Happy Canadian Election Day
An entire country goes to the polls to tell Trump to fuck off
Good Afternoon:
The front page of the Globe and Mail as I write.
I took a few days off, as I was on the road in the California, and am writing this from the flight on my way home.
Documents
U.S. District Judge Colleen Kollar-Kotelly blocks part of the president’s elections executive order. I haven’t read the opinion yet.
Judge Charlotte N. Sweeney of the U.S. District Court in Colorado has issued an important opinion both imposing substantial procedural obstacles to the removal of aliens under the Alien Enemies Act from Colorado and calling into question the executive branch’s invocation of the act in the first place:
Some new CECOT cases from last week:
J.O.P. v. DHS—This is the case in which an asylum seeker was deported to CECOT under the AEA despite a 2019 class action settlement that precluded this. It is the second case in which a Maryland judge has ordered the government to “facilitate” his return, in an order that specifically references Judge Paula Xinis’s earlier order. Judge Stephanie Gallagher was appointed by President TRump.
Vaamondos Barrios v. DHS—The petitioner had a final order of removal to Venezuela and was taken to CECOT instead; his wife filed a habeas petition on his behalf arguing that the administration had no legal basis to take him to El Salvador instead of Venezuela.
Here’s the criminal complaint against the Wisconsin judge, Hannah Dugan.
Friday on #DogShirtTV, the estimable Holly Berkley Fletcher brought us an estimable guest, sociologist
, who has a new book out about how Christian universities are terrified of everything. We talked about what they’re scared of and why, and how they need to change in order to contribute positively to American Christianity. Check out the book here, John also has a Substack you should check out here:
Friday On Lawfare
Compiled by the estimable Caroline Cornett
A Reporter’s Notes of the April 23 Perkins Coie Hearing
Roger Parloff reports from an April 23 hearing on dispositive motions in Perkins Coie v. U.S. Department of Justice, in which United States District Judge Beryl A. Howell questioned parties about the administration's justification for executive orders targeting law firms, the specifics of deals some firms have made with the administration, and cancellation of employees’ security clearances:
Lawson presses on. He suggests that this is not punishment but rather simply an exercise of the inherent discretion of the executive. The section is not designed to punish, he asserts; it’s designed to address the concerns of section 1. He cites the broad discretion the U.S. Court of Appeals for the D.C. Circuit granted the executive in making security clearance decisions in Lee v. Garland.
Advancing Secure by Design through Security Research
Jen Easterly and Jack Cable argue that U.S. policymakers should address outdated anti-hacking laws inhibiting testing and encourage software vendors to disclose vulnerabilities to strengthen security research and compete with China:
Existential threats demand decisive actions. One of the most effective ways to counter the PRC’s strategy is by securing the technology products that underpin U.S. critical infrastructure. The vulnerabilities China is exploiting are not inevitable; with enough investment, the majority can be prevented, thereby raising our national security baseline. This is a national-scale effort that requires collaboration among technology manufacturers, their customers, and government.
When Pig (Butcherers) Fly
In the latest edition of the Seriously Risky Business cybersecurity newsletter, Tom Uren discusses the Southeast Asian organized crime scam compounds expanding into legitimate industries, the future of the Cybersecurity and Infrastructure Security Agency’s Secure by Design initiative after the departure of two senior advisers, and an unidentified threat actor targeting Russian military personnel:
There is some good news. Kind of. Part of the reason these Southeast Asian crime groups have expanded overseas and into supposedly legitimate businesses is in response to strong government action against them. This has included military action in Myanmar, and strong Thai and Philippine government efforts.
Every silver lining has a cloud, unfortunately. This strong action has pushed these criminal syndicates to move into areas with relatively limited capacity to deal with transnational crime, such as countries in the Pacific Islands, Africa, South America and Georgia.
Podcasts
On Lawfare Daily, Michael Sulmeyer joins Daniel Byman to discuss the cyber threat landscape, how actors might leverage artificial intelligence, and the key role of allies in cyberdefense:
Videos
On April 25 at 4 p.m. ET, I sat down with Anna Bower, Quinta Jurecic, Parloff, James Pearce, and Preston Marquis to discuss the status of the civil litigation against President Trump’s executive actions:
Today’s #BeastOfTheDay is a yogurt monster:
Luckily for these poor rats, there exists defense technology for rodents who just want to eat their yogurt in peace and freedom, without being molested by yogurt monsters. Behold:
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