Lawfare News

The Week That Will Be

William Ford, Matt Gluck
Monday, June 22, 2020, 4:23 PM

Lawfare's weekly round-up of event announcements and employment opportunities.

Published by The Lawfare Institute
in Cooperation With
Brookings

Monday, June 22, 2020, at 2:00 p.m.: The Center for Strategic and International Studies (CSIS) held a webinar on U.S. policy in the Middle East. Jake Sullivan, nonresident senior fellow in the geoeconomics and strategy program at the Carnegie Endowment for International Peace spoke with Jon B. Alterman, senior vice president and Zbignew Brzezinski chair in global security and geostrategy and director of the Middle East program at CSIS. Sullivan and Alterman discussed the best path forward for U.S. strategy in the Middle East.

Tuesday, June 23, 2020, at 10:00 a.m.: The Senate Health, Education, Labor and Pensions Committee will hold a hearing on the lessons learned to prepare for the next pandemic. The committee will hear testimony from William Frist, the former Senate majority leader; Joneigh Khaldun, the chief medical executive in the Michigan Department of Health and Human Services; Julie Gerberding, the former director of the Centers for Disease Control and Prevention; and Michael Leavitt, the former secretary of Health and Human Services.

Tuesday, June 23, 2020, at 11:00 a.m.: The House Energy and Commerce Committee will hold a hearing on oversight of the Trump administration's response to the COVID-19 pandemic. The committee will hear testimony from Dr. Anthony Fauci, the director of the National Institute for Allergy and Infectious Diseases; Brett Giroir, the assistant secretary of Health and Human Services for health; Stephen Hahn, the commissioner of the Food and Drug Administration; and Robert Redfield, the director of the Centers for Disease Control and Prevention.

Tuesday, June 23, 2020, at 12:00 p.m.: Yale Law School will hold a webinar on Section 230 of the Communications and Decency Act. Panelists Blake Reid, clinical professor at University of Colorado Law School; Olivier Sylvain, professor of law at Fordham University Law School; and Tejas Narechania, assistant professor of law at Berkeley Law School will join Kate Klonick, assistant professor of law at St. John’s University Law School and affiliate fellow at the Yale Information Society Project to discuss the meaning of Section 230 for telecommunications and agencies. This event is part of a series of five Yale Law School webinars this week focusing on a broad set of topics relating to Section 230.

Tuesday, June 23, 2020, at 2:30 p.m.: The Senate Judiciary Committee will hold a hearing on the Foreign Sovereign Immunities Act, coronavirus and China's culpability. The committee has not yet released a witness list.

Wednesday, June 24, 2020, at 10:00 a.m.: The Senate Homeland Security and Governmental Affairs Committee will hold a hearing on the role of the Strategic National Stockpile in pandemic response. The committee will hear testimony from Julie Gerberding, the former director of the Centers for Disease Control and Prevention; Daniel Gerstein, a senior policy researcher at the RAND Corporation; W. Gregory Burel, the former director of the Strategic National Stockpile at the Department of Health and Human Services; and Andrew Phelps, the director of the Oregon Office of Emergency Management.

Wednesday, June 24, 2020 at 10:00 a.m.: The Brookings Institution will hold a webinar on the transparency of global aid. The webinar will begin with a presentation of the findings from Publish What You Fund’s 2020 Aid Transparency Index by Gary Forster, CEO of Publish What You Fund. After Forster’s opening address, there will be a panel discussion featuring Nora O’Connell, vice president for Public Policy and Advocacy at Save the Children; Henry Asor Nkang, development assistance database manager at the Ministry of Finance, Budget and National Planning, Abuja, Nigeria; Scott Hocklander, mission director for the USAID Mission in Chisinau, Moldova; and George Ingram, senior fellow in the Global Economy and Development program at the Brookings Institution, to discuss the implications of the Transparency Index’s findings for the future of aid transparency, engagement and trust and the evolution of the demand for data.

