Today's Headlines and Commentary

Scott Harman, William Ford
Wednesday, January 2, 2019, 2:37 PM

The New York Times reports that Customs and Border Patrol officers fired tear gas into Mexico in an attempt to push back approximately 150 migrants who were reportedly attempting to cross the U.S.-Mexico border near San Diego. A similar incident occurred in late November.

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The New York Times reports that Customs and Border Patrol officers fired tear gas into Mexico in an attempt to push back approximately 150 migrants who were reportedly attempting to cross the U.S.-Mexico border near San Diego. A similar incident occurred in late November.

Acting Secretary of Defense Pat Shanahan has assumed control of the Pentagon from departing Secretary Mattis and vowed to carry out President Trump’s goals for the military, according to the Wall Street Journal.

At least 21 Afghan Security Forces were killed and another 23 were injured in simultaneous Taliban raids in and around the provincial capital city of Sar-e-Pul, says AFP.

By exploiting Twitter’s previous policy of not requiring email confirmation, abandoned Twitter accounts are reportedly being hijacked to spread Islamic State propaganda. Although Twitter now requires email confirmation for account creation, many existing accounts have not been required to comply. TechCrunch has more.

President Trump will meet with congressional leadership from both parties to discuss border security as the government shutdown enters its 12th day, says the Washington Post.

North Korean Leader Kim Jong Un announced that his regime has ceased production of nuclear weapons, in what the Journal calls a gesture of good faith designed to reopen talks with the Trump administration.

Chinese President Xi Jinping stated Wednesday that China seeks “peaceful unification” with Taiwan, but qualified that the threat of military action remains on the table, the Post reports. Xi also offered a thinly veiled warning to the Trump administration, which supports the government in Taipei, calling foreign interference “intolerable.”

ICYMI: Last Week on Lawfare

Jen Patja Powell shared the latest episode of the Lawfare Podcast, in which the Lawfare crew answered questions from readers to close out the year.

Jack Goldsmith and Robert Williams argued that the Justice Department’s strategy of indicting malicious actors in the cyber arena may be ineffective and imprudent.

Lorenzo Vidino discussed the recent drop in jihadist attacks in the West and how to employ lessons learned about combating extremism in 2019.

Jason Healey, Patricia Mosser, Katheryn Rosen and Alexander Wortman laid out why the interconnectedness of systems suggests future cybersecurity events will affect the financial stability of world markets.

Nathan Swire summarized the latest news, analysis and opinions related to ongoing tensions in the South and East China Seas in the latest installment of the Water Wars series.

Quinta Jurecic shared Reps. Bob Goodlatte and Trey Gowdy's letter about their respective committees’ investigations into the FBI and the Justice Department.

Nele Achten examined the purpose, successes and criticisms of the Network Enforcement Act, Germany’s foray into regulating social media, since it was passed one year ago.

Susan Landau discussed the the six principles Ian Levy and Crispin Robinson laid out in their piece “Principles for a More Informed Exceptional Access Debate” and their utility under U.S. law. Landau argues that, although Levy and Robinson’s principles are a helpful starting point, their applicability to the United States is limited.

Alan Z. Rozenshtein laid out the argument he makes in his forthcoming piece in the Yale Law Journal Forum, “Fourth Amendment Reasonableness After Carpenter.”

Daniel Hemel and Eric Posner explained why the memo Bill Barr drafted for President Trump before being nominated to be Attorney General is poorly reasoned and defenders of the memo are mistaken.


Scott Harman is a student at University of Virginia School of Law, where he focuses on national security and cybersecurity law. In 2015, he graduated from McGill University with a B.A. in Honors Political Science with a focus on American government.
William Ford is an impact associate at Protect Democracy. He previously was an appellate litigation fellow in the New York Attorney General's Office and a research intern at Lawfare. He holds a bachelor's degree with honors from the College of the Holy Cross.

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