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The Week That Was: All of Lawfare in One Post

Lev Sugarman

Saturday, April 13, 2019, 12:17 PM

Testifying before a House budget hearing, Attorney General Bill Barr said he expects to release Special Counsel Robert Mueller’s partially-redacted report in the near future. Quinta Jurecic and Benjamin Wittes suggested nine ways the press can best cover the report upon its release.

Lev Sugarman

@levsugarman

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Referencing the genesis of the FBI counterintelligence investigation into figures associated with President Donald Trump’s 2016 campaign, Barr said in subsequent Senate testimony that he believed “spying” had occurred, later walking back his comments. Wittes <a /articles>responded</a> to Barr’s comments, writing “they were at once indecipherable and contentless, on the one hand, and incendiary, on the other hand.” Lev Sugarman shared livestreams of Barr’s testimony before the <a /articles>House</a> and <a /articles>Senate</a> appropriations committees. And Matthew Kahn <a /articles>shared</a> a Lawfare Podcast: Bonus Edition featuring Susan Hennessey’s interview of former FBI Director James Comey, which dealt with Barr’s comments before turning to cybersecurity, encryption, China, and more. <iframe width="100%" webkitallowfullscreen="" style="border: none" src="//html5-player.libsyn.com/embed/episode/id/9360449/height/90/theme/custom/thumbnail/yes/direction/backward/render-playlist/no/custom-color/87A93A/" scrolling="no" oallowfullscreen="" msallowfullscreen="" mozallowfullscreen="" height="90" allowfullscreen=""/> Amid discussion over the redaction of grand jury material from the public version of the report, Jeremy Gordon <a /articles>analyzed</a> the D.C. Circuit’s timely decision in McKeever v. Barr, ruling that district courts do not have the inherent authority to publicly release grand jury material. Stephen Bates <a /articles>discussed</a> the effects McKeever could have for historians, journalists and Congress. This week in immigration policy, a federal judge enjoined the Trump administration’s “Remain in Mexico” policy requiring non-Mexican asylum seekers to return to Mexico while their proceedings are processed in the U.S. Sugarman <a /articles>shared</a> the opinion in full, and Andrew Patterson <a /articles>unpacked</a> the decision and explained where the litigation currently stands. In other immigration news, Trump dismissed multiple senior Department of Homeland Security officials in charge of immigration policy. Steve Vladeck <a /articles>assessed</a> the departures in light of the Federal Vacancies Reform Act. And Jen Patja Howell <a /articles>shared</a> an episode of Rational Security in which Scott Anderson, Shane Harris, Susan Hennessey and Benjamin Wittes discussed the tumult at DHS, the designation of Iran’s Islamic Revolutionary Guard Corp as a terrorist organization and more: <iframe width="100%" webkitallowfullscreen="" style="border: none" src="//html5-player.libsyn.com/embed/episode/id/9344231/height/90/theme/custom/thumbnail/yes/direction/backward/render-playlist/no/custom-color/87A93A/" scrolling="no" oallowfullscreen="" msallowfullscreen="" mozallowfullscreen="" height="90" allowfullscreen=""/> Caitlyn Yates <a /articles>wrote</a> on the U.S. cooperation with Panama on immigration enforcement. Shibley Telhami and Stella M. Rouse <a /articles>reflected on</a> public opinion data on Americans’ views of family separations at the border. And Jessica Zhang <a /articles>analyzed</a> the Sixth Circuit’s decision in Hamama v. Adducci on the availability of habeas relief for immigrants challenging their final orders of removal. Moving to foreign policy, Sama’a Al-Hamdani <a /articles>wrote</a> for the Foreign Policy Essay on the Houthi faction fighting in Yemen. Todd Carney <a /articles>considered</a> the faltering negotiations between Serbia and Kosovo and the role the U.S. could play. Doug Stephens <a /articles>recapped</a> recent tensions between the Philippines and China, a joint U.S.