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Minority Views
MINORITY VIEWS The Minority Members of the House Permanent Select Committee on Intelligence on March 26, 2018 submit the following Minority Views to the Majority-produced "Repo11 on Russian Active Measures, March 22, 2018." Devin Nunes, California, CMAtRMAN K. Mich.J OI Conaw ay, Toxas Pe1 or T. King. New York F,ank A. LoBiondo, N ew Jersey Thom.is J. Roonev. Florida UNCLASSIFIED Ileana ROS·l chtinon, Florida HVC- 304, THE CAPITOL Michnel R. Turner, Ohio Brad R. Wons1 rup. Ohio U.S. HOUSE OF REPRESENTATIVES WASHINGTON, DC 20515 Ou is S1cwart. U1ah (202) 225-4121 Rick Cr.,w ford, Arka nsas P ERMANENT SELECT C OMMITTEE Trey Gowdy, South Carolina 0A~lON NELSON Ellsr. M . S1nfn11ik, Nnw York ON INTELLIGENCE SrAFf. D IREC f()ti Wi ll Hurd, Tcxa~ T11\'10l !IV s. 8 £.R(.REE N At1am 8 . Schiff, Cohforn1a , M tNORllV STAFF OtR ECToq RANKIN G M EMtlER Jorncs A. Himes, Connec1icut Terri A. Sewell, AlabJma AndrC Carso n, lncli.1 na Jacki e Speier, Callfomia Mike Quigley, Il linois E,ic Swalwell, California Joilq u1 0 Castro, T exas De nny Huck, Wash ington P::iul D . Ry an, SPCAl([ R or TH( HOUSE Noncv r c1os1. DEMOC 11t.1 1c Lr:.11.orn March 26, 2018 MINORITY VIEWS On March I, 201 7, the House Permanent Select Commiltee on Intelligence (HPSCI) approved a bipartisan "'Scope of In vestigation" to guide the Committee's inquiry into Russia 's interference in the 201 6 U.S. e lection.1 In announc ing these paramete rs for the House of Representatives' onl y authorized investigation into Russia's meddling, the Committee' s leadership pl edged to unde1take a thorough, bipartisan, and independent probe. -
The Contributions of the Obama Administration to the Practice and Theory of International Law
\\jciprod01\productn\H\HLI\57-2\HLI205.txt unknown Seq: 1 14-OCT-16 13:24 Volume 57, Number 2, Spring 2016 The Contributions of the Obama Administration to the Practice and Theory of International Law Jack Goldsmith* My aim in this essay is to give a tour of the horizon of the Obama admin- istration’s international law record in order to identify the distinctiveness of its approach and to tie it in to some general themes in international and foreign relations law. Due to his upbringing and education, Barack Obama came to the Presi- dency with a cosmopolitan outlook and an informed commitment to inter- national law. This attitude differed sharply from his predecessor, George W. Bush, who was suspicious of international law and generally viewed it as an obstacle to the exercise of American power. By contrast, Obama devoted a chapter of his 2006 book The Audacity of Hope to international relations and made plain that he understood international law intimately and viewed it as a constructive force in international relations.1 He criticized the view that “international law [was] an encroachment on American sovereignty [and] a foolish constraint on America’s ability to impose its will around the world”—a position that Obama associated with Henry Cabot Lodge, but one that might also describe the early Bush administration.2 And Obama argued it was “in America’s interest to work with other countries to build up international institutions and promote international norms . because the more international norms were reinforced and the more America sig- naled a willingness to show restraint in the exercise of its power, the fewer the number of conflicts that would arise.”3 On the campaign trail Obama gave voice to this attitude when he criticized the Bush administration for its weak compliance with U.S. -
Attorney General Barr Letter on Mueller Report, LAWFARE (Mar. 24, 2019, 3:44 PM)
April 11, 2019 VIA ONLINE PORTAL Douglas Hibbard Chief, Initial Request Staff Office of Information Policy U.S. Department of Justice 1425 New York Avenue NW Suite 11050 Washington, DC 20530-0001 Via FOIAOnline Re: Expedited Freedom of Information Act Request Dear Mr. Hibbard: Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the implementing regulations of the Department of Justice (DOJ), 28 C.F.R. Part 16, American Oversight makes the following request for records. Requested Records American Oversight requests that DOJ produce the following within twenty business days and seeks expedited review of this request for the reasons identified below: 1. All communications (including emails, email attachments, letters, messages sent by courier, and other