Lawfare

Straight-shooting information and analysis at the intersection of national security, law, and policy, published in cooperation with the Brookings Institution. This account is automated on the weekends.

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Last Notes

2024-09-27 21:08:11

Today the U.S. District Court for the D.C. unsealed an indictment charging 3 members of Iran's IRGC in connection with the alleged hack of the Trump campaign. Read the indictment, from Katherine Pompilio. https://www.lawfaremedia.org/article/indictment-of-alleged-iranian-hackers-of-trump-campaign-unsealed

2024-09-26 16:05:14

On Sept. 25, NYC Mayor Eric Adams was indicted by a federal grand jury on charges of wire fraud, solicitation of a contribution by a foreign national, bribery, & conspiracy. The indictment provides new details about his relationship with Turkey. Read it, from Katherine Pompilio. https://www.lawfaremedia.org/article/eric-adams-indictment-unsealed

2024-09-26 15:25:48

The Biden admin's compliance with laws restricting arms transfers on human rights or humanitarian grounds has been disputed by legislators, NGOs, and former gov't officials. John Ramming Chappell looks at why lawsuits to enforce restrictions have been unsuccessful. https://www.lawfaremedia.org/article/why-courts-don-t-enforce-arms-transfer-restrictions-under-u.s.-law

2024-09-24 20:13:53

Today Judge Chutkan granted the government's motion for leave to file an oversized motion for its presidential immunity motion due Thursday. Read the order on #DocketWatch: D.C., updated by Matt Gluck. https://www.lawfaremedia.org/current-projects/the-trump-trials/trump-prosecuted-in-the-district-of-columbia/docket-watch-trump-prosecuted-in-dc

2024-09-24 14:16:25

Chinmayi Sharma and Alan Rozenshtein describe the potential for effective AI oversight and examine the challenges executive agencies face, including political pressure & resource constraints, in a new article in our AI on Trial series with the Georgetown Institute for Technology Law and Policy. https://www.lawfaremedia.org/article/regulatory-approaches-to-ai-liability

2024-09-19 17:10:33

"[T]he greatest check on domestic military deployments may be Congress’s authority to fund them. Executive branch officials ignore these limitations at their peril."
Christopher Mirasola in Lawfare & Protect Democracy's series on domestic deployments. https://lawfaremedia.org/article/domestic-military-deployments-and-the-limitations-of-appropriations-law

2024-09-19 13:40:03

On today's Lawfare Daily, Tyler McBrien spoke to Kate Conger and Ryan Mac about their new book, “Character Limit: How Elon Musk Destroyed Twitter,” on Musk's purchase of Twitter, the platform’s troubled history of content moderation, and why the billionaire wanted it all for himself.
https://www.lawfaremedia.org/article/lawfare-daily---how-elon-musk-destroyed-twitter--with-kate-conger-and-ryan-mac
https://files.mastodon.social/media_attachments/files/113/164/493/596/284/378/original/f0b10c6630a803a4.mp4

2024-09-16 18:10:43

Today, the Justice Department charged Ryan Wesley Routh with two federal felony counts connected to his alleged assassination attempt against former President Trump. Read the criminal complaint and affidavit, from Ben Green. https://www.lawfaremedia.org/article/man-charged-in-second-alleged-assassination-attempt-of-former-president-trump

2024-09-16 17:40:09

As companies race to develop artificial general intelligence, Peter Salib and Simon Goldstein argue that the legal system granting AGI systems basic private law rights could prevent powerful systems from causing large-scale harm. https://www.lawfaremedia.org/article/ai-risk-and-the-law-of-agi

2024-09-16 15:01:05

"Early laws directed at catastrophic AI risk...are a small step in the right direction. The cautious, government-skeptical philosophy adopted by some pundits risks delaying meaningful restrictions on dangerous technologies until it is far too late," writes Matthew Tokson. https://www.lawfaremedia.org/article/uncertainty--catastrophic-risk--and-ai-regulation

2024-09-16 13:36:14

The United States doesn’t have to show up for its alliances, and in a second Trump term it might not. But “quiet quitting” NATO would undermine U.S. foreign policy, writes Kathleen McInnis in this week’s Foreign Policy Essay. https://www.lawfaremedia.org/article/trump-can-t-withdraw-from-nato--but-he-could--quiet-quit

2024-09-13 14:15:45

"[T]he conflation of cybersecurity and fundamental rights introduces a worrying mechanism, even if used infrequently, that would allow the adoption of corrective and restrictive measures up to the removal of products from the European Union"
Iain Nash and Pier Giorgio Chiara on the EU's Cyber Resilience Act. https://www.lawfaremedia.org/article/the-cyber-resilience-act--an-accidental-european-alien-torts-statute

