The Week That Was – Lawfare
Paul Rosenzweig argued that the Biden administration Executive Decree signals intelligence between the United States and the European Union (EU) relatively new American approach to signals intelligence collection, resolving key points of tension between the US and EU regarding commercial privacy and national security.
Quinta Jurecic, Alan Rozenshtein, and Scott R. Anderson sat down to discuss some national security news of the week including the Biden administration’s new executive order limiting its signals intelligence collection, the subpoena for the former chairman of the House Select Committee, the Biden administration’s new national security strategy, and more :
Benjamin Witte sitting with Anna Bower at discuss the Fulton County Special Grand Juryhis powers and his recent article on Right entitled, “Everything You Ever Wanted to Know About Georgia’s Special Grand Juries, But Weren’t Afraid to Ask.”:
Bower also explained the special grand jury system in Georgia, and discussed how it differs from a normal grand jury, special purpose grand jury procedure, the scope of the Fulton County special purpose grand jury’s investigation, reasons why he cannot issue indictments, etc.
Rachel Bade and Karoun Demirjian discussed the implications of the two unsuccessful impeachments of former President Donald Trump for congressional oversight power and argued that the new precedents set during Trump’s impeachments threatened to turn Congress’ ultimate control over the executive into nothing more than a messaging tool Politics.
Katherine Pompilio shared the Eleventh Circuit Court of Appeals Order of October 20 deny Sen. Lindsey Graham (RS.C.) emergency movement remain a district of August 19 court order forcing him to testify before the Fulton County Special Grand Jury. The special grand jury is currently investigating alleged attempts by former President Donald Trump and his allies to overturn the results of Georgia’s 2020 presidential election.
Pompilio also shared the October 21 subpoena for former President Donald Trump, released by the House Select Committee investigating the January 6 attack on the U.S. Capitol. The subpoena ordered the former president to submit documents for review by November 4 and to appear to testify on November 14.
Bobby Chesney and Steve Vladeck sitting for discuss the ongoing litigation regarding the Mar-a-Lago documentsformer President Donald Trump’s House Select Committee subpoena, the Biden administration’s executive order on the processing of EU citizens’ data in the context of US intelligence gathering, and more Again :
Jurecic sat down with Molly Reynolds, Jonathan Shauband Wittes to discuss the history precedents for current and former presidents testifying before Congress and debated the likelihood of a Trump appearance before the House Select Committee:
David Priess sitting with David Marchick discuss recent examples of effective and ineffective presidential transitionsthe roles played by outgoing presidents and agency teams, and what else can be done to define best practices for presidential transitions:
Pompilio shared the Ministry of Justice Sentencing memo dated October 17 recommending a six-month sentence and a $200,000 fine for former White House chief strategist Steve Bannon. Bannon was charged with two counts of contempt of Congress after his refusal to comply with a Sept. 23, 2021, subpoena from the House Select Committee investigating the Jan. 6 attack on the U.S. Capitol.
Pompilio also shared that of Bannon Sentencing memo dated October 17 asking for probation and a reprieve pending an appeal of his conviction.
Darrell West, Elaine Kamarckand Elizabeth Howard sitting for discuss public confidence in elections and the importance of combating existing misinformation, protecting election officials, and ensuring that existing cybersecurity measures are adequate to protect the vote of the American people:
Priess also sat down to chat with Olivia Troye on his experience working on a small team supporting former Vice President Mike Pence. They discussed the many different jobs involved in supporting a vice president, the ups and downs of working with Pence during the coronavirus pandemic, the value of public service professionals, inappropriate handling of documents classifieds which Troye witnessed during his last years of work, and Suite:
Jurecic also sat down with Chesney and charlie savage discuss changes to US counterterrorism operations in recent yearshow the Biden administration’s new policy compares to policies of the Obama and Trump era, and the importance of these changes for US counterterrorism operations going forward:
Maggie Smith, Erica D.Lonerganand Nick Stark discussed the Russian hacker group Killnetits series of distributed denial of service attacks in October, and argued that Killnet’s true impact lies in its ability to shape narratives around Russia’s war in Ukraine, not in its ability to disrupt or damage its targets.
Kellen Dwyer discussed the recent sentencing of former Uber security director Joe Sullivan, charged with obstructing justice and misexecuting a felony stemming from what the Justice Department called his “attempted cover-up” of the 2016 Uber hack. Dwyer is also covering the turf war between the Department of Justice and the Department of Homeland Security over mandatory reporting of cyber incidents and argues that the Department of Justice should issue official guidance clarifying online reporting obligations.
Stephanie Pell sat down with Dwyer to discuss the Sullivan case. They talked about the specific charges Sullivan faced, how those charges blur the line between covering up a data incident and refusing to report it, and why the Justice Department should clarify its charging policy for respond to industry concerns raised by the Sullivan case:
Claudia Swain discussed the All-Train Control system – which is used to prevent collisions between trains, enforce speed limits and prevent trains from entering work areas – and the vulnerabilities of the current system to cyberattacks. Swain also argued that the Federal Railroad Administration should ensure that railroads implement cybersecurity best practices.
Ilana Krill discussed a September 2022 Report by the George Washington University program on extremism highlighting increased threat posed by violent extremists to critical infrastructure. Krill analyzed the distinctions between local violent extremists, domestic violent extremists, and the different motivations and ideologies behind what and why they choose to attack.
Avery Schmitz discussed violence extremist groups exploit charitable non-profit statusthe financial implications of their tax-exempt status, and advocated for a regulatory approach that would prevent the government from subsidizing these groups while avoiding violation of First Amendment rights.
Stewart Baker, Richard Stiennon, Marc McCarthyand David Kris sitting for discuss the latest disruption to China’s semiconductor industrythe identity security market, the new White House National Security StrategyPayPal’s new misinformation policy, and more:
John Foote thoroughly reviewed by U.S. Customs and Border Protection and the U.S. Department of Homeland Security assertions regarding CBP enforcement of the Uyghur law on the prevention of forced labor by seizure and forfeiture and discussed the lack of a clear legal basis in US customs law for this type of enforcement.
And Cornell Overfield discussed a recent Russian Legislative Initiative this would require diplomatic clearance for foreign warships traveling through the Northern Sea Route (NSR) and argued that despite Russia’s desire to control shipping in the Russian Arctic, an innocent passage regime applies clearly to inland waters of the NSR.
And that was the week that was.