The Week That Was

The Week That Was: All of Lawfare in One Post

By Victoria Clark
Saturday, July 7, 2018, 8:16 AM

The Supreme Court’s decision in Trump v. Hawaii continued to make waves this week. On Monday, Salam Al-Marayati kicked things off with a discussion of how anti-Muslim sentiment threatens the future of cooperation between Muslim Americans and U.S. law enforcement. Josh Blackman laid out five unanswered questions left in the wake of the court’s ruling. Carrie Cordero and Quinta Jurecic compared the travel ban to the Trump administration’s family separations policy. And Benjamin Wittes reflected on the constitutional status of pretext and “duh!” as a jurisprudential standard.

In other Supreme Court news, Kerr explained what a search under the Carpenter decision would actually look like. And Jim Baker, Orin Kerr, and Wittes carried on the Carpenter discussion this week on the Lawfare Podcast:

In L’Affaire Russe news, the Senate Intelligence Committee endorsed the January 2017 assessment from the Intelligence Community that Russia interfered in the 2016 elections. Josh Blackman challenged George Conway’s argument that the executive can unilaterally revoke the special counsel’s authority. And on Rational Security, Shane Harris, Susan Hennessey, Tamara Coffman Wittes, and Benjamin Wittes questioned whether the next Supreme Court justice should recuse on cases related to the Russia connection. They also discussed the (not so) shocking revelation that North Korea has continued its nuclear program and the implications of Trump’s NATO criticisms for Afghanistan's forgotten war.

David Kris reflected on lessons learned from the NSA’s call-detail-record errors announced on June 28. On Tuesday, Stewart Baker posted the latest Cyberlaw Podcast which addressed California’s new privacy law, ZTE, and the NSA’s metadata program:


J. Dana Stuster provided an update in this week’s Middle East Ticker as U.A.E.-backed forces in Yemen head to the negotiating table, 270,000 Syrian refugees head towards Israel, and Iranian President Hassan Rouhiani heads to Europe. Liron Libman outlined the problems with collective punishment in light of a recent Israeli appeals tribunal decision. And Turkey-expert Amanda Sloat joined Wittes for a discussion on Erdogan's recent electoral success on the Lawfare Podcast.


Chris Meserole analyzed how technological advancements will impact United States’ military conflicts.

Jack Goldsmith shared the most recent supplement from his treatise with Curtis Bradley, “Foreign Relations Law.”

Todd Tucker predicted how the latest challenge to the president’s steel tariffs will play out.

And Jonathan Cedarbaum reviewed Daphne Richemond-Barak’s book “Underground Warfare,” and considered the operational realities when fighting beneath the surface.

And that was the week that was.