2024-09-12 20:37:48

Today, the 2nd Circuit denied former President Trump's motion to stay his NY hush money case. The NY Court of Appeals also denied his request to end the gag order imposed by Justice Merchan. Find the docs on #DocketWatch: N.Y., updated by Katherine Pompilio. https://www.lawfaremedia.org/current-projects/the-trump-trials/new-york/docket-watch-trump-prosecuted-in-new-york

2024-09-12 19:19:38

It's the “Let's Understand How We Got Here” Edition!
In the debut episode of RatSec 2.1, Scott Anderson sat down with Kevin Frazier, Eugenia Lostri, and Benjamin Wittes to talk over the week’s big national security news, including enforcement actions by DOJ against Russian actors for spreading election misinformation and the Harris-Trump debate: https://www.lawfaremedia.org/article/rational-security--the--let's-understand-how-we-got-here--edition
https://files.mastodon.social/media_attachments/files/113/126/175/287/106/568/original/6b19ece66853d3a8.mp4

2024-09-12 18:18:54

"The Insurrection Act, if deployed without restraint, could ultimately transform a constitutional democracy into a police state patrolled by the U.S. military."
Laura Dickinson in the first essay in Lawfare and Protect Democracy's series. https://www.lawfaremedia.org/article/how-the-insurrection-act-(properly-understood)-limits-domestic-deployments-of-the-u.s.-military

2024-09-11 14:41:16

"Section 230 is a complex, confusingly worded statute with enormous policy stakes...Bringing the First Amendment into the mix simply muddles the picture, and courts should stop doing so."
Alan Rozenshtein on the 3rd Circuit's ruling in Anderson v. TikTok. https://www.lawfaremedia.org/article/section-230-isn-t-the-first-amendment-for-the-internet

2024-09-10 17:13:52

The ability to track the success of cybersecurity measures has become increasingly important as the executive branch implements mandatory regulations. Jason Healey offers 4 steps that can be used to assess the effectiveness of the policies. https://www.lawfaremedia.org/article/measuring-policy-effectiveness-of-cyber-defensibility-and-deterrence

2024-09-10 14:15:48

"Catastrophizing rhetoric may be appealing in judicial opinions and policy debates, but it makes it harder to enact evidence-based tech policy. "
Matt Perault on Justice Alito's statement in Moody v. NetChoice on the EU’s Digital Services Act.
https://www.lawfaremedia.org/article/samuel-alito-says-the-sky-isn-t-falling.-is-he-right

2024-09-09 17:39:57

Coverage of the US government’s busy week combating Russian operatives so far has examined these actions piecemeal. But taken together, they reveal a broad, interagency effort and a much different strategy than 2024, write Quinta Jurecic and Natalie Orpett. https://www.lawfaremedia.org/article/the-u.s.-government's-busy-week-combating-russian-operatives

2024-09-06 18:03:35

On Thursday Judge Tanya Chutkan held a status hearing in Trump's D.C. case, the first hearing in the case in almost a year. Anna Bower and Roger Parloff report on what happened in the courtroom, and what’s next: https://www.lawfaremedia.org/article/trump-s-d.c.-criminal-case-lurches-back-to-life

2024-09-06 17:15:12

On Aug. 30, a Brazilian Supreme Court Justice banned X from operating in the country. Emilio Peluso Neder Meyer and Thomas Bustamante explain what led Justice Moreas to suspend the company and what it means for Musk and for Brazil’s democracy. https://www.lawfaremedia.org/article/musk-s-x-banned-in-brazil

2024-09-05 21:14:06

Today Judge Chutkan filed an order, which, among other things, stays certain pretrial deadlines and sets filing deadlines— including for the gov't to file its opening brief on presidential immunity for Sept. 26. Find the order on #DocketWatch: D.C., updated by Matt Gluck. https://www.lawfaremedia.org/current-projects/the-trump-trials/trump-prosecuted-in-the-district-of-columbia/docket-watch-trump-prosecuted-in-dc

2024-09-05 20:51:07

On Sept. 5, the DOJ unsealed two indictments against a Virginia couple for violating U.S. sanctions imposed on Russia. Read the indictments from Katherine Pompilio. https://www.lawfaremedia.org/article/justice-dept.-indicts-couple-with-violating-u.s.-sanctions-on-russia

2024-09-05 20:50:13

Today a Maryland grand jury unsealed a superseding indictment against 5 Russian military intelligence (GRU) members and one civilian for conspiring to hack the Ukrainian gov't and its allies in the U.S. and Europe. Read the indictment, from Olivia Manes. https://www.lawfaremedia.org/article/maryland-grand-jury-charges-gru-members--civilian-in-ukraine-hack

2024-09-04 21:09:58

Today the Justice Dept. announced its seizure of internet domains used by the Russian govt to conduct foreign malign influence campaigns and the indictment of 2 RT employees in connection with election interference aimed at the 2024 U.S. elections. Read the affidavit, indictment and more from Katherine Pompilio. https://www.lawfaremedia.org/article/justice-dept.-disrupts-russian-influence-campaign--indicts-russian-nationals

