The Week That Was

The Week that Was: All of Lawfare in One Post

By Zachary Burdette
Saturday, November 5, 2016, 10:09 AM

Jack Goldsmith and Benjamin Wittes offered a guide for those perplexed by FBI Director James Comey’s decision to revisit the investigation of the Clinton emails. They also assessed the role of Attorney General Loretta Lynch in the controversy.

Michael Price questioned the constitutionality of the FBI search of Anthony Weiner’s devices, arguing that failing to selectively seize the relevant data may have breached the Fourth Amendment.

Quinta Jurecic and Benjamin outlined a theory on Trumpism and radicalization.

J. Dana Stuster reset the Middle East Ticker with analysis on Yemen, Lebanon, and Morocco.

Sarah Yerkes argued that protests in Morocco are unlikely to escalate into a new Arab Spring.

Amira Mikhail discussed Egypt’s crackdown on NGOs.

David Bosco flagged the comments of former U.S. ambassador Stephen Rapp on the ICC’s investigation of the war in Afghanistan.

Clint Watts raised questions about the value that U.S. counterterrorism partners provide.

Kenneth Pollack posted an assessment of the military and political dynamics in Iraq.

Kemal Kirisci discussed Turkey’s illiberal crackdown.

Steve Slick reviewed The Iran Wars: Spy Games, Bank Battles, and the Secret Deals that Reshaped the Middle East, by Jay Solomon.

Julian Ku and Chris Mirasola reassessed Chinese compliance with the South China Sea tribunal decision, and then updated their analysis based on new information that China is allowing the Philippines to fish at Scarborough Shoal.

Graham Webster discussed the most recent U.S. FONOP, and Julian posted a comment from a DOD official that clarified the legal intent of the operation.

Chris Mirasola rounded up news on the South China Sea.

Carrie Cordero flagged a new report from the George Washington University Center for Cyber and Homeland Security on private sector cyber defenses. Here’s the report.

Paul Rosenzweig argued that there is a “theater of the absurd” in government policies that can undermine cybersecurity.

Christopher Young offered some recommendations on cybersecurity policy for the next administration.

Michael Sulmeyer and Ben Buchanan flagged a new paper they’ve written on cybersecurity threats to American elections.

Kenneth Propp examined how Brexit will shape Britain’s data privacy laws.

Shannon Togawa Mercer commented on the U.K. High Court’s ruling on Brexit procedures.

Herb Lin assessed the DOJ’s policies on intake and charging for computer crimes.

Zac Copeland reviewed the legal implications of Executive Order 13224, which expands executive authority to target terrorist finances.

Quinta Jurecic reupped our reader questionnaire on how to best structure Today’s Headlines & Commentary.

She also provided the link to a new Lawfare Podcast episode on the Al-Bahlul case:

Stewart Baker posted the latest episode of the Steptoe Cyberlaw Podcast:

And Benjamin Wittes uploaded this week’s episode of Rational Security, the “The New National Nightmare Will Soon Begin” Edition:

And that was the week that was.