communications) attaching or otherwise including any draft, or any portion of a draft, of Attorney General William Barr’s March 24, 2019 letter to the Judiciary Committees of the U.S. Senate and the U.S. House of Representatives concerning Special Counsel Robert Mueller’s “Report on the Investigation into Russian Interference in the 2016 Presidential Election.”1 2. All records reflecting communications (including emails, email attachments, telephone call logs, talking points, electronic or handwritten notes, or drafts used as reference documents during oral communications) between DOJ and any employee or official at the White House regarding Attorney General William Barr’s March 24, 2019 letter to the Judiciary Committees of the U.S. Senate and the U.S. House of Representatives concerning Special Counsel Robert Mueller’s “Report on the Investigation into Russian 1 A copy of Attorney General Barr’s letter can be viewed here: Quinta Jurecic, Document: Attorney General Barr Letter on Mueller Report, LAWFARE (Mar. -
Legal Dilemmas Facing White House Counsel in the Trump Administration: the Costs of Public Disclosure of Fisa Requests
LEGAL DILEMMAS FACING WHITE HOUSE COUNSEL IN THE TRUMP ADMINISTRATION: THE COSTS OF PUBLIC DISCLOSURE OF FISA REQUESTS Peter Margulies* INTRODUCTION Not every presidential administration can forge a new brand of government lawyering. Historically, government lawyering has swung between two poles: (1) dialogic lawyering, which stresses reasoned elaboration, respect for institutions, and continuity with unwritten norms embodied in past practice; and (2) insular lawyering, which entails opaque definitions, disregard of other institutions, and departures from unwritten norms.1 Because President Trump regularly signals his disdain for institutions, such as the intelligence community, and unwritten norms, such as prosecutorial independence,2 senior lawyers in the White House have added a new mode of legal representation that entails ad hoc adjustments to President Trump’s mercurial decisions and triage among the presidential decisions they will try to temper. Call it: lifeboat lawyering. Lifeboat lawyering, as practiced by Donald F. McGahn II—the first White House Counsel of the Trump administration3—and others, involves * Professor of Law, Roger Williams University School of Law. B.A., Colgate University; J.D., Columbia Law School. I thank Bob Bauer and participants at the Fordham Law Review Colloquium on The Varied Roles, Regulation, and Professional Responsibility of Government Lawyers for comments on a previous draft. For more information on the Colloquium, which was hosted by the Fordham Law Review and the Stein Center for Law and Ethics on October 12, 2018, at Fordham University School of Law, see Bruce A. Green, Lawyers in Government Service—a Foreword, 87 FORDHAM L. REV. 1791 (2019). 1. See Peter Margulies, Reforming Lawyers into Irrelevance?: Reconciling Crisis and Constraint at the Office of Legal Counsel, 39 PEPP. -
Speaker Bios
Intelligence Reform and Counterterrorism after a Decade: Are We Smarter and Safer? October 16 – 18, 2014 University of Texas at Austin THURSDAY, OCTOBER 16 Blanton Museum, UT Campus 4:00-5:00pm Welcome Remarks and Discussion: Admiral William McRaven (ret.) Admiral McRaven is the ninth commander of United States Special Operations Command (USSOCOM), headquartered at MacDill Air Force Base, Fla. USSOCOM ensures the readiness of joint special operations forces and, as directed, conducts operations worldwide. McRaven served from June 2008 to June 2011 as the 11th commander of Joint Special Operations Command (JSOC) headquartered at Fort Bragg, N.C. JSOC is charged to study special operations requirements and techniques, ensure interoperability and equipment standardization, plan and conduct special operations exercises and training, and develop joint special operations tactics. He served from June 2006 to March 2008 as commander, Special Operations Command Europe (SOCEUR). In addition to his duties as commander, SOCEUR, he was designated as the first director of the NATO Special Operations Forces Coordination Centre where he was charged with enhancing the capabilities and interoperability of all NATO Special Operations Forces. McRaven has commanded at every level within the special operations community, including assignments as deputy commanding general for Operations at JSOC; commodore of Naval Special Warfare Group One; commander of SEAL Team Three; task group commander in the U.S. Central Command area of responsibility; task unit commander during Desert Storm and Desert Shield; squadron commander at Naval Special Warfare Development Group; and SEAL platoon commander at Underwater Demolition Team 21/SEAL Team Four. His diverse staff and interagency experience includes assignments as the director for Strategic Planning in the Office of Combating Terrorism on the National Security Council Staff; assessment director at USSOCOM, on the staff of the Chief of Naval Operations, and the chief of staff at Naval Special Warfare Group One. -
