The Week That Was: All of Lawfare in One Post

Quinta Jurecic, Natalie Orpett, and Benjamin Wittes analyzed the legal flaws in U.S. District Judge Aileen Cannon’s recent opinion granting the appointment of a special master to oversee privilege claims in documents seized at former President Donald Trump’s Mar-a-Lago residence.

Jen Patja Howell shared an episode of of the Lawfare Podcast in which Wittes sat down before a live audience on Twitter Spaces with Orpett, Jonathan David Shaub, and Anna Bower to discuss Judge Aileen Cannon’s ruling to appoint a special master to review privilege claims over documents seized at Mar-a-Lago:

Hyemin Han shared U.S. District Judge Aileen Cannon’s Monday order granting the appointment of a special master to oversee privilege claims in materials seized during the FBI’s Aug. 8 search of Trump’s Mar-a-Lago residence.

Matthew Tokson discussed former President Trump’s Fourth Amendment claims in and strategy behind his challenge to the FBI’s Aug. 8 search of Mar-a-Lago. 

Katherine Pompilio shared the Justice Department's motion for partial stay of U.S. District Judge Aileen Cannon’s decision to grant former President Trump’s request for a special master to oversee materials seized during the FBI’s search of his Mar-a-Lago residence. 

Roger Parloff analyzed Judge Francis Matthew’s decision to oust Couy Griffin (R-N.M.) from his position as Otero County commissioner under section 3 of the 14th amendment for his role as an “insurrectionist” during the Jan. 6, 2021, attack on the U.S. Capitol. 

Geoffrey S. Corn and Peter Margulies analyzed the Defense Department’s new plan to protect civilians while preserving military effectiveness. 

Howell shared an episode of the Lawfare Podcast in which Tia Sewell sat down with Todd Huntley and Marc Garlasco about the Defense Department’s new Civilian Harm Mitigation and Response Action Plan:

Howell also shared an episode of Rational Security in which Alan Rozenshtein, Jurecic, and Scott R. Anderson sat down with Wittes and Shane Harris to discuss and debate their national security “hot takes”:

Stewart Baker shared an episode of the Cyberlaw Podcast in which he sat down with Jordan Schneider, Brian Fleming, Nick Weaver, and Paul Rosenzweig to discuss Cloudflare’s decision to deplatform Kiwi Farms, the imposition of U.S. sanctions on Tornado Cash, and more:

Rosenzweig and Katie Stoughton argued that Cloudflare’s decision to stop offering security services to Kiwi Farms, while the right decision, is an example of how content moderation decisions happen outside the traditional confines of websites and service providers.

Baker also discussed the applicability of the “disclose-and-patch” system for cryptocurrencies, arguing that institutional innovation and new laws will likely have to be instituted in order for cryptocurrency security to match that of other digital technologies.

Howell shared an episode of the Lawfare Podcast in which Stephanie Pell sat down with Justin Sherman, a fellow at the Atlantic Council’s Cyber Statecraft Initiative, to discuss the whistleblower complaint filed by former Twitter executive Peiter Zatko detailing security, privacy, and integrity issues with Twitter’s platform:

Nicol Turner Lee shared an episode of TechTank in which she spoke with Andrew Von Ah, Shane Tews, and Kathleen Burke about the emergence of 5G and how it has complicated the field of spectrum policy:

Schneider shared an episode of ChinaTalk in which he sat down with Ryan Fedasiuk and Gigi Gronvall to discuss biotechnology security in China and the United States:

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Schneider shared another episode of ChinaTalk in which he spoke with Paul Scharre about artificial intelligence and the future of warfare:

Schneider shared one more episode of ChinaTalk in which he sat down with Paul Kennedy to discuss stories and anecdotes about the late American historian and Sinologist Jonathan Spence:

Emily Jin analyzed China’s smart manufacturing ambition and how it relates to China’s broader industrial policy strategy.

Howell shared an episode of the Lawfare Podcast in which Tyler McBrien sat down with Christo Grozev to discuss a recent story published by Bellingcat exposing the identity of a Russian spy named Maria Adela Kuhfeldt Rivera, who over the course of 10 years had charmed her way into the social circles of NATO members in Naples:

Alex Zerden reviewed Julia Morses’s “The Bankers’ Blacklist: Unofficial Market Enforcement and the Global Fight Against Illicit Financing” (Cornell University Press, 2021).

Joseph Padron, Rafael Prieto Curiel, Jason Scheuer, and Olivier Walther analyzed the movement patterns of terrorists who assisted in the 9/11 attack, concluding that while group members did not necessarily live near one another, their itineraries closely matched their organizational structure. 

Jessica Bulman-Pozen and Miriam Seifter discussed how state constitutions can be used as a defense mechanism against election subversion efforts. 

And David Priess shared an episode of Chatter in which he sat down with Kevin Bryant to discuss spying tactics used by NFL teams to gain extra advantages and extensive counterintelligence techniques to thwart their opponents:

And that was the week that was.