The Week That Was

The Week That Was: All of Lawfare in One Post

By Benjamin Pollard
Saturday, August 27, 2022, 8:45 AM

Jack Goldsmith evaluated the role the Presidential Records Act plays in arguments about the presidential records retrieved by the FBI in their search at Mar-a-Lago.

Matt Gluck and Hyemin Han shared the redacted search warrant that led to the FBI search of former President Donald Trump’s Mar-a-Lago residence. The Lawfare team analyzed the portions of that document that are not blacked out.

Tia Sewell shared a lawsuit filed by former President Trump asking the court to appoint a special master to review the seized materials at Mar-a-Lago.

Jen Patja Howell also shared an episode of Rational Security in which Scott R. Anderson and Alan Rozenshtein were joined by Benjamin Wittes to discuss Ukraine’s new offensive strategy in Russian-held areas such as Crimea, the recent Republican primary results, and the argument from former President Donald Trump’s lawyers seeking a special master to oversee the materials recovered by the FBI in its search of Mar-a-Lago:

Roger Parloff assessed whether the Jan. 6 defendants who are looking to change their trial locations will be successful.

Anna Bower reported on Fulton County’s Aug. 16 hearing regarding the subpoena of former Trump campaign lawyer Jenna Ellis.

Sewell shared the decision from a federal appeals court temporarily blocking the testimony of Sen. Lindsey Graham (R-S.C.) in front of an Atlanta grand jury investigating 2020 election interference in Georgia.

Han shared the Justice Department’s unredacted 2019 memo that argued against prosecuting Trump for obstruction of justice in Special Counsel Robert Mueller’s 2016 election interference investigation.

Katherine Pompilio shared an episode of #LivefromUkraine in which Wittes sat down with Oleksandra Povoroznik to discuss language politics in Ukraine, Povoroznik’s life before Russia’s invasion of Ukraine, Ukraine’s defiant wartime culture and humor, and more:

Howell shared an episode of the Lawfare Podcast in which Tyler McBrien sat down with Elliot Ackerman to discuss Ackerman’s new book, “The Fifth Act: America’s End in Afghanistan”:

Howell also shared an episode of the Lawfare Podcast in which Bryce Klehm sat down with Michael Gordon to discuss Gordon’s new book on Iraq, “Degrade and Destroy”:

Todd Huntley argued that an essential step toward reducing noncombatant casualties is to codify the protection of civilians as a clear objective for commanders in all operations.

Charlotte A. Tschider reviewed David Lyon’s book, “Pandemic Surveillance.”

Jim Dempsey argued that the federal privacy bill in the House of Representatives marks an improvement on current cybersecurity laws but still requires additional work when it comes to preemption.

Cameron Kerry argued that Federal Trade Commission rulemaking is not a sufficient alternative to federal privacy legislation.

Howell shared an episode of the Lawfare Podcast in which Tia Sewell sat down with Filippa Lentzos and Sean Ekins to discuss dual-use artificial intelligence threats as the field of artificial intelligence grows:

Samantha Lai and Darell M. West shared an episode of TechTank in which they sat down to discuss West’s new book, “Power Politics: Trump and the Assault on American Democracy”:

Howell shared the Lawfare Podcast in which Rozenshtein sat down with Andrew Tutt to discuss the impact of Torres v. Texas on veterans and on Congress’s war powers:

Shalini Bhargava Ray argued that it is the president’s duty to set immigration enforcement priorities in light of an immigration enforcement case that the Supreme Court will consider in December.

Nilanthi Samaranayake assessed the regional security implications of the crisis in Sri Lanka.

Jordan Schneider shared an episode of ChinaTalk in which he sat down with Dan Spokojny and John Bateman to discuss how data can be used to fix current U.S. foreign policy failings:

Jason M. Blazakis argued that the gender pay gap among athletes in the United States presents a national security threat, as elucidated by the Russian trial of WNBA star Brittney Griner.

And Robert Chesney shared a call for nominations to the 2022 Mike Lewis Prize for National Security Law Scholarship.

And that was the week that was.