The Week That Was

The Week That Was: All of Lawfare in One Post

By Lev Sugarman
Saturday, March 16, 2019, 7:47 AM

Chuck Rosenberg reviewed Preet Bharara’s new book, “Doing Justice: A Prosecutor’s Thoughts on Crime, Punishment, and The Rule of Law.”

Sean Quirk summarized military commission proceedings in the trial of alleged al-Qaeda commander Abd al-Hadi al-Iraqi.

With the Mueller Report supposedly impending, Jen Patja Howell shared an episode of the Lawfare Podcast featuring discussion between Benjamin Wittes and Andrew Coan on the history of U.S. special prosecutors and presidential investigations:

Continuing his series on presidential war powers, Matthew Waxman wrote on President Dwight Eisenhower’s Middle East use of force authorization of 1957.

Benjamin Wittes shared a Lawfare Podcast episode featuring a conversation with Waxman on this incident and other stories from annals of constitutional war powers history:

Sarah Grant reviewed recent developments in litigation surrounding President Donald Trump’s ban on transgender military service members.

Peter Margulies discussed the Trump administration’s reliance on judicial deference in litigation on the transgender service ban, DACA and the census.

Bob Bauer located Nancy Pelosi’s public statements on impeachment in the context of the current debate over impeachment’s proper role in the U.S. system.

And Robert Chesney and Steve Vladeck shared an episode of the National Security Law Podcast featuring the Senate’s rebuke of Trump on Yemen, Paul Manafort’s sentences and more.

In L’Affaire Russe, Lev Sugarman shared the transcripts of two interviews conducted by the House Judiciary Committee and released by its ranking member, Rep. Doug Collins (R-Ga.): one with former FBI Assistant General Counsel Lisa Page, and the other with former Assistant Director of the FBI Counterintelligence Division Peter Strzok.

Sugarman also posted the Manhattan district attorney’s indictment of Paul Manafort on mortgage fraud and other financial charges.

Moving to cybersecurity and technology, Alan Z. Rozenshtein assessed Facebook’s planned use of end-to-end encryption in its messaging service. Timothy J. Muris discussed the issues at stake in the Federal Trade Commission’s lawsuit against Qualcomm. And Susan Landau considered whether Section 215 surveillance programs still provide intelligence value.

In light of news reporting on U.S. Cyber Command’s operations during the 2018 midterm elections, Rick Ledgett analyzed real-world applications of deterrence theory in cyberspace.

Jim Baker reflected on the privacy and security risks that the U.S. will face in adopting 5G technology.

And Stewart Baker shared an episode of the Cyberlaw Podcast featuring discussion on the future Section 215 surveillance, European efforts to secure elections and more:

Finally, in foreign policy, Seamus Hughes and Haroro J. Ingram evaluated the Trump administration’s domestic countering violent extremism policies in the weekly Foreign Policy Essay.

Daniel Byman shared his initial thoughts on Friday’s terrorist attack in New Zealand.

John Sipher discussed the importance of Indonesia within U.S. counterterrorism strategy.

Jen Patja Howell shared an episode of Rational Security featuring discussion between Tamara Cofman Wittes, Shane Harris, Susan Hennessey and Benjamin Wittes on rising political instability in the Middle East, a massage parlor owner’s reported scheme to sell access to the Trump administration and more:

Amanda Sloat continued her series on Brexit, offering recent updates on a potential delay of the UK’s departure from the EU.

Sahand Moarefy considered possible U.S. responses to the European financial intermediary vehicle designed to skirt American sanctions on Iran.

Stephanie Leutert and Sarah Spalding dissected migration patterns from Central America to the U.S. in light of President Trump’s claims on the topic.

And Joshua White made the case for an increase in staff at the Treasury Department’s Office of Foreign Assets Control.

And that was the week that was.