-Australia-Philippines exercise and more in the monthly Water Wars series. Hady Amr <a /articles>analyzed</a> the effects of the Israeli election on the future of the two-state solution. Elena Chachko <a /articles>discussed</a> the Trump administration’s use of targeted sanctions, both in singling out the IRGC and resisting International Criminal Court investigations. And Jen Patja Howell <a /articles>shared</a> a Lawfare Podcast episode featuring a discussion from the National Security Institute on U.S. policy on Yemen and Saudi Arabia featuring former staffers of the Senate Foreign Relations Committee: <iframe width="100%" webkitallowfullscreen="" style="border: none" src="//html5-player.libsyn.com/embed/episode/id/9333950/height/90/theme/custom/thumbnail/yes/direction/backward/render-playlist/no/custom-color/87A93A/" scrolling="no" oallowfullscreen="" msallowfullscreen="" mozallowfullscreen="" height="90" allowfullscreen=""/> On Thursday, Wikileaks co-founder Julian Assange was arrested in London pursuant to a U.S. extradition request. Matthew Kahn <a /articles>posted</a> the indictment, filed in 2018 and unsealed following his arrest, charging Assange with an alleged hacking conspiracy. And Nicholas Weaver <a /articles>considered</a> what lies ahead in Assange’s extradition process in light of previous U.S. failures to extradite individuals charged under similar charges. In technology policy, Cameron Kerry <a /articles>proposed</a> language for data collection standards in light of discussions of a new federal privacy law. Herb Lin <a /articles>argued</a> that recently-developed principles for artificial intelligence ethics and governance should be applied to technology writ large. Sugarman <a /articles>shared</a> a new Department of Justice white paper on the Cloud Act. And Stewart Baker <a /articles>shared</a> an episode of the Cyberlaw Podcast featuring discussion of new social media regulations, Committee on Foreign Investment in the United States (CFIUS) activity in Silicon Valley and more: <iframe width="100%" webkitallowfullscreen="" style="border: none" src="//html5-player.libsyn.com/embed/episode/id/9319091/height/90/theme/custom/thumbnail/yes/direction/backward/render-playlist/no/custom-color/87A93A/" scrolling="no" oallowfullscreen="" msallowfullscreen="" mozallowfullscreen="" height="90" allowfullscreen=""/> Moving to terrorism policy and law, Steve Stransky <a /articles>discussed</a> the need to consider how the Department of Homeland Security has previously combated domestic terrorism in light of recommendations to expand the National Counterterrorism Center’s mandate to include the threat. Evelyn Douek <a /articles>assessed</a> a new Australian law penalizing social media companies when they fail to remove violent content. Rachael Hanna <a /articles>recapped</a> last week’s proceedings in the United States v. Kahn military commission. And Sugarman shared charging documents from two cases, including of a <a /articles>man</a> who was inspired by the Islamic State to plot a vehicular attack in Maryland, and a <a /articles>man</a> who threatened to kill Rep. Ilhan Omar (D-Mn.). In Huawei news, Stephanie Zable <a /articles>broke down</a> the telecom firm’s lawsuit against the U.S. government. And Robert Chesney <a /articles>analyzed</a> recent Justice Department filings providing notice of FISA-acquired evidence to assess Huawei’s relationship with China’s intelligence services. Jen Patja Howell <a /articles>shared</a> an episode of the Lawfare Podcast: Culper Partners Rule of Law Series in which David Kris and Nate Jones spoke to former White House Counsel Kathy Ruemmler: <iframe width="100%" webkitallowfullscreen="" style="border: none" src="//html5-player.libsyn.com/embed/episode/id/9290417/height/90/theme/custom/thumbnail/yes/direction/backward/render-playlist/no/custom-color/87A93A/" scrolling="no" oallowfullscreen="" msallowfullscreen="" mozallowfullscreen="" height="90" allowfullscreen=""/> Sugarman <a /articles>shared</a> an International Criminal Court decision rejecting the request of the court’s Prosecutor to investigate “the situation in Afghanistan,” including alleged U.S. war crimes. Mikhaila Fogel <a /articles>shared</a> the indictment of former White House Counsel Greg Craig for making false statements to the Justice Department. Sugarman <a /articles>posted</a> a Foreign Intelligence Surveillance Court order clarifying that Matthew Whitaker did not bring any action before the court during his tenure. Mikhaila Fogel <a /articles>posted</a> sentencing memoranda filed in W. Samuel Patten’s Foreign Agents Registration Act case referred from the special counsel’s office. Sugarman shared <a /articles>transcripts</a> from the House Judiciary and Oversight committee’s October 2018 interviews with former FBI General Counsel Jim Baker. And Sugarman <a /articles>shared</a> a livestream of the Senate Judiciary Committee hearing on Jeffrey Rosen’s nomination as Deputy Attorney General. And that was the week that was.

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Lev Sugarman

@levsugarman

Lev Sugarman is an intern at Lawfare and a research intern at the Brookings Institution focusing on national security law. He is a senior in the School of Foreign Service at Georgetown University.

The Week That Was: All of Lawfare in One Post

Lev Sugarman

Lev Sugarman

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