The Week That Was

The Week that Was: All of Lawfare in One Post

By Elliot Setzer
Saturday, June 13, 2020, 12:31 PM

Scott Anderson, Emma Broches, Eric Halliday and Julia Solomon-Strauss analyzed the unique relationship between Washington, D.C. and the federal governmen—a relationship which allowed President Trump to deploy national guard troops and federal law enforcement across the capital without the city’s consent.

Steve Vladeck criticized the Justice Department’s explanation for why out-of-state national guard units were in Washington, D.C.

Elliot Setzer shared a complaint filed by three protesters against Trump over the forced clearing of Lafayette Square so the president could attend a photo-op at a nearby church.

Jen Patja Howell shared an episode of Rational Security discussing the police clearing of peaceful protesters from Lafayette Park, as well as the debates about police reform occurring across the country:

She also shared an episode of the Lawfare Podcast in which Jordan Schneider interviews New Yorker writer Evan Osnos about the anniversary of the Tiananmen Square massacre and the clearing of Lafayette Square:

Nathaniel Sobel summarized the law of qualified immunity and what it has to do with police reform.

Rachel Brown and Coleman Saunders analyzed whether law enforcement officers can refuse to identify themselves.

And Sobel discussed whether a government drone flight over a protest violated the Fourth Amendment.

Patja Howell also shared an episode of the Lawfare Podcast featuring an interview with David Frum on his new book “Trumpocalypse: Restoring American Democracy”:

Scott Anderson and Benjamin Wittes announced they have filed suit over a missing presidential war powers report the law required back in March.

Roger Parloff discussed the shoddy history behind a key precedent in the case of Michael Flynn. Quinta Jurecic shared a livestream of the D.C. Circuit’s oral arguments in the Flynn case. And Wittes summarized the argument.

Setzer shared briefs from Flynn, the Department of Justice and U.S. District Court Judge Emmet Sullivan, as well as the brief from court-appointed amicus John Gleeson in the lower court, who argued the government’s motion to dismiss charges against Flynn should be denied.

Mark Lagon and Rachel Sadoff argued that China has led the aid response to the coronavirus crisis in Africa—and that the United States should step up. Justin Sherman and Tianjiu Zuo discussed the supply-chain security risk of Chinese component suppliers in the U.S. energy grid.

Jack Goldsmith outlined a constitutional response to Trump’s firing of inspectors general. Setzer shared transcripts released by Democratic members of Congress of an interview conducted last week with former State Department Inspector General Steve Linick, who was abruptly fired last month.

John Bellinger and Sean Mirski analyzed the first significant setback for suits under Title III of the Helms-Burton Act.

Setzer shared an executive order authorizing sanctions against International Criminal Court personnel.

Patja Howell shared an episode of the Lawfare Podcast featuring a conversation about protecting free expression online with Eileen Donahoe, executive director of the Global Digital Policy Incubator at Stanford University:

Rep. Katie Porter and Rep. Jackie Speier argued that the Department of Defense’s request to Congress to roll back post-service lobbying restrictions for former generals and senior Pentagon civilians is a terrible idea.

Patja Howell shared an episode of the Lawfare Podcast in which Margaret Taylor discusses the Trump administration’s latest moves to dismantle the Iran nuclear agreement with Peter Harrell and Richard Nephew:

Lester Munson shared an episode of Fault Lines discussing ongoing conflict in Syria and Libya with Jennifer Cafarella, National Security Fellow at the Institute for the Study of War:

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Mikhaila Fogel shared an invitation to a Lawfare Live discussion with David Kris, former assistant attorney general for the National Security Division, about how future administrations should think about U.S. national security priorities in the wake of Donald Trump.

Matthew Aiesi and Amanda Minikus argued the Rules of Engagement are the wrong lexicon for deterrence signaling—and that the best approach is for the U.S. to use the lexicon of jus ad bellum.

Stewart Baker shared an episode of the Cyberlaw Podcast featuring an interview with Ben Buchanan on how artificial intelligence may influence national security and cybersecurity:

Lester Munson shared an episode of Fault Lines discussing President Trump’s decision to withdraw from the Open Skies Treaty:

Subscribe on Spotify, Itunes or Acast to hear about the topics dominating headlines, as well as to gain glimpses into the news stories you may have missed every week.

Patja Howell shared an episode of the Lawfare Podcast in which Taylor interviews law professor Josh Chafetz about “congressional overspeech”:

And David Priess shared a job announcement for an Associate Editor position at Lawfare.

And that was the week that was.