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The Week that Was: All of Lawfare in One Post

Elliot Setzer
Saturday, May 30, 2020, 1:34 PM

Your weekly summary of everything on the site.

Published by The Lawfare Institute
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Julian Ku analyzed Secretary of State Mike Pompeo’s refusal to certify that Hong Kong is autonomous from China.

Ganesh Sitaraman argued that to understand the conversation on U.S. policy toward China, it’s helpful to break down hawks and doves into more precise categories.

Jen Patja Howell shared an episode of the Lawfare Podcast discussing Beijing’s proposed new national security law for Hong Kong and the ensuing protests:

Adam George analyzed China’s failed attempt at “mask diplomacy” in Africa.

Stewart Baker shared an episode of the Cyberlaw Podcast discussing the FBI’s pursuit of Chinese commercial spying with Mara Hvistendahl, investigative journalist at The Intercept:

Jordan Schneider also shared an episode of ChinaTalk discussing Hvistendahl’s recent book, “The Scientist and the Spy: A True Story of China, the FBI, and Industrial Espionage”:

Elliot Setzer shared the president's executive order on social media and Section 230.

Benjamin Wittes talked with Kate Klonick, Eugene Volokh, Jack Balkin and Quinta Jurecic in a live conversation with viewers of the daily YouTube show, In Lieu of Fun, about the executive order and what it means:

Patja Howell shared an episode of Rational Security discussing Twitter’s efforts to fact-check President Trump:

Margaret Taylor summarized the current state of FISA reform legislation in Congress.

Jake Laperruque criticized the Justice Department’s argument that a provision giving greater power to amici arguing before the FISA Court could endanger national security.

Mikhaila Fogel shared transcripts of the December 2016 calls between former national security adviser Michael Flynn and then-Russian Ambassador Sergey Kislyak. The calls are at the center of the ongoing criminal case against Flynn.

Patja Howell shared an episode of the Lawfare Podcast in which Benjamin Wittes debates the Flynn case with journalist Eli Lake, who makes the case that Michael Flynn was railroaded:

Patja Howell also shared an episode of the Lawfare Podcast featuring an interview with Steve Teles on his new book, “Never Trump: The Revolt of the Conservative Elites”:

David Kris discussed the hard national security choices an incoming Biden administration will face if Biden is elected.

Preston Lim analyzed a Canadian judge’s dismissal of Huawei CFO Meng Wanzhou’s application to end hearings on her potential extradition to the United States.

Patja Howell shared an episode of the Lawfare Podcast discussing a Malaysian law ostensibly aimed at stamping out disinformation with Gabrielle Lim, a researcher at Harvard Kennedy School’s Shorenstein Center:

Mara Revkin reviewed Darryl Li’s “The Universal Enemy: Jihad, Empire, and the Challenges of Solidarity."

Setzer shared an indictment from the Justice Department bringing charges against North Korean bank officials.

Omar Rahman argued that years of dereliction has left the Palestine Liberation Organization facing annexation without a plan.

Russell Miller analyzed a German Constitutional Court ruling that German espionage activity must conform to the country’s constitution, even if conducted overseas on non-German citizens.

Setzer shared a letter from White House counsel Pat Cipollone intended to offer a legal rationale for President Trump’s firing of two inspectors general.

Patja Howell shared an episode of the Lawfare Podcast discussing the SpaceX launch and the future of space law:

Patrick Hulme argued that while President Trump has the authority to decide whether to use force against Iran, Congress has taken steps that may make him unwilling to do so.

And Lester Munson shared an episode of Fault Lines discussing the current state of the global war on drugs with Kirsten Madison, Assistant Secretary of State for International Narcotics and Law Enforcement Affairs:

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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