The Week That Was

The Week That Was: All of Lawfare in One Post

By Garrett Hinck
Saturday, September 30, 2017, 8:39 AM

Donald Trump unveiled the latest iteration of the travel ban this week, updating the list of countries and creating supposedly targeted restrictions based on a security review. Matthew Kahn posted the White House proclamation announcing the new measures. Russell Spivak summarized the administration’s updated restrictions. Josh Blackman argued that the new measures will lead federal courts to finally concede that the ban is legal. Peter Margulies disagreed, arguing it undermined the Immigration and Nationality Act. Vanessa Sauter asked whether the ban on travel from North Korea would actually cover all North Koreans who enter the United States. And Benjamin Wittes bypassed the legal question but argued that regardless of its legality, the ban was wrong—the “cold pizza” of prior demagoguery.

Wittes also shared the transcript of his remarks at the Muslim Public Affairs Council, where he argued that national security must be an inclusive enterprise.

Kahn posted testimony from the Senate Judiciary Committee’s hearing on proposed legislation to ensure the independence the Special Counsel. Rick Pildes proposed a slightly modified approach to protecting the Special Counsel that would allow judicial review of existing Department of Justice regulations.

Wittes flagged the puzzling, unproductive letter that Republicans on the House Judiciary Committee sent demanding a special counsel to look into James Comey's role in the Clinton email investigation. 

Sabrina McCubbin posted the court documents from Dalmazzi v. U.S., a consolidated case on the role of active-duty military officers on the Court of Military Commission Review.

The AP reported that the U.S. military is considering transferring the U.S. citizen captured fighting for the Islamic State to Iraqi custody. Robert Chesney analyzed the legal implications of the potential transfer and the administration’s other options for prosecuting the man.

Chesney and Steve Vladeck shared the National Security Law Podcast, on which they discussed the detainee, U.S. military aid to Puerto Rico, and the administration’s updated policy for the use of force outside war zones:

J. Dana Stuster updated the Middle East Ticker, covering this week’s Kurdish independence referendum, the administration’s approach to the Iran deal, and the convergence of U.S.-backed and Russian-backed forces in Deir al-Zour.

Dan Byman outlined how the Islamic State’s recent losses are contributing to divisions within the global jihadist movement.

Colin Clarke argued in the Foreign Policy Essay that one of the best way to disrupt the Islamic State’s returning foreign fighters is to focus on their local criminal networks .

One positive development from the Middle East was Saudi Arabia's announcement that it would now let women drive. Benjamin Wittes and the Rational Security hosts discussed that news in the “Lady, You Can Drive Your Car” edition of the podcast:

Shannon Togawa Mercer previewed the German parliamentary elections and their implications for transatlantic relations. Mercer also analyzed the results in the context of NATO, U.S.-Russia relations, and the EU.

Mailyn Fidler and Tiffany Lin summarized their paper on access to cross-border data flows through the Mutual Legal Assistance Treaty system.

Julian Ku and Chris Mirasola evaluated China’s new legal theory that justifies its expanding territorial claims in the South China Sea.

Samm Sacks and Paul Triolo outlined the implications of new regulations under China’s cybersecurity law for online identity and privacy.

Vanessa Sauter shared this week's Lawfare Podcast, featuring audio from a lecture by Stephan Haggard on the North Korean nuclear and missile programs:

Elizabeth McElvein examined what polling data says about the American people’s views of U.S. military action against North Korea.

Steve Slick reviewed Joel Witney’s new book on the CIA’s role in propaganda during the Cold War.

Sauter posted the government's reply brief in Carpenter v. U.S.

Stewart Baker shared this week's Cyberlaw Podcast, featuring an interview with Jeremy Rabkin about his new book on international law:

Rebekah Lewis advised lawmakers on how to best translate outrage about the Equifax breach into meaningful oversight and cyber security policy.

In this week's Water Wars, Jimmy Chalk detailed China's new legal strategy in the South China and its implications for the region. 

Oona Hathaway and Scott Shapiro responded to what they viewed as misconceptions about the argument of their new book, The Internationalists.  

And that was the week that was.