The Week that Was: All of Lawfare in One Post

Orin Kerr provided audio of this week’s oral arguments in Klayman v. Obama. Wells later contributed a recap of the arguments in the case. Paul noted how curious it was that according to current law enforcement practice, pass phrases are protected from compelled disclosure are not, while fingerprints are not. He also shared some updates from the world of cybersecurity. Bobby brought us news that the Defense Intelligence Agency appears to be scaling back plans for an expanded defense clandestine service---sort of. Andy Wang outlined some of the rules currently governing cyber-subterfuge in the US. Jack shared some thoughts on journalists’ claims for immunity from legal accountability. Susan Landau advised us on how not to do remote computer searches in light of the FBI’s new hacking plans. Ben responded to Ryan Goodman’s “interrogation” of the “parity principle.” On to ISIS. Jack gave us an Election Day edition of the “end of forever war watch.” Bobby noted President Obama’s declaration that he intends to seek an Islamic State AUMF and wondered whether the 2001 AUMF will be amended along the way. Jack outlined some of the complexities inherent in an ISIS AUMF. Ashley Deeks investigated the contradictory responses of the Syrian regime towards foreign actions against ISIS in its borders. Also, Ben asked what the Republicans’ electoral majority means for certain national security issues in Congress. Wells shared a recent statement by attorneys for Ammar al Baluchi, one of the five men accused of plotting the 9/11 attacks, concerning the proposed destruction of CIA emails. Wells and Matt Danzer covered this week’s hearing in the Al Nashiri case. On Wednesday, Wells shared the Chief Prosecutor’s statement. Later, he noted how Lawfare intended to cover the hearing. Finally, Matt Danzer provided several digests of the hearings, which you can peruse here, here and here. Wells noted that “forever detainee” Fawzi Al Odah was transferred from Guantanamo to Kuwait. Bobby wondered whether the recent transfer of Irek Hamidullin from Afghanistan to the US for trial could be a model for the closure of Guantanamo Bay. Jack provided a final note on Zivotofsky. He later shared a transcript of its oral arguments. Wells also gave two quick thoughts on the case. In this week’s Foreign Policy Essay, Jennifer M. Harris, a senior fellow at the Council on Foreign Relations, reminded us how sanctions evolved to become US foreign policy instruments “of first resort.” I reviewed Roger Moorhouse’s recent book, The Devils’ Alliance: Hitler’s Pact with Stalin, on the Machiavellian intrigues surrounding the Molotov-Ribbentrop Pact. In this week’s Lawfare Podcast, Chris Soghoian, an ACLU technologist and cybersecurity expert, discussed his objections to FBI Director James Comey’s recent speech at Brookings. In the 41st iteration of the Steptoe Cyberlaw Podcast, Stewart Baker interviewed John Lynch, the Chief of the Computer Crime and Intellectual Property Section (CCIPS) in the Department of Justice’s Criminal Division. Among other topics, Lynch covered how the DOJ investigates and prosecutes cybercrime and its increasing cooperation with foreign law enforcement agencies in doing so. I wrote a follow-up piece on China’s Fourth Plenum, concluding that while legal reform in the PRC has been slow, the Party is making serious progress in circumscribing its usage of the death penalty. Sean Mirski provided a primer on Japan’s constitutional reinterpretation and right to collective self-defense. Ben reminded readers once again to contribute to Lawfare. Cody shared an ad by a Turkish hair removal company that features 9/11 mastermind Khalid Sheikh Mohammed as its male model. And finally, Ben wished Lawfare’s readership a very happy Guy Fawkes Day. And that was the week that was.