The Week That Was

The Week That Was: All of Lawfare in One Post

By Garrett Hinck
Saturday, January 20, 2018, 8:13 AM

On Thursday, the Senate passed the bill reauthorizing the FISA Section 702 surveillance program for another six years. Emma Kohse the bill. Susan Hennessey and Jack Goldsmith that even those wary of President Trump’s loose commitment to the rule of law should support the reauthorization.

Giving a view on surveillance from across the pond, Vanessa Sauter the Lawfare Podcast, featuring a conversation with David Anderson on the U.K.'s intelligence policies:

Robert Litt that Trump is wrong to accuse Peter Strzok of treason.

Shane Reeves and Robert Lawless whether there is an international legal basis for a "bloody nose" strike on North Korea. 

Benjamin Wittes a special edition of the Lawfare Podcast, featuring an interview with Anthony Cormier on his about the investigation into suspicious payments from the Russian embassy during the 2016 election:

Sarah Grant and Jack Goldsmith  where the United States is fighting terrorists around the world and how the armed conflict has changed since the Obama administration. 

Evelyn Douek to Sen. Ben Cardin’s staff report about Russian interference in democracies, arguing that its recommendations do not adequately address the role of social media influence operations.

Ed Stein key upcoming Russia sanctions deadlines for the president.

Wittes this week’s Rational Security, featuring a discussion of L’Affaire Russe and the Hawaii ballistic missile alert:

Vanessa Sauter the transcript from the interview of Glenn Simpson, Fusion GPS CEO, before the House intelligence committee in November.

Josh Blackman Attorney General Jeff Sessions’s letter to the Department of Homeland Security about DACA.

Sauter the livestream of Homeland Security Secretary Kirstjen Nielsen’s testimony before the Senate Judiciary Committee.

On Tuesday, the Supreme Court heard arguments in Dalmazzi v. U.S. Harry Graver the briefs and oral arguments.

On the National Security Law Podcast, Robert Chesney Dalmazzi with Steve Vladeck, who argued the case before the Court:

Chesney the merits of a new habeas petition for 11 Guantanamo Bay detainees claiming the government’s authority to detain them under the 2001 AUMF has expired.

Sarah Grant last week's pretrial proceedings in the 9/11 case at the military commissions. 

On Thursday, Judge Tanya Chutkan ordered the government not to transfer the unnamed U.S. citizen being held as an enemy combatant pending a ruling on the habeas petition in Doe v. Mattis. Matthew Kahn the order.

Chesney Chutkan’s decision to bar the detainee’s transfer.

Herb Lin and Paul Rosensweig to Suan Landau’s for a new definition of cybersecurity that includes information warfare, agreeing that protecting U.S. election requires attention to both information warfare and cybersecurity concerns.

Klon Kitchen that the U.S. needs to convene a new Solarium project to address the national security dimensions of cybersecurity.

Lin whether the newly released Nuclear Posture Review implies that the U.S. would respond to a devastating cyber attack with nuclear force.

Stewart Baker this week’s Cyberlaw Podcast, featuring an interview with Shane Harris and discussion of the 702 reauthorization effort:

Matthew Kahn the arrest affidavit of Jerry Chun Shing Lee, the former CIA agent suspected of providing classified information to the Chinese government.

In this week’s Middle East Ticker, Dana Stuster the Iran sanctions waiver, Turkey’s plan to attack U.S.-backed forces in Syria, and the U.N.’s claim that Iran is providing missile to Yemeni rebels.

Yishai Schwartz Nitsana Darshan-Leitner and Samuel Katz's book, “Harpoon: Inside the Covert War Against Terrorism’s Money Masters.”

Alex Thurston five myths that some experts believe about Boko Haram.

Laurie Blank whether using shovels as weapons in war is lawful.

Ashley Deeks that the United States needs to start thinking about how to address pervasive domestic surveillance in other states, including China.

And that was the week that was.