The Uses of Law in the Bush Administration (In Julian Zelizer, Ed., the Presidency of George W
A Sword and a Shield: The Uses of Law in the Bush Administration (In Julian Zelizer, ed., The Presidency of George W. Bush: A First Historical Assessment (Princeton University Press, 2010)) Mary L. Dudziak USC Legal Studies Research Paper No. 09-39 LEGAL STUDIES RESEARCH PAPER SERIES University of Southern California Law School Los Angeles, CA 90089-0071 THE PRESIDENCY OF George W, Bush A First Historical Assessment furrnN E. ZuuzER, Editor Princeton University Press Princeton and Oxford ADVANCE PRAISE FOR The Presidency of George W: Bush "George W. Bush once stated that 'we'll all be dead' by the time history casts its judgment on his presidency. Instead, in this engaging and timely portrait of the Bush era, eleven leading scholars assess the 'war on terror,' the resurrection of the imperial presidency, the effects of tax cuts and corporate deregulation, and other foreign and domestic policies promoted by big-government conservatism. While acknowledgitg the administration's political accomplishments, the contributors to this volume emphasize the ultimate failures of the Bush presidency and the conservative movement's strategies of governance." Lassiter, of Michigan -Matthew D. University "This impressive collection features brilliant essays by some of America's best historians on the presidency of George 'V(/'. Bush. It's all here- from the Bush v. Gore Supreme Court decision that sealed Bush's first- term victory to the stunning financial crisis that closed his tenure in office. This stimulating and highly accessible volume is must readin g for scholars, journalists, and concerned citizens." -Eric M. Patashnik, author of Reforms at Risk 'An all-star cast of historians examines the perplexing presidency of George W. -
Don't Panic: Making Progress on the 'Going Dark' Debate
Foreword Just over a year ago, with support from the William and Flora Hewlett Foundation, the Berkman Center for Internet & Society at Harvard University convened a diverse group of security and policy experts from academia, civil society, and the U.S. intelligence community to begin to work through some of the particularly vexing and enduring problems of surveillance and cybersecurity. The group came together understanding that there has been no shortage of debate. Our goals were to foster a straightforward, non-talking-point exchange among people who do not normally have a chance to engage with each other, and then to contribute in meaningful and concrete ways to the discourse on these issues. A public debate unfolded alongside our meetings: the claims and questions around the government finding a landscape that is “going dark” due to new forms of encryption introduced into mainstream consumer products and services by the companies who offer them. We have sought to distill our conversations and some conclusions in this report. The participants in our group who have signed on to the report, as listed on the following page, endorse “the general viewpoints and judgments reached by the group, though not necessarily every finding and recommendation.” In addition to endorsing the report, some signatories elected to individually write brief statements, which appear in Appendix A. Our participants who are currently employed full-time by government agencies are precluded from signing on because of their employment, and nothing can or should be inferred about their views from the contents of the report. We simply thank them for contributing to the group discussions. -
Trends and Predictions in Foreign Intelligence Surveillance: the FAA and Beyond