2024-09-04 14:26:22

"June’s court-martial of a high-ranking Air Force leader exposes the vast potential for abuse of power that can facilitate military sexual assault."
Rachel VanLandingham on the impact of the military's new standard of affirmative consent. https://www.lawfaremedia.org/article/sex-and-consent-in-the-military

2024-09-03 21:52:34

Today, U.S. District Court Judge Hellerstein (SDNY) denied Trump's motion for leave to file removal papers in his NY hush money and election interference case. Read the order on #DocketWatch: NY, updated by Katherine Pompilio. https://www.lawfaremedia.org/current-projects/the-trump-trials/new-york/docket-watch-trump-prosecuted-in-new-york

2024-09-03 13:33:01

The United States should set a precedent that deters attacks on U.S. electoral campaigns, like the one carried out by Iranian hackers targeting the Trump campaign, writes Emily Harding in this week’s Foreign Policy Essay.
https://www.lawfaremedia.org/article/green-lights-and-red-lines--responding-to-iran-s-election-hacking

2024-08-30 17:39:39

Jim Dempsey looks at cybersecurity initiatives taken during the Biden and Trump admins, including two data-focused executive orders, actions from the Committee on Foreign Investment in the U.S., and the TikTok ban saga, in the first of a 2-part series. https://www.lawfaremedia.org/article/stitching-together-the-cybersecurity-patchwork-quilt--data

2024-08-30 14:38:14

On July 22, the Yemeni government entered into a special agreement with the Houthis to end a decade-long conflict. Saeed Bagheri examines the implications of special agreements for humanitarian law, including questions of legal validity and enforceability. https://www.lawfaremedia.org/article/the-houthi-yemen-special-agreement-and-international-humanitarian-law

2024-08-29 17:30:59

"Whether under existing federal law, or pursuant to the international legal obligations of the United States under the Geneva Conventions and other sources of binding international law, trafficking in the unlawful Israeli settlements in the OPT must be stopped," writes Gabor Rona. https://www.lawfaremedia.org/article/the-illegality-of-israeli-settlement-real-estate-sales

2024-08-28 14:45:30

[T]here is little reason for confidence that democracy and the rule of law will be respected this coming December if the Court is asked to rule in a manner that could affect who is inaugurated in January," warns Paul Smith in light of SCOTUS's presidential immunity decision. https://www.lawfaremedia.org/article/can-we-count-on-the-court-if-democracy-is-at-stake

2024-08-27 20:16:36

Today, Special Counsel Jack Smith filed a superseding indictment against former President Trump in the 2020 election interference case following the SCOTUS immunity opinion. Read the document on #DocketWatch: D.C., updated by Matt Gluck. https://www.lawfaremedia.org/current-projects/the-trump-trials/trump-prosecuted-in-the-district-of-columbia/docket-watch-trump-prosecuted-in-dc

2024-08-27 15:17:18

"Meaningfully regulating AI over industry objections was always going to be a tall order, but by training their sights on each other, AI doomers and ethicists are helping clear the field for tech lobbyists," argue Zachary Arnold and Helen Toner. https://www.lawfaremedia.org/article/ai-regulation-s-champions-can-seize-common-ground-or-be-swept-aside

2024-08-26 19:47:43

Today, Special Counsel Jack Smith filed his opening brief in his appeal of Judge Cannon's order dismissing the classified documents indictment against former President Trump. Read the filing on #DocketWatch: Mar-a-Lago, updated by Anna Hickey. https://www.lawfaremedia.org/current-projects/the-trump-trials/trump-prosecuted-in-the-southern-district-of-florida/docket-watch-trump-prosecuted-in-the-southern-district-of-florida

2024-08-26 14:10:23

On Today's Lawfare Daily, Eugenia Lostri talked to Esteban Carisimo to talk about the digital repression in Venezuela after the recent elections, how internet censorship impacts the protests, and more. https://www.lawfaremedia.org/article/lawfare-daily--how-internet-infrastructure-affects-digital-repression-in-venezuela
https://files.mastodon.social/media_attachments/files/113/028/713/758/789/726/original/fe3cdf0b2e19c36c.mp4

2024-08-20 14:24:35

Solon Solomon analyzes the recent ICJ Israel-Palestine advisory opinion and finds that it leaves "aspects of history, geopolitics and security, and international relations in a gray zone," showing the limitations of international courts. https://www.lawfaremedia.org/article/the-limits-of-the-icj-advisory-opinion-on-israel-s-occupation-and-the-west-bank

