The Week That Was

The Week That Was: All of Lawfare in One Post

By Victoria Clark
Saturday, August 4, 2018, 6:12 PM

The trial of former Trump campaign manager Paul Manafort began on Tuesday in the Eastern District of Virginia. Autumn Brewington explained the charges against Manafort and the potential implications of the case for President Trump. After the first day of jury selection and opening statements, she detailed how references to Russia are banned in courtroom 900—yet ever-present.

The claim by President Trump’s personal attorney Rudy Giuliani that “collusion is not a crime” set legal experts aflutter this week. Bob Bauer offered his view of Giuliani’s argument. Robert Chesney and Steve Vladeck also addressed the conspiracy/collusion question with their guest Amy Jeffress on the National Security Law Podcast. Additionally, they tackled 3D guns, Doe v. Mattis, and NATO:

On Tuesday, a U.S. District Judge affirmed, yet again, the constitutionality of Special Counsel Robert Mueller's appointment under the Appointments Clause.

Quinta Jurecic and Benjamin Wittes updated their post from 2017 that outlined seven theories to explain the facts of L’Affaire Russe in light of what we now know.

Victoria Clark traced the history of the term “meddling” in its current context back to Russian President Vladimir Putin and former ambassador to Russia Michael McFaul.

Ed Stein read Congress’s latest effort to discourage electoral interference—the Deter Act—so you don’t have to.

Terrorism prosecutions received due attention on Lawfare this week: Charles Church, one of the attorneys for Abu Zubaydah, explained what he believes politicians and the media are still getting wrong about his client’s case. Brenna Gautam recounted last week’s military commisions developments in United States v. Khalid Shaikh Mohammed et al. And Jenna Consigli detailed the myriad challenges when prosecuting citizens who become Islamic State fighters.

On Tuesday, Wittes shared a letter he received from the Justice Department acknowledging that the DOJ could not find any records to back up a statement made by President Trump during his first speech before a joint session of Congress in 2017.

On this week’s Middle East Ticker, J. Dana Stuster provided an update as the U.S. resumes military aid to Egypt, Pompeo restrains Trump’s no holds barred offer to talk with Iran, and American pastor Andrew Brunson remains in Turkish custody. Kemal Kirisci and Ilke Toygür questioned the proper role of NATO members amid Turkey’s declining democracy. Daniel Byman criticized the United States’ “Yellow Light” policy in Yemen.

On Rational Security, Shane Harris, Susan Hennessey, Tamara Cofman Wittes, and Benjamin Wittes discussed TSA tracking, Trump’s offer to Iranian President Hassan Rouhani, and more.

Shannon Togawa Mercer and Robert Williams wondered how President Trump will define success in his escalating trade war with China. Lynn Kuok laid out the best way to counter China’s actions in the South China Sea. Timothy Heath argued that China is preparing for its role in a post-U.S. led international order.

Wittes sat down with Mercer, Amanda Sloat, and Tom Wright to tackle all things Brexit on the Lawfare Podcast.

This week in the cyber world, the Justice Department unsealed indictments against three Ukrainian nationals who are members of the international cybercrime group “Fin7.”

On the Cyberlaw Podcast, Stewart Baker interviewed FTC Commissioner Noah Phillips, Gus Hurwitz explained the cyber implications in the NDAA, and Matthew Heiman examined a circuit court split on insurance coverage of cyber-related losses.

Paul Staniland reexamined the “liberal order” in light of Donald Trump’s foreign policy.

Susan Landau raised concerns over Judge Kavanaugh's apparent unwillingness to account for technological changes in communication technology.

On the Lawfare Podcast, Harris moderated a discussion on an issue that is near and dear to his heart: Should humans communicate with aliens?

Hilary Hurd predicted the next steps for Julian Assange if he is expelled from Ecuador’s London embassy.

After Congress agreed to a consensus version of the Foreign Investment Risk Review Modernization Act, Stephanie Zable explained what FIRFMA will actually do. Herb Lin offered his analysis of the National Counterintelligence and Security Center report on “Foreign Economic Espionage in Cyberspace.”

Orin Kerr shared the 2018 case supplement to “Computer Crime Law, 4th Edition.”

Scott Harman summarized the June issue of Vanderbilt Journal of Transnational Law, a special edition on the law of armed conflict.

And that was the week that was.