The Week That Was: All of Lawfare In One Post

So much for August being an "off-month." You can probably guess what issues dominated Lawfare's agenda this week. The U.S. issued a global threat alert, which prompted closures of many diplomatic posts around the world. Bobby noted reports that the threat resulted from a direct order from Ayman al-Zawahiri to Nasir al-Wuhayshi---Zawahiri's deputy, and also the head of Al-Qaeda in the Arabian Peninsula (AQAP).  That, Bobby wrote, seemed to bolster AQAP's status as an "associated force" for purposes of the the 2001 Authorization for the Use of Military Force.  Jack was surprised to read such detailed intelligence in related news coverage, given the care with which reporters typically handle operational intelligence sources. Bobby brought to our attention recent terrorism-related indictments and pleadings that might not have made headlines recently. Jack puzzled over two things, one being the threat posed by Al-Qaeda, given the recent embassy closure; and the other being the NSA's assertion, on the one hand, that it can audit its people's activities, and the White House's admission, on the other, that it doesn't exactly know what Edward Snowden swiped.  Jack sought to resolve the latter dilemma later, and responded to comments by the Volokh Conspiracy's Stewart Baker. Bobby analyzed the reforms presented in President Obama's press conference on Friday. Get the press conference transcript and Section 215 white paper here, and read Obama's not-NSA-but-still-Lawfare-relevant remarks. Rick wrote up a lengthy article musing over whether judicial review of national security matters constrains or enables other branches of government. And Ben had lots to say about recent news: here are his thoughts on a New York Times editorial about the NSA surveillance programs; his reactions (part 1 and part 2) to a rather inflammatory piece at Daily Mail on Guantanamo and remarks by outgoing Defense Department official William Lietzau; and his analysis of Charlie Savage's piece about the NSA's monitoring of email communications. Paul flagged an article about XKeyscore, the latest surveillance-related activity to be disclosed. Ben flagged Brookings fellow Allan Friedman's essay in The Atlantic about the lack of contingency planning by the NSA with regards to its surveillance programs. Paul Pillar, the well-known former CIA official, wrote a hearty defense of the National Security Agency at the National Interest.  Ben shared Pillar's piece. Jack noted a Foreign Policy piece authored by Bruce Ackerman, on the freedom of speech afforded Members of Congress---including the freedom to publish certain classified material.  A few days later Paul highlighted a reaction piece written by Michael Stern over at Point of Order. Let's talk about something else. I pick cybersecurity.  This week also saw the release of the White House's policy for incentivizing the private sector to adopt its Cybersecurity Framework. Paul shared the policy on the site, as well as related memos written by various federal agencies. Delving into a topic that hasn't been discussed much on Lawfare yet, Paul also wrote about the intersection of encryption and surveillance over the internet. On to detainee-related news. The Washington Post published another piece about the United States' detention facility at Bagram airbase, and suggested that the Afghan prison now represents President Obama's "Guantanamo."  Bobby wrote that this isn't, in fact, news. As regards the real Guantanamo, I noted new filings in the so-called "Counsel Access case" now pending in the D.C. Circuit---Hatim et al. v. Obama et al. Jane shared GTMO detainees' brief in another case in that court, surrounding forced-feeding practices at the detention facility. Meanwhile, the long-running habeas appeal by detainee Al Warafi saw its latest filing: the government's response to the detainee's petition for rehearing en banc in the D.C. Circuit; Sean shared that. David J.R. Frakt wrote a lengthy guest post on salvaging the military commissions. On that topic, Wells shared Judge James Pohl's latest ruling in the Al Nashiri military commission trial.  The latter found no past monitoring of attorney-client communications at JTF-GTMO, during the relevant period, and declined to prohibit hypothetical future monitoring. From military commissions present to past: I noted that the accused's reply brief in still another D.C. Circuit case, United States v.  Al-Bahlul.   Bobby Wants You . . . to send him comments on an essay he's working on entitled "Postwar." Speaking of wanting you, undergraduates and recent college grads, please submit your application to intern with us at Brookings this fall! Law students, fear not---we have opportunities for you as well. To all students (Amazon shoppers, generally, actually) please don't forget to go through our Amazon widget to purchase your textbooks.  This goes for all students, not just the ones en route to a J.D. It's the easiest way to raise money for Lawfare without spending a dime. You buy books---or anything else---using the Amazon widget on the Lawfare sidebar, and Lawfare gets a cut. And if you're not a fan of the comic XKCD, then you should be. It does such things as produce this amusing graph. That was the week that was.