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The Week That Was: All of Lawfare in One Post

Emily Dai
Saturday, October 9, 2021, 1:47 PM

Published by The Lawfare Institute
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Raphael S. Cohen explored what the U.S. withdrawal from Afghanistan implies for future wars, including hypothetical confrontations with China and Russia.

Jen Patja Howell shared an episode of the Lawfare Podcast in which Bryce Klehm sat down with David Philipps to discuss Eddie Gallagher, the Navy SEAL acquitted of stabbing an Islamic State prisoner:

Scott Moore explored the possibility of geopolitical competition leading to a more effective response to climate change.

In a paper for the Hoover Institution’s Aegis series, Barry Friedman provided a constitutional argument concerning the unauthorized digital collection and surveillance data for police investigations.

Nicol Turner Lee posted an episode of TechTank exploring whether racial discrimination appearing in and resulting from online behavioral advertising can be remedied:

Jordan Schneider shared an episode of ChinaTalk discussing the Chinese government’s enthusiasm for a series of upcoming space projects:


Howell also shared an episode of the Lawfare Podcast in which Jacob Schulz sat down with Leah West and Amarnath Amarasingam to discuss the indictment of Mohammed Khalifa, a Canadian who joined the Islamic State:

Sam Cohen and Alex Vivona discussed AUKUS and U.S. efforts to strengthen military alliances in the Indo-Pacific region as Chinese maritime laws become stricter in the latest edition of "Water Wars."

Stewart Baker shared an episode of the Cyberlaw Podcast, featuring Dmitri Alperovitch discussing the Biden administration’s plan to crack down on ransomware and to regulate stablecoin issuers; Dave Aitel talking about about the House intelligence authorization bill; and Mark MacCarthy explaining Google’s appeal to overturn the EU’s antitrust fine:

Bob Bauer and Jack Goldsmith reviewed three bills that would expand the independence and power of inspectors general.

David Priess shared a job announcement for a digital media specialist with Lawfare:

Natalie Orpett and Benjamin Wittes evaluated the Justice Department inspector general’s latest report on FISA implementation at the FBI.

Howell also shared an episode of the Lawfare Podcast in which Jacob Schulz sat down with Jessica Davis to discuss her new book on terrorism financing:

Aram Gavoor and Steven Platt discussed the history of the presumption of regularity and the importance of codifying the principle into law.

A new episode of Lawfare No Bull shared testimony from Facebook whistleblower Frances Haugen before the Senate Commerce Committee:

Howell also shared an episode of Rational Security in which the hosts sat down with Bryce Klehm to discuss Chinese encroachment into Taiwan’s airspace, a possible legitimacy crisis for the Supreme Court and the findings of the Pandora Papers:

Robert Chesney and Steve Vladek shared a new episode of the National Security Law Podcast in which they debate whether the Due Process Clause applies at Guantanamo Bay, upcoming Supreme Court cases relating to the State Secrets Privilege, the CIA’s actions against Julian Assange and WikiLeaks, the Huawei CFO case and a Canadian Islamic State fighter:

Howell also shared an episode of the Lawfare Podcast in which Evelyn Douek and Quinta Jurecic spoke with Alina Polyakova and Anastasiia Zlobina about Russia’s crackdown on social media platforms and the consequences of increasing Russian control over the internet:

Klehm shared the Senate Judiciary Committee’s report on former President Trump’s efforts to use the Department of Justice to overturn the 2020 election.

He also announced this week’s Lawfare Live, in which Adam Klein, Benjamin Wittes and Jacob Schulz discussed the recent inspector general’s report examining flaws in the FISA application process:

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Ethan Paul wrote a book review of Rush Doshi’s “The Long Game: China’s Grand Strategy to Displace American Order.”

Howell also shared an episode of the Lawfare Podcast, where Natalie Orpett sat down with Bob Bauer and Jack Goldsmith to discuss their book “After Trump: Reconstructing the Presidency” and reforming the presidency:

In a paper for the Aegis Series published in partnership with the Hoover Institution, Farhang Heydari argues that regulators should focus on private entities that have close relationships with law enforcement for information during investigations.

Quinta Jurecic and Molly E. Reynolds discussed the range of unanswered questions and challenges facing the House select committee on the Jan. 6 attack.

And Robert Loeb and Cesar Lopez-Morales wrote about United States v. Zubaydah, the government’s invocation of the state secrets privilege to protect information and the likely outcome.

And that was the week that was.

Emily Dai is a junior at New York University studying Politics and Economics. She is an intern at Lawfare.

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