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Analysis and Commentary

If Trump Fires Mueller (Or Orders His Firing)

by Jack Goldsmithvia Lawfare
Tuesday, June 13, 2017

There are growing indications that President Trump may be thinking about getting rid of Special Counsel Robert Mueller. Last weekend one of the President’s private lawyers would not rule out the possibility when asked. Yesterday the President’s allies started talking affirmatively about the possibility.

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Two Reflections On The Comey Statement

by Jack Goldsmithvia Lawfare
Wednesday, June 7, 2017

Though I agree with much of what Ben says about James Comey’s statement, I find myself in greater agreement with David French’s account. As French concludes, “there are some elements that are good for President Trump, but overall it shows a chief executive placing improper pressure on the FBI director — pressure that no GOP politician would tolerate from a Democratic president.” I write to add two points.

Analysis and Commentary

President Trump Nominates Chris Wray For FBI Director

by Jack Goldsmithvia Lawfare
Wednesday, June 7, 2017

This morning President Trump announced that he would nominate Chris Wray as the next Director of the FBI. I worked with Wray in the Justice Department. He was the Assistant Attorney General for the Criminal Division when I was Assistant Attorney General for the Office of Legal Counsel.

Blank Section (Placeholder)Analysis and Commentary

Chinese Cyber Diplomacy In A New Era Of Uncertainty

by Adam Segalvia Aegis Paper Series
Friday, June 2, 2017

After initially taking a relatively defensive, reactive position on the global governance of cyberspace, China under President Xi Jinping has adopted a more activist cyber diplomacy. This foreign policy has three primary goals: limit the threat that the internet and the flow of information may pose to domestic stability and regime legitimacy; shape cyberspace to extend Beijing’s political, military, and economic influence; and counter US advantages in cyberspace and increase China’s room of maneuver. Measured against its objectives, China’s diplomacy would appear relatively successful. The greatest uncertainty for Beijing moving forward is the state of US-China relations.

Analysis and Commentary

Updating The 2001 AUMF At Long Last? On The Flake-Kaine Bill

by Robert Chesney, Jack Goldsmith, Matthew Waxman, Benjamin Wittesvia Lawfare
Tuesday, May 30, 2017

It is past time for Congress to update the 2001 Authorization for the Use of Military Force (AUMF), explicitly authorizing the armed conflict with the Islamic State while also adding further important reforms to that foundational instrument. The bill that Senators Flake (R-AZ) and Kaine (D-VA) introduced this week would serve that purpose well.

Analysis and Commentary

Did Comey “Grandstand” Or "Politicize" The Russia Investigation?

by Jack Goldsmithvia Lawfare
Saturday, May 20, 2017

As is well known, President Trump told his Russian friends in the Oval Office: “I just fired the head of the F.B.I. He was crazy, a real nut job. I faced great pressure because of Russia. That’s taken off.” Yesterday afternoon, Sean Spicer tried to explain away the President's comments as follows: “By grandstanding and politicizing the investigation into Russia’s actions, James Comey created unnecessary pressure on our ability to engage and negotiate with Russia.”

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Another Bomb Drops: Initial Thoughts On Trump Asking Comey To Kill The Flynn Investigation

by Helen Klein Murillo, Jack Goldsmith, Susan Hennessey, Quinta Jurecic, Matthew Kahn, Paul Rosenzweig, Benjamin Wittesvia Lawfare
Tuesday, May 16, 2017

The New York Times is reporting that President Donald Trump asked then-FBI Director James Comey to drop the FBI’s investigation into former National Security Adviser Michael Flynn. 

Analysis and Commentary

Bombshell: Initial Thoughts On The Washington Post’s Game-Changing Story

by Jack Goldsmith, Susan Hennessey, Quinta Jurecic, Matthew Kahn, Benjamin Wittes, Elishe Julian Wittesvia Lawfare
Monday, May 15, 2017

The Washington Post this afternoon published a stunning story reporting that President Trump disclosed highly-classified information to Russian Foreign Minister Sergei Lavrov and Ambassador Sergey Kislyak during their visit to the Oval Office last week.

Analysis and Commentary

Justice Alito's Kiobel Concurrence And The “Touch And Concern” Circuit Split

by Jack Goldsmithvia Lawfare
Monday, May 15, 2017

As Lawfare readers know, the question of corporate liability under the Alien Tort Statute is once again before the Supreme Court. But other ATS issues are still dividing lower courts. One of them—recently covered by John here and here—is how much an ATS claim must “touch and concern” the United States to rebut the presumption against extraterritoriality, as outlined in Kiobel.

Analysis and Commentary

Partisan Political Figures Cannot Run The FBI

by Jack Goldsmith, Benjamin Wittesvia Lawfare
Monday, May 15, 2017

Rumors are flying that Donald Trump will soon nominate a replacement for James Comey as FBI Director—perhaps even before he leaves on his foreign trip at the end of this week. It’s hard to imagine the universe of people who would both accept the nomination in the current environment and in whom the public could repose confidence in holding the job. But some of the names Trump is reportedly considering should be unacceptable per se.

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Aegis on Lawfare

 
Aegis explores legal and policy issues at the intersection of technology and national security.  Published in partnership with Lawfare, it features long-form essays of the working group, examines major new books in the field, and carries podcasts and videos or the working group’s events in Washington and Stanford.

Security by the Book Podcasts

The Security by the Book podcast series features monthly interviews with authors of important, new national security-oriented books and publications.

The Working Group on National Security, Technology, and Law brings together national and international specialists with broad interdisciplinary expertise to analyze how technology affects national security and national security law and how governments can use that technology to defend themselves, consistent with constitutional values and the rule of law.

The group will focus on a broad range of interests, from surveillance to counterterrorism to the dramatic impact that rapid technological change—digitalization, computerization, miniaturization, and automaticity—are having on national security and national security law. Topics include cybersecurity, the rise of drones and autonomous weapons systems, and the need for and dangers of state surveillance. The group’s output will also be published on the Lawfare blog, which covers the merits of the underlying legal and policy debates of actions taken or contemplated to protect the nation and the nation’s laws and legal institutions.

Jack Goldsmith and Benjamin Wittes are the cochairs of the National Security, Technology, and Law Working Group.