Wednesday, June 24, 2020, at 11:00 a.m.: The House Homeland Security Subcommittee on Intelligence and Counterterrorism will hold a hearing on the threat from the Islamic State and Al Qaeda. The committee will hear testimony from Michael Morrell, the former acting director of the Central Intelligence Agency, and Amb. Tina Kaidanow, the former State Department coordinator for counterterrorism.

Wednesday, June 24, 2020, at 12:00 p.m.: The House Committee on the Judiciary will hold an event on the oversight of the Department of Justice, focusing on political interference and threats to prosecutorial independence. The committee has not yet released a witness list.

Thursday, June 25, 2020, at 9:30 a.m.: The Senate Homeland Security and Governmental Affairs Committee will hold a hearing on the evolving challenges facing U.S. Customs and Border Protection. The committee will hear testimony from Mark Morgan, the senior official performing the duties of the commissioner of U.S. Custom and Border Protection.

Thursday, June 25, 2020, at 10:00 a.m.: The Brookings Institution will hold a webinar displaying a Brookings Papers on Economic Activity (BPEA) special conference on the impact of COVID-19 on the global economy. The conference will feature six sessions throughout the day focusing on new research that addresses labor markets and consumer spending, emerging markets and developing countries and the effects of safety net programs on poverty, among other pandemic-related topics.

Friday, June 26, 2020, at 9:00 a.m.: The Center for Strategic and International Studies (CSIS) will hold an online event concerning the illegal mining crisis in Venezuela. Panelists Carrie Filipetti, deputy assistant secretary for Cuba and Venezuela at the U.S. Department of State; Alessandra Pinna, senior program manager for Latin America and the Caribbean at Freedom House; Carlos Holmes Trujillo, minister of defense in the Colombian government; and Santiago Robles Monsalve, desk officer for Venezuela Migration at the European External Action Service will join CSIS experts Moises Rendon, director of The Future of Venezuela Initiative and fellow in the Americas Program; and Cristina Vollmer Burelli, senior associate in the Americas Program. The panel will discuss the harmful effects of the illegal mining activity of the Venezuelan military, armed non-state groups and gangs. The conversation will specifically address the findings of a policy brief published collaboratively by CSIS and Freedom House, titled, “Illegal Mining in Venezuela: Death and Devastation in the Amazonas and Orinoco Regions.”

The following are job announcements of potential interest to Lawfare readers. If you have an announcement to add to the page, email us.

Associate Editor, Lawfare

Lawfare is accepting applications for a new associate editor. If you’ve ever listened to our podcasts and read our articles and thought, “I want to be part of that team,” now is your chance.

This is a highly demanding job. The associate editor plays a pivotal role in the editorial process—ensuring that articles, documents, podcasts and myriad other things that go up on the site every day are up to Lawfare’s editorial standards--and you will assist with long-term research projects carried out by members of the Lawfare team. The position also provides great writing opportunities for the right person.

Lawfare is a growing, fast-paced, ever-changing organization. The ideal candidate thrives independently in such environments and wants to help shape our publication’s future.

The associate editor works at the direction of the managing editor to perform or assist with significant aspects of Lawfare's work, including:

  • Reviewing submissions for possible publication on the Lawfare website;
  • Soliciting submissions from contributors based on current developments and perceived gaps in Lawfare's coverage;
  • Processing accepted submissions to prepare them for publication;
  • Working with our podcast team to development new audio content and daily podcasts
  • Contributing to long- and short-term research projects at the direction of the senior team;
  • Ensuring final copyediting and posting of publications to the website;
  • Maintaining the Lawfare publication schedule;
  • Contributing as needed to Lawfare podcasts on topics of particular expertise or need;
  • Managing the website, including rotating highlighted pieces, posting relevant documents and livestreams, and controlling quality, in coordination with web hosting team;
  • Coordinating with book review editors and Lawfare staff to manage the workflow of book reviews;
  • Scheduling and other administrative responsibilities;
  • Assisting with fundraising and donor-required documentation, as needed;
  • Managing and hiring Lawfare interns;
  • Completing other duties as assigned by Lawfare management.

