The Week That Was

The Week that Was: All of Lawfare in One Post

By Hannah Kris
Saturday, January 18, 2020, 1:38 PM

Samuel Morse analyzed how adopting the Federal Rules of Evidence for the Senate impeachment trial would really impact proceedings.

Mieke Eoyang and Anisha Hindocha criticized Mitch McConnell’s views on the procedure of the Senate impeachment trial.

Bob Bauer criticized McConnell’s statements condemning the Trump impeachment as a “nightmarish” precedent.

Hilary Hurd considered the historical definition of an impeachable act.

Jonathan Shaub examined the process to subpoena witnesses in the Senate impeachment trial.

Jen Patja Howell shared a new episode of the Lawfare Podcast, which features David Priess, Molly Reynolds, Jonathan Shaub, Margaret Taylor and Benjamin Wittes imagining what the Senate impeachment trial will look like:

Jen Patja Howell shared a new episode of Rational Security, in which Shane Harris, Susan Hennessey, Benjamin Wittes, and Tamara Cofman Wittes discuss new developments in impeachment, the Qasem Soleimani strike, and the Democratic primary debate:

Jacob Schulz posted new materials that were provided to the House of Representatives by Lev Parnas to be included in the impeachment inquiry.

Quinta Jurecic posted additional documents provided to the House of Representatives by Lev Parnas.

Hadley Baker posted a decision by the Government Accountability Office asserting that the Trump administration had violated the law when it withheld aid to Ukraine.

Hannah Kris shared a livestream of the House vote to send articles of impeachment to the Senate. She also shared a livestream of the swearing in of all 100 senators in the Trump impeachment trial.

John Bellinger assessed President Trump’s new nominee for legal adviser, Ambassador C.J. Mahoney.

Michael J. Glennon examined the legality of the Soleimani strike under international law.

Emma Broches explored the ongoing efforts by European authorities to hold Syrian war criminals accountable.

Bruce Riedel examined the reign of Oman’s Sultan Qaboos.

Amanda Sloat analyzed new developments in Brexit.

Liron Libman analyzed the International Criminal Court’s decision to open an investigation into the “situation in Palestine.”

Jhalak M. Kakkar examined India’s new Citizenship Amendment Act and its ramifications on Muslim migrants.

Quinta Jurecic shared the FBI’s response to the order of the Foreign Intelligence Surveillance Court requesting further information on FBI and Justice Department practices in filing FISA warrants and the FISC’s ruling appointing David Kris as amicus curiae.

She also posted Kris’s amicus letter brief in response to the FBI’s submission before the FISA court regarding FBI and Justice Department practices in FISA warrants.

Benjamin Wittes considered the Horowitz Report’s findings regarding FISA in Part III of his series of posts on the inspector general's report.

Hadley Baker posted former national security adviser Michael Flynn’s motion to withdraw his guilty plea of making false statements to the FBI.

Bruce Hoffman and Jacob Ware analyzed the growing threat of incels.

Rachel Westrate analyzed the Federal Reserve system’s considerations of the economic impact of climate change.

Jacob Schulz posted a preliminary injunction against a Sept. 2019 executive order allowing state and local governments to block refugee resettlements.

Jen Patja Howell shared the newest edition of the Lawfare Podcast, which features Evelyn Douek, Quinta Jurecic, Bobby Chesney and Danielle Citron discussing the impact of deepfakes and other less sophisticated forms of editing:

Stewart Baker shared a new episode of the Cyberlaw Podcast, which features Nate Jones, David Kris, and Baker himself discussing legislation addressing deepfakes legislation and deeply fake legislation:

Lester Munson shared a new episode of the Fault Lines podcast, which features Dana Stroul, Jamil Jaffer, Jodi Herman, and Lester Munson discussing the Solaimani strike and its fallout:

Robert Chesney and Steve Vladeck shared the 150th episode of the National Security Law Podcast, which features Robert Chesney, Steve Vladeck and Christopher Krebs:

Hannah Kris posted livestreams of House committee hearings on Iran policy, child deaths in DHS custody, lessons learned in Afghanistan, facial recognition technology, and the Pentagon's role in U.S.-China competition.

She also shared the parts of the seventh Democratic primary debate relevant to national security.

And that was the week that was