The Week That Was – Lawfare
Quinta Jurecic discussed former President Trumps consistent pattern of attempting to stymie the Mueller investigation, the work of the House select committee to investigate Jan. 6 and the Justice Departments Mar-a-Lago investigation, and the legal implications for the ongoing investigations now that Trump is no longer president.
Hyemin Han shared the Justice Department's opening brief in the Eleventh Circuit for an appeal of U.S. District Court Judge Aileen Cannon's Sept. 5 order appointing a special master to oversee privilege claims of documents seized during the Aug. 8 search of former President Donald Trumps Mar-a-Lago residence. It asked the Eleventh Circuit to vacate Cannons order in its entirety with instructions to dismiss the case.
Han also shared the Justice Departments Oct. 11 response in opposition to former President Trumps Oct. 4 application to the Supreme Court for a partial vacatur of the U.S. Court of Appeals for the Eleventh Circuits Sept. 21 order allowing the Justice Department to resume use of materials it has been previously enjoined from using in a Sept. 5 order by U.S. District Judge Aileen Cannon.
William Appleton shared a livestream of the Jan. 6 Select Committees Oct. 13 hearing, announced as the final one. The Lawfare team also hosted a Twitter Spaces on the hearing at 5 p.m. ET.
Hadley Baker shared an episode of Lawfare No Bull which featured audio from the Jan. 6 committees ninth public hearing:
Benjamin Wittes sat down for a conversation with Jurecic, Alan Rozenshtein, and Molly Reynolds on Twitter Spaces to discuss the ninth Jan. 6 select committee hearing, the subpoena of Donald Trump, how this all could impact the upcoming midterm elections, and the performance of the committee given the constraints it faced:
Katherine Pompilio shared former President Donald Trumps letter in response to the House select committees decision to issue him a subpoena seeking information about his involvement in the Jan. 6 attack on the U.S. Capitol.
Han also shared the Biden-Harris administrations first National Security Strategy which details the administrations enduring vision for the U.S. in the coming decade, its views on investment priorities, the administrations global priorities, and a breakdown of the administration's national security strategy by region.
Stewart Baker, Nick Weaver, Matthew Heiman, and Brian Fleming sat down to discuss the White House Blueprint for an AI Bill of Rights, the criminal conviction of Ubers CSO Joe Sullivan, new export restrictions on U.S. technology and its implications for U.S.-China trade relations, a Russian hack and leak operation, and more:
Henry Farrell and Bruce Schneier discussed the U.S. Treasurys Office of Foreign Assets Controls sanctions of Tornado Cash, a cryptocurrency and money-laundering platform, and the implications for cryptocurrency regulation if decentralized autonomous organizations like Tornado Cash are afforded First Amendment protections.Jordan Schneider sat down for a conversation with Kevin Wolf, partner at Akin Gump, to discuss the U.S. Commerce Department's new export control regulations, what the regulations mean for the global semiconductor industry, and if the regulations are even enforceable:
Chenny Zhang discussed the possibility of the American drug industry experiencing a similar manufacturing crisis as the semiconductor industry due to the increasing likelihood of industry consolidation, the difficulties of the regulatory approval process and its impacts on innovation, and the importance of the U.S. bioeconomy for national security.
Russell Buchan and Joe Devanny responded to a recent Lawfare article on the U.K.s cyber strategy and emphasized the need for a nuanced and incremental development of that strategy to achieve the responsible and democratic use of cyber power.
Han sat down for a conversation with Alexander Downes, professor of political science and international affairs at The George Washington University, to discuss the history of foreign-imposed regime change, what lessons can be learned from past foreign-imposed regime changes, and why, when it actually works, its success doesnt last very long:
Tyler McBrien sat down with Beln Carrasco Rodrguez and Tom Southern of the Center for Information Resilience to discuss their research into how Russia establishes and strengthens occupational rule, the Russian playbook for control, and the ways that forced assimilation may or may not be working:
Benjamin Wittes sat down for a conversation with Svitlana Khytrenko, a Ukrainian student who escaped Kyiv in March, to talk about her experiences as a refugee, her life in Poland, and her feelings about the Russian invasion:
Jordan Schneider sat down for a conversation with Kamil Galeev to discuss the prospects of nuclear war, the stability of the Russian state, Moscows grip on annexed regions, Putins future viability, and more:
Katherine Yon Ebright discussed an obscure counterterrorism authority used to create and control proxy forces across Africa and Asia, its intersection with the 2001 Authorization for Use of Military Force (AUMF), and argued that the executive branchs current interpretation may have gone beyond its previous representations to Congress and the public.
