The Week That Was

The Week that Was: All of Lawfare in One Post

By Zachary Burdette
Saturday, December 3, 2016, 10:00 AM

Benjamin Wittes offered a defense of libertarian panic as a response to the Trump administration.

He also shared journalist Jonathan Rauch’s query for input from Lawfare readers concerning how to identify when the Trump administration has crossed key red lines protecting liberal-democratic norms.

Chris Mirasola profiled the latest additions to the Trump national security team.

Helen Klein Murillo flagged President-elect Donald Trump’s selection of (Ret.) General James Mattis for Secretary of Defense.

April Doss called for an audit of the presidential election voting, but for the sake of cybersecurity due diligence, rather than politics.

Bobby Chesney outlined recent developments in how the Obama administration has structured the war on terror.

Bobby also commented on the administration's decision to declare Sirte an “area of active hostilities,” thereby turning off limitations from the administration’s PPG rules.

Seth Jones assessed the nature and implications of the competition between the Islamic State and the Taliban in Afghanistan.

Dan Byman discussed U.S. efforts to train and equip allied governments to fight terrorism.

Beverley Milton-Edwards commented on the most recent failed ceasefire in Yemen.

Lisa Daniels explored the implications of the European Union’s decision to prematurely lift sanctions on an Iranian state-owned bank.

Jillian Ventura analyzed the most controversial components of the Investigatory Powers Bill, Britain's overhaul of its surveillance laws.

Matt Tait argued that exceptional access for law enforcement would make it harder, rather than easier, for the next administration to abuse the rule of law.

Susan Landau warned that changes to Rule 41 that allow the FBI access to computers in any location with one search warrant could set a dangerous international precedent.

Susan Hennessey also commented on the rule change, arguing that civil liberties critics have exaggerated the threat from the modification and that the change makes it possible to return to more important debates on how to regulate government hacking.

Bobby Chesney highlighted interesting provisions in the Intelligence Authorization Act for FY’ 17 that just cleared the House.

Nora Ellingsen flagged recent material support charges.

J. Dana Stuster updated the Middle East Ticker with analysis on Syria, Turkey, and Jordan.

Sarah Tate Chambers rounded up the latest developments in cybercrime.

Chris Mirasola summarized the latest news on territorial disputes in the South China Sea. Chris also offered commentary on Trump’s phone call with Taiwanese President Tsai Ying-wen, which was the first direct contact between American and Taiwanese heads of state in almost forty years.

Stephanie Leutert discussed the kidnapping epidemic of Central American migrants in Mexico.

Adam Klein assessed Justice Scalia’s legacy on foreign and comparative law.

Paul Rosenzweig outlined how immigration and border security policies may evolve in the next administration.

David Ryan previewed the oral argument in Citizens for Responsibility and Ethics in Washington v. U.S. Department of Justice.

William Fenrick reviewed Kenneth Watkin’s Fighting at the Legal Boundaries: Controlling the Use of Force in Contemporary Conflict.

David Kimball-Stanley commented on a circuit court decision on the regulation of 3D printed guns.

Jack Goldsmith and Benjamin Wittes flagged the next Hoover Book Soiree for Christopher Moran’s Company Confessions: Secrets, Memoirs, and the CIA.

Bobby Chesney responded to claims that Lawfare’s editorial position has changed, emphasizing that Lawfare does not take institutional positions and never has.

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

Quinta Jurecic posted the Lawfare Podcast, featuring a discussion on governance and stability in the Middle East:

Benjamin Wittes uploaded this week’s episode of Rational Security, the “Who Wants to be a Secretary of State” Edition:

And that was the week that was.