The Week That Was

The Week That Was: All of Lawfare in One Post

By Elliot Setzer
Saturday, June 6, 2020, 10:16 AM

As America responds to the killing of George Floyd by a white police officer in Minneapolis, Jen Patja Howell shared an episode of the Lawfare Podcast, featuring an interview with Dr. Rashawn Ray about the mechanisms of police violence, implicit bias, and what policy levers are available to bring an end to the rash of police killings:

Scott Anderson and Michel Paradis explored the Trump administration’s ability to deploy military forces within the U.S. and the limitations of the Insurrection Act.

And Patja Howell shared a joint episode of the Lawfare Podcast and the National Security Law Podcast discussing the president’s threat to invoke the Insurrection Act with Bobby Chesney, Steve Vladeck and Benjamin Wittes:

Hundreds of Department of Homeland Security officers were called up this week to provide security within the District of Columbia. Carrie Cordero argued that the Department’s law enforcement agencies require expanded oversight.

Patja Howell shared an episode of Rational Security discussing the role of Bill Barr and the Justice Department in responding to the recent protests, and Trump’s use of other federal forces:

Daniel Byman argued that policymakers and law enforcement should keep a careful eye on whether white supremacists work to accelerate civil disorder amid protests over the death of George Floyd. Elliot Setzer shared the criminal complaint against three alleged far-right anti-government extremists charged with conspiracy to incite violence at a Las Vegas Black Lives Matter protest. And as demonstrations continued in major cities around the country, Susan Hennessey and Margaret Taylor outlined how Congress could work together to calm the country.

Richard Altieri and Benjamin Della Rocca analyzed Trump’s revocation of Hong Kong’s special status, and China’s push to win the global tech race. Peter E. Harrell explained how the U.S. could respond to Beijing’s attempts to restrict Hong Kong’s autonomy. And Setzer shared a livestream of a Senate Banking, Housing and Urban Affairs Committee hearing on the crisis in Hong Kong.

Wittes analyzed Rod Rosenstein’s peculiar testimony to the Senate Judiciary Committee earlier this week, arguing the the former deputy attorney general made claims contradicted by much of the known record. Setzer shared a recording of the Committee’s hearing—the first in a series on oversight of the Crossfire Hurricane investigation.

Patja Howell shared an episode of the Lawfare Podcast in which Jack Goldsmith spoke with Bart Gellman, author of the new book, “Dark Mirror: Edward Snowden and the American Surveillance State”:

Stewart Baker also shared an episode of the Cyberlaw Podcast featuring an interview with Bart Gellman:

Setzer shared Judge Emmet Sullivan’s brief submitted to the D.C. Circuit Court of Appeals outlining his rationale for declining to immediately dismiss the case against Michael Flynn. Setzer also shared the Justice Department’s brief urging the D.C. Circuit to force Sullivan immediately to dismiss the prosecution of Flynn.

Charlie Martel argued Congress should investigate the Trump administration’s coronavirus response. And Herb Lin offered some ways that lessons from cybersecurity and the pandemic can inform one another.

Charles Duan and Jeffrey Westling argued that Trump’s executive order on Section 230 has already harmed online speech. Elliot Setzer shared the Center for Democracy and Technology’s challenge to the constitutionality of the executive order. And as political pressure is mounting against broad liability protections for online platforms, Yuval Shany outlined a better way forward for regulating offensive online speech.

Jacob Shulz shared a ruling from a military commissions judge holding that torture can be a factor in sentencing.

Edward Fishman discussed how to fix America’s failing sanctions policy.

Patja Howell shared an episode of the Lawfare Podcast in which Evelyn Douek and Quinta Jurecic spoke with Ryan Merkley of the Wikimedia Foundation about why Wikipedia works:

Jason Blazakis argued the State Department decision to add Cuba to the Not Fully Cooperating Country list could signal a more aggressive policy.

Setzer shared a livestream of a House Homeland Security Committee hearing on election security and integrity during the pandemic.

Jason Healey argued the cyber budget shows what the U.S. values—and it isn’t cyber defense.

Paul Rozenzweig reviewed P.W. Singer and August Cole’s recent book, “Burn In: A Novel of the Real Robotic Future.”

Justin Key Canfil argued there is no clear explanation for why the Trump administration believes withdrawal from the Open Skies Treaty serves U.S. interests.

Emma Broches discussed Southeast Asia’s overlooked foreign fighter problem.

Patja Howell shared an episode of the Lawfare Podcast discussing covert action, regime change and international law with Michael Poznansky, an assistant professor of International Affairs and Intelligence Studies at the University of Pittsburgh:

And Mikhaila Fogel shared an invitation to a career panel webinar and Q&A with Lawfare’s senior team, on Tuesday, June 9, at 11:00 a.m. ET.

And that was the week that was.