Caleb Johnson and Yang Liu provided a summary of President Joe Bidens Oct. 7 executive order which laid out a framework in which the government can conduct signals intelligence activities; establishes a three-layer redress mechanism to address potential violations of privacy, civil liberties, or law; and also fulfills prior commitments to provide higher privacy protections and a more durable basis for future trans-Atlantic data flows.
Renee DiResta and John Perrino discussed the new history of U.S. military information campaigns, how it illustrates the challenges of reaching and influencing online audiences, and argued for a U.S. policy of radical transparency in the information ecosystem in contrast to the opaque policies and disinformation campaigns of authoritarian adversaries such as Russia.
David Priess sat down for a chat with Jordan Taylor, historian and author of Misinformation Nation: Foreign News and the Politics of Truth in Revolutionary America. They discussed the persistence of misinformation, the origins and limits of newspapers in colonial America, the Illuminati scare of 1798-99, and more:
McBrien also reviewed Sierra Pettengills documentary Riotsville, U.S.A. (2022) which illustrates the history of police militarization in the United States, the legacies of the Kerner Commission, and the importance of investigating the origins of repressive social forces.
Wittes also sat down with Jurecic, Rozenshtein, and Scott R. Anderson to discuss the current state of Section 230 of the Communications Decency Act, the two cases recently taken up by the Supreme Court relating to Section 230, and what the correct interpretation of 230if there is onemight look like:
Rozenshtein, Jurecic, and Anderson also sat down with Ashley Deeks, professor of law at the University of Virginia Law School, to discuss some of the weeks big national security news including: developments in the Russia-Ukraine conflict, Saudi Arabias decision to cut oil production, and the Supreme Court's decision to take up two cases related to Section 230 of the Communications Decency Act:
And that was the week that was.
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The Week That Was - Lawfare
- Supreme Court Clears Way for N.R.A. to Pursue First Amendment Challenge - The New York Times - May 31st, 2024 [May 31st, 2024]
- University of Iowa sneers at First Amendment rights after Gaza protest - Des Moines Register - May 31st, 2024 [May 31st, 2024]
- SCOTUS unanimously backs NRA on First Amendment ruling - JURIST - May 31st, 2024 [May 31st, 2024]
- Unanimous First Amendment Victory for the NRA (Represented by the ACLU) - Reason - May 31st, 2024 [May 31st, 2024]
- Supreme Court Says Government Bullying Can Violate the First Amendment - Goldwater Institute - May 31st, 2024 [May 31st, 2024]
- Preemption, the First Amendment, and Ineffective Assistance of Counsel on Todays Decisional Menu - SCOTUS Today - The National Law Review - May 31st, 2024 [May 31st, 2024]
- SCOTUS Unanimously Sides With NRA in First Amendment Case - The Reload - May 31st, 2024 [May 31st, 2024]
- Supreme Court unanimously sides with NRA in First Amendment dispute with New York official - Washington Times - May 31st, 2024 [May 31st, 2024]
- Why Justice Sotomayor just handed the NRA a big Supreme Court victory - Vox.com - May 31st, 2024 [May 31st, 2024]
- Cedar Hill Cemetery critic files lawsuit for First Amendment violation - The Newark Advocate - May 31st, 2024 [May 31st, 2024]
- In a Victory for Assange and First Amendment, UK Court Grants Right to Appeal Truthout - Truthout - May 31st, 2024 [May 31st, 2024]
- Video is at the center of First Amendment case against North East School District - Yahoo! Voices - May 31st, 2024 [May 31st, 2024]
- John Stockton Loses Case Over Regulation of COVID Speech - Sportico - May 31st, 2024 [May 31st, 2024]
- More on the New York Trump Case and the First Amendment - Reason - May 5th, 2024 [May 5th, 2024]
- Campus encampment bans rarely violate the First Amendment. Here's why. - Foundation for Individual Rights and Expression - May 5th, 2024 [May 5th, 2024]
- Students were primed for First Amendment talk. This Pierce County district backed out - Tacoma News Tribune - May 5th, 2024 [May 5th, 2024]
- Campus chaos vindicates the American system and the First Amendment - The Hill - May 5th, 2024 [May 5th, 2024]
