The Week That Was

The Week that Was: All of Lawfare in One Post

By Elliot Setzer
Saturday, April 25, 2020, 11:41 AM

Eric Posner examined what courts should do when people challenge pandemic containment measures imposed by state governments and the federal government.

Jen Patja Howell shared an episode of Rational Security discussing protests against states’ stay-at-home orders and China’s disinformation campaign about the coronavirus:

Bobby Chesney and Steve Vladeck shared an episode of the National Security Law Podcast discussing the possibility of Justice Department intervention on behalf of plaintiffs in litigation from private parties challenging state lockdown orders:

Christine Kwon, Erica Newland and Kristy Parker argued Trump can’t play politics with aid to states.

Peter Margulies argued that Trump’s coronavirus immigration order is a restriction in search of a rationale. Elliot Setzer shared the executive order.

Patja Howell shared an episode of the Lawfare Podcast featuring a discussion of whether contact tracing raises privacy concerns:

Setzer analyzed a “paper hearing” on big data and the coronavirus, in which lawmakers and private experts debated digital contact tracing and COVID-19 privacy concerns.

Posner argued that the World Health Organization had problems long before President Trump began to criticize its handling of the coronavirus pandemic.

Richard Altieri and Benjamin Della Rocca discussed the recent flurry of lawsuits demanding compensation from China for COVID-19.

John Bellinger argued that lifting China’s sovereign immunity in order to bring COVID-19 lawsuits would be a mistake.

Patja Howell shared an episode of the Lawfare Podcast featuring an interview with New York Times opinion writer Charlie Warzel on the internet during the pandemic:

Patja Howell also shared an episode of the Lawfare Podcast explaining the clinical research process for coronavirus remedies and discussing what counts as legitimate clinical evidence that a treatment really works:

Setzer shared a letter from a bipartisan group of senators urging cyber leaders to prevent attacks on the healthcare sector.

Paul Rosenzweig argued that the current state of international air travel is an indicator of what post-coronavirus economic recovery might look like.

Patja Howell shared an episode of the Lawfare Podcast featuring an interview with former congressman Brian Baird and Daniel Schuman of Demand Progress on how Congress can continue to function remotely:

Setzer shared a resolution from the House Rules Chairman that would authorize remote voting.

Jordan Schneider shared an episode of ChinaTalk featuring dispatches about the coronavirus from Shanghai, Beijing and Hong Kong:

Schneider also shared a second episode of ChinaTalk’s series of coronavirus stories, featuring reflections and analysis from the Philippines, Russia and Taiwan:

Rachel Bercovitz analyzed the possible statutory bases for prosecuting “Zoom-bombing”.

Bellinger discussed the first year of Helms-Burton lawsuits—actions that capitalize on a rule-change by the Trump administration that allows U.S. nationals to sue persons and companies that “traffic” in property expropriated by the Cuban government.

John Lewis, Benjamin Seel and Nitin Shah discussed a federal district judge’s ruling that then-Principal Deputy Director of USCIS Ken Cuccinelli’s appointment violated the Federal Vacancies Reform Act.

Trey Herr argued that to meaningfully change the software ecosystem, liability policies must establish clear security standards and create incentives for organizations to apply patches quickly.

Scott Anderson and Pranay Vaddi analyzed when the president can withdraw from the Open Skies Treaty.

Charlotte Butash discussed how Trump’s recent actions deviate from the contemporary legal framework governing inspectors general.

Lester Munson shared an episode of Fault Lines featuring an interview about the race to 5G with Andy Keiser, former Senior Advisor to the House Permanent Select Committee on Intelligence:

Setzer shared an advisory report from experts recommending changes to the structure of the military justice system.

Stewart Baker shared an episode of the Cyberlaw Podcast, featuring an interview with Thomas Rid on his study of the history of disinformation:

Setzer shared the fourth volume of the Senate Intelligence Committee’s report on Russian election interference.

Rachael Hanna argued that shell corporations facilitate contracting fraud at the Department of Defense and explored how the ILLICIT CASH ACT could solve some of these problems.

Cort Thompson argued that Russia’s recent anti-satellite weapons testing signals a return to long-standing tensions in space.

Raffaello Pantucci analyzed how the Jamaican preacher Abdullah al-Faisal, who is now facing potential extradition to the United States, rose through the extremist ranks.

Erik Manukyan summarized a Ninth Circuit decision permitting federal Wiretap Act claims against Facebook.

Nathaniel Sobel discussed what is and isn’t new in the unredacted footnotes from the Inspector General’s Russia report.

And Setzer shared a Justice Department motion announcing it will file a petition for a writ of certiorari In re Application of the Committee on the Judiciary, the Judiciary Committee’s effort to obtain grand jury materials relevant to the Mueller Report.

And that was the week that was.