Notices by Lawfare (lawfare@mastodon.social)

"But by naming not one but four wildly unqualified—even anti-qualified—nominees, Trump actually makes them each harder for senators to oppose."

Benjamin Wittes contemplates the president-elect’s nomination of Gaetz, Gabbard, RFK Jr., and Hegseth. https://www.lawfaremedia.org/article/the-situation--four-is-easier-than-one

"Understanding these limitations—and being prepared to enforce them through the courts—may well be the best way to fight back against potential abuse."

Scott Anderson explains the limits of what a president could do with soldiers deployed domestically. https://www.lawfaremedia.org/article/the-real-legal-limits-on-domestic-military-deployments

"Regardless of how President-elect Trump’s second term unfolds, we remain steadfast in Lawfare’s commitment to independent, nonpartisan analysis, research, and reporting on all issues related to national security, law, and policy," writes Benjamin Wittes. https://www.lawfaremedia.org/article/the-situation--lawfare-s-role-during-the-second-trump-administration

"The moral of the story of the Trump trials is that the criminal justice system will not ultimately rein in the tyrant if the people don’t want it to."

Benjamin Wittes considers the value of the criminal prosecutions of Donald Trump. https://www.lawfaremedia.org/article/the-situation--were-all-the-trump-trials-pointless

"[I]f we are going to protect democracy, the actions of the state matter more than the criminal actions of the man."

Benjamin Wittes reflects on the 2024 election and offers a few guideposts on how to deal with lawful democratic assaults. https://www.lawfaremedia.org/article/no-recriminations--just-democratic-survival

If today's election results in an Electoral College tie, a contingent election would occur in Congress. Will Bernstein, Arianna Bufalino, Robert Debenedetti, and John Greenberg explain how it might unfold.
www.lawfaremedia.org/article/navigating-uncertainties-in-the-contingent-election-process

Today, U.S. intelligence officials released a partially redacted document outlining the potential for foreign actors, like China, Iran, and Russia, to exert influence on and after the 2024 presidential election. Read the briefing doc from Olivia Manes. www.lawfaremedia.org/article/intelligence-briefing-outlines-foreign-influence-threats-to-u.s.-elections

Daphne Keller discusses content moderation’s transformation into a “compliance function,” and considers what can go wrong as government regulators and the courts become more involved in governing speech online. https://lawfaremedia.org/article/the-rise-of-the-compliant-speech-platform

ICYMI: Watch Scott Anderson, Quinta Jurecic, Roger Parloff, and Anna Bower discuss Special Counsel Jack Smith's immunity motion in the Jan. 6 case against Trump, what new information was included, and where the case goes from here. https://www.youtube.com/live/4z51l5wWfEA?feature=shared

Today, former President Trump submitted a motion in opposition to Special Counsel Jack Smith's proposed redactions of the gov't's presidential immunity motion, pushing for greater redactions. Read the motion on #DocketWatch: D.C., updated by Matt Gluck. https://www.lawfaremedia.org/current-projects/the-trump-trials/trump-prosecuted-in-the-district-of-columbia/docket-watch-trump-prosecuted-in-dc

The Biden admin's compliance with laws restricting arms transfers on human rights or humanitarian grounds has been disputed by legislators, NGOs, and former gov't officials. John Ramming Chappell looks at why lawsuits to enforce restrictions have been unsuccessful. https://www.lawfaremedia.org/article/why-courts-don-t-enforce-arms-transfer-restrictions-under-u.s.-law

In a review of Chinese defense articles on AI's warfare implications, Sam Bresnick found that many Chinese experts fear "that the technology could lead to rapid, uncontrollable, and potentially catastrophic conventional—and even nuclear—escalations." https://lawfaremedia.org/article/could-ai-lead-to-the-escalation-of-conflict--prc-scholars-think-so

"Early laws directed at catastrophic AI risk...are a small step in the right direction. The cautious, government-skeptical philosophy adopted by some pundits risks delaying meaningful restrictions on dangerous technologies until it is far too late," writes Matthew Tokson. https://www.lawfaremedia.org/article/uncertainty--catastrophic-risk--and-ai-regulation

Today, Special Counsel Jack Smith filed his opening brief in his appeal of Judge Cannon's order dismissing the classified documents indictment against former President Trump. Read the filing on #DocketWatch: Mar-a-Lago, updated by Anna Hickey. https://www.lawfaremedia.org/current-projects/the-trump-trials/trump-prosecuted-in-the-southern-district-of-florida/docket-watch-trump-prosecuted-in-the-southern-district-of-florida

"As the final stretch of the 2024 campaign approaches, it’s clear that influence operations are here to stay—U.S. adversaries are evolving, and policymakers and the media must respond accordingly."
Renee DiResta on the Iranian hack of the Trump campaign. https://www.lawfaremedia.org/article/iran-hack-illuminates-long-standing-trends-and-raises-new-challenges

Tomorrow at 4 p.m. ET, watch Benjamin Wittes, Roger Parloff, and Anna Bower discuss Justice Merchan's denial of Trump's motion for his recusal, Judge Chutkan's order granting the gov't's motion for extension of time, and more on this week's Trump's Trials and Tribulations. https://www.lawfaremedia.org/article/lawfare-live--trump's-trials-and-tribulations--aug.-15

Rose Lewis and David Lamb describe Mexico’s lawsuit against American gunmakers over the flow of illegal guns from the U.S., the First Circuit's ruling that the companies could be sued, and the suit's implications for gun manufacturers’ liability. https://www.lawfaremedia.org/article/first-circuit-highlights-role-of-u.s.-gunmakers-in-border-crisis

On July 31, the DHS IG released a report on the Secret Service's handling of the Jan. 6, 2021 attack on the U.S. Capitol, finding that it did not anticipate the level of violence that occurred and emphasized the need for improved security measures. Read the report, from Julien Berman.
https://www.lawfaremedia.org/article/dept.-of-homeland-security-oig-releases-report-on-secret-service-s-response-to-jan.-6-attack-on-the-u.s.-capitol

Today Manhattan DA Alvin Bragg filed a motion opposing former President Trump's motion to vacate the New York hush money conviction under SCOTUS's presidential immunity decision. Read the motion on #DocketWatch: New York, updated by Katherine Pompilio. https://www.lawfaremedia.org/current-projects/the-trump-trials/new-york/docket-watch-trump-prosecuted-in-new-york

Today Special Counsel Jack Smith filed a notice of appeal of Judge Cannon's order dismissing the classified documents case against former President Trump. Find the order on #DocketWatch: Mar-a-Lago. https://www.lawfaremedia.org/current-projects/the-trump-trials/trump-prosecuted-in-the-southern-district-of-florida/docket-watch-trump-prosecuted-in-the-southern-district-of-florida