The Week That Was: All of Lawfare in One Post

On Monday, the United States celebrated Memorial Day. President Obama marked the holiday by giving an address at Arlington Cemetery. He noted that this was “the first Memorial Day in 14 years that the United States is not engaged in a major ground war.” Cody and Ben pointed out, however, that though the President’s rhetoric has affirmed the end of the war in Afghanistan, the Justice Department continues to argue in court that operations there are ongoing. Nathalie Weizmann discussed exactly what constitutes the end of hostilities and what that meant for individuals still being detained at the military prison at Guantanamo Bay. Ganesh Sitaraman and David Zionts introduced the role that behavioral psychology plays in decisions about war. In summary: The war is over. Long live the war.

Unless Congress acts during its emergency session tomorrow, Section 215 of the USA Patriot Act will expire on Monday, but as Susan Landau noted yesterday, “Congress is playing brinksmanship again [so] what will happen this weekend remains unclear.” Susan examined the USA Freedom Act, a compromise bill supported by President Obama and accepted by the intelligence community, arguing that Congress should approve the legislation. Meanwhile, Dan Geer examined six points, at which science is driving forward cybersecurity policy, and discussed the implications of these ideas. They include, in his formulation: identity; ownership as perimeter; control diffusion; communications provenance; everything is unique; opaqueness is forever.

This week’s Foreign Policy Essay considered the role of militia forces in maintaining security in the Middle East. Ariel I. Ahram and Frederic Wehrey used the Iraqi National Guard as a case study, analyzing the lessons it offers for Arab states’ continued reliance on militias for the preservation of order.

Yishai Schwartz considered the P5+1 nuclear negotiations with Iran and their “aura of inevitability.” He examined the steps that might lead to an alternative agreement---that “better deal” critics have been calling for---and notes that “either path represents a seismic gamble. . . . All choices carry risks.”

On Tuesday, Beijing released its first public white paper on Chinese military strategy. Cody linked to the document, which discusses, among other things, cybersecurity, the situation in the South China Sea, and relations between Beijing and the United States.

Vice President Joe Biden visited the Brookings Institution on Wednesday and gave an address on the ongoing conflict in Ukraine; Cody shared the live footage of the Vice President’s remarks:

Cody also posted this week’s Lawfare Podcast, which featured a roundtable discussion on the success of Indian Prime Minister Narendra Modi’s government one year after it took office. The panelists---Tanvi Madan, Bruce Jones, Diane Farrell, Vikram Singh Mehta, and Milan Vaishnav---considered Indian public policy, expectations for the future, and implications for the United States.

Stewart Baker brought us the Steptoe Cyberlaw Podcast. This week’s episode included a conversation with CATO Institute senior fellow Julian Sanchez.

Meanwhile, Ben shared the most recent Rational Security podcast. Tamara was out this week, so Ben and Shane Harris “settled in” with some scotch to discuss privacy erosion, tiny drones, and relations between the press and the intelligence community. (Pour yourself a glass while listening!)

Jack informed us of the passing of a friend and colleague, Dan Meltzer. A professor at Harvard Law School, Meltzer served as Deputy White House Counsel during the Obama administration and then later on the Intelligence Oversight Board. Jack noted, “Dan was always, really always, kind and generous and gracious in dealing with others.” Matthew Olsen added his thoughts, saying, “As a national security lawyer, Dan is a model for all of us, though it is hard to imagine anyone in the field matching Dan’s intellect, dedication, and integrity. As a person, Dan will be remembered for his humility, generosity, and grace.”