The Week That Was

The Week That Was: All of Lawfare in One Post

By Victoria Clark
Saturday, June 30, 2018, 7:08 AM

The Supreme Court took center stage this week after it released a number of highly-anticipated decisions and Justice Anthony Kennedy announced his retirement from the bench. On Tuesday, the high court voted 5-to-4 to uphold President Trump’s travel ban. Hilary Hurd and Yishai Schwartz provided an initial summary of the ruling. Peter Margulies highlighted the sections of the decision that urge Trump to use greater civility. And Quinta Jurecic addressed Chief Justice John Robert’s reference to Korematsu in the majority opinion.

A week after the Carpenter ruling was released, privacy experts continued to digest its implications. David Kris outlined the ramifications of the decision for foreign intelligence surveillance law. Orin Kerr discussed the significance of the ruling in terms of subpoena law. And Paul Rosenzweig worried that the majority opinion provides little structure while leaving considerable room for interpretation.

In January of 2018, Aditya Bamzai argued before the Supreme Court as an amicus curiae in Ortiz v. United States. On Monday, he reflected on the court’s June 22 ruling. Harry Graver summarized the Article III and statutory questions involved in the Ortiz decision.

On the National Security Law Podcast, Robert Chesney and Steve Vladeck offered their take on the SCOTUS-filled week:

Stephanie Leutert kicked off the immigration discussion this week with an explanation of who is crossing the border and their reasons for coming. Benjamin Wittes sat down with Leutert on the Lawfare Podcast to discuss her experiences along the U.S.-Mexico border:

On Tuesday, a federal judge for the Southern District of California granted an injunction requiring the Department of Homeland Security to reunite families separated at the border. Shane Harris, Susan Hennessey, Benjamin Wittes, and Tamara Cofman Wittes tackled the implications of that ruling on Rational Security. They also discussed Jared Kusner’s Middle East road trip plus the recent SCOTUS-POTUS love affair:

Bobby Chesney provided an update on the Senate’s version of the National Defense Authorization Act for Fiscal Year 2019, explaining the provisions that impact the military’s authority to engage in cyber operations. Garrett Hinck summarized private sector cyber-norms. Hayley Evans outlined the Department of Homeland Security’s cybersecurity strategy. And David Stanton and Wenquing Zhao rounded up recent news from the China-U.S. cyber world.

David Sanger discussed his book: “The Perfect Weapon—War, Sabotage, and Fear in the Cyber Age,” on the Cyberlaw Podcast.

On Tuesday, a judge rejected Paul Manafort’s claim that the special counsel lacks the legal authority to bring charges against him.

On Wednesday, a federal grand jury charged the Charlottesville vehicle attacker in a 30-count indictment.

In the Middle East Ticker, J. Dana Stuster caught us up after Erdogan’s supporters turned out to vote, the Assad regime turned south, and Iranian protestors turned up the heat. Gerald Steinberg defended Israel’s restrictive policies for NGOs. Kemal Kirisci showed us how to interpret Erdogan’s electoral victory. And Ruwanthika Gunaratne and Gregory Johnsen conducted their own investigation into the origins of the war in Yemen.

Former CIA and NSA Director Gen. Michael Hayen and Jamil Jaffer taught us how to navigate a post-truth world on the Lawfare Podcast:

Victoria Clark provided a brief history of the word “collusion.”

Heather Hurlburt argued that our foreign policy institutions cannot remain stuck in the past.

Finally, Mihoko Matsubara reviewed Shinichi Yokohama’s book, “Keiei to Saiba Sekyuriti-Dejitalu Rejilienshi,” and showed us a glimpse of Japan’s private-sector cybersecurity.

And that was the week that was.