The Week That Was

In a live conversation on March 14, Benjamin Wittes spoke to Scott R. Anderson, Matthew Boaz, and Anna Bower about the status of the civil litigation against President Donald Trump’s executive actions, including the freezing of the disbursement of federal funds, the dismantling of the United States Agency for International Development, the firing of probationary employees, and more.

On Rational Security, Natalie Orpett and Alan Rozenshtein joined Anderson to discuss the week’s major national security news, including Trump’s targeting of law firms Covington & Burling and Perkins Coie, the administration’s announcement revoking $400 million in government grants to Columbia University, the temporarily delayed tariffs on Canada and Mexico, and more.

Boaz detailed the two statutory provisions that permit immigration authorities to remove legal permanent residents such as Mahmoud Khalil, who was recently detained for his role in pro-Palestine activism at Columbia University. Boaz emphasized that although a procedure for removal on the grounds of political speech exists, green card holders like Khalil are still entitled to due process.

Bridget Dooling explained why the government’s plan to implement reductions in force (RIFs) targeted at federal employees that do not work during government shutdowns threatens the separation of powers and introduces political manipulation into what is usually an orderly process.

Chris Mirasola explained that the Posse Comitatus Act and case law on executive power prohibit the president from using the military to detain and deport migrants. Mirasola outlined why three existing legal theories the Trump administration may try to invoke are legally implausible, but noted that there may yet be a legal route by which the administration can use the military to assist with deportations.

Bethany Berger evaluated the Trump administration's argument that the exception of Native Americans from the 14th Amendment’s birthright citizenship clause legitimizes attempts to deny birthright citizenship to children of persons who are in the U.S. illegally. Berger explained that this argument misconstrues the exclusion, which recognized the sovereignty of tribal nations, and noted that Native Americans do receive birthright citizenship under a 1924 law.

Peter Neal discussed the history of letters of marque—an obsolete naval warfare practice that authorizes private actors to capture enemy property—and modern parallels such as private military contractors. Neal argued against a proposal to reintroduce letters of marque to combat cartels, citing historical and modern failures of deputizing military functions to private entities

On Lawfare Daily, Jack Goldsmith sat down with Zachary Price following the release of his new book, “Constitutional Symmetry: Judging in a Divided Republic,” which advocates that judges make decisions that work “symmetrically” across major partisan and ideological divides. Goldsmith and Price discussed the concept of “constitutional symmetry,” the implications of the unitary executive theory, the effects of the Impoundment Control Act on congressional authority, and more.

On Lawfare Daily, Orpett spoke to Anderson, Bower, and Nick Bednar about the status of the civil litigation against Trump’s executive actions, including the firing of probationary employees, the Department of Government Efficiency attempting to enter the U.S. African Development Foundation, and more.

On the third episode of Escalation, co-hosts Tyler McBrien and Anastasiia Lapatina covered the U.S.-Ukraine relationship at the turn of the 21st century, during which Russia reverted back to its corrupt, authoritarian ways and the U.S. solely focused on terrorism after 9/11.

Adam Tong warned that the Biden administration’s approach to economic security has inadvertently exposed the U.S. to supply chain threats from China, highlighting that the electric vehicle industry is vulnerable to critical mineral deficits and underpriced imports that hurt American manufacturers.

On Lawfare Daily, Van Jackson and Michael Brenes joined Tyler McBrien to talk about their new book, “The Rivalry Peril: How Great-Power Competition Threatens Peace and Weakens Democracy.” They discussed the pitfalls of great power competition, the origins of the China threat, why the U.S. should take a less aggressive approach to China, and more.

In the latest installment of Lawfare’s Foreign Policy Essay series, Jason M. Blazakis outlined the three pathways by which the Trump administration could delist Hayat Tahrir al-Sham (HTS) as a foreign terrorist organization (FTO). Blazakis assessed that the most probable approach is a “change of circumstances,” which would require an evaluation of HTS’s goals, links to other groups, and more.

Junius Williams argued that the U.S. transfer a portion of global cement manufacturer Lafarge’s assets—forfeited as part of a guilty plea for providing material support to terrorist groups—to the Iraqi government. Williams highlighted that the Iraqi state is a more suitable recipient than the current Syrian regime because it has mechanisms to distribute the funds to victims, but acknowledged that corruption and other issues are obstacles to collaboration with the U.S.

Kevin Frazier argued that in the absence of robust federal regulation of artificial intelligence (AI), state attorneys general (AGs) are uniquely positioned to shield consumers from bad actors by enforcing consumer protection laws. Frazier described how AGs have thus far successfully prosecuted AI misuse, but noted that they will need increased technical support to keep pace with AI innovation.

Paulo Carvão, Yam Atir, and Salvina Ancheva outlined a dynamic governance model for AI, in which public and private stakeholders create and implement evaluation standards, compliance, and legal liability systems through a three stage process. Carvão, Atir, and Ancheva argued that this model balances innovation and accountability, mitigates unregulated AI’s risks to democracy, and positions the U.S. as a leader in AI.

Richard Salgado broke down the first report on the implementation of the U.S.’s CLOUD Act agreement with the United Kingdom, which permits U.S. companies to share user data with foreign jurisdictions for purposes of combating serious crime. Salgado discussed the volume of requests from the U.K. compared to the U.S. and the failure of the act to deter foreign governments from enacting restrictive surveillance laws. He recommended four changes to the CLOUD Act that will help fulfill its intended purpose.

On Lawfare Daily, Frazier sat down with Drew Hinkes and Carla Reyes to discuss the evolution of crypto-related policy since the Obama era, the veracity of dominant crypto narratives, and what’s next from the Trump administration on this complex, evolving topic.

On Lawfare Daily, Renee DiResta sat down with Ravi Iyer, Jacob Mchangama, and Glen Weyl to talk about content moderation, designing a prosocial media for the future, the way a social media platform is built influences how users interact with a platform, and more.

In the latest edition of the Seriously Risky Business cybersecurity newsletter, Tom Uren discussed the growing global backlash against the proliferation of misinformation and right-wing propaganda on Elon Musk’s X, mass firings at U.S. intelligence agencies, a recent report on a cybercrime cartel known as the Scam Empire, and more.

Rebecca Wexler, Sarah Barrington, Emily Cooper and Hany Farid recommended that Rule 901 of the Federal Rules of Evidence—the authentication standard for admissibility of a voice recording—be updated to permit authentication by witness testimony, but not guarantee it. The authors cited their recent study that found participants could not differentiate between a real person’s voice and an AI clone in 80 percent of cases.

Wittes commented on Ruth Marcus’s resignation from the Opinion section of the Washington Post after the publisher killed her column dissenting from owner Jeff Bezos’s new editorial policy. Wittes praised Marcus for her work and commitment to the Post throughout the years and expressed grave concern about the “institutional vandalism” at the Post that is precipitating the departure of Marcus and many other talented writers and reporters.

And Wittes reflected on the rudeness and polarization on display during a Republican lawmaker’s pointed misgendering of Rep. Sarah McBride (D-De). Wittes emphasized the importance of respect and politeness in maintaining a liberal society, calling attention to the way that even small actions—such as calling a Catholic priest “Father” despite one’s beliefs—increase civic peace.

And that was the week that was.