2024-08-19 14:08:03

On today's Lawfare Daily, Stephanie Pell talked with Eugenia Lostri and Justin Sherman about their paper on the meaning of security by design, scalability solutions and processes for implementing security by design principles, and more as part of Lawfare’s Security by Design Project.
https://www.lawfaretmedia.org/article/lawfare-daily--eugenia-lostri-and-justin-sherman-on-security-by-design-in-practice
https://files.mastodon.social/media_attachments/files/112/989/048/989/515/396/original/655e64e60913c8f9.mp4

2024-08-16 15:06:52

On today's Lawfare Daily, Natalie Orpett spoke to Tara Varma about the French elections this summer, why the far-right came in first in the first round of voting and third in the second round, and what it will mean for France, Europe, NATO, and France's standing on the world stage. https://www.lawfaremedia.org/article/lawfare-daily--the-fallout-from-the-french-elections
https://files.mastodon.social/media_attachments/files/112/972/314/967/775/690/original/83783ff18ab14e7d.mp4

2024-08-16 13:45:50

This week's Seriously Risky Business looks at the hack of the Trump campaign reportedly by Iran, a U.S. federal court's ruling that geofence warrants are unconstitutional, the UN's first cybercrime treaty & more. Read the weekly newsletter by Tom Uren: https://www.lawfaremedia.org/article/fool-me-once-irans-hack-and-leak-falls-flat

2024-08-15 15:52:03

On Aug. 6, Ukraine launched an offensive into Kursk Oblast in Russian territory. Anastasiia Lapatina looks at why the Kursk attack is different from other Ukrainian cross-border incursions, what the potential goals of the attack are, and global reactions. https://www.lawfaremedia.org/article/six-observations-and-open-questions-on-ukraine-s-kursk-operation

2024-08-15 14:40:30

"Many of the systems and institutions that will now be tested in responding to the Iran hack were developed, or became substantially more sophisticated, in response to the chaos of 2016."
Quinta Jurecic on the Trump campaign hack. https://www.lawfaremedia.org/article/the-hacking-of-the-trump-campaign-is-2016-all-over-again

2024-08-14 17:14:58

In May, the emir of Kuwait suspended the nation's parliament, one of the few Middle Eastern legislative bodies with real power. Aaron Arnett explores what led to the dissolution and how the U.S. should respond to stop this democratic backsliding. https://www.lawfaremedia.org/article/the-united-states-should-not-ignore-kuwait-s-democratic-backslide

2024-08-14 16:05:45

Tomorrow at 4 p.m. ET, watch Benjamin Wittes, Roger Parloff, and Anna Bower discuss Justice Merchan's denial of Trump's motion for his recusal, Judge Chutkan's order granting the gov't's motion for extension of time, and more on this week's Trump's Trials and Tribulations. https://www.lawfaremedia.org/article/lawfare-live--trump's-trials-and-tribulations--aug.-15

2024-08-14 14:26:16

Last week the Fifth Circuit ruled that the Fourth Amendment does not allow courts to issue warrants for geofence records. Orin Kerr explains why this ruling conflicts with the precedent on gov't access to location data and should be overturned. https://www.lawfaremedia.org/article/the-fifth-circuit-shuts-down-geofence-warrants-and-maybe-a-lot-more

2024-08-12 14:13:35

On today's Lawfare Daily, Benjamin Wittes spoke to Katie Moussouris about bug bounties, their role in cybersecurity, what thy are good, and not good, for, and more. https://www.lawfaremedia.org/article/lawfare-daily--katie-moussouris-on-bug-bounties
https://files.mastodon.social/media_attachments/files/112/949/409/450/942/226/original/a581085b06fe37dd.mp4

2024-08-08 20:56:03

Rose Lewis and David Lamb describe Mexico’s lawsuit against American gunmakers over the flow of illegal guns from the U.S., the First Circuit's ruling that the companies could be sued, and the suit's implications for gun manufacturers’ liability. https://www.lawfaremedia.org/article/first-circuit-highlights-role-of-u.s.-gunmakers-in-border-crisis

2024-08-08 19:03:52

In 1 hour, join Benjamin Wittes, Anna Bower, and Roger Parloff for a discussion of what has been going on in all of the Trump trials, including checking in on what Judge Chutkan has been up to in the D.C. case. https://www.youtube.com/live/TKrJIRbavN0?feature=shared

2024-08-08 15:53:39

Does a service member violate the Uniform Code of Military Justice by disobeying a direct lawful order from the president or secretary of defense? Maybe not. Dan Maurer examines the gap in UCMJ coverage for civilian orders. https://www.lawfaremedia.org/article/norm-defying-military-disobedience-in-a-norm-defying-presidency--what-role-does-the-ucmj-play

2024-08-06 15:15:33

On July 31, the DHS IG released a report on the Secret Service's handling of the Jan. 6, 2021 attack on the U.S. Capitol, finding that it did not anticipate the level of violence that occurred and emphasized the need for improved security measures. Read the report, from Julien Berman.
https://www.lawfaremedia.org/article/dept.-of-homeland-security-oig-releases-report-on-secret-service-s-response-to-jan.-6-attack-on-the-u.s.-capitol

