The Week That Was

The Week That Was: All of Lawfare in One Post

By Matt Gluck, Tia Sewell
Saturday, July 4, 2020, 11:25 AM

Jen Patja Howell shared an episode of the Lawfare Podcast featuring a discussion with Lawfare’s Benjamin Wittes, Scott Anderson, Susan Hennessey and David Priess, along with Alina Polyakova, president and CEO of the Center for European Policy Analysis, on the Russian bounties on American soldiers in Afghanistan:

Aditi Shah explained the Supreme Court’s decision in Department of Homeland Security v. Thuraissigiam, in which the Court ruled that the denial of habeas corpus review in federal court to asylum seekers does not violate the Suspension Clause in Article I of the Constitution. Amanda Tyler compared this ruling to Boumediene v. Bush (2008) and discussed Thuraissigiam’s implications for the Suspension Clause moving forward.

Sean Mirski discussed a Senate Judiciary Committee hearing on the Foreign Sovereign Immunity Act (FSIA) and its implications for coronavirus-related lawsuits against China. Howell shared an episode of the Lawfare Podcast in which Scott Anderson spoke with Chimène Keitner, professor of International Law at the University of California Hastings School of Law, and Robert Williams, executive director of the Paul Tsai China Center at Yale Law School, about the FSIA hearing and the legal claims against the Chinese government:

Aditi Shah also discussed the recent coronavirus-related lawsuits brought by ICE detainees in federal courts.

Michael Poznansky discussed the U.N. Charter’s impact on the nature of U.S. foreign interventions.

Howell also shared an episode of the Lawfare Podcast featuring a conversation with Jack Goldsmith and Eric Posner, the Kirkland & Ellis Distinguished Service Professor of Law at the University of Chicago, and the author of the “The Demagogue’s Playbook: The Battle for American Democracy from the Founders to Trump.” They discussed why democratic systems are susceptible to demagogues and how the diminishing authority of constitutional safeguards cleared the way for Donald Trump to win the presidency:

Herb Lin discussed the geopolitical and governance implications of Starlink, a space-based internet service provider.

Trey Herr, Nathaniel Kim and Bruce Schneier proposed using supply chains to bolster the global security of computing devices and the networks that connect them.

Adira Levine analyzed recent legal decisions calling for increased transparency in the activities of the National Security Commission on Artificial Intelligence.

Quinta Jurecic discussed newly-available material from the Mueller report that surfaced after Buzzfeed News and other organizations brought successful litigation resulting in the release of a less-redacted version of the report.

Jordan Schneider shared an episode of ChinaTalk featuring an interview with Tina Huang and Remco Zwetsloot from the Center for Security and Emerging Technology on tech and immigration in China:

Elliot Setzer shared a livestream of a House Foreign Affairs Committee hearing on the implications of the Chinese government’s new national security law in Hong Kong.

Setzer also shared a livestream of the House Permanent Select Committee on Intelligence hearing on U.S.-China relations in a post-COVID world.

Stewart Baker shared an episode of the Cyberlaw Podcast featuring a discussion on the Lawful Access to Encrypted Data Act, election security and the Assange case, among other things:

Preston Lim analyzed current national security developments in Canada, including coverage of recent terrorism charges against a 17-year-old allegedly inspired by an Ideologically Motivated Violent Extremist (IMVE) movement.

Chuck Rosenberg analyzed Justice Department lawyer John Elias’s testimony last week describing interference by Attorney General William Barr within the Department of Justice’s Antitrust Division.

Howell also shared an episode of the Rational Security podcast about President Trump’s briefings on the Russian bounties and unemployment among federal workers due to the spread of the coronavirus:

Adam Pearlman and Arthur Traldi analyzed a report issued by a European Union agency about the prosecution of captured Islamic State militants.

Jack Goldsmith shared a supplement to the Bradley, Deeks & Goldsmith Foreign Relations Law casebook. The supplement discusses congressional efforts to regulate the president’s efforts to withdraw from international agreements, coronavirus-related lawsuits against the Chinese government and the killing of Iranian General Qassem Soleimani, among other topics.

And Howell shared a conversation between Goldsmith and David Shimer on the latter's new book, "Rigged: America, Russia and 100 Years of Covert Electoral Interference":

And that was the week that was.