- Trump's Trial and the First Amendment - Reason - May 5th, 2024 [May 5th, 2024]
- Can Texas public universities remove protesters from campus? First Amendment experts explain - Austin American-Statesman - May 5th, 2024 [May 5th, 2024]
- Are gag orders constitutional? SCOTUS says it depends - VERIFYThis.com - May 5th, 2024 [May 5th, 2024]
- Donald Trump Has a First Amendment Right to Pay Hush Money to Support his Electoral Ambitions - Reason - May 5th, 2024 [May 5th, 2024]
- "Antisemitism Awareness Act of 2023" (Which Just Passed the House) Could Suppress First-Amendment-Protected ... - Reason - May 5th, 2024 [May 5th, 2024]
- What the First Amendment Means for Campus Protests - The New York Times - May 5th, 2024 [May 5th, 2024]
- ACLU of Wisconsin Emphasizes the Importance Of Student's First Amendment Rights Ahead of Protests Planned at UW ... - ACLU of Wisconsin - May 5th, 2024 [May 5th, 2024]
- Indiana University Officials Need to Follow Community's Lead on Commitment to First Amendment - ACLU of Indiana - May 5th, 2024 [May 5th, 2024]
- An American-Israeli Caught Between Antisemitism and The First Amendment - The Times of Israel - May 5th, 2024 [May 5th, 2024]
- Citizens United, campaign finance, and the First Amendment - Foundation for Individual Rights and Expression - May 5th, 2024 [May 5th, 2024]
- Studios Warn Of First Amendment Implications For SAG-AFTRA-Backed AI Bill To Require Consent For Digital Voice And Likeness - Deadline - May 5th, 2024 [May 5th, 2024]
- Norman Siegel: A lifetime of protecting the First Amendment - Spectrum News NY1 - May 5th, 2024 [May 5th, 2024]
- ACLU and First Amendment Coalition Challenge Cal Poly Humboldt's Campus Closure and Press Restrictions - Redheaded Blackbelt - May 5th, 2024 [May 5th, 2024]
- 13 seconds of bloodshed: Community shares themes of activism, First Amendment with upcoming May 4 commemoration - Kent Wired - May 5th, 2024 [May 5th, 2024]
- Day 2 of pro-Palestinian protests on Wisconsin campuses, First Amendment expert weighs in - WISN Milwaukee - May 5th, 2024 [May 5th, 2024]
- First Amendment under attack: How the Police State muzzles our right to speak truth to power - Washington Times - May 5th, 2024 [May 5th, 2024]
- UngagTrump The Fight for First Amendment: The Leader in Freedom Fundraising. - GiveSendGo - May 5th, 2024 [May 5th, 2024]
- What the First Amendment Means for Campus Protests - myheraldreview.com - May 5th, 2024 [May 5th, 2024]
- What to do if you get arrested? What to know about the First Amendment amid Tennessee campus protests - Knoxville News Sentinel - May 5th, 2024 [May 5th, 2024]
- What rights do protesters at the U of M encampment have? - KARE11.com - May 5th, 2024 [May 5th, 2024]
- Sen. Vance worries college protests are moving beyond First Amendment and into chaos for local communities - WTRF - May 5th, 2024 [May 5th, 2024]
- New Stablecoin Bill Faces Criticism for Stifling Innovation and Breaching First Amendment Regulation Bitcoin News - Bitcoin.com News - April 22nd, 2024 [April 22nd, 2024]
- TikTok ready to move to the courts to prevent ban in US - Ars Technica - April 22nd, 2024 [April 22nd, 2024]
- Say 'Yes' to the First Amendment Minding The Campus - Minding The Campus - April 22nd, 2024 [April 22nd, 2024]
- SCOTUS won't review decision that ratchets up legal risk at protests - Reporters Committee for Freedom of the Press - April 22nd, 2024 [April 22nd, 2024]
- OPINION | Tulane must commit to upholding First Amendment - Tulane Hullabaloo - April 22nd, 2024 [April 22nd, 2024]
- Parsons' Attorney Michael Judd Participates As Panelist At First Amendment Society Event - Mondaq News Alerts - April 22nd, 2024 [April 22nd, 2024]
- Does BVU know the first amendment? The Tack Online - BVU The Tack Online - April 22nd, 2024 [April 22nd, 2024]
- Weber State University students using their first amendment rights - The Signpost - April 22nd, 2024 [April 22nd, 2024]
- Pennsylvania Court Lets Suit Over Removal of Columbus Statue Go Forward - Reason - April 22nd, 2024 [April 22nd, 2024]
- Elon Musk to fund new First Amendment campaign to combat 'relentless attacks on free speech' - Fox News - April 20th, 2024 [April 20th, 2024]
- Elon Musk's Plan To Fund National Signature Campaign In Support Of First Amendment Met With Praise - Yahoo! Voices - April 20th, 2024 [April 20th, 2024]
