Lawfare | Hard National Security Choices
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A web site about hard national security choices founded by Benjamin Wittes, Jack Goldsmith, and Robert Chesney. Lawfare is a multimedia web site devoted to serious discussion of national security law and policy. It has a staple of commentators, ranging from journalists to practicing lawyers and law professors.
Lawfare | Hard National Security Choices
10M ago
Yevgeny Prigozhin in a screenshot taken from a video taken footage posted on June 24, 2023 to the Telegram account of the press service of Concord—a company linked to Prigozhin. (https://t.me/concordgroup_official/1297)
When Russian catering magnate-turned-warlord Yevgeny Prigozhin announced his mutiny against the country’s Ministry of Defense and began his soon-to-be aborted march toward Moscow this past Friday, most American news coverage—understandably—focused on Prigozhin’s role as leader of the paramilitary Wagner Group. After all, it was the Wagner mercenaries under Prigozhin, on who ..read more
Lawfare | Hard National Security Choices
10M ago
Hillary Clinton in 2016. (Gage Skidmore, https://flic.kr/p/NSC1UF; CC BY-SA 2.0, https://creativecommons.org/licenses/by-sa/2.0/)
“When caught, Hillary [Clinton] then deleted and acid washed ... 33,000 emails in defiance of a congressional subpoena already launched,” ex-President Donald Trump lamented on the evening after his federal arraignment on 37 counts of willful retention of national defense information, obstruction of justice, and false statements. “There’s never been obstruction as grave as that. . . . Hillary Clinton broke the law and she didn’t get indicted.”
“Is there a differe ..read more
Lawfare | Hard National Security Choices
10M ago
A cell phone on a table. (https://unsplash.com/photos/Xh3k8-vfl8s)
On Jan. 4, Meta was fined 390 million euros (approximately $414 million) for illegally forcing European Union users to accept personalized ads on Facebook and Instagram. The fine was issued by the Irish Data Protection Commission (DPC), which serves as Meta’s main regulator in Europe (the company’s European operations are headquartered out of Ireland for tax purposes). The commission gave Meta three months to comply with EU data privacy protection under the General Data Protection Regulation (GDPR) after finding that it cou ..read more
Lawfare | Hard National Security Choices
10M ago
An MQ-9 Reaper remotely piloted vehicle prepares for take-off from Al Dhafra Air Base in the United Arab Emirates during Operation Agile Spartan 4 on March 10, 2023. Photo credit: U.S. Air Force photo by Tech. Sgt. Chris Jacobs via DVIDS.
Editor’s Note: As the United States focuses on China and Russia and moves away from the Middle East, its ability to strike at terrorist groups such as al-Qaeda and the Islamic State is in question. National Defense University’s Kim Cragin examines the Biden administration’s “over-the-horizon” approach and argues that its foundations are increasi ..read more
Lawfare | Hard National Security Choices
10M ago
Russian President Vladimir Putin speaks at a ceremony for GRU military intelligence, whose hackers interfered in the 2016 U.S. presidential election, November 2, 2018. (Kremlin, https://tinyurl.com/ycynawbc; CC BY 3.0, https://tinyurl.com/fkadktzu)
If the internet is a battlefield between threat actors and the investigators who defend against them, that field has never been so crowded. The threats range from hacking to scams, election interference to harassment. The people behind them include intelligence services, troll farms, hate groups, and commercial companies of cyber mercenaries. Th ..read more
Lawfare | Hard National Security Choices
10M ago
Flooding of beachside houses in the Outer Banks, October 5, 2015. (NCDOTcommunications, https://tinyurl.com/yzjhtb97; CC BY 2.0, https://creativecommons.org/licenses/by/2.0/legalcode)
Editor’s Note: This piece has been adapted from a forthcoming article in the Stanford Law Review.
On the North Carolina Outer Banks, homes are collapsing into the Atlantic. Along the Louisiana bayou, whole communities are being swallowed by the sea. Tragically, Americans are choosing to move to coastal barrier islands and the wildland-urban interface (WUI), favoring climate-exposed locations over safer c ..read more
Lawfare | Hard National Security Choices
10M ago
Since joining Lawfare in November 2021, Roger Parloff has been a constant presence at the January 6th trials. Now based in Washington, D.C, he had, earlier in his career, served as a staff writer for Fortune and American Lawyer Magazine, and has been published in The New York Times, Yahoo Finance, ProPublica, New York, NewYorker.com, and Air Mail News. As a senior editor at Lawfare, he's focused on January 6 related matters, including covering the more than 1,000 federal criminal cases that have been filed while also keeping up on the pending investigations of higher-ups.
In his convers ..read more
Lawfare | Hard National Security Choices
10M ago
Max Schrems, whose lawsuits brought the end of two agreements facilitating data transfers from the EU to U.S. companies, speaks in Vienna, May 22, 2018. (Bundesministerieum, https://tinyurl.com/48ukxp5r; CC BY 2.0, https://tinyurl.com/48nz4pbw)
On May 22, 2023, the Irish Data Protection Commissioner (DPC) ordered Meta to stop transferring EU personal data to the United States. Such transfers underpin Meta’s EU business, which makes up approximately 10 percent of its global revenue. To boot, the DPC imposed a fine of 1.2 billion euros (about $1.3 billion) against Meta’s Irish subsidiary res ..read more
Lawfare | Hard National Security Choices
10M ago
The Israeli Supreme Court building in Jerusalem, 2009. (Shifra Levyathan, https://tinyurl.com/bdzbraxd; CC BY 2.5, https://creativecommons.org/licenses/by/2.5/legalcode)
Editor’s Note: The following is adapted from an address given at Columbia Law School on May 4, 2023, at a conference on “The Battle over the Israeli Judiciary” put on by Columbia Law School and Academic Exchange.
The argument between advocates of judicial activism and advocates of judicial restraint is an important one—ongoing over many years and obviously unresolved—one that regularly invites our attention. I have had a s ..read more
Lawfare | Hard National Security Choices
10M ago
U.S. Secretary of State John Kerry and Iranian Foreign Minister Javad Zarif discuss the implementation of the JCPOA, May 17, 2016. (United States Department of State, https://tinyurl.com/496cfcp3).
The Biden administration might soon reach an agreement of sorts with Iran that would seek, among other things, to curb Iran’s nuclear weapons program. A major complication is that the 2015 Iran Nuclear Agreement Review Act (INARA) requires the president to “transmit” an “agreement” relating to the nuclear program of Iran to Congress, and then establishes a review period during which (a) the pres ..read more