The Week That Was

The Week That Was: All of Lawfare in One Post

By Benjamin Pollard
Saturday, July 30, 2022, 9:01 AM

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Quinta Jurecic, Natalie K. Orpett, Peter Strzok, and Benjamin Wittes outlined eight standards to evaluate the Justice Department’s investigation of Jan. 6 going forward, in light of recent reporting that revealed the Justice Department is investigating Donald Trump’s actions in relation to its criminal probe on Jan. 6.

Jen Patja Howell shared an episode of the Lawfare Podcast in which Wittes sat down with Jurecic, Orpett, David Priess, and Molly Reynolds on Twitter Spaces to discuss the Jan. 6 House select committee’s eighth hearing in its current series:

Howell also shared an episode of Rational Security in which Scott R. Anderson, Jurecic, and Alan Rozenshtein sat down with Wittes to discuss the House select committee’s final hearing in its series, HIMARS rocket system use in Ukraine, and the Steve Bannon contempt trial:

Howell shared an episode of the Lawfare Podcast in which Priess sat down with Juliette Kayyem and Jonathan Wackrow to discuss the Secret Service’s alleged erasure of text messages sent and received on Jan. 6, and more:

Katherine Pompilio shared an episode of #LiveFromUkraine in which Wittes sat down with Terrell Jermaine Starr to discuss the war and the parallels between the African American experience and the Ukrainian national experience:

She also shared another episode in which Wittes talked to Alina Mykhailova, a combat medic in Donbas who is also a member of the Kyiv City Council:


Raphael S. Cohen and Gian Gentile discussed what the U.S. military learned from its wars in Iraq and Afghanistan and how these lessons might impact its approach to conventional warfare, such as the war in Ukraine.

Sourabh Gupta reviewed the State Department’s recent analysis of South China Sea entitlements, concluding that the analysis is legally flawed.

Matt Gluck shared the Justice Department’s indictment of a Russian national for his attempts to interfere in U.S. elections.

Priess shared an episode of Chatter in which he spoke with Cindy Otis about writing fake news and other national security issues for a young adult audience, the history of fake news, and more:

Howell shared an episode of the Lawfare Podcast in which Scott R. Anderson sat down with Derek Muller to discuss the independent state legislature doctrine in light of the pending Supreme Court case Moore v. Harper:

Bob Bauer and Jack Goldsmith argued that the recently introduced bipartisan Electoral Count Reform Act is an improvement over the 1887 Electoral Count Act.

Matt Perault detailed the shifting partisan fault lines in speech policy after Dobbs v. Jackson Women’s Health Organization.

Irina Manta and Cassandra Burke Robertson argued that the Fourteenth Amendment applies to all those born within U.S. territories in light of a cert petition on the issue currently before the Supreme Court.

Howell shared an episode of the Lawfare Podcast in which Bryce Klehm sat down with John Gleeson to discuss the fall of John Gotti and the takedown of La Cosa Nostra:

Madalyn K. Wasilczuk argued that neglecting to consider age in the hiring of police officers contributes to harmful policing.

Goldsmith discussed recent unsuccessful developments in the search to discover the body of Jimmy Hoffa.

Howell shared an episode of the Lawfare Podcast in which evelyn douek sat down with Adriana Robertson to discuss the legal issues behind the soured deal between Elon Musk and Twitter:

Edward Parker and Michael Vermeer urged the U.S. government to consider the cybersecurity benefits of offering public cash bounties to individuals who can crack new encryption used to defend quantum computers.

Daveed Gartenstein-Ross, Madison Urban, and Cody Wilson argued that new Florida and Texas content moderation laws could leave platforms without tools to combat extremism in social media spaces.

Howell shared an episode of the Lawfare Podcast in which Benjamin Wittes sat down with Heather Adkins and Dmitri Alperovitch to discuss the Cyber Safety Review Board, the Log4j disaster, and the board’s first major report on Log4j:

Allistair Simmons and Justin Sherman discussed past Justice Department cases against data brokers for harmful advertising-related activities and their implications for policymakers.

Chinmayi Sharma argued that current attempts to address security problems in open source software are insufficient and that a comprehensive institutional structure needs to be built to solve the issue.

Nicol Turner Lee shared an episode of TechTank in which she sat down with co-host Darrell West and Carol Graham to discuss the role that technology has played in recent mass shootings:

Stewart Baker shared an episode of the Cyberlaw Podcast in which he sat down with Christna Ayiotis, Michael Ellis, and Nick Weaver to discuss a congressional bill that would provide tax breaks to the semiconductor industry, Russian information warfare in Ukraine, Justice Department attempts to seize cryptocurrency from hackers, and more:

Gluck shared an audit report from the Special Inspector General for Afghanistan Reconstruction that found questionable payments from the Pentagon to the Government of Afghanistan for defense ministry salaries from 2019 to 2021.

And Yuval Shany and Amichai Cohen discussed a recent Israeli Supreme Court ruling that effectively blocks tort claims arising from Gaza. 

And that was the week that was.