2024-08-06 15:04:56

Gabriel Weil argues that tort law "directly addresses the core market failure associated with AI—that training and deploying advanced AI systems risks harm, including catastrophic harm, that the AI developers have inadequate incentives to account for." https://www.lawfaremedia.org/article/tort-law-should-be-the-centerpiece-of-ai-governance

2024-08-06 13:41:59

On today's Lawfare Daily, Tyler McBrien talked to Kavitha Chekuru, Emily Tripp, Samaneh Moafi, and Lawrence Abu Hamdan about the documentary, “The Night Won’t End” which profiles three Palestinian families as they try to survive the war in Gaza.
https://www.lawfaremedia.org/article/lawfare-daily--a-new-documentary-on-surviving-the-war-in-gaza
https://files.mastodon.social/media_attachments/files/112/915/357/651/813/999/original/b5f9ccfc466f97ff.mp4

2024-08-05 15:02:09

Following the Supreme Court's presidential immunity decision, Donald Trump moved to vacate his New York hush money conviction. Roger Parloff looks at whether Trump's arguments have any merit to them and what DA Alvin Bragg's response has been. https://www.lawfaremedia.org/article/a-close-look-at-trump-s-immunity-objections-to-his-n.y.-convictions

2024-08-02 19:01:19

Today the Supreme Court sent its immunity ruling in Trump v. U.S. to the D.C. Circuit, which then remanded the case back to Judge Chutkan's courtroom. Find the orders on #DocketWatch: D.C., updated by Anna Hickey and Katherine Pompilio. https://www.lawfaremedia.org/current-projects/the-trump-trials/trump-prosecuted-in-the-district-of-columbia/docket-watch-trump-prosecuted-in-dc

2024-08-02 18:13:05

The Justice Dept. IG found that the former U.S. attorney for the middle district of PA violated DOJ policy by releasing info about an ongoing investigation into election fraud in Sept. 2020. Read the report from Matthew Gluck. https://www.lawfaremedia.org/article/justice-department-oig-releases-report-on-public-statements-during-election-fraud-investigation

2024-08-02 17:35:28

On July 31, the Justice Dept. IG published a report on its response to the Lafayette Square protests in May and June 2020, finding that former AG Barr did not personally issue the order to clear protesters. Read the report from Julien Berman. https://www.lawfaremedia.org/article/justice-dept.-oig-releases-report-on-agency-s-response-to-2020-d.c.-protests

2024-08-02 16:35:12

This week's Seriously Risky Business looks at reports on how foreign actors may target the U.S. presidential election, Meta's takedown of over 60,000 accounts targeting people with financial sextortion, and more. Read the newsletter by Tom Uren: https://www.lawfaremedia.org/article/when-israeli-national-security-trumps-u.s

2024-08-01 19:16:08

Today, Trump filed another reply brief in support of his motion to vacate his conviction in New York following SCOTUS's presidential immunity decision. Find the motion on #DocketWatch: New York, updated by Katherine Pompilio. https://www.lawfaremedia.org/current-projects/the-trump-trials/new-york/docket-watch-trump-prosecuted-in-new-york

2024-08-01 14:22:14

Japan and the Philippines signed a defense pact, Australia, Japan, New Zealand, and South Korea (the IP-4 countries) attended the NATO summit, and more in the latest installment of “Water Wars," by Aaron Braum, Nikhita Salgame, and Ania Zolyniak. https://www.lawfaremedia.org/article/water-wars--glimmers-of-hope-alongside-further-tensions-in-the-indo-pacific

2024-08-01 13:35:13

On today's Lawfare Daily, Anastasiia Lapatina spoke to Marcel Plichta about Ukraine’s ongoing drone campaign against Russia, Ukraine’s choice of targets deep inside Russian territory, and the future of drone warfare around the world. https://www.lawfaremedia.org/article/lawfare-daily--inside-ukraine-s-drone-campaign-against-russia
https://files.mastodon.social/media_attachments/files/112/887/020/329/473/023/original/604b606a203faf75.mp4

2024-07-31 19:18:14

Tomorrow at 4 pm ET, join Benjamin Wittes, Anna Bower, and Roger Parloff for this week's Trump's Trials and Tribulations where they will discuss Mark Meadows' petition for a writ of cert in his removal appeal in the GA election interference case and more. https://www.lawfaremedia.org/article/lawfare-live--trump's-trials-and-tribulations--aug.-1

2024-07-31 15:00:13

“Prosecutors should be empowered to take full advantage of the U.S. Code and its breadth beyond FARA to put the courts to work and prospective foreign agents, principals, and governments—including U.S. allies—on notice that even if some U.S. citizens and officials can be bought, they and their benefactors will pay a high price," writes Ania Zolyniak. https://www.lawfaremedia.org/article/throwing-the-book-at-foreign-influence--the-menendez-verdict-and-going-beyond-fara

