Category: Lawfare

The CIA, Covert Action and Operations in Cyberspace

Read the original article: The CIA, Covert Action and Operations in Cyberspace Central Intelligence Agency Original Headquarters Building (Central Intelligence Agency, https://flic.kr/p/9fxzoc; U.S. government work, https://www.usa.gov/government-works) In a major story this morning, Yahoo News (Zach Dorfman, Kim Zetter, Jenna McLaughlin…

Time to Amend the Presidential Pardon Power

Read the original article: Time to Amend the Presidential Pardon Power President Trump greets First Lieutenant Clint Lorance before speaking at a Florida Republican Party event on December 7, 2019 (Source: The White House) President Trump’s commutation of the sentence…

The Federal Government’s Aggressive Prosecution of Protestors

Read the original article: The Federal Government’s Aggressive Prosecution of Protestors Demonstrators stand in front of Capitol Hill on May 30, 2020 in protest of police brutality following the death of George Floyd. (By Geoff Livingston, https://flic.kr/p/2j7tHj7; CC BY-NC-ND 2.0,…

White Supremacist Prosecutions Roundup

Read the original article: White Supremacist Prosecutions Roundup Armed men standing at a January 2020 Virginia Second Amendment Rally wearing shirts associated with the Boogaloo movement (Anthony Crider/https://flic.kr/p/2ihJtRs/CC BY 2.0/https://creativecommons.org/licenses/by/2.0/) The United States faces a growing terrorism problem from the…

Wuhan, From the Cultural Revolution to COVID-19

Read the original article: Wuhan, From the Cultural Revolution to COVID-19 Members of China's Cultural Revolution Group in 1967. Photo credit: Wikimedia Editor’s Note: Wuhan is now known as ground zero for the coronavirus, but 50 years ago it was…

The Roger Stone Commutation Is Even More Corrupt Than It Seems

Read the original article: The Roger Stone Commutation Is Even More Corrupt Than It Seems Roger Stone coming out of court after being found guilty on all seven counts, November 2019. (Flickr/Victoria Pickering, https://flic.kr/p/2hLcrr1; CC BY-NC-ND 2.0, https://creativecommons.org/licenses/by-nc-nd/2.0/) President Trump’s…

Trump’s Aberrant Pardons and Commutations

Read the original article: Trump’s Aberrant Pardons and Commutations President Donald Trump walks into Marine One on the White House's South Lawn (Official White House Photo by Joyce N. Boghosian/https://flic.kr/p/2jjXpwK/Public Domain) Donald Trump’s commutation yesterday of Roger Stone’s sentence was…

The Strategic Logic of Russia’s Bounty Policy

Read the original article: The Strategic Logic of Russia’s Bounty Policy U.S. Army Soldiers explore mountains in the Andar Province of Afghanistan on June 6, 2007. (Source: U.S. Army, https://flic.kr/p/2JtccF)) On June 26, the New York Times reported that Russian…

Submarine Cables in the Law of Naval Warfare

Read the original article: Submarine Cables in the Law of Naval Warfare A member of SEAL Delivery Vehicle Team Two prepares to launch one of the team’s vehicles from the back of the USS Philadelphia submarine during a training exercise…

The Supreme Court Rules in the Trump Subpoena Cases

Read the original article: The Supreme Court Rules in the Trump Subpoena Cases A black-and-white photo showing a laptop screen displaying the CSPAN livestream of oral arguments in Trump v. Mazars and Trump v. Vance. President Trump went to the…

The Durham Investigation: What We Know and What It Means

Read the original article: The Durham Investigation: What We Know and What It Means President Trump and Attorney General Bill Barr in the Oval Office, May 28, 2020 (Source: Official White House Photo by Shealah Craighead, https://flic.kr/p/2j6Pv4b; Public Domain, https://creativecommons.org/publicdomain/mark/1.0/)…

Blocking International Students is an Attack on America’s Future

Read the original article: Blocking International Students is an Attack on America’s Future Widener Library at Harvard University. (Source: John Phelan, https://tinyurl.com/ych643uo; CC BY 3.0, https://creativecommons.org/licenses/by/3.0/deed.en) In 1981, Peter Tsai came to the U.S. from Taiwan on a student visa.…