This role is an entry-level position, well-suited for recent college graduates or those with a year or two of work experience. Candidates will have a bachelor's degree, preferably in a field related to political science, government, journalism, or history. Interest in issues pertaining to national security is required, as are outstanding writing, analytical, and research skills, demonstrated through prior relevant research and other experiences. The ability to write clearly and with minimal supervision is particularly important, as are thorough knowledge of library and online research resources and the capacity to conduct independent research. Candidates must have excellent interpersonal, verbal and organizational skills as well as the ability to take initiative and work in a fast-paced environment.

Salary is competitive and commensurate with experience. Benefits include health and dental care (with premiums fully paid by Lawfare), flexible hours, and 401(k) with Lawfare matching contribution.

Lawfare is committed to creating a diverse environment and is proud to be an equal opportunity employer. All qualified applicants will receive consideration for employment without regard to race, color, religion, gender, gender identity or expression, sexual orientation, national origin, genetics, disability, age, or veteran status.

HOW TO APPLY: Please submit a note to applications@lawfareblog.com with the subject line [ASSOCIATE EDITOR APPLICATION: your name] that contains these two items (and only these two items) within a single document: (1) a resume that shows the experience and education requested above; and (2) a cover letter of no more than two pages that explains how you plan to apply your skills and experiences to Lawfare and includes at least two references, with email addresses, of people directly familiar with your work. We anticipate many applications; not following these instructions will result in your application not being considered.

Staff Attorney 1, Institute for Constitutional Advocacy and Protection (ICAP) - Georgetown University Law Center

The ICAP Staff Attorney 1 will bring to bear advanced legal skills and extensive litigation experience to drive ICAP' s complex litigation work, including with responsibilities (1) to pursue impact litigation in defense of constitutional rights and values and (2) to involve Georgetown Law students in such efforts. The ICAP Staff Attorney 1 will have duties that include, but are not limited to:

  • Engage in legal research and fact gathering, as well as draw on legal research and fact gathering provided by students, research assistants, and other ICAP attorneys, to assist in crafting constitutional impact litigation strategies in close coordination with the lnstitute's Legal Director and Executive Director.
  • Draw on extensive previous legal experience, will carefully draft, revise, and edit briefing materials to be filed in court pertaining to those cases; will assist in mooting the advocates presenting and arguing the cases; and may have opportunities to present and argue cases at the trial court and appellate level.
  • Support ICAP's leadership in overseeing a practicum seminar designed to involve Georgetown Law students in understanding the nature of constitutional impact litigation and in contributing to ICAP's work.
  • Responsible for conceptualizing and implementing litigation strategies and tactics in complex court cases, including cases involving multiple plaintiffs and defendants; class actions; cases involving a wide range of legal claims, potentially to include a mix of federal-law and state- law claims; and cases arising in federal courts as well as in state courts around the country.

The ICAP Staff Attorney 1 will be supervised by ICAP's Executive Director and Legal Director. The ICAP Staff Attorney 1 will work closely with ICAP's other attorneys engaged in factual development, legal research, writing, and case presentation in support of ICAP's litigation efforts. Additionally, the ICAP Staff Attorney 1 will, as circumstances dictate, interact with other Georgetown Law faculty supporting ICAP's work on particular cases and with students participating in the practicum seminar offered in connection with ICAP's work. In doing so, the ICAP Staff Attorney 1 will be critical to fulfilling ICAP's mission of harnessing the talent and expertise of Georgetown Law's faculty and students in contributing to strategically selected, complex constitutional litigation on cutting-edge issues and exposing the law school community to such work.

