The Week That Was

The Week that Was: All of Lawfare in One Post

By Victoria Gallegos
Sunday, February 7, 2021, 1:50 PM

Jen Patja Howell shared an episode of the Lawfare Podcast, in which Benjamin Wittes, Quinta Jurecic and David Priess discussed the impeachment briefs filed in advance of next week’s Senate trial: 

Frank O. Bowman III argued that it is constitutional to try a former president who was impeached while in office. 

Rohini Kurup shared the impeachment brief filed in the Senate by House Democrats on Feb. 2. Kurup also shared the brief filed by President Trump’s lawyers in response to the impeachment brief filed by House impeachment managers. Kurup additionally posted a letter sent by House impeachment manager Rep. Jamie Raskin to President Trump, asking him to testify under oath during his Senate trial.

Charlotte Butash, Bryce Klehm and Benjamin Wittes proposed a mechanism for using inspectors general as a kind of distributed truth commission for the Trump era. 

Klehm also announced this week’s Lawfare Live, in which Lawfare’s Benjamin Wittes and Quinta Jurecic discussed various proposals for truth commissions: 

powered by CrowdcastFred B. Schneider and Justin Sherman analyzed the strengths and limitations of various trust-building proposals for software and hardware supply chains. 

Patrick Hulme examined President Biden’s view of presidential war powers.  

Howell shared a episode of the Lawfare Podcast, featuring David Priess’s interview with Carrie Cordero, Andrew McCabe, Elizabeth Neumann, and Nick Rasmussen about the Department of Homeland Security’s terrorism advisory concerning domestic extremism: 

David Cunningham and Jennifer Earl suggested steps on how to improve policing. 

Victoria Gallegos shared a selection of President Biden’s executive actions on policing and criminal justice. Gallegos also shared a compilation of executive actions on the department of defense and federal civil service reforms.

Laura Daniels analyzed the use of soft power by white supremacists.  

Louis E. Caldera, Adham Sahloul and Caroline Chang argued that it would benefit the U.S. government to empower diaspora Americans in foreign policy and national security. 

Stewart Baker discussed potential consequences of undoing the Trump administration’s travel ban. 

Berin Szóka and Ari Cohn examined content moderation, using Section 230 and the First Amendment. 

John Foote analyzed the ability of an old U.S. trade statue to end demand for goods made with forced Uighur labor. 

Jordan Schneider shared an episode of ChinaTalk, in which Maggie Lewis, a professor at Seton Hall, and Lev Nachman, a professor at UC Irvine, discuss Biden’s Taiwan policy, among other topics:

Abby Lemert and Eleanor Runde explained recent U.S.-China technology policy, including Taiwan’s role in chip manufacturing. 

Gary Corn examined the legality of banning Chinese drone technology.

Lester Munson shared an episode of Fault Lines, featuring conversations with National Security Institute authors about their recent publications on deep fakes and China at the United Nations:

Howell shared this week’s edition of the Lawfare Podcast’s “Arbiters of Truth” series, which featured a conversation about Substack with Lawfare’s Jacob Schulz and Jordan Schneider, host of the ChinaTalk podcast:

Grayson Clary argued that Parler was scraped, not hacked, and that scraping is not a crime. 

Baker shared an episode of the Cyberlaw Podcast, featuring an interview with Ciaran Martin, the first director of the U.K.’s National Cyber Security Center (NCSC):

Paul Rosenzweig discussed the substance of the mandate of the proposed Bureau of Cyber Statistics (BCS). 

Munson shared an episode of Fault Lines, featuring an interview with Sen. Bob Corker, former chairman of the senate foreign relations committee:

Howell shared an episode of the Lawfare Podcast, in which Wittes spoke with Alina Polyakova, president of the Center for European Policy Analysis, about the protests in Russia: 

Howell shared an episode of the Lawfare Podcast, featuring a conversation with Nate Schenkkan, director of research strategy at Freedom House, and Isabel Linzer, research analyst for technology and democracy at Freedom House, about transnational repression. 

Alexei Abrahams and Joey Shea examined online disinformation campaigns in Libya. 

John Bellinger and Matthew Waxman discussed their recent essay on international legal gaps and solutions with respect to international security. 

Zhanna Malekos Smith analyzed the goals and shortfalls of the Trump administration’s Space Policy Directive-6.  

Howell shared an episode of Rational Security, which covers the impeachment, the Myanmar military coup, and Marjorie Taylor Greene: 

And Robert Chesney and Steve Vladeck shared an episode of the National Security Law Podcast discussing the impeachment trial and a variety of national security law topics:

And that was the week that was.