The Week That Was

The Week That Was: All of Lawfare in One Post

By Katherine Pompilio
Saturday, February 19, 2022, 9:52 AM

David Preiss shared an episode of the Chatter Podcast in which he sat down with John Avlon to discuss Abraham Lincoln’s underappreciated plan for post-Civil War peace—and how we can apply its lessons today:

Quinta Jurecic and Benjamin Wittes discussed the potential implications of the expiring statutes of limitations for obstruction offenses against Trump described in Volume II of the Mueller report. 

Jen Patja Howell shared an episode of the Lawfare Podcast in which Natalie Orpett sat down with Wittes and Jurecic to discuss their recent article about potential obstruction charges against Trump, what could be going on inside the Justice Department and what we can expect from Attorney General Merrick Garland:

Roger Parloff discussed the petition to block Rep. Madison Cawthorn’s name from appearing on the 2022 primary ballot as an insurrectionist. 

Howell shared an episode of the Lawfare Podcast in which Parloff and Wittes discussed Parloff’s article, which was entitled “Can Madison Cawthorn Be Blocked From the North Carolina Ballot as an Insurrectionist?” They discussed the ins and outs of the Cawthorn case, what constitutes an insurrection for purposes of the section, what Madison Cawthorn did, why he—of all members of Congress—is the one who is being subjected to this challenge, and who gets to decide who gets disqualified:

Katherine Pompilio announced next week’s Lawfare Live which will feature a Q&A with Parloff about the petition to block Rep. Madison Cawthorn from the 2020 ballot as an "insurrectionist" under Section Three of the Fourteenth Amendment and the upcoming first criminal trial of a Jan. 6 Capitol riot defendant. 

Howell shared an episode of the Lawfare Podcast which featured audio of a Brookings event on the future of American democracy with Rep. Jamie Raskin. After the discussion with Rep. Raskin, a panel of Brookings scholars discussed Jan. 6 and Rep. Raskin’s reflections. The panel featured Brookings senior fellows Sarah Binder, Fiona Hill, Rashawn Ray, Molly Reynolds and Brookings fellow Jurecic:

Rohini Kurup and Pompilio posted a 112-page U.S. District Court for the District of Columbia ruling that determined that Trump could be held liable for his conduct in office. 

John Langford, Justin Florence and Erica Newland explained short and long term solutions to Trump’s violations of the Presidential Records Act.

Anna Lvovsky discussed if judges should defer to police expertise in criminal cases. 

Scott R. Anderson outlined what exactly is happening with Afghanistan’s assets.

Howell shared an episode of the Lawfare Podcast in which Wittes sat down with Alex Zerden and Anderson to discuss the Biden administration’s decision to freeze $7 billion of Afghan assets: 

Jason Bartlett discussed ways to improve sanctions coordination between the U.S. government and humanitarian aid groups. 

Alex Kostin explored Russia’s attempts to gain access to the Norwegian archipelago of Svalbard in an attempt to dominate the Arctic politically. 

Howell also shared an episode of Rational Security in which Jurecic, Alan Rozenshtein and Anderson were joined by Dominic Bustillos to discuss the crisis in Ukraine and the Republican National Committee’s sanction of Reps. Cheney and Kinzinger:

Alvaro Marañon posted a joint cybersecurity advisory on Russian cyber actors targeting U.S. contractors by the Cybersecurity and Infrastructure Security Agency, Federal Bureau of Investigation and National Security Agency. 

Paul Rosenzweig explained what to expect with cyber-surprise in the context of the Russian-Ukraine crisis. 

Stewart Baker shared an episode of the Cyberlaw Podcast which featured discussions about the government’s filing after the arrest of (alleged) Bitcoin Bandits and the EU General Data Protection Regulation and the European Court of Justice decision in the Schrems cases:

Steve Stransky and Kemba Walden explored where congress is on cyber reporting requirements. 

Howell shared an episode of the Lawfare Podcast in which Evelyn Douek and Jurecic spoke with Brandon Silverman about transparency from social media platforms and why it matters. They also discussed his work with the Congress and other regulators to advise on what legislation ensuring more openness from platforms would look like—and why it’s so hard to draft regulation that works:

Chris Jay Hoofnagle and Simson Garfinkel explored both fantastic pro-social uses of quantum computing and an array of dangerous bad uses. 

Raquel Leslie and Brian Liu published a SinoTech article on the Justice Department’s charges against Chinese telecommunications company Hytera with conspiring to steal radio technology. 

Jordan Schneider shared an episode of ChinaTalk which featured a discussion with Andrew Methven about the newest and most interesting Chinese internet slang from the previous year:

Lauren Kahn explained what we can learn about defense innovation from the Defense Department’s 2021 China Military Power Report. 

And that was the week that was.