Today’s Headlines and Commentary

Katherine Pompilio
Tuesday, March 8, 2022, 3:45 PM

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Enrique Tarrio–former leader of the far-right Proud Boys–was indicted for conspiracy related to the Jan. 6, 2021 attack on the U.S. Capitol, reports the New York Times. Tarrio and five other alleged Proud Boys were charged with conspiracy to obstruct Congress from official proceedings–in this case, the certification of the results of the 2020 presidential election–in addition to aiding and abetting six other felonies. Tarrio was not in Washington, D.C. on the day of the riot due to his arrest two days prior, however prosecutors allege that he issued orders to members of the Proud Boys to be dressed “incognito” when they arrived at the Capitol, and participated in a private Telegram group chat as members of his far-right group entered the the building. 

Guy Reffitt–the first Jan. 6 defendant to stand trial–was found guilty of all counts of his indictment, writes BuzzFeed News. Reffitt was charged with five counts: obstructing Congress, preparing to use guns to support a civil disorder, aiding and abetting, interfering with police during a civil disorder, and obstructing justice by threatening his children to not cooperate with the FBI.

The Department of Homeland Security’s inspector general found that the department’s intelligence division identified “specific threats” related to the attack on the U.S. Capitol in the days before Jan. 6, 2021, and did not widely share any intelligence until two days after the riot, according to CNN. According to a report by the department’s inspector general, three separate divisions within the Homeland Security Department’s Office of Intelligence and Analysis collected intelligence and identified potential threats related to plans to attack the Capitol. The threats identified included storming the Capitol building, targeting politicians and law enforcement and “sacrificing their lives while conducting violence.” Rather than share the information in reports outside of the department, intelligence officials emailed the threat information to “local Washington, D.C. partners” in a way that was “not as widely disseminated” as other intelligence. Because the information was not widely shared, homeland security officials were “unable to provide its many state, local and federal partners with timely, actionable and predictive intelligence,” according to the report

President Joe Biden announced that the U.S. will ban all Russian oil imports in response to Russia’s invasion of Ukraine, reports the Associated Press. Biden said that the Russian oil ban will be a “powerful blow” against Russia’s ability to fund the war in Ukraine and that “[The U.S.] will not be part of subsidizing Putin’s war.” The decision to ban Russian oil came after pleas by Ukrainian President Volodymyr Zelenskyy to cut off Russian oil imports, which are reportedly a steady source of income for Russia despite the onslaught of sanctions issued in the recent weeks. Biden also acknowledged that the price of gas for Americans is likely to increase as a result of the oil ban. Biden said of the imminently rising prices, “Defending freedom is going to cost.”

The EU announced it will formally consider applications from Ukraine, Georgia and Moldova to join the union, writes Politico. The three countries submitted applications to the European Commission to join the bloc in the days following Russia’s invasion of Ukraine. Each country cites the “rapidly changing security landscape” as a reason for the EU to quickly assess their bids for membership. 

The spokesperson for the Ukrainian foreign ministry reported that Russian forces shelled an evacuation route designated for civilians in Mariupol, Ukraine, according to Reuters. Spokesperson Oleg Nikolenko pleaded for international pressure on Russia to stop the shelling of civilians and civilian spaces. He said, “8 trucks + 30 buses ready to deliver humanitarian aid to Mariupol and to evac (evacuate) civilians to Zaporizhzhia. Pressure on Russia MUST step up to make it uphold its commitments.” 

After 20 years in custody without a trial, a prisoner held at Guantanamo Bay was sent to his home country of Saudi Arabia for mental health care, reports the Washington Post. Mohammed Amad al-Qahtani was held at the detention center under suspicion that he attempted to join the group of hijackers responsible for the 9/11 attacks on the United States. Al-Qahtani’s lawyer celebrated his release, and said that “keeping [al-Qahtani] at Guantanamo, where he was tortured, and then repeatedly attempted suicide, would have been a likely death sentence.” At Guantanamo, al-Qahtani was subjected to torture that included beatings, exposure to extreme temperatures and noise, sleep deprivation and extended solitary confinement. 38 prisoners remain in detention at Guantanamo Bay. 

A hacking group backed by the Chinese government breached local government agencies in the U.S. at least six times in the last 10 month, writes CNN. According to the cybersecurity firm Mandiant, the hacks were part of a persistent information-gathering operation, and broke into networks using a critical flaw in software discovered in December 2021. State agencies targeted include: health, transportation, labor, higher education, agriculture and court networks and systems. 

ICYMI: Yesterday on Lawfare

Benjamin Wittes posted the second episode of The Aftermath, which covers the early phases of the criminal investigation launched by the FBI as the perpetrators of the Jan. 6 Capitol riot were heading home.

Ingrid Wuerth examined whether foreign sovereign immunity applies to sanctions on central banks. 

Katherine Pompilio announced this week’s Lawfare Live which will feature a Q&A with Wittes, Natalie Orpett and Rohini Kurup about the second episode of The Aftermath. 

Nicol Turner Lee shared an episode of  TechTank in which Lee and Renee Cummings discuss whether civil rights and algorithmic systems coexist and, if so, what roles do government agencies and industries play in ensuring fairness, diversity, and inclusion.

Jordan Schneider shared an episode of ChinaTalk in which he and Matej Šimalčík discuss if the war in Ukraine will accelerate changes in opinion towards China.

Schneider also shared another episode of ChinaTalk in which he and Una Aleksandra Bērziņa-Čerenkova discuss the Latvian perspective on the Russian invasion of Ukraine. 

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Katherine Pompilio is an associate editor of Lawfare. She holds a B.A. with honors in political science from Skidmore College.

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