The Reviews Be Damned: ‘Space Force’ Is Awesome

Read the original article: The Reviews Be Damned: ‘Space Force’ Is Awesome Combat utility uniform of the U.S. Space Force (U.S. Space Force, https://commons.wikimedia.org/wiki/File:SpaceForce_OCP_uniform.jpg; Public Domain, https://commons.wikimedia.org/wiki/Commons:Licensing#Material_in_the_public_domain) The reviews were nearly unanimous. The Verge called it “[a]stonishingly bad” and “astonishingly…

The Imaginary Unitary Executive

Read the original article: The Imaginary Unitary Executive Steel engraving of Federal Hall in New York, the site of the first two sessions of Congress. By Robert Hinshelwood, from Washington Irving's Life of George Washington, 5 vol. (1855-59). On June…

Israel Reauthorizes Shin Bet’s Coronavirus Location Tracking

Read the original article: Israel Reauthorizes Shin Bet’s Coronavirus Location Tracking Knesset at dusk (Source: zeevveez, https://flic.kr/p/cfeU8Q; CC BY 2.0, https://creativecommons.org/licenses/by/2.0/) In its attempts to contain the spread of the novel coronavirus, Israel has employed a measure that has not…

China Enacts Hong Kong Security Law; India Bans Dozens of Chinese Apps

Read the original article: China Enacts Hong Kong Security Law; India Bans Dozens of Chinese Apps A bus advertisement criticizing the national security law passed by Beijing. (Source: Bus Roundel Hong Kong, https://flic.kr/p/2jeQwa5; CC BY-SA 4.0, https://creativecommons.org/licenses/by-sa/4.0/) China Enacts Hong…

What’s New in the Unredacted Mueller Report?

Read the original article: What’s New in the Unredacted Mueller Report? An open newspaper shows every page of the redacted Mueller report. (Flickr/outtacontext, https://flic.kr/p/2fvqYC3; CC BY-NC-ND 2.0, https://creativecommons.org/licenses/by-nc-nd/2.0/) If you strain your memory very hard, you might recall a man…

The Supreme Court Rules Against Judicial Review of Expedited Removal

Read the original article: The Supreme Court Rules Against Judicial Review of Expedited Removal The U.S.-Mexico border in Jacumba Springs, California. (Anthony Albright, https://flic.kr/p/Rba2Fm; CC BY SA 2.0, https://creativecommons.org/licenses/by-sa/2.0/) On June 25, the Supreme Court ruled 7-2 that Vijayakumar Thuraissigiam,…

Thuraissigiam and the Future of the Suspension Clause

Read the original article: Thuraissigiam and the Future of the Suspension Clause Demonstrators protest United States immigration policy in Washington, D.C. in 2017. (Ted Eytan, https://tinyurl.com/yd9pttcb; CC BY-SA 2.0, https://creativecommons.org/licenses/by-sa/2.0/deed.en) On June 25, the Supreme Court issued its much-anticipated holding…

Why the Attorney General’s Meddling on Antitrust Issues Matters

Read the original article: Why the Attorney General’s Meddling on Antitrust Issues Matters Attorney General William Barr at the White House, Sept. 2019 (Official White House Photo by Shealah Craighead, https://flic.kr/p/2hd8vXf; Public Domain, https://creativecommons.org/publicdomain/mark/1.0/) Last week, two career Justice Department…

Canadian Authorities Charge Teenager With Terrorism Over Incel-Based Violence

Read the original article: Canadian Authorities Charge Teenager With Terrorism Over Incel-Based Violence Toronto police cars at a crime scene. (Source: Hillelfrei, https://tinyurl.com/y6u43otw; CC BY-SA 4.0, https://creativecommons.org/licenses/by-sa/4.0/deed.en) On May 19, Canadian authorities charged a 17-year-old teenager with terrorist activity in…

The Geopolitical Ramifications of Starlink Internet Service?

