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Today, we released the eighth episode of. Lawfare ’s narrative audio documentary, , which tells the story Robert S. Mueller lays out in his famous 448-page document. This episode begins our coverage of Volume II of the Mueller report, on the president's effort to obstruct the investigation. covers the Russian social media campaign and the activities of the Internet Research Agency.
The House Judiciary Committee held a hearing Sept. 18 on oversight of the Foreign Intelligence Surveillance Act (FISA), examining specifically whether to reauthorize four provisions of the act set to expire in December. One could be forgiven for missing the hearing amidst the deluge of news this week. And it was anyone’s guess going into the hearing whether it would consist of a substantive discussion of FISA, or whether committee Republicans would simply exploit the opportunity to continue to decry alleged government abuses of the surveillance law in the form of the FBI’s now-declassified applications to surveil former Trump campaign foreign policy adviser Carter Page. Predictably, Republicans protested the Carter Page FISA applications th.
Most people who follow the debate over unbreakable, end-to-end encryption think that it’s more or less over. Silicon Valley has been committed to offering such encryption since at least the Snowden revelations; the FBI has abandoned its legal campaign against Apple’s device encryption; and prominent national security figures, especially those tied to the National Security Agency,, have sided with industry and against the Justice Department. Attorney General William Barr is still claiming that law enforcement is “going dark”—but in this partisan age many Americans will not take his views at face value. And Congress is unwilling to go to bat for an FBI that is increasingly viewed with skepticism on the right as well as the left. In fact, this.
James Comey famously does things his own way, and the Department of Justice inspector general has not approved. Having the former FBI director’s handling of the Clinton email investigation, the inspector general for his use of “sensitive investigative information” in sounding an alarm about Donald Trump. The inspector general cleared Comey of public leaks of confidential information but found him in violation of his employment agreement and department policy. The Department of Justice declined to bring criminal charges. This does not conclude the Comey saga, of course, or the debate about the liberties he took with rules and norms to deal with extraordinary circumstances. Yet, remarkable as his story is, Comey is only one of the senior lawy.
The Washington Post Wednesday evening that the intelligence community’s whistleblower complaint involved President Trump making a “promise” to a foreign leader over the phone, according to two former U.S. officials familiar with the matter. President Trump dismissed these reports, to Politico by , “is anybody dumb enough to believe that I would say something inappropriate with a foreign leader while on such a potentially ‘heavily populated’ call,” and characterizing the reporting as “another Fake News story out there.” On Thursday afternoon, the New York Times the complaint concerned a series of actions, beyond any single discussion with a world leader. The United Nations Security Council is set to vote on competing draft resolutions relati.
The House Intelligence Committee released two letters it received from the Inspector General of the Intelligence Community (IGIC), Michael K. Atkinson, regarding the status of the ongoing whistleblower complaint. The first letter states that the IGIC deemed the whistleblower’s complaint “urgent” and “credible” before forwarding the materials to the Acting Director of National Intelligence (DNI), Joseph Maguire. In the second letter, the ICIG says he disagreed with the acting DNI’s determination that no disclosure to Congress was necessary and sought to disclose basic information of the whistleblower complaint to congressional intelligence committees. The letters are available and , as well as below. :. :
And we’re back, with a lot of news to cover! Tune in for discussion and (respectful) debate with our cohosts, Professors Vladeck and Chesney, as the review:. Is it proper for the Director of National Intelligence to withhold from House Intelligence Committee a whisteblower complaint under the Intelligence Community Whistleblower Protection Act (ICWPA…Ick-Wipp-Uh!), where the IG has made a determination that the statutory standard has been met but the DNI disagrees? And what remedies might House committee (or Senate Intelligence Committee) have if the answer is no? About that colon/semicolon issue involving Marbury v. Madison …. Not surprising, but still fascinating: sues Snowden and his publisher because Snowden didn’t seek pre-publication re.
From Sept. 2 to Sept. 6, the United States its first-ever joint naval exercise with all 10 members of the Association of Southeast Asian Nations (ASEAN). The ASEAN-U.S. Maritime Exercise (AUMX), co-led by the U.S. and Royal Thai navies, consisted of pre-sail activities in Thailand, Singapore and Brunei, as well as a sea phase in the South China Sea and other international waters around Southeast Asia. Speaking at the opening ceremony of AUMX at the Sattahip Naval Base in eastern Thailand, Rear Adm. Kenneth R. Whitesell the multilateral exercise demonstrates U.S. commitment to the “continued security and stability of a free and open Indo-Pacific.” A total of eight warships, four aircraft and 1,260 personnel . U.S. forces taking part the guid.
The Director of National Intelligence refuses to tell Congress about a whistleblower allegation that may involve President Trump. Israelis go to the polls as Benjamin Netanyahu fights to maintain power. And Trump adviser Corey Lewandowski gives defiant testimony to lawmakers considering whether to impeach the president. Tamara shares a limerick that explains Israel's elections. Ben has recommendations for a listener. Susan is ready for Volume 2 of "" and happy that her and Ben's is on Amazon, and not her desk. Shane says it's about time the Navy admits to .
General Counsel for the Office of the Director of National Intelligence (ODNI), Jason Klitenic, released two responses to letters from House Permanent Special Committee on Intelligence (HPSCI) Committee Chairman Adam Schiff regarding the on-going standoff between the two parties over an intelligence community whistleblower complaint.