ARTICLES Trends and Predictions in Foreign Intelligence Surveillance: The FAA and Beyond David S. Kris* It is a strange time for national security. Beginning in 2013, Edward Snowden’s leaks caused the U.S. government to significantly reduce the scope, and in- crease the transparency, of its foreign intelligence surveillance, while the president urged caution and restraint in response to the extraordinary rise of the Islamic State of Iraq and the Levant (ISIL). At the same time, U.S. communi- cations providers sought additional reforms and reduced their cooperation with surveillance directives in important cases. Finally, anti-surveillance politicians, on the right and left of the U.S. political spectrum, prospered as part of a burgeoning populist movement. In Western Europe, by contrast, ISIL’s rise spurred a significant and overt expansion of surveillance authorities. European governments, particularly the United Kingdom, began making increasingly strident demands for communications data from U.S. providers. And the Euro- pean Union struck down the safe-harbor regime for trans-Atlantic data sharing on the grounds that U.S. surveillance laws do not adequately protect privacy. Despite increased transparency, as of January 2016, the immense technical and legal complexity of U.S. surveillance law continues to challenge informed debate across all of these fronts. In this highly charged and confused environment, Congress will soon take up the Foreign Intelligence Surveillance Act (FISA) Amendments Act (FAA), which is set to expire at the end of 2017. I make six predictions about the issues likely to dominate that legislative process. Most of those issues concern incremental change, and a range of possible outcomes well within existing legal and policy * David S. -
Quinta Jurecic's CV
QUINTA JURECIC EMPLOYMENT Brookings Institution Fellow May 2021—present Research Analyst July 2017 — April 2018 Research Assistant July 2016 — July 2017 Lawfare Senior Editor May 2021—present Managing Editor April 2018 —May 2021 Deputy Managing Editor January 2018 — April 2018 Associate Editor July 2016 — August 2017 The Atlantic May 2018 — present Contributing Writer Contribute essays regularly to the publication. From November 2019 through August 2019, wrote a weekly feature with Benjamin Wittes on the impeachment of President Trump and its aftermath. Georgetown School of Foreign Service August 2019 — December 2019 Adjunct Professor Taught undergraduate writing seminar on “Writing About Law.” Washington Post August 2017 — January 2018 Editorial Writer Wrote unsigned editorials for the Washington Post Editorial Board, focusing on law and national politics. Contributed multiple op-eds for publication on the paper’s editorial page. EDUCATION Wesleyan University, Middletown, CT B.A. in Government, High Honors and University Honors (the University’s highest award) 2015 Additional Honors: Phi Beta Kappa Honors Thesis: “Records of Anguish: Democracy, Dirty Hands, and the Myth of the Tragic Politician” FELLOWSHIPS Craig Newmark Cyber Journalism Fellow October 2019 1 PUBLIC ENGAGEMENT Co-host of “Arbiters of Truth,” Lawfare’s weekly podcast series on disinformation and misinformation. Contributed commentary on MSNBC and radio networks including WNYC, WHYY, and KCRW, as well as print outlets including the New York Times, the New Yorker, and Politico. -
The Smear Campaign Against Mueller: Debunking the Nunes Memo and the Other Attacks on the Russia Investigation
The Smear Campaign Against Mueller: Debunking the Nunes Memo and the Other Attacks on the Russia Investigation Noah Bookbinder, Norman Eisen, Caroline Fredrickson, and Kristin Amerling1 January 31, 2018 1 Noah Bookbinder is the executive director of Citizens for Responsibility and Ethics in Washington (CREW) and a former federal corruption prosecutor. Norman Eisen, a senior fellow at the Brookings Institution, is the chairman of CREW, a former chief White House ethics lawyer and Ambassador to the Czech Republic. Caroline Fredrickson is president of the American Constitution Society (ACS). Kristin Amerling is special counsel for investigations for the joint ACS-CREW Presidential Investigation Education Project and former chief counsel to several congressional committees. This memorandum was prepared for the Presidential Investigation Education Project, a joint initiative by ACS and CREW to promote informed public evaluation of the investigations by Special Counsel Robert Mueller and others into Russian interference in the 2016 election and related matters. This effort includes developing and disseminating legal analysis of key issues that emerge as the inquiries unfold and connecting members of the media and public with ACS and CREW experts and other legal scholars who are writing on these matters. The authors would like to thank Jennifer Ahearn, Maya Gold, and Conor Shaw at CREW; Sathya Gosselin, Tamara Freilich, and Jeanette Bayoumi at Hausfeld LLP; and many others for their contributions to this report. Table of Contents Introduction .................................................................................................. 