The Week That Was

The Week That Was: All of Lawfare in One Post

By Garrett Hinck
Saturday, November 25, 2017, 9:12 AM

Richard Betts and Matthew Waxman outlined a proposal to constrain and safeguard the president’s authority to launch a first-use nuclear attack.

Amanda Sloat explained why the Manhattan U.S. attorney’s case against Turkish-Iranian businessman Reza Zarrab is matter of high interest to the Turkish government.

Daniel Byman analyzed the significance of the Trump administration’s decision on Tuesday to put North Korea back on the list of state sponsors of terrorism.

Sharon Bradford Franklin and Andi Wilson argued that Congress should codify the reformed vulnerabilities equities process for disclosing cyber security exploits into law.

Garrett Hinck outlined the physical and virtual threats against submarine communications cables and the international treaties protecting them from damage.

Sarah Grant summarized Stephen Gill’s tort claims against the U.S. Marshals Service related to his arrest and forced witness testimony before the military commission trying U.S. v. al-Nashiri.

Vanessa Sauter shared the Lawfare Podcast, featuring a discussion between Benjamin Wittes and Naunihal Singh on the strategic logic of the coup in Zimbabwe—and coups in general:

Harry Graver overviewed the Classified Information Procedures Act and its significance for national security prosecutions.

Robyn Greene responded to previous analysis in Lawfare that suggested the public is apathetic about FISA Section 702 surveillance, arguing that general polling data shows Americans are generally concerned about their privacy from government monitoring.

Chinmayi Sharma summarized the House Judiciary Committee's revised version of its Section 702 reauthorization bill. 

Stewart Baker shared the Cyberlaw Podcast, featuring an interview with David Ignatius about his new book, “The Quantum Spy”:

Paul Rosenzweig shared his new affiliation with the R Street Institute.

Shannon Togawa Mercer posted the military commissions’ Convening Authority’s press release announcing that it upheld Judge Spath’s contempt finding against Brig. Gen. John Baker.

Sarah Grant summarized the Maryland U.S. District Court's opinion and injunction halting the ban on transgender military service members. 

Vanessa Sauter shared the Lawfare Podcast, featuring an interview between Benjamin Wittes and Gordon Wood about the relationship between John Adams and Thomas Jefferson:

Rosenzweig posted a video of a Federalist Society panel on international counterterrorism surveillance cooperation.

Benjamin Wittes shared the "Mother May I Launch a Missile" edition of Rational Security

Previewing next week's oral arguments in Carpenter v. U.S., Orin Kerr argued that the Fourth Amendment does not guarantee a general right to be secure from government surveillance. 

In the Foreign Policy Essay, Candace Rondeaux applied lessons from the “Art of the Deal” to the administration’s strategy for negotiations with the Taliban.

And that was the week that was.