- Don't Panic About the Supreme Court's Right to Protest RulingYet - The New Republic - April 20th, 2024 [April 20th, 2024]
- Supreme Court Is Apparently Fine with the Assault on the First Amendment That Is Mckesson v. Doe - Esquire - April 20th, 2024 [April 20th, 2024]
- NPR boss once called the First Amendment a 'challenge' and 'reverence for the truth' a distraction - Fox News - April 20th, 2024 [April 20th, 2024]
- Kerrville Residents File First Amendment Lawsuit In Federal Court Against City - The Texan - April 20th, 2024 [April 20th, 2024]
- NPR Against the First Amendment - The New York Sun - April 20th, 2024 [April 20th, 2024]
- Civics lesson: First Amendment rights are broad, but there are limits - Tennessean - April 20th, 2024 [April 20th, 2024]
- The Supreme Court effectively abolishes the right to mass protest in three US states - Vox.com - April 20th, 2024 [April 20th, 2024]
- Media Miss by the Left: Elon Musk to fund new First Amendment campaign to combat 'relentless attacks on free speech' - Straight Arrow News - April 20th, 2024 [April 20th, 2024]
- Supreme Court allows police officers suit to move forward against Black Lives Matter leader - The Hill - April 20th, 2024 [April 20th, 2024]
- Tom Cotton Clearly Hates The First Amendment - Betches - April 20th, 2024 [April 20th, 2024]
- A new Supreme Court case threatens to take away your right to protest - Vox.com - January 27th, 2024 [January 27th, 2024]
- No, Blocking Traffic Is Not Protected by the First Amendment - Reason - January 27th, 2024 [January 27th, 2024]
- Cable Giants Insist That Forcing Them To Make Cancellations Easier Violates Their First Amendment Rights - Above the Law - January 27th, 2024 [January 27th, 2024]
- Know Your Rights: Students in Higher Education & the First Amendment - New York Civil Liberties Union - January 27th, 2024 [January 27th, 2024]
- Star-Spangled Fascism: Extremists and the First Amendment - GBH News - January 27th, 2024 [January 27th, 2024]
- SPJ co-authors legal brief supporting First Amendment right to record and publish livestreamed court hearings - Society of Professional Journalists - January 27th, 2024 [January 27th, 2024]
- Star-Spangled Fascism: Extremists and the First Amendment - KPBS - January 27th, 2024 [January 27th, 2024]
- Letter writer reminds others about intent behind the First Amendment - Call Newspapers - January 27th, 2024 [January 27th, 2024]
- FCC's Jessica Rosenworcel On Trump Broadcast License Threats: First Amendment Guides Us. - Insideradio.com - January 27th, 2024 [January 27th, 2024]
- Faith-based school chaplains would test First Amendment - Fort Wayne Journal Gazette - January 27th, 2024 [January 27th, 2024]
- Arrested citizen journalist wasn't 'martyr' for journalism, 5th Circuit says in tossing her First Amendment suit - ABA Journal - January 27th, 2024 [January 27th, 2024]
- First Amendment Bowled Over by Lanham Act Again - The National Law Review - January 27th, 2024 [January 27th, 2024]
- Florida House passes HB 1 to ban kids 16 and under from having social media accounts - NBC 6 South Florida - January 27th, 2024 [January 27th, 2024]
- Lawmakers debate whether mostly banning mugshots violates the First Amendment - My Buckhannon - January 27th, 2024 [January 27th, 2024]
- Lizzo Accusers Say First Amendment Is No Reason To Throw Out Assault, Sexual Harassment & Discrimination Suit Against Grammy Winner - Yahoo... - November 13th, 2023 [November 13th, 2023]
- Trump Appeals Gag To Protect First Amendment Right To Intimidate ... - Above the Law - November 13th, 2023 [November 13th, 2023]
- Chemerinsky: 'I am a 70-year-old Jewish man, but never in my life ... - Foundation for Individual Rights in Education - November 13th, 2023 [November 13th, 2023]
- Prosecutors Mock Trump Attempt To Get Election Case Dismissed ... - Above the Law - November 13th, 2023 [November 13th, 2023]
- New bill to criminalize flying unauthorized flags on public property ... - Alabama Daily News - November 13th, 2023 [November 13th, 2023]
- This First Amendment Attack is Designed to Reduce Gun Ownership ... - America's 1st Freedom - November 13th, 2023 [November 13th, 2023]
- SGA Amendment to Make Amendments Easier Passes; Will Move to ... - PantherNOW - November 13th, 2023 [November 13th, 2023]