The Week That Was: All of Lawfare in One Post

Jack continued to analyze the ISIS-AUMF controversy this week, and noted that history suggests Congress will only authorize force against ISIS “if the President proposes and pushes for an authorization (or screws up unilateral force badly).” Later, he argued here and here that the Obama administration violated the War Powers Resolution “unless it is right about the applicability of the AUMFs” to ISIS. He also responded to Ryan Goodman’s “hopeful take” on the possibility of ending the Forever War. On Wednesday, Cody publicized the 11 “rules” ISIS recently issued to journalists in areas under its command. This week, Wells and I attended the preliminary injunction hearing in the case of Guantanamo detainee and intermittent hunger-striker, Abu Wa’El (Jihad) Dhiab. We composed a three-part readout of the courtroom proceedings, which can be found here, here and here. Speaking of Dhiab, Jack analyzed Judge Kessler’s recent videotape order in the case and explained why it is “remarkable.” Ben had the following to say about reports President Obama was considering a unilateral executive action to close Guantanamo: “I will believe this the day it happens, and not a moment before.” Wells also analyzed these reports, and expressed skepticism about the possibility raised by the Journal’s Jess Bravin and Carol Lee: that President Obama could “sign the bill while declaring restrictions on the transfer of Guantanamo prisoners an infringement of his powers as commander in chief.” John opined that the current rancor over closing Guantanamo is just the latest salvo in a “long-running partisan battle” over the issue. Alex Ely noted that the Supreme Court did not just deny  certiorari in the same-sex marriage cases this week; it also rejected petitions in the Mehanna and Ali cases. Jane announced that the Fourth Circuit affirmed the 2012 refusal to vacate the sentence in the United States v. Abu Ali case. She also noted that Ali Hamza Al Bahlul filed his reply brief this week in Bahlul v. United States, and summarized its arguments. Ben shared videos of some recent NSA debates, including one at Georgetown entitled, “The NSA, Privacy & the Global Internet: Perspectives on EO 12333,” and one held by Intelligence Squared US, “Mass Collection of US Phone Records Violates the Fourth Amendment.” Andy Wang shared the recent NSA report on civil liberties and privacy protections under EO 12333 and summarized its contents. Jane noted that the plaintiffs in Klayman v. Obama filed their reply to the government’s response and reply brief. She also announced the beginning of oral argument in Under Seal v. Holder on Wednesday, and gave an overview of the trial so far. Regarding the protests in Hong Kong, Paul Rosenzweig noted that Chinese cyberattacks against demonstrators are “incredibly sophisticated.” Not only that, but they are also targeting the popular Firechat app, which was thought to be relatively safe from government control. Paul also linked to a few stories examining the national security implications of 3D printing technology. In this week’s Steptoe Cyberlaw Podcast, Stewart Baker interviewed Rob Corbet, “a partner and head of the Technology and Innovation group in Arthur Cox, a large Irish law firm.” They discussed Ireland’s dynamic role in data protection issues and the replacement of the country’s longstanding data protection commissioner, among other topics. Alex Ely noted Twitter’s recent suit against Attorney General Eric Holder, the DOJ, FBI Director James Comey, and the FBI, and summarized the internet giant’s complaints. In this week’s Foreign Policy Essay, Joshua Rovner, an associate professor at Southern Methodist University, argued that exaggerating ISIS’s strength may have detrimental intelligence consequences and possibly augment their strength in the region. In the 94th episode of the Lawfare Podcast (@lawfarepodcast), Jennifer Williams sat down with terrorism scholar Audrey Kurth Cronin to discuss ISIS, al Qaeda, and the “bloated counterterrorism bureaucracy that has emerged since 9/11,” among other topics. Looking for a first-hand account of the Hong Kong protests? This week, Sophia Yan, a reporter at CNNMoney and Lawfare's official pianist, provided an inside look at the demonstrations rocking this semi-autonomous Chinese city. As the Ebola epidemic has worsened in West Africa and spread to other countries, including the US, calls to screen passengers from “Ebola hot zones,” or shut down air traffic to them altogether, have increased. In light of this, Paul summarized the law and policy questions underlying “Ebola interdiction.” Paul also linked to Department of Homeland Security Secretary Jeh Johnson’s recent speech on “Border Security in the 21st Century.” Finally, Ben examined whether or not the controversial opera entitled, “The Death of Klinghoffer,” is anti-Semitic and/or justifies terrorism, as its detractors claim. His conclusion: it’s not, and it doesn’t. And that was the week that was.