2024-07-30 14:27:36

Hannah Fried, Nicholas Martinez, and Norm Eisen warn of the dangers to democracy of increasingly common "election re-dos.” https://www.lawfaremedia.org/article/election-redos-are-a-big-problem-for-voter-rights-and-democracy

2024-07-29 20:13:32

There is less than one week left to apply to be Lawfare’s *paid* fall intern. Find details on the job and instructions on how to apply here by August 4: https://www.lawfaremedia.org/resources/lawfare-news/intern-with-lawfare-fall2024

2024-07-29 17:59:46

"Russia’s strategy is to keep the families of captured Ukrainian soldiers and civilians in a state of constant terror and uncertainty in order to turn Ukrainians against their government," writes Oksana Kuzan. https://www.lawfaremedia.org/article/russia-s-weaponization-of-ukrainian-prisoner-exchanges

2024-07-29 16:50:39

Today, Mark Meadows filed a petition for a writ of cert at the Supreme Court, seeking to move his Fulton County election interference case to federal court. Read the filing on #DocketWatch: Fulton County, updated by Anna Hickey. https://www.lawfaremedia.org/current-projects/the-trump-trials/trump-prosecuted-in-fulton-county/docket-watch-trump-prosecuted-in-fulton-county

2024-07-29 14:59:43

"Separation of powers theories converge to cast the future of the rules into uncertainty: presidential immunity in one case, congressional authority in the second."
Bob Bauer looks at how Judge Cannon and SCOTUS are undercutting special counsel rules.
https://www.lawfaremedia.org/article/hit-hard-from-two-sides--the-special-counsel-rules-after-the-supreme-court-immunity-and-cannon-classified-documents-decisions

2024-07-29 14:02:06

On Lawfare Daily, Natalie Orpett talked to Benjamin Wittes and Anna Bower about their recent article on a specific issue buried in SCOTUS's presidential immunity decision: what evidence the prosecution can use—and what it can't—to prove its case. https://www.lawfaremedia.org/article/lawfare-daily--what-s-going-on-in-footnote-3
https://files.mastodon.social/media_attachments/files/112/870/140/846/878/447/original/c60775265515b13a.mp4

2024-07-29 13:32:47

Newly released documents provide a glimpse of life under the Islamic State’s rule. Daniel Milton explains what we can learn from complaint forms recovered from the terrorist proto-state in this week’s Foreign Policy Essay.
https://www.lawfaremedia.org/article/filing-a-complaint-in-the-islamic-state

2024-07-26 15:06:56

This week's Seriously Risky Business looks at how the Cyber Safety Review Board should investigate the CrowdStrike incident, the fragmenting of the ransomware ecosystem, Russian malware attacks against Ukraine, and more. Read the weekly newsletter by Tom Uren: https://www.lawfaremedia.org/article/how-chinese-illegal-gambling-infiltrates-european-football

2024-07-26 14:20:41

"Moody will likely have wider-ranging effects than just putting Silicon Valley at a worse litigating posture...it may also serve to advance First Amendment doctrine itself."
Kyle Langvardt and Alan Rozenshtein on SCOTUS's Moody v. NetChoice decision. https://www.lawfaremedia.org/article/moody-v.-netchoice-is-a-blow-to-silicon-valley-s-litigation-strategy

2024-07-25 20:49:09

Today Manhattan DA Alvin Bragg filed a motion opposing former President Trump's motion to vacate the New York hush money conviction under SCOTUS's presidential immunity decision. Read the motion on #DocketWatch: New York, updated by Katherine Pompilio. https://www.lawfaremedia.org/current-projects/the-trump-trials/new-york/docket-watch-trump-prosecuted-in-new-york

2024-07-25 13:31:12

Does de-platforming users who promote misinformation actually prevent the spread of untruths?
On Lawfare Daily, Quinta Jurecic spoke to David Lazer and Kevin Esterling about their recent paper on de-platforming, their findings, and more. https://www.lawfaremedia.org/article/lawfare-daily--deplatforming-works--with-david-lazer-and-kevin-esterling
https://files.mastodon.social/media_attachments/files/112/847/363/961/856/305/original/343c965ece8ee567.mp4

2024-07-24 18:12:48

Ania Zolyniak argues that to address the continued threat that piracy poses, the Supreme Court should overrule the assertion in U.S. v. Smith that piracy "requires robbery on the high seas," and Congress should update current piracy law. https://www.lawfaremedia.org/article/what-makes-a-pirate--updating-u.s.-piracy-law-to-address-an-age-old-scourge