Read the original article: The Geopolitical Ramifications of Starlink Internet Service? A satellite image shows a space view of nighttime city lights in the Iberian Peninsula. (Source: NASA) Starlink is a space-based internet service provider that seeks to provide high-speed…

Cascading Security Through the Internet of Things Supply Chain

Read the original article: Cascading Security Through the Internet of Things Supply Chain A Nest Learning Thermostat connected to the internet sits on a TV cabinet. (Source: George Lane, https://flic.kr/p/2bH2dSc; CC BY 2.0, https://creativecommons.org/licenses/by/2.0/) The “internet of things” (IoT) has…

Federal Privacy Legislation Should Protect Civil Rights

Read the original article: Federal Privacy Legislation Should Protect Civil Rights A view of the U.S. Capitol Dome and Senate Fountain. (Source: Flickr/Architect of the U.S. Capitol) Editor’s Note: This article is part of a three-part Lawfare series on how…

The Case Against EU Cyber Sanctions for the Bundestag Hack

Read the original article: The Case Against EU Cyber Sanctions for the Bundestag Hack The German Bundestag in Berlin. (By: Herman, https://flic.kr/p/7Wdkns; CC BY-SA 2.0, https://creativecommons.org/licenses/by-sa/2.0/) The German Ministry of Foreign Affairs informed Moscow on May 28 that the German…

The Law of Classified Information: A Primer

Read the original article: The Law of Classified Information: A Primer Former National Security Adviser John Bolton speaks at the Conservative Political Action Conference (CPAC) in Maryland on February 23, 2018. (Gage Skidmore, https://flic.kr/p/24FQp8h; CC BY-SA 2.0, https://creativecommons.org/licenses/by-sa/2.0/) The ongoing…

What’s in the Many Coronavirus-Related Lawsuits Against China?

Read the original article: What’s in the Many Coronavirus-Related Lawsuits Against China? The Chinese flag flies in Tiananmen Square in Beijing, China (By: Dave Gray, https://flic.kr/p/7v5usy; CC BY-NC-ND 2.0, https://creativecommons.org/licenses/by-nc-nd/2.0/) Since the beginning of the coronavirus pandemic, there has been…

Did Twitter Violate U.S. Sanctions Law?

Read the original article: Did Twitter Violate U.S. Sanctions Law? U.S. Senator Ted Cruz of Texas speaking at the 2018 Conservative Political Action Conference in National Harbor, Maryland. (Gage Skidmore, https://flic.kr/p/24DyXZJ; CC BY-SA 2.0, https://creativecommons.org/licenses/by-sa/2.0/) Is Twitter breaking the law…

What’s Going on With France’s Online Hate Speech Law?

Read the original article: What’s Going on With France’s Online Hate Speech Law? The facade of the Assemblée Nationale, France's lower house of parliament, Paris, 2007 (Graham Chandler/https://flic.kr/p/L3DQ4/CC BY-NC-ND 2.0/https://creativecommons.org/licenses/by-nc-nd/2.0/) In mid-May, France adopted a new law aimed at overhauling…

What Does the COVID-19 Pandemic Mean for Climate Change?

Read the original article: What Does the COVID-19 Pandemic Mean for Climate Change? Smoke stacks at the Cleveland-Cliffs Northshore Mining Company in Silver Bay, Minnesota on July 9, 2019. (Tony Webster, https://flickr.com/photos/87296837@N00/48659848652; CC-BY-2.0, https://creativecommons.org/licenses/by/2.0/deed.en) Venetian canals are clear enough to…

The Flood of Online Misinformation Around the George Floyd Protests

Read the original article: The Flood of Online Misinformation Around the George Floyd Protests Protests in Minnesota following George Floyd's killing, May 29, 2020 (Hungry Ogre Photos, https://flic.kr/p/2j6EHG1; CC0 1.0, https://creativecommons.org/publicdomain/zero/1.0/) Over the past few weeks, the streets of American…

How Debates About Police Reform Echo Arguments Over Counterinsurgency

Read the original article: How Debates About Police Reform Echo Arguments Over Counterinsurgency Police officers in riot gear stand outside a building on a dark street. (Flickr/Roscoe Myrick, https://flic.kr/p/Tk5U7F; CC BY 2.0, https://creativecommons.org/licenses/by/2.0/) There are striking similarities between the current…

Five Questions about Geoffrey Berman’s Removal

Read the original article: Five Questions about Geoffrey Berman’s Removal Attorney General Barr speaks at the launch of Voluntary Principles to Counter Online Child Sexual Exploitation and Abuse, March 5, 2020. (Justice Department/https://www.justice.gov/entity-popup/file/1256336/Public Domain) The president’s removal of Geoffrey S.…

The Justice Department’s Thoughtful Proposals for Section 230 Reform

Read the original article: The Justice Department’s Thoughtful Proposals for Section 230 Reform Attorney General Barr speaks at the launch of Voluntary Principles to Counter Online Child Sexual Exploitation and Abuse, March 5, 2020. (Justice Department/https://www.justice.gov/entity-popup/file/1256336/Public Domain) Section 230 of…

Why Do Some Protests Turn Violent and Others Don’t?