President Trump via Twitter this morning that he had “just instructed the Secretary of the Treasury to substantially increase Sanctions on the country of Iran!" Trump’s comments come days after a significant attack on Saudi oil facilities that Secretary of State Mike Pompeo attributes to Iran. to Reuters, a senior U.S. official is also calling for a U.N. Security Council resolution placing the blame on Iran for the attacks. Meanwhile, the State Department a statement detailing that Secretary Pompeo is traveling to Saudi Arabia and the United Arab Emirates to discuss the attacks and “coordinate efforts to counter Iranian aggression in the region.”The Washington Post that the Justice Department has launched a civil suit against Edward Snowde.
The “techlash” of the past few years represents a moment of quasi-constitutional upheaval for the internet. The way a few private companies have been “governing” large parts of the digital world has suffered a crisis of legitimacy. Calls to find mechanisms to limit the arbitrary exercise of power online have gained new urgency. This task of “digital constitutionalism” is one of the great projects of the coming decades. It is especially pressing in the context of content moderation – platforms’ practice of designing and enforcing rules for what they allow to be posted on their services. Historical forms of public and private governance offer limited guidance. Platforms are not nation states. But the unprecedented power major tech platforms w.
The House Judiciary Committee will hold a hearing on "Oversight of the Foreign Intelligence Surveillance Act" at 10:00 a.m. on Wednesday. The hearing will feature testimony from Brad Wiegmann, Deputy Assistant Attorney General at the Department of Justice, National Security Division; Michael Orlando, Deputy Assistant Director of Federal Bureau of Investigation, Counterterrorism Division; and Susan Morgan from the National Security Agency.
In 2018, U.S. cyber strategy shifted from a reactive, deterrence-based approach to the forward-postured, proactive policy of persistent engagement. Persistent engagement broadly entails more active defense against cyberattacks and a more constant pace of operations. The strategy rests on theoretical conceptions of the cyber domain recently advanced by scholars, but also on the argument that America’s competitors have long been practicing the same. For example, U.S. government officials routinely cite Chinese cyber-enabled economic and political espionage as a type of persistent engagement—that is, of constant cyber operations that don’t rise to the level of armed conflict yet yield strategic advantage. But while Chinese analysts of cyber co.
Tensions in the Middle East are at a high point. Over the weekend, large Saudi oil facilities were attacked. The Yemeni Houthis jumped in to claim responsibility. Secretary of State Mike Pompeo blamed Iran. President Trump tweets that the U.S. is 'locked and loaded' and ready for potential response. But what has actually happened in the Arabian Peninsula? What does the future hold for conflict between the Saudis and the Iranians? And what role will the United States have? To talk it all through, Benjamin Wittes spoke with Gregory Johnsen, a researcher on Yemen and Middle East conflict; Suzanne Maloney, a Brookings senior fellow whose research centers on Iran; Samantha Gross, a fellow in the Cross-Brookings Initiative on Energy and Climate;
A new Lawfare Institute e-book, ". ,” is now available on Kindle. This compilation gathers in one place recent insight and analysis from our contributors on legal and policy issues related to potential U.S. military action against Iran. As tensions between Washington and Tehran escalate, these chapters—originally published as articles here on. Lawfare— provide important context. The e-book allows full-text searching across the articles and is available. . Contents:. Chapter One: "If the U.S. Rejoins the JCPOA, Iran’s Power Will Not Be Unshackled," Thomas Juneau. Chapter Two: "Does the U.S. Currently Have a Right of Self-Defense Against Iran?" Ashley Deeks. Chapter Three: "Iran Shoots Down a U.S. Drone: Domestic and International Legal Implication.
The Justice Department has filed a civil complaint against Edward Snowden alleging that he violated non-disclosure agreements he signed with the CIA and NSA by both giving interviews he and failing to submit his new book for pre-publication review. The government is also suing the publisher of Snowden’s book to ensure that no profits from book sales are transferred to Snowden before the suit is resolved. The complaint can be read and below.
President Trump emphasized his desire for diplomacy with Iran instead of a military response in the wake of reports suggesting Iranian culpability for attacks on Saudi oil facilities. Trump said, “I know they want to make a deal,” to the New York Times. However, the Times also that Iranian leaders rejected a potential meeting with President Trump in conjunction with the UN General Assembly sessions next week. Hours before his scheduled testimony in front of the House Judiciary Committee, Corey Lewandowski that he was “excited about the opportunity to remind the American people today that there was no collusion no obstruction.” Lewandowski was subpoenaed to appear in what is anticipated to be a combative hearing, to the Washington Post. A Sp.
On Sept. 13, House Intelligence Committee Chairman Adam Schiff to Acting Director of National Intelligence Joseph Maguire to compel the production of a whistleblower complaint. The details of the complaint remain vague, but Schiff stated that it was filed by an individual in the intelligence community and determined by Intelligence Community Inspector General Michael Atkinson to be credible and a matter of “urgent concern.” Schiff’s subpoena also demands the text of the inspector general’s determination regarding credibility and all records pertaining to the Office of the Director of National Intelligence’s (ODNI) involvement in the matter, including correspondence with other executive branch actors. If Maguire does not comply, Schiff has i.

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