2024-07-23 21:06:32

Anna Bower and Benjamin Wittes take a close read of footnote 3 in the Supreme Court's presidential immunity decision to understand how Jack Smith may exploit loopholes in how the Court understands official acts on remand. https://www.lawfaremedia.org/article/what-s-going-on-in-footnote-3

2024-07-23 14:46:58

"[B]y describing his frustrations as a salesman, Brill sheds valuable light on the inner workings of Silicon Valley and its malign effects on politics, public health policy, and society at large."
Paul M. Barrett reviews Steven Brill's "The Death of Truth." https://www.lawfaremedia.org/article/a-salesman-s-guide-to-the-scourge-of-misinformation

2024-07-22 18:53:04

"Physical climate disruptions are giving state and non-state actors avenues to malign marginalized communities and foreign adversaries, including through mis- and disinformation."
Tom Ellison on the risks of climate misinformation. https://www.lawfaremedia.org/article/climate-misinformation-is-about-more-than-denialism

2024-07-19 18:15:55

Larry D. Johnson critiques the proposal to place post-war Gaza under UN trusteeship and proposes using an international transitional authority (ITA) instead. https://www.lawfaremedia.org/article/should-the-united-nations-administer-post-conflict-gaza

2024-07-19 16:50:44

Today the ICJ delivered its advisory opinion on Israel’s actions in Occupied Palestinian Territories, concluding that Israel’s occupation and settlement policies violate international law and the occupation should be ended as soon as possible. Read the opinion, from Julien Berman. https://www.lawfaremedia.org/article/icj-issues-advisory-opinion-on-israeli-settlement-in-occupied-palestinian-territories

2024-07-18 17:01:27

In 1 hour, watch Benjamin Wittes, Anna Bower, and Roger Parloff discuss Judge Cannon's order dismissing the classified documents case, Jack Smith's notice of appeal of the order, and more on this week's Trump's Trials and Tribulations. https://youtube.com/live/A0zJ5kiIr98?feature=share

2024-07-18 14:36:33

"Saddam was nearly Nixonian in his tendency to self-record, and Coll’s use of those tapes and related materials pays off in the firsthand insights into Saddam’s thinking they provide."
Preston Marquis reviews “The Achilles Trap: Saddam Hussein, the CIA and the Origins of America’s Invasion of Iraq," by Steve Coll. https://www.lawfaremedia.org/article/when-aiming-for-your-adversary-s-achilles-heel-may-lead-to-shooting-yourself-in-the-foot

2024-07-17 20:07:15

Today Special Counsel Jack Smith filed a notice of appeal of Judge Cannon's order dismissing the classified documents case against former President Trump. Find the order on #DocketWatch: Mar-a-Lago. https://www.lawfaremedia.org/current-projects/the-trump-trials/trump-prosecuted-in-the-southern-district-of-florida/docket-watch-trump-prosecuted-in-the-southern-district-of-florida

2024-07-17 15:26:37

Yesterday, the Georgia Court of Appeals granted Trump's request for oral arguments for Dec. 5 in his appeal of Judge McAfee's order keeping DA Fani Willis on the Fulton County case. Find the order on #DocketWatch: Fulton County, updated by Anna Hickey. https://www.lawfaremedia.org/current-projects/the-trump-trials/trump-prosecuted-in-fulton-county/docket-watch-trump-prosecuted-in-fulton-county

2024-07-16 17:16:10

Earlier this year, President Biden signed a $62 billion Ukraine aid package passed by Congress after months of debate. Anastasiia Lapatina looks at where the aid actually goes and what the delay meant for Ukrainian military objectives. https://www.lawfaremedia.org/article/how-america-s-aid-to-ukraine-actually-works

2024-07-16 15:01:26

"It’s a platform designed to advance signature Trump policies but give just enough acknowledgement of traditional conservatism to hopefully lure voters he needs beyond the base."
Kori Schake looks at what is in the 2024 Republican party platform. https://www.lawfaremedia.org/article/what-does-the-2024-rnc-platform-say-about-national-security

2024-07-16 13:43:00

On today's Lawfare Daily, Benjamin Wittes spoke to Anna Bower, Quinta Jurecic, Alan Rozenshtein, Natalie Orpett, and Michel Paradis about Judge Cannon's order granting Trump's motion to dismiss the classified documents case, what Jack Smith may do now, and more.
https://www.lawfaremedia.org/article/lawfare-daily--judge-cannon-dismisses-classified-documents-case-against-trump
https://files.mastodon.social/media_attachments/files/112/796/455/650/238/975/original/a60258bb13be0368.mp4

2024-07-15 20:05:44

“The assassination attempt of former President Donald Trump on Saturday was not a surprise to anyone paying attention,” writes Seamus Hughes. “Threats against public officials have been steadily rising for some time."
https://www.lawfaremedia.org/article/we-should-have-seen-the-attempted-assassination-coming