3 Executive Summary ..................................................................................... 5 I. Mueller Does Not Have Conflicts of Interest that Disqualify Him from Being Special Counsel ........................... 8 II. Mueller’s Investigative Team Does Not Face Conflicts of Interest ...................................................................... -
The Trump Administration's Approach to International Law and Courts: Are We Seeing a Turn for the Worse?, 51 Case W
Case Western Reserve Journal of International Law Volume 51 | Issue 1 2019 The rT ump Administration's Approach to International Law and Courts: Are We Seeing a Turn for the Worse? John B. Bellinger III Follow this and additional works at: https://scholarlycommons.law.case.edu/jil Part of the International Law Commons Recommended Citation John B. Bellinger III, The Trump Administration's Approach to International Law and Courts: Are We Seeing a Turn for the Worse?, 51 Case W. Res. J. Int'l L. 7 (2019) Available at: https://scholarlycommons.law.case.edu/jil/vol51/iss1/20 This Article is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Journal of International Law by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. Case Western Reserve Journal of International Law 51 (2019) The Trump Administration’s Approach to International Law and Courts: Are We Seeing a Turn for the Worse? John B. Bellinger III* CONTENTS Introduction ...................................................................................... 7 International Courts and Tribunals ............................................... 12 The International Criminal Court (ICC) ..............................................12 International Court of Justice (ICJ) .....................................................16 Treaties and International Agreements ......................................... 21 -
Amicus Brief
No. 17-965 IN THE Supreme Court of the United States ———— DONALD J. TRUMP, et al., Petitioners, v. STATE OF HAWAII, et al., Respondents. ———— On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit ———— BRIEF OF AMICI CURIAE FORMER NATIONAL SECURITY OFFICIALS IN SUPPORT OF RESPONDENTS ———— PHILLIP SPECTOR HAROLD HONGJU KOH MESSING & SPECTOR LLP Counsel of Record 1200 Steuart Street MATTHEW S. BLUMENTHAL #2112 RULE OF LAW CLINIC Baltimore, MD 21230 YALE LAW SCHOOL (202) 277-8173 127 Wall Street P.O. Box 208215 JONATHAN FREIMAN New Haven, CT 06520 TAHLIA TOWNSEND (203) 432-4932 WIGGIN AND DANA LLP [email protected] 265 Church Street P.O. Box 1832 WILLIAM J. MURPHY New Haven, CT 06508-1832 JOHN J. CONNOLLY (203) 498-4584 ZUCKERMAN SPAEDER LLP 100 E. Pratt St. Suite 2440 Baltimore, MD 21202 (410) 332-0444 Counsel for Amici Curiae March 30, 2018 WILSON-EPES PRINTING CO., INC. – (202) 789-0096 – WASHINGTON, D. C. 20002 i TABLE OF CONTENTS Page TABLE OF AUTHORITIES ....................................... ii STATEMENT OF INTEREST.................................... 1 SUMMARY OF ARGUMENT .................................... 2 ARGUMENT ............................................................... 4 I. This Court Should Not Reflexively Defer to Petitioners’ Claims of National Security and Foreign Policy Judgment ...................................... 4 II. Petitioners’ Actions Do Not Merit This Court’s Deference ............................................................... 7 A. The Orders did not emerge from the considered judgment of national security or foreign policy officials. ................... 7 B. The Orders do not advance the national security or foreign policy interests of the United States, and in fact do serious harm to those interests ............................................ 15 1. The Orders do not advance the national security or foreign policy interests of the United States ............................................