Read the original article: Why Do Some Protests Turn Violent and Others Don’t? A crowd of protestors hold signs at a demonstration on June 4, 2020. (Source: Pexels, https://tinyurl.com/ycmx9cqf, https://www.pexels.com/license/) Protests against police brutality and coronavirus lockdowns have gripped the…

Why Was Tear Gas Used to Quell American Protests?

Read the original article: Why Was Tear Gas Used to Quell American Protests? Members of the St. Paul Police Department stand near a Goodwill store after firing tear gas canisters at demonstrators on May 28, 2020 (https://flic.kr/p/2j6JTYp; CC0 1.0, https://creativecommons.org/publicdomain/zero/1.0/)…

Questions for the Government in the Bolton Book TRO Hearing(s)

Read the original article: Questions for the Government in the Bolton Book TRO Hearing(s) John Bolton sits on stage at the 2018 Conservative Political Action Conference (CPAC) in National Harbor, Maryland (Gage Skidmore/https://flic.kr/p/24BRQ9w/CC BY-SA 2.0/https://creativecommons.org/licenses/by-sa/2.0/) Yesterday we analyzed the government’s…

On Facial Recognition, the U.S. Isn’t China—Yet

Read the original article: On Facial Recognition, the U.S. Isn’t China—Yet A security camera in Mount Vernon, Washington. (By: Cody Logan, https://tinyurl.com/y9r6p7sq; CC BY-SA 4.0, https://creativecommons.org/licenses/by-sa/4.0/deed.en) As protests grow, the police leverage their technological advantage. Widespread surveillance cameras capture the…

Assessing the Government’s Lawsuit Against John Bolton

Read the original article: Assessing the Government’s Lawsuit Against John Bolton John Bolton speaks at a conference in 2015. (Flickr/Gage Skidmore, https://flic.kr/p/r8eSLE; CC BY-SA 2.0, https://creativecommons.org/licenses/by-sa/2.0/) The U.S. government filed a civil suit on June 17 against former National Security…

Israel’s Annexation in the Age of Great Power Competition

Read the original article: Israel’s Annexation in the Age of Great Power Competition U.S. Secretary of State Mike Pompeo meets with Israeli Prime Minister Benjamin Netanyahu on October 18, 2019. (Source: State Department Photo by Ron Przysucha) Editor’s Note: This…

How Platforms Can Prevent Misinformation Like #dcblackout

Read the original article: How Platforms Can Prevent Misinformation Like #dcblackout Protestors in D.C. march on May 30, 2020, in response to the death of George Floyd. (By: Victoria Pickering, https://flic.kr/p/2j7eHpq; CC BY-NC-ND 2.0, https://creativecommons.org/licenses/by-nc-nd/2.0/) On June 1, citizens in…

Negotiating With Jihadists in the Sahel and Nigeria

Read the original article: Negotiating With Jihadists in the Sahel and Nigeria French soldiers attend the inauguration of Ibrahim Boubacar Keita as the president of Mali on Sept. 13, 2019, in Bamako, Mali. Photo credit: MINUSMA/Marco Dormino via Flickr https://www.flickr.com/photos/minusma/9825789905;…

Oral Argument Summary: In re: Michael Flynn

Read the original article: Oral Argument Summary: In re: Michael Flynn Protestors stand outside the federal courthouse during Michael Flynn's 2018 sentencing hearing. (Flickr/Laurie Shaull, https://flic.kr/p/2dzkP5C; CC BY-SA 2.0, https://creativecommons.org/licenses/by-sa/2.0/) The U.S. Court of Appeals for the D.C. Circuit today,…

Can Law Enforcement Officers Refuse to Identify Themselves?