2024-07-15 15:45:07

At 3pm ET today, Benjamin Wittes, Natalie Orpett, Anna Bower, Alan Rozenshtein, Quinta Jurecic, and Michel Paradis will discuss Judge Cannon's order dismissing the classified documents case against Trump, what Jack Smith might do next, and more in a live podcast recording. https://www.lawfaremedia.org/article/lawfare-live--judge-cannon-dismisses-classified-documents-case-against-former-president-trump

2024-07-15 14:38:27

Today Judge Cannon granted former President Trump's motion to dismiss the classified documents case citing the unlawful appointment of Special Counsel Jack Smith under the Appointments Clause. Read the opinion, from Katherine Pompilio. https://www.lawfaremedia.org/article/judge-cannon-dismisses-trump-classified-documents-case

2024-07-12 16:08:16

"Roberts is arguing that Trump must be divorced from the presidency as a whole and that the Court should consider only the institution in its ruling, whereas Sotomayor demands that the institution be placed in context of the man," writes Quinta Jurecic. https://www.lawfaremedia.org/article/how-the-'muslim-ban'-case-foreshadowed-trump-v.-united-states

2024-07-12 13:40:24

On today's Lawfare Daily, Alan Rozenshtein and Molly Reynolds spoke to Bridget Dooling and Nicholas Bednar about the Supreme Court's Loper Bright decision, which overruled the Chevron doctrine that required courts to defer to executive agencies on interpretations of their statutes. https://www.lawfaremedia.org/article/lawfare-daily--the-supreme-court-takes-the-bait--loper-bright-and-the-future-of-chevron-deference
https://files.mastodon.social/media_attachments/files/112/773/795/814/306/607/original/ce0bc1128d07ea3f.mp4

2024-07-11 22:34:19

Today, former President Trump filed a motion to dismiss the NY hush money indictment and vacate the jury's guilty verdict based on SCOTUS's decision on presidential immunity. Find the motion on #DocketWatch: New York, updated regularly by Katherine Pompilio. https://www.lawfaremedia.org/current-projects/the-trump-trials/new-york/docket-watch-trump-prosecuted-in-new-york

2024-07-11 18:10:11

"It was critical, then, that the Court decide the case in keeping with foundational principles of our constitutional system, especially the separation of powers...It did not live up to that task."
Trevor Morrison on SCOTUS's immunity decision. https://www.lawfaremedia.org/article/a-rule-for-the-ages--or-a-rule-for-trump

2024-07-11 14:17:28

"[I]n the wake of Trump v. United States, this is what the future may hold: no federal investigations or prosecutions of presidents while in office. "
Bob Bauer on how the SCOTUS immunity decision will impact future special counsel investigations.
https://www.lawfaremedia.org/article/goodbye-to-special-counsel-investigations-of-incumbent-presidents

2024-07-10 17:34:42

Gary McGraw, Dan Geer, and Harold Figueroa explain the concept of data feudalism and look at the risks of the consolidation of training data for language learning models by a handful of digital companies.
https://www.lawfaremedia.org/article/why-the-data-ocean-is-being-sectioned-off

2024-07-02 15:28:57

The Supreme Court handed down a 6-3 decision in Trump v. United States, affording to former presidents absolute immunity for “core” executive functions, presumptive immunity for non-core official functions, and no immunity for unofficial conduct. @hyeminjhan, @katherinepomps, and @matthew_gluck broke down the Court’s opinions.
https://www.lawfaremedia.org/article/the-supreme-court-s-presidential-immunity-decision

2024-07-01 14:58:58

Today, SCOTUS rules that presidents have absolute immunity from criminal prosecution for official acts, but did not rule whether the acts he was charged with in the D.C. indictment were official, sending the case back to the district court for further fact-finding. Read the order, from @hyeminjhan. https://www.lawfaremedia.org/article/the-supreme-court-rules-on-presidential-immunity

2024-06-28 15:25:00

Today, the Supreme Court narrows the use of 18 U.S.C. § 1512(c), an obstruction charge, in its application to hundreds of Jan. 6 defendants, including former President Trump, in Fischer v. U.S. Read the order, from Katherine Pompilio. https://www.lawfaremedia.org/article/supreme-court-rules-in-fischer-v.-u.s

2024-06-28 13:38:53

This week's Seriously Risky Business looks at the U.S. government banning the Russian cybersecurity company Kaspersky, a ransomware attack against U.S. car dealerships, Julian Assange's plea deal, and more. Read the weekly newsletter by Tom Uren: https://lawfaremedia.org/article/kaspersky-finally-evicted-from-the-us

2024-06-27 18:20:33

"Senior officials are human, busy and biased as all humans are. It often falls to junior officers to make them listen."
Emily Harding breaks down recent revelations of Israeli intelligence failures in the lead-up to the Oct. 7 attacks.
https://www.lawfaremedia.org/article/israeli-intelligence-misses-again