The Week That Was

The Week That Was: All of Lawfare in One Post

By John A. Emmons, Avery Schmitz
Friday, April 21, 2023, 4:47 PM

Benjamin Wittes shared a job posting for Lawfare’s next Director of Development. Applications will be accepted on a rolling basis.

Quinta Jurecic reviewed the facts of Dominion v. Fox, and considered the utility of defamation lawsuits as mechanisms for winning accountability of media organizations responsible for disinformation.

On Rational Security, hosts Scott R. Anderson, Jurecic, and Alan Rozenshtein were joined by Jed Shugerman to discuss the week’s big national security news stories, including the indictment of former President Donald Trump, the recent settlement in Dominion Voting Systems’ libel lawsuit against Fox News, and more:

Eric Columbus analyzed Manhattan District Attorney (DA) Alvin Bragg’s lawsuit against House Judiciary Chair Jim Jordan (R-Ohio), in which Bragg seeks to block Jordan’s subpoena of former Manhattan Special Assistant DA Mike Pomerantz. He explored the case’s potential to modify interpretation of Mazars, as well as the real possibility of a judicial punt on the issue.

Hadley Baker shared an opposition filed by Rep. Jim Jordan (R-Ohio) in response to Manhattan District Attorney Alvin Bragg’s lawsuit against him, the House Judiciary Committee, and Mark Pomerantz, the former New York County special assistant district attorney.

Jurecic sat down with Samar Ali and Sekou Franklin on the Lawfare Podcast to discuss the expulsions of two Democratic lawmakers from the Tennessee House of Representatives, the event’s significance in a trend of subnational democratic erosion, and more:

Ingrid (Wuerth) Brunk considered which government apparatus is responsible for granting foreign sovereign immunity following the Supreme Court’s decision in Türkiye Halk Bankasi, A.S. v. United States.

Avery Schmitz shared the Supreme Court’s synopsis and opinions in its 7-2 decision in Türkiye Halk Bankasi v. United States.

Ashley Deeks considered lawmakers’ recent vow to “tackle AI.” Delineating between AI use in classified versus unclassified spaces, Deeks argued that innovations in AI regulation in the unclassified space might inform how the U.S. government can regulate classified AI use.

Jim Baker considered the implications of “unbound” generative artificial intelligence (AI) for government and society amidst the AI arms race.

In the latest installment of Lawfare’s Digital Social Contract paper series, Margot Kaminski analyzed the rise of a risk regulation approach to AI regulation amidst the difficulties of international regulation, and the lessons offered by risk regulation’s pre-existing “policy baggage.”

Rozenshtein sat down with Kaminski on the Lawfare Podcast to discuss her paper in Lawfare’s Digital Social Contract paper series, in which she argues that the emerging law of artificial intelligence is converging around risk regulation:

On the Lawfare Podcast, David Kris and Bryan Cunningham sat down with Chris Fonzone and Laura Galante of the Office of the Director of National Intelligence to discuss the pair’s careers, intra- and inter-agency issues in cyber policy and operations, the new National Cyber Security Strategy, and more:

Hannah Bloch-Wehba emphasized the utility of whistleblowing to illuminate critical issues in the technology industry. Bloch-Wehba discussed how the law protects whistleblowers and the normative effects of such disclosures.

Katherine Pompilio shared a livestream  in which the Justice Department announced the arrest of two individuals who allegedly operated a clandestine police station in New York on behalf of the Chinese government. Schmitz shared the associated press release. Schmitz also shared a press release from the Justice Department which outlined charges against 40 Chinese law enforcement officers for their participation in two transnational repression schemes.

John Emmons shared a Justice Department press release unveiling a Tampa grand jury's indictment of seven individuals in a multi-year Russian malign influence operation, and a criminal complaint in the District of Columbia against a woman charged with conspiring to act as an illegal foreign agent.

Schmitz shared a request from the Justice Department to the Office of Personnel Management for information about the agency’s registration of foreign agents and updated guidance in accordance with the Foreign Agents Registration Act.

Anderson sat down with Jean Lee and Geoff White on the Lawfare Podcast to discuss the second season of their podcast, The Lazarus Heist, what they learned about North Korea’s international objectives, and more:

In the latest installment of Lawfare’s Water Wars series, Alana Nance and Han-ah Sumner provided a roundup of maritime security developments in the Indo-Pacific, including AUKUS’s newly unveiled plans for Australia’s nuclear-powered submarine force, PRC protests to increased U.S.-Philippines defense cooperation, Taiwanese President Tsai Ing-wen’s meeting with House Speaker Kevin McCarthy, and more. 

On the Lawfare Podcast, Tyler McBrien sat down with Melissa Stewart to discuss how Vanuatu’s request for an advisory opinion of the International Court of Justice (ICJ) may shift obligations for states fighting against climate change, prior ICJ attempts to address environmental challenges, and more:

Antti Ruokonen discussed how mandatory military service is an asset to the Finnish armed forces, and predicted that the integration of Finland into NATO will strengthen the alliance’s overall resolve.

Mykhailo Soldatenko discussed how the Black Sea Grain Initiative’s design allows for bilateral cooperation between the warring countries, the nature of the agreement, and the future of the deal amid disputes about its extension period.

On Chatter, David Priess sat down with Denis Newiak to discuss his research and writing on the intersection of crises, film and TV, and modern humanity. Newiak’s recent book, “Preparing for the Global Blackout: A Disaster Guide from TV and Cinema” examines how fictional representations of blackouts demonstrate how modern life is made both safer and more precarious by technological advancements:

And Steve Slick announced a call for papers for the 2023 “Bobby R. Inman Award" for student scholarship on intelligence from the University of Texas at Austin.

And that was the week that was.