The Week That Was

The Week that Was: All of Lawfare in One Post

By Jordan Brunner
Saturday, March 18, 2017, 8:42 AM

This week, President Donald Trump saw his revised travel ban enjoined by federal district judges in Hawaii and Maryland, the latter of which the Justice Department has . Peter Margulies the Hawaii court’s injunction against President Trump’s refugee ban and the flaws in the Maryland court's injunction. Josh Blackman produced a three-part essay which analyzed the travel ban from the statutory and separation of powers perspective in , the Due Process Clause perspective in , and the Establishment Clause perspective in .

Benjamin Wittes the “Guns, Butter and Palace Intrigue” edition of Rational Security:

Robert Loeb that there was never a national security need for the travel ban, while Ben and Quinta Jurecic within the context of the judicial rulings on the travel ban what happens when the judiciary doesn’t trust the president’s oath of office.

Meanwhile, Jane Cong discussed sanctuary cities this week in a four-part essay. She Trump’s executive order on sanctuary cities in Part I, sanctuary jurisdiction in Part II, the question of whether Trump can condition federal funds in the way set out in his executive order in Part III, and concluded by whether § 1373 of the Immigration and Nationality Act unconstitutionally commandeers the states in Part IV. In addition, Paul Rosenzweig that Trump’s border wall will lead to reduced security.

Russell A. Miller how to balance privacy and security on surveillance in Germany. Susan Landau that the FBI might just agree with her about security risks and going dark.

Quinta Jurecic  the Justice Department’s press release about its indictment of Russian operatives and criminals in the Yahoo hacking case, Nicholas Weaver how Wikileaks was once again able to shape the media’s discussion of its leaks. And Grayson Clary how a new study by the RAND Corporation adds data to the Vulnerability Equities Process debate.

Stewart Baker the Steptoe Cyberlaw Podcast: “What Cybersecurity Experts Tell Their Moms about Computer Security.”

Benjamin Wittes and Jack Goldsmith an announcement of the next Hoover Book Soiree: Graeme Wood’s The Way of the Stranger: Encounters with the Islamic State.

Guantanamo received a lot of attention this week. John Bellinger some observations from his time in the Bush administration during the creation of prison at Guantanamo Bay, Cuba to argue that Guantanamo should be closed, while Steve Vladeck disagreement with John on two issues in his discussion of Guantanamo. Paul Lewis advice to the Trump administration on the continuing need to close the Guantanamo Bay detention facility.

At Guantanamo, the military commissions were back in full swing these past few weeks. Up first, Emma Kohse delays in discussing the USS Cole and arguments over evidence exhibits in the 3/8 session of the week’s military commissions coverage. Chris Mirasola the debate over the timeline for discovery in the 3/9 session, and Alex Loomis motion sickness and medical side effects in the 3/10 session.

Alex Loomis the presentation of witnesses who collected and were custodians of evidence from the Cole bombing at the 3/13 session of this week’s military commissions, while Nora Ellingsen the continued testimony on the Cole bombing in her coverage of the 3/14 session. Lastly, Jordan Brunner data dumps, carsickness, and mystery witnesses in the 3/7 “time warp” session.

Quinta Jurecic a letter by Senate Democrats asking Attorney General Jeff Sessions to confirm whether the Justice Department gave up its only copy of the SSCI Torture Report to Judge Lamberth. And she also the Lawfare Podcast, featuring a conversation between Jack Goldsmith and former Director of the National Counterterrorism Center Matt Olsen on the current state of national security:

Daniel Bynam whether lone wolf terrorists can be stopped.

Bobby Chesney on the CIA’s apparently revived authority to conduct drone strikes, and the detention of a U.S. citizen in Iraq as a form of “proxy detention.”

J. Dana Stuster the “Middle East Ticker.”

In the Foreign Policy Essay, Darya Dolzikova the Iran factor in the changing U.S.-Russian relationship.

Jordan Brunner how Trump can understand the national security issue of climate change in his review of the new documentary The Age of Consequences.

Jared Dummitt and and Eliot Kim the formal end of the Obama-era “pivot to Asia,” while highlighting Secretary Tillerson’s pivot to Asia this week in “Water Wars.”

Isabella Uria and Tianyi Xin what China’s coal ban is, and what it isn’t.

Benjamin Haas whether North Korea’s use of VX nerve agent to assassinate Kim Jong-nam violated international law.

Jack Goldsmith the Trump onslaught on international law and institutions.

Elena Chachko EU sanctions and international humanitarian law in her examination of the Court of Justice of the European Union case, A v. Minister van Buitenlandse Zaken.

John Bellinger that the Alien Tort Statute case Doe v. Nestle has been dismissed again.

Jack Goldsmith that White House counsel Donald McGahn should have pre-empted the issue of Gen. Flynn’s foreign agent status during the transition.

Paul Rosenzweig on Preet Bharara’s decision to force the Justice Department to fire him rather than resign.

Bob Bauer a paper he recently wrote entitled “The National Security Lawyer, In Crisis: When the Best View of the Law May Not Be the Best View.”

Finally, Susan Hennessey and Benjamin Wittes their gratitude to Emily Bazelon for her thoughtful profile of Lawfare in the New York Times Magazine, and Quinta Jurecic an event announcement about Representative Adam Schiff’s upcoming visit to the Brookings Institution to discuss the role of Congress. 

And that was the week that was.