Qualifications

  • Required are a B.A. and a J.D., and 2 years of experience.
  • Preferred is experience as a federal court clerk, ideally to include at the district court level, as well as 2-5 years of experience in legal work after law school (including clerkship time), ideally in litigation

Staff Attorney 2, Institute for Constitutional Advocacy and Protection (ICAP) - Georgetown University Law Center

The ICAP Staff Attorney 2 will drive results in complex, fast-moving, high-impact litigation to defend key constitutional rights and values, as well as related legal rights. He or she will do so by employing diverse litigation experience as well as exceptional legal abilities. The ICAP Staff Attorney 2’s responsibilities will include (1) conceptualizing and effectuating high-impaction litigation in defense of constitutional rights and values and (2) ensuring that Georgetown Law students are meaningfully and materially integrated into those litigation efforts. In particular, the ICAP Staff Attorney 2 has duties that include, but are not limited to:

  • Engage in factual development and legal research, and will draw on legal research provided by students, research assistants, and other ICAP attorneys to assist in conceiving of and then driving constitutional impact litigation strategies in close coordination with the Institute’s Legal Director and Executive Director. This will include determining when litigation represents a promising mechanism for pursuing the defense of constitutional rights, then conceptualizing how litigation might be used in such circumstances and exploring the possibilities of filing such a suit—to include the identification of, and outreach to, potential plaintiffs and partner organizations.
  • Draw on high-level previous litigation and legal writing experience and the years of feedback received on it, will carefully draft, revise, and edit briefing materials to be filed in court pertaining to those cases, at times with ultimate responsibility for the filings themselves; will assist in mooting the oral advocates presenting and arguing the cases; and will present evidence and oral argument directly in courts, potentially at all levels of the state and federal court systems.
  • Often assume the lead role in individual cases, subject to the supervision of the Legal Director and Executive Director.
  • Closely support ICAP's leadership in overseeing a practicum seminar designed to involve Georgetown Law students in understanding the nature of constitutional impact litigation and in contributing to ICAP's work.
  • Responsible for identifying opportunities for, then developing and acting on, litigation strategies and tactics in extremely complex court cases, including cases involving multiple plaintiffs and defendants; class actions; cases involving a wide range of legal claims, potentially to include a mix of federal-law and state- law claims; and cases arising in federal courts as well as in state courts around the country.

The ICAP Staff Attorney 2 will be supervised by ICAP's Executive Director and Legal Director. The ICAP Staff Attorney 2 will work closely with ICAP's other attorneys engaged in factual development and legal research and writing in support of ICAP's litigation efforts. Additionally, the ICAP Staff Attorney 2 will coordinate directly with ICAP’s co-counsel in litigation and, moreover, will interact with other Georgetown Law faculty supporting ICAP's work on particular cases and with students participating in the practicum seminar offered in connection with ICAP’s work. All told, the ICAP Staff Attorney 2 will be essential to fulfilling ICAP's mission of harnessing the talent and expertise of Georgetown Law's faculty and students in designing and effectuating strategically selected, complex constitutional litigation on cutting-edge issues and exposing the law school community, including students in the ICAP practicum, to such work in meaningful ways.

Qualifications

  • Required are a B.A. and a J.D.
  • Preferred is experience as a federal court clerk, ideally to include at the district court level, as well as 6-10 years of experience in legal work after law school (including clerkship time).

Executive Director, UnLocal

UnLocal, a community-centered nonprofit organization providing legal representation and community education to New York City’s undocumented immigrant communities, is seeking nominations and applications for the position of Executive Director.

UnLocal is committed to a community-centered, grassroots approach to protecting the rights and enhancing the lives of undocumented immigrants in New York City and providing legal representation to clients who are typically passed over by peer organizations. UnLocal’s model of addressing the needs of immigrants at a community level has promoted its rapid expansion to meet new levels of demand as local, state, and federal policies have been enacted that result in widespread violations of immigrants’ rights. In the past two years, UnLocal’s annual budget has nearly doubled from $700,000 to $1.3 million.

