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The Week that Was: All of Lawfare in One Post

Elliot Setzer
Saturday, May 2, 2020, 11:39 AM

Your weekly summary of everything on the site.

Published by The Lawfare Institute
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Quinta Jurecic and Benjamin Wittes analyzed what the recently-released FBI documents relating to General Michael Flynn really show.

Jen Patja Howell shared an episode of the Lawfare Podcast featuring an interview with Sophia Yan, a Beijing correspondent for the Telegraph, to discuss her recent trip to Wuhan and her current period of lockdown back in Beijing:

Patja Howell also shared an episode of Rational Security discussing North Korea, the D.C. Circuit's arguments in the Don McGahn case, and lawmakers’ efforts to scrutinize China for its handling of the COVID-19 pandemic:

Charlotte Butash and Margaret Taylor summarized oral arguments in the D.C. Circuit en banc considerations of Committee on the Judiciary v. McGahn and U.S. House of Representatives v. Mnuchin. Butash also provided a preview of the en banc oral arguments.

Susan Landau, Christy Lopez and Laura Moy argued that it’s important to examine the disparate privacy implications of contact tracing for the most vulnerable communities.

Karl Eikenberry and David Kennedy asked whether the COVID-19 pandemic truly resembles a war.

David Benger, Todd Carney and Marina Lorenzini analyzed challenges to U.S. sanctions against Iran during the coronavirus pandemic.

Ariel Levite and Lyu Jinghua argued that our interconnected world is vulnerable to crises.

Lester Munson shared an episode of Fault Lines discussing Trump’s decision to freeze funding to the World Health Organization:

Kemal Kirisci and M. Moral Erdoğan emphasized that Turkey will need help protecting refugees during this public health crisis.

Patja Howell shared an episode of the Lawfare Podcast discussing a case study of how pandemic control measures intersect with federalism issues and supply chain continuity and security:

Elliot Setzer shared a Justice Department memo announcing that it will monitor state and local pandemic policies for civil rights violations.

Matthew Waxman and Samuel Weitzman argued that Franklin Delano Roosevelt’s Montgomery Ward seizure is a stark reminder of what unleashing wartime government power over industry has actually looked like.

Geoffrey Block argued that the postal service is critical to national security.

Jack Goldsmith and Andrew Keane Woods responded to criticism of their recent article in the Atlantic about COVID-19, speech and surveillance.

And Benjamin Wittes shared an invitation to a Lawfare Live discussion with Jack Goldsmith and Andrew Keane Woods on that recent Atlantic essay.

Patja Howell shared the first episode of a two-part Lawfare Podcast series on Thomas Rid’s new book, “Active Measures: The Secret History of Disinformation and Political Warfare,” which featured Goldsmith interviewing Rid:

Patja Howell also shared the second episode of the series, in which Quinta Jurecic and Alina Polyakova spoke with Rid about disinformation in the digital age:

Jordan Schneider shared an episode of ChinaTalk discussing how the U.S. can forge an innovation alliance base:

Jacob Stokes discussed how the United States can cooperate and compete with China at the same time.

And Patja Howell shared an episode of the Lawfare Podcast featuring an interview with Brookings scholars Tom Wheeler and Nicol Turner Lee about 5G deployment and digital competition with China:

Adina Ponta discussed the legal questions surrounding cyber operations against medical facilities during peacetime.

Munson shared an episode of Fault Lines discussing the Cyber Solarium Report with Dr. Samantha Ravich, former Deputy National Security Advisor to Vice President Cheney and Commissioner of the Cyber Solarium Commission:

Stewart Baker shared an episode of the Cyberlaw Podcast featuring a debate with Harriet Moynihan over the application of international law to cyberattacks:

Jacob Schulz discussed the abandonment of a proposal to try foreign fighters in Syrian Democratic Forces courts.

Gary Bass argued that it’s time to restart the debate about the morality of nuclear weapons.

Shulz discussed the iPhone app behind the deceptive gif of Joe Biden that President Trump retweeted yesterday.

Samuel Rebo argued that President Trump’s donation of his salary to government agencies poses unique constitutional and statutory questions.

And Setzer shared the Office of the Director of National Intelligence’s 2019 transparency report.

And that was the week that was.

Elliot Setzer is a Knight-Hennessy Scholar at Stanford Law School and a Ph.D student at Yale University. He previously worked at Lawfare and the Brookings Institution.

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