Let The Mass Protests Begin
This weekend was a good start.
Friday on #DogShirtTV, the estimable Alicia Wanless, the estimable Holly Berkley Fletcher, and I welcomed the estimable Dr. Amy Brunell, a professor of social psychology who studies narcissism in the social environment. I assume I don’t have to explain why we wanted to learn about narcissists?
Please note: There is no show tomorrow—Monday—morning, as I have a dentist appointment inconveniently scheduled for 8:00 am.
The Situation
In my “The Situation” column this weekend, I wrote about the confrontation between Chief Judge James Boasberg of the U.S. District Court in Washington and the Trump administration over deportations—in apparent violation of a court order—of Venezuelans under the Alien Enemies Act:
Today, let’s discuss whether the federal courts have what it takes to enforce their orders.
Talking about defying court orders is all the rage these days. It’s a common lament in Washington that President Trump might choose to just blow through any court orders that inconvenience him, and that the Supreme Court—out of fear of his defiance—will hesitate to order anything that may trigger his non-compliance.
Well, folks, we have a test case on our hands, one that should give us a good window into whether the courts are able to hold the administration to the law. It’s a case in which the defiance of a court’s order was blatant and pretty obviously willful and in which the judge seems bent on figuring out exactly what happened and who is responsible.
Friday On Lawfare
Compiled by the estimable Caroline Cornett
ICC Office of the Prosecutor Releases Draft Policy on Cyber-Enabled Crimes
Marko Milanovic outlines six takeaways from the Office of the Prosecutor of the International Criminal Court (ICC)’s draft policy on cyber-enabled crimes, which details how the Office will apply the Rome Statute when cyber is used to facilitate or commission crimes in its jurisdiction. Milanovic highlights practical challenges to implementing the policy and emphasizes the need for capacity-building and training within the Office:
In all of these ways, the Policy seeks to show that the Office’s mandate will not be outpaced by technology, and that the Rome Statute remains relevant to the criminal conduct of persons within the ICC’s jurisdiction, irrespective of the technological means they might employ. Again, there are practical difficulties in prosecuting cyber offenders, in the ordinary domestic context or in the international criminal one. These challenges should not be either underestimated or overestimated. The Office of the Prosecutor is committed to establishing an institutional environment that facilitates the effective investigation and prosecution of cyber-enabled crimes under the Rome Statute—and the need for this is increasingly pressing. The Policy is but a first step in this regard, and I am very grateful to all those who will contribute to the public consultation process in the months to come.
A ‘Sweeping Overhaul’ of the JAG Corps Poses Likely Dangers
Sarah Harrison explains how Secretary of Defense Pete Hegseth’s planned reform of the Judge Advocate General’s Corps (JAGs) may result in broad consequences for military operations and personnel discipline, including increased law of war violations and decreased regard for civilian protection:
Third, strong lawyers could be critically important during the coming period for precisely the reason that Hegseth has suggested they need to be removed: It could be a very precarious time in terms of the legality of the things the military is asked to do. These could include domestic actions that would seem to run afoul of the Posse Comitatus Act. Or they might involve international actions that the president has at various times entertained that the military would have to carry out—such as using force to take Greenland; taking military action against Iran; striking drug cartels in Mexico; or seizing control of the Panama Canal. Having credible JAGs in place may not have much impact on whether the military is ultimately used on these missions, but it at least can help ensure that commanders have sound legal advice when they make crucial decisions about missions.
Bonjour, Fellow IT Workers
In the latest edition of the Seriously Risky Business cybersecurity newsletter, Tom Uren discusses reports that North Korean cyber workers are expanding their operations to the European Union, intelligence that adversarial nations likely gathered from the Trump administration’s use of Signal, and the EU’s €1.3 billion investment into critical technologies:
The second type of sensitive information in these [Signal] chats includes the policy debates occurring between cabinet members. These discussions are not formally classified, but intelligence about them can be tremendously valuable for adversaries.
Let’s spell it out with this example: the cabinet's discussions about brokering peace between Russia and Ukraine. Intelligence from these chats would give Russian President Vladimir Putin insight into what Trump was thinking and therefore give Russia a tremendous advantage in any negotiations. This is top-tier strategic intelligence.
Podcasts
On Lawfare Daily, Hillary Hartley and David Eaves join Kevin Frazier to discuss the recent closure of 18F, a digital unit within the General Service Administration that focused on updating and enhancing government technological systems and public-facing digital services. Hartley and Eaves also published a recent Lawfare article on this topic, “Learning from the Legacy of 18F.”
Videos
On April 4 at 4 p.m. ET, Scott R. Anderson spoke to Anna Bower, Roger Parloff, James Pearce, and Steve Vladeck about the status of the civil litigation against President Donald Trump’s executive actions, including how the Supreme Court is handling the cases and deportations under the Alien Enemies Act.
Today’s #BeastOfTheDay is a baby who says “pet the baby”:
In honor of today’s Beast, go pet the nearest baby.
Today’s #BeastOfTheDay is not this cat, because dogs and cats are not eligible to be Beasts of the Day unless they perform a qualifying Act Of Valor. I (EJ Wittes) have considered this cat at length, and decided that, while a determination to participate in live orchestral performance is laudable in a feline, it does not constitute an Act Of Valor, and this cat cannot therefore be the #BeastOfTheDay. However, the cat is still a Beast of distinction and good taste and deserves recognition:
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