As it continues to build capacity through this period of growth, UnLocal seeks a leader who will steward a shared vision that is responsive to community needs and is driven by the passion and commitment of UnLocal’s team and Board members; who will build and cultivate relationships with all external stakeholders – including community leaders, funders, and partners; and who will lead operational and programmatic oversight across the organization. Succeeding UnLocal’s well-respected founder, Michele Lampach, the new leader will support UnLocal’s dedicated and talented team and direct the organization’s continued development to best serve New York’s immigrant communities. The ED will work closely with staff across the organization and at all levels to continue to foster UnLocal’s unique culture of creativity and collaboration and identify opportunities for increased support and development.

The ideal candidate will be an inclusive, passionate leader with a deep understanding of the tools and pathways for protecting the rights of and serving undocumented immigrants by delivering the highest quality legal and community education services. She/He/They will bring leadership experience in a legal and/or nonprofit setting and a deep focus on community centered advocacy. She/He/They will be adept at fundraising and skilled in developing new relationships and deepening existing relationships with funders. The new Executive Director will be a caring manager who excels at supporting, mentoring, and motivating staff; developing structures and processes that ensure services are customer and community centered; and supporting teams that work closely with individuals experiencing trauma. A deep connection to UnLocal’s mission to support and protect the rights of New York City’s undocumented immigrant communities is necessary, and lived experience and a personal connection to impacted communities is highly preferred.

Professional Staff Member/Security Officer, The House Committee on the Judiciary

Job Description:

The House Committee on the Judiciary seeks a Professional Staff Member/Security Officer. Responsibilities include participating in a wide range of oversight projects, assisting in preparation for Committee hearings and markups, providing research assistance, and managing access to the Committee’s secure facility. Ideal candidates should be highly detailed oriented, experience handling large volumes of information, and demonstrated ability to meet precise deadlines. An active security clearance is a plus. The Committee strives to ensure that our staff reflects the diversity of the country’s population; candidates from minority backgrounds are strongly encouraged to apply. The Committee does not discriminate on the basis of race, color, religion, sex (including marital or parental status, sexual orientation, and gender identity), disability, age, or national origin. To apply, please send a resume and cover letter to Job.JDEM@mail.house.gov. Please include in the subject line: PSM/Security Officer.

Attorney-Advisor, Privacy and Civil Liberties Oversight Board (PCLOB)

Job Title: Attorney-Advisor

Agency: Privacy and Civil Liberties Oversight Board

Salary Range: $99,172 – $156,000/ Per Year

Series/Grade: The agency uses the Administratively Determined system in which rank is attached to the individual. The salary range for this position is statutorily capped at $156,000.

Position Information: This is an opportunity for permanent employment in the excepted service. You will be required to serve a two-year trial period.

Duty Location: Washington, DC

Who May Apply: Open to the public. U.S. citizenship required.

Security Clearance: Must have or be able to obtain a TOP SECRET – Sensitive Compartmented Information (TS-SCI) Security clearance. If you already have a TS/SCI clearance, please highlight your last investigation date in your application.

Agency Mission
The Privacy and Civil Liberties Oversight Board’s responsibilities comprise two basic functions: oversight and advice. In its oversight role, the Board is authorized to continually review the implementation of executive branch policies, procedures, regulations, and information sharing practices relating to efforts to protect the nation from terrorism, in order to ensure that privacy and civil liberties are protected. The Board is also authorized to continually review any other actions of the executive branch relating to efforts to protect the nation from terrorism, in order to determine whether such actions appropriately protect privacy and civil liberties and whether they are consistent with governing laws, regulations, and policies regarding privacy and civil liberties. In its advice role, the Board is authorized to review proposed legislation, regulations, and policies related to efforts to protect the nation from terrorism (as well as the implementation of new and existing policies and legal authorities), in order to advise the President and executive branch agencies on ensuring that privacy and civil liberties are appropriately considered in their development and implementation.

