The Week That Was

The Week That Was: All of Lawfare in One Post

By Garrett Hinck
Saturday, October 7, 2017, 9:19 AM

The Senate Intelligence Committee leadership briefed the press on the progress of its investigation into Russian interference in the 2016 election. Vanessa Sauter posted the video and transcript.

Sophia Brill argued that administration officials who took part in the updated travel ban security should swear under oath that they made non-biased judgements about which countries to include.

The Supreme Court agreed to hear a consolidated case on the role of active-duty military officers serving on the Court of Military Commissions Review. Harry Graver analyzed the cases and the issue they raise before the Court.

Robert Chesney assessed the ACLU’s habeas petition for the unnamed American citizen being held as an enemy combatant.

Chesney and Steve Vladeck shared the National Security Law Podcast, on which they discussed the man’s case and the Supreme Court case on military commissions:

Chesney also examined the Pentagon’s policy for detention operations in the context of the unnamed enemy combatant.

In their [email protected] column, Susan Hennessey and Benjamin Wittes examined the legality of the alleged government surveillance of Paul Manafort.

The Rational Security team discussed the enemy combatant along with the spat between Secretary of State Tillerson and President Trump in the “Moron” edition. Benjamin Wittes shared the podcast:

J. Dana Stuster updated the Middle East Ticker, covering new driving rights for Saudi women, Iraqi Kurdistan in the aftermath of the independence referendum, and Egypt’s crackdown on dissidents and minorities.

Kate Bateman argued that a new corruption amnesty law just passed in Tunisia will undermine its post-Arab Spring democratic transition.

Matthew Kahn posted the House Judiciary Committee’s draft of a FISA Section 702 reform bill.

On the subject of FISA reform, Robyn Greene detailed the findings of her new report on unintentional noncompliance with 702 targeting and minimization procedures.

For a broader look at surveillance, the Lawfare Editors highlighted the upcoming Hoover Institution book soiree where Benjamin Wittes will interview Timothy Edgar about his new book, Beyond Snowden.

Stewart Baker shared the Cyberlaw Podcast, featuring discussion with Nicholas Weaver about the Equifax hack, Google’s compliance with DOJ orders, and the vulnerabilities equities process:

He also shared a bonus edition of the Cyberlaw Podcast, featuring audio of a panel of cyber security experts at the Georgia Tech Annual Cyber Security Summit:

 

Vanessa Sauter flagged a notable amicus brief that Orin Kerr submitted in Carpenter v. U.S.

Paul Rosenzweig examined the news that Hewlett Packard Enterprises allowed the Russian military to review the source code for a cybersecurity system used by the Pentagon.

Garrett Hinck questioned whether the State Department reorganization effort is undermining effective U.S. cyber diplomacy.

Ido Kilovaty argued that one solution to prevent massive data breaches is to encourage ethical hacking.

Claire Groden explained the context for understanding China’s crackdown on Bitcoin.

Megan Reis argued that the U.S. response to an interdicted North Korean arms shipment to Egypt shows the U.N. sanctions system at work. 

Michael Neiberg reviewed Robert Gerwarth’s book The Vanquished: Why the First World War Failed to End.

Matthew Kahn posted the Lawfare Podcast, featuring audio from a Hoover Institution event at which Oona Hathaway and Scott Shapiro discussed their new book The Internationalists with Jack Goldsmith:

Ashley Deeks discussed Common Article 3 of the Geneva Conventions and non-state armed groups for the multi-blog series on the Fifth Annual Transatlantic Workshop on International Law and Armed Conflict.

Elena Chachko outlined the legal and international consequences of a decertification of Iran’s compliance with the 2015 nuclear deal.

Vanessa Sauter shared a bonus edition of the Lawfare Podcast, featuring an interview with Jack Goldsmith about his article in the Atlantic on the Trump’s assault on the institution of the presidency:

In the Foreign Policy Essay, Julie Chernov Hwang argued that the revised Indonesian anti-terrorism law will not only set back human rights in Indonesia but also exacerbate its terrorism problem.

And that was the week that was.