The Week That Was

The Week that Was: All of Lawfare in One Post

By Matthew Kahn
Saturday, August 26, 2017, 7:10 AM

On Saturday, Robert Williams described a policy toward China that might enable a deal on North Korea. Covering other developments in the Asia-Pacific region, Julian Ku noted that trying to constrain China’s cyber activities using international law may not benefit the U.S. interests. Jimmy Chalk and Eliot Kim published this week’s Water Wars, discussing the recent Navy collisions and other maritime developments.

Matthew Kahn posted the statement of Military Commissions Chief Prosecutor Mark Martins. Nora Ellingsen summarized the recent ruling in the Abu Khatallah case. And Bobby Chesney rebutted an argument that the strategic model of counterterrorism as war is a failure.

Mary McCord argued that criminal law should treat domestic terrorism as the moral equivalent of international terrorism. In this week's Foreign Policy Essay, Chris Meserole assessed how the Trump administration can respond to right wing extremism.

Dan Byman laid out the reasons why the U.S. is losing in Afghanistan—and why more troops are unlikely to help. Gabriella Blum argued that international law bears no relevance to President Trump’s Afghanistan strategy.

J. Dana Stuster posted the Middle East Ticker, covering the Barcelona attacks, Yemen’s fracturing rebel coalition, and the flack that Benjamin Netanyahu took for his response to anti-Semitism.

And Ranj Alaaldin assessed how Mudtada al-Sadr, the Iraqi Shiite cleric, could change Iraq and the surrounding region.

The Lawfare Editors announced next month’s Hoover Book Soiree: On September 11, Jack Goldsmith will talk to Oona Hathaway and Scott Shapiro about their new book The Internationalists.

Ashley Deeks flagged an AJIL online symposium about cyber and sovereignty. Paul Rosenzweig registered his concern that the FSB will participate in the study of an possible international standard for blockchain technology. Matt Bishop argued that using open source software will not guarantee election security. And Sarah Tate Chambers described two cases of cybercrime that highlight a stark contrast in rehabilitation and recidivism for the Cybercrime Roundup.

On the Lawfare Podcast, Susan Hennessey interviewed Bobby Chesney and Michael Sulmeyer on the since-announced elevation of Cyber Command and its possible split from NSA.

Bobby Chesney and Steve Vladeck posted this week’s National Security Law Podcast, on which they addressed the President’s Afghanistan speech and new GTMO policy.

Benjamin Wittes posted this week’s episode of Rational Security, the “Everything Old is New Again” edition.

Susan Hennessey and Benjamin Wittes argued on Lawfare’s Foreign Policy feed that the President's legal authority to start a nuclear war probably cannot be limited. Sarah Grant and Jack Goldsmith explained Secretary Mattis’s options in the event that the President orders him to do something legal, but unwise. 

Wittes also revisited his theory from last year that then-candidate Donald Trump posed a national security threat to see how his predictions have played out.

Bob Bauer described what President Trump’s proposed pardon of Joe Arpaio would signal about his presidency.

Carrie Cordero explained how the President’s dishonesty about and attacks on the press implicate his ability to carry out his duties as Commander-in-Chief.

And Paul Rosenzweig regretted that conservatives are trading away their legal principles to stand by Trump.

And that was the week that was.