The primary purpose of this position is to perform duties as an Attorney-Advisor, working under general supervision in the form of broad policy and program guidance. Attorney-Advisors are expected to accomplish assigned functions on their own initiative, independently formulate requirements, responsibly allocate available resources, and develop, recommend, and monitor implementation of agency policies and procedures. Prior experience related to legal and policy issues implicating privacy, civil liberties, and/or counterterrorism or national security matters is strongly preferred.

Major Duties and Responsibilities

  1. Serve as an attorney with limited supervision while gathering factual information, conducting legal and policy analysis, and providing legal expertise to the Board in complex investigations and/or reviews.

  2. Prepare memoranda and make appropriate recommendations to the Board.

  3. Respond in writing and orally to inquiries from Members of the Board regarding the status of investigations and/or reviews, research and analysis, and policy implications of existing and proposed programs and making recommendations to the Board.

  4. Summarize reports received from the intelligence community and other agencies and extract essential information.

  5. Assist the Board in reviewing and analyzing federal counterterrorism programs pursuant to its mission to ensure that both existing and proposed programs adequately safeguard privacy and civil liberties.

  6. Advise and assist in the identification of issues and recommendations by providing policy advice, conducting research, and carrying out investigations, as required.

  7. Analyze privacy and civil liberties-related issues, national security and counterterrorism programs and assist the Board in understanding how programs operate.

  8. Assist in drafting Board reports evaluating efforts to protect the nation from terrorism and other Board reports to the President, Congress and the public, as well as drafting congressional testimony, letters, and other documents to carry out the Board’s responsibilities.

  9. Represent the Board in interactions with officials from other departments and agencies of the Federal government, the private sector, and non-governmental organizations, as required.

  10. Utilize superior oral and written communication skills, including the ability to produce clear, logical, and concise products that are targeted to and meet the needs of diverse audiences with different perspectives and objectives, while demonstrating analytical and critical thinking skills, including the ability to identify issues and to develop process improvements, and working effectively and collaboratively with team members and other agency employees.

Educational Requirements
Must possess a J.D. or LL.B. and be a member in good standing of a state bar or the District of Columbia bar.

Application Process
Please send the following required documents to jobs@pclob.gov with the title “Attorney-Advisor”: Cover letter, resume, and writing sample (10 pages or less). If you are less than 3 years out of college or law school, please also include a transcript. All submitted materials must be at the UNCLASSIFIED level. If all the materials above are not received, your application will be evaluated solely on the information available and you may not receive full consideration or may not be considered eligible. Candidates selected for an interview may be asked to provide references and undergo a writing assessment.

A candidate’s application may be considered for other eligible vacant positions at the agency. The candidate will be contacted if considered for another eligible vacant position.

Closing Date
A panel will convene to evaluate applications on a rolling basis until the position is filled. A review of your application will be made to determine whether you meet the job requirements. To determine if you are qualified for this job, your resume and supporting documentation will be evaluated. Candidates will be placed into categories of “best qualified”, “qualified”, and “not qualified”. If, after reviewing your resume and or supporting documentation, a determination is made that you have inflated your qualifications and/or experience, you may be placed in a different category. Please follow all instructions carefully. Errors or omissions may affect your categorization.

No Travel Expenses for Interview
Candidates from outside the Washington, D.C., area may be selected for a telephone or in-person interview. If selected for an in-person interview, any travel or lodging will be at the applicant’s personal expense.

Telework, Travel and Benefits
Telework may be made available per agency policy.

If you use public transportation, part of your transportation costs may be subsidized. Our budget office can provide additional information on how this program is run.

A career with the U.S. Government provides employees with a comprehensive benefits package.


Topics:
William Ford is an impact associate at Protect Democracy. He previously was an appellate litigation fellow in the New York Attorney General's Office and a research intern at Lawfare. He holds a bachelor's degree with honors from the College of the Holy Cross.
Matt Gluck is a research fellow at Lawfare. He holds a BA in government from Dartmouth College.