The Week That Was

The Week That Was: All of Lawfare in One Post

By Lev Sugarman
Saturday, February 9, 2019, 8:37 AM

Acting Attorney General Matthew Whitaker testified before the House Judiciary Committee on Friday, following protracted negotiations between the Justice Department and Committee Chairman Jerrold Nadler. Mikhaila Fogel shared the correspondence, in which Whitaker threatened to skip the hearing if Nadler refused to rule out issuing a subpoena, and the livestream of the hearing itself, which involved extensive questioning regarding Whitaker’s oversight of the Mueller investigation.

Following his previous post on the topic, Chuck Rosenberg dove deeper into the FBI tactics on display during Roger Stones arrest in Florida. And he also read the article on an episode of the Lawfare Podcast Shorts:

Sasha Romanosky proposed a scoring framework for governments deciding how to reveal software vulnerabilities without endangering national security equities. Ariel E. Levite and Wyatt Hoffman analyzed the ability of insurance to guard against cyber-related risk. And Jen Patja Howell shared an episode of the Lawfare Podcast, featuring a conversation between Jack Goldsmith and authors Herb Lin and Amy Zegart on their new volume on offensive cyber strategy:

Robert Chesney announced U.S. Cyber Command’s sixth annual legal conference, this year covering cyberspace superiority, which will be held on March 4-7.

Stewart Baker shared a new edition of The Cyberlaw Podcast featuring discussion of UAE cyber mercenaries, the FaceTime bug and more:

In U.S.-China news, Rachel Brown and Preston Lim unpacked the Justice Department indictments of Huawei for the biweekly Sinotech series. Clark Packard analyzed the effectiveness of new Trump administration tariffs against China. And in the latest installment of Water Wars, Nathan Swire discussed recent maritime developments in the Asia-Pacific region.

President Donald Trump delivered his second State of the Union address on Tuesday. Lev Sugarman shared the portions discussing national security issues.

Jen Patja Howell shared an episode of Rational Security in which Tamara Cofman Wittes, Shane Harris, Susan Hennessey and Benjamin Wittes discussed the State of the Union, among other topics:

In foreign policy, Ariel I. Ahram examined the Yemen ceasefire agreement and its implications for the other ongoing conflicts there. Ashley Deeks unpacked the constitutional implications if Congress attempted to restrict Trump’s planned withdrawals of U.S. forces from Afghanistan and Syria. Jen Patja Howell shared an episode of The Lawfare Podcast in which Jack Goldsmith discussed Trump’s effect on the liberal international order with Yale professor Samuel Moyn:

In terrorism prosecutions, Sarah Grant summarized recent military commission pretrial proceedings, and Patrick McDonnell summarized oral argument before the D.C. Circuit in the Qassim v. Trump case. Robert Chesney and Steve Vladeck shared a new episode of The National Security Law Podcast, featuring discussion of recent material support cases, Guantanamo litigation, and other topics.

Jean Galbraith and Benjamin Schwartz reflected on Justice Department “views letters” and what they suggest for the Trump administration’s use of executive powers.

Quinta Jurecic discussed Amazon CEO Jeff Bezos’s sextortion accusations against the National Enquirer.

Andrew Patterson explored the Department of Homeland Security’s new “Remain in Mexico” plan on non-refoulement compliance.

And that was the week that was.