Read the original article: Can Law Enforcement Officers Refuse to Identify Themselves? A protestor takes a photograph of a police officer at a 2012 protest in Minneapolis. (Flickr/Blink O'fanaye, https://flic.kr/p/bg4MMc; CC BY-NC 2.0, https://creativecommons.org/licenses/by-nc/2.0/) On June 3, protestors in Washington,…

D.C. Circuit Hears Arguments in Michael Flynn Case

Read the original article: D.C. Circuit Hears Arguments in Michael Flynn Case At 9:30am on June 12, the U.S. Court of Appeals for the D.C. Circuit will hear arguments in the case of Michael Flynn. Flynn has petitioned the appeals…

The Shoddy History Behind a Key Precedent in the Flynn Case

Read the original article: The Shoddy History Behind a Key Precedent in the Flynn Case Media outside the E. Barrett Prettyman United States Courthouse. (Flickr/Victoria Pickering, https://flic.kr/p/G4zzwK; CC BY-NC-ND 2.0, https://creativecommons.org/licenses/by-nc-nd/2.0/) When U.S. District Judge Emmet G. Sullivan’s appointed amicus…

Come Work With Us—As Our New Associate Editor!

Read the original article: Come Work With Us—As Our New Associate Editor! I’m excited to announce that we are now accepting applications for a new associate editor at Lawfare. If you’ve ever listened to our podcasts and read our articles…

The Pentagon’s Proposal to Fill the Swamp

Read the original article: The Pentagon’s Proposal to Fill the Swamp The Pentagon, looking northeast with the Potomac River and Washington Monument behind. (Source: Official Defense Department Photo by Master Sgt. Ken Hammond) Why is the Pentagon trying to grease…

What Made Trump’s Protest Response in D.C. Unique?

Read the original article: What Made Trump’s Protest Response in D.C. Unique? Soldiers sit in front of the Lincoln Memorial on June 6, 2020. (By: Victoria Pickering, https://flic.kr/p/2j9Nu4o; CC BY-NC-ND 2.0, https://creativecommons.org/licenses/by-nc-nd/2.0/) In his June 1 remarks responding to the…

Energy Grid Supply-Chain Risks and U.S.-China Entanglement

Read the original article: Energy Grid Supply-Chain Risks and U.S.-China Entanglement Source: https://www.flickr.com/photos/42787780@N04/8644780228 On May 1, President Trump signed an executive order on securing the U.S. bulk-power system, aimed at limiting foreign influence in the U.S. energy grid by targeting…

Health Diplomacy in Africa: Competition and Opportunity

Read the original article: Health Diplomacy in Africa: Competition and Opportunity The World Food Programme distributes aid in Zimbabwe while observing social distancing guidelines in April 2020. Photo credit: Claire Neville/WFP via USAID on Medium Editor’s Note: The coronavirus pandemic…

Southeast Asia’s Overlooked Foreign Fighter Problem

Read the original article: Southeast Asia’s Overlooked Foreign Fighter Problem Indonesian President Joko Widodo addresses a crowd at the Brookings Institution in Washington, D.C. in 2015 (Brookings Institution/Paul Morigi/https://flic.kr/p/BBbG98/CC BY-NC-ND 2.0/https://creativecommons.org/licenses/by-nc-nd/2.0/) The Syrian Democratic Forces (SDF) continues to confront a…

How to Fix America’s Failing Sanctions Policy

Read the original article: How to Fix America’s Failing Sanctions Policy U.S. Department of the Treasury (Nathan Rupert, https://flic.kr/p/uJ3y7y; CC BY-NC-ND 2.0, https://creativecommons.org/licenses/by-nc-nd/2.0/) In his landmark 1921 book “The Command of the Air,” the Italian military theorist Giulio Douhet argued…

On Rod Rosenstein’s Peculiar Testimony

Read the original article: On Rod Rosenstein’s Peculiar Testimony Then-Deputy Attorney General Rod Rosenstein speaks at the 2018 State of the Net Conference. (Flickr/Internet Education Foundation, https://flic.kr/p/JXuFDg; CC BY 2.0, https://creativecommons.org/licenses/by/2.0/) The United States is facing three concurrent crises: a…

Lawfare Live: Careers in National Security

Read the original article: Lawfare Live: Careers in National Security Careers in national security can seem like a mysterious black box to those on the outside. However, we at Lawfare know that there are many aspiring professionals out there who…