Alex R. McQuade
Lawfare
United States
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Past articles by Alex:
The Week That Was: All of Lawfare In One Post
The 9/11 Military Commissions continued down at Guantanamo Bay this week. Susan Hennessey shared Chief Prosecutor Mark Martins’ statements in advance of the hearing. Clara Spera provided coverage of the commission’s morning and afternoon sessions on May 30. Former Taliban leader Mullah Mansour wasn’t the only insurgent targeted by U.S. airstrikes in recent weeks. Robert Chesney flagged the… → Read More
The Week That Was: All of Lawfare In One Post
Afghan Taliban leader Mullah Akhtar Mohammad Mansour was killed in a U.S. air strike over the weekend, throwing the Taliban into the second leadership shake-up in less than a year. Robert Chesney questioned if the AUMF was necessary for the strike in the first place. Benjamin Wittes and the rest of the Rational Security team were all thankful that they weren’t Mullah Mansour. Check out their… → Read More
The Week That Was: All of Lawfare in One Post
Military Commission hearings started up again down at Guantanamo this week, and as always, we had them covered. Cody Poplin shared a statement from Military Commissions Chief Prosecutor Mark Martins prior to this week’s hearings in the case of Abd al Hadi al Iraqi. Up next, Nora Ellingsen followed Tuesday's pre-trial hearings. In a different Military Commissions case, Benjamin Wittes flagged the… → Read More
The Week That Was: All of Lawfare in One Post
Benjamin Wittes, Cody Poplin, Quinta Jurecic, and Clara Spera released their major new reports on "sextortion." Cody Poplin featured Wittes’s online webcast discussing the new sextortion research. Ben later commented on the relationship between sextortion and cybersecurity and said that it is a great mistake not to think of the problem in cybersecurity terms. He also flagged the interaction… → Read More
The Week That Was: All of Lawfare in One Post
A U.S. servicemember is suing President Obama over his “undeclared” war against the Islamic State. Bruce Ackerman highlighted some key points in Captain Nathan Smith’s lawsuit against President Obama. Jack Goldsmith, however, told us that he is skeptical that the lawsuit will succeed. Unless you’ve been living under a rock this week, you already know that Donald Trump became the inevitable… → Read More
The Week That Was: All of Lawfare In One Post
Benjamin Wittes compared encryption to a living will and said that if and when someone murders him, he wants his iPhone accessible to his family and to law enforcement. Nicholas Weaver responded to Ben’s post and said that he already has his encrypted living will. Susan Landau presented the best and only way to secure us and prevent law enforcement from “going dark.” Matt Tait provided an… → Read More
The Week That Was: All of Lawfare in One Post
Jack Goldsmith featured his and Curt Bradley’s op-ed in the New York Times on the bill with which Congress aims to expose Saudi Arabia to lawsuits in American courts for its alleged role in the 9/11 attacks. John Bellinger followed up with Jack and Curt’s op-ed and shared some more information on sovereign immunity and the Justice Against Sponsors of Terrorism Act. Christine Fair, Jacob… → Read More
The Week That Was: All of Lawfare in One Post
Benjamin Wittes linked to State Department Legal Adviser Brian Egan’s speech at the annual meeting of the American Society of International Law. Ashley Deeks responded to his speech, highlighting Egan’s discussion of “imminence.” Jack Goldsmith, after analyzing the speech by Mr. Egan, told us that President Obama has embraced President Bush’s preemption doctrine. Daniel Bethlehem responded,… → Read More
Today's Headlines and Commentary
Islamic State militants reportedly used mustard gas against Syrian military forces. Reuters reports that the Islamic State “attacked Syrian army troops with mustard gas in an offensive against a Syrian military airport in the eastern province of Deir al Zor that borders Iraq.” Syria’s state-run media did not disclose any casualties and Reuters could not independently verify the media reports.… → Read More
Today's Headlines and Commentary
Two senior intelligence analysts at U.S. Central Command are claiming that the military forced them out of their jobs for telling the truth about President Obama’s war on the Islamic State. The Daily Beast reports that this is the “first known instance of possible reprisals against CENTCOM personnel after analysts accused their bosses of manipulating intelligence reports about the U.S.-led… → Read More
The Week That Was: All of Lawfare in One Post
Benjamin Wittes told us that the “going dark” debate is not going away even though the FBI found a way into the San Bernardino iPhone. Paul Rosenzweig followed up, stating that the FBI vs. Apple respite was non-existent. He bet that the FBI will not disclose on it cracked the San Bernadino iPhone because the bug is almost certainly not going to remain secret very long given the intense media… → Read More
Today's Headlines and Commentary
Last night, the Justice Department announced that it had withdrawn its legal effort to compel Apple to assist in the San Bernardino investigation. The FBI had found a way to unlock the infamous iPhone without the tech company’s help, ending the legal standoff. However, the New York Times writes that “law enforcement’s ability to now unlock an iPhone through an alternative method raises new… → Read More
Today's Headlines and Commentary
At least 72 people were killed, including many children, and hundreds more were injured in Lahore, Pakistan on Sunday when a suicide bomber attacked a park targeting Christians celebrating Easter. According to Pakistani police, Sunday’s blast was near a play area for children. Haider Ashraf, deputy inspector general of police in Lahore stated that “this was a soft target, innocent people, women… → Read More
The Week That Was: All of Lawfare in One Post
Robert Chesney and Steve Vladeck examined if there was a coherent middle ground in the Apple vs. FBI All Writs Act dispute. Cody Poplin flagged DOJ’s motion to postpone its hearing on the San Bernardino iPhone. Herb Lin commented on the spin surrounding the FBI's motion to postpone its court confrontation with Apple. Susan Hennessey and Benjamin Wittes stated that the possible tool to unlock the… → Read More
Today's Headlines and Commentary
Some security officials are indicating that the Islamic State has trained at least 400 fighters to attack Europe in “deadly waves of attacks.” The Associated Press tells us that the terrorist group, responsible for this week’s brutal strike against Brussels, is allegedly “deploying interlocking terror cells like the ones that struck Brussels and Paris with orders to choose the time, place, and… → Read More
Today's Headlines and Commentary
The Islamic State once again struck the heart of Europe earlier today, this time in Brussels, killing 30 people and wounding 230 others when explosions rocked Zaventem Airport and a busy metro train. The coordinated attacks have triggered heightened security in the Belgian capital and come just days after Belgian security officials arrested Salah Abdeslam, one of the alleged Paris attackers.… → Read More
The Week That Was: All of Lawfare in One Post
Cody Poplin linked us to President Obama’s announcement nominating Merrick Garland to SCOTUS. Following the announcement, Benjamin Wittes praised Merrick Garland’s nomination and highlighted his national security experience. Timothy Edgar asked Republicans if they were sure that they wanted to block Garland’s appointment. Later, Jack Goldsmith warned of the danger to Scalia’s legacy in the… → Read More
Today's Headlines and Commentary
Salah Abdeslam, the most wanted fugitive behind the Islamic State’s terrorist attacks in Paris last November, was arrested today after a shootout with police in Brussels. Media reports indicate that Abdeslam was wounded during the shootout with Belgian security forces in Brussels’ Molenbeek area. Earlier this week, Abdeslam’s fingerprints were found in a Brussels apartment raided by Belgian… → Read More
The Week That Was: All of Lawfare in One Post
Benjamin Wittes shared a Trans-Atlantic town hall dialogue he participated in with Germans on data privacy. Daniel Severson flagged how France has moved to require decryption capabilities in a counterterrorism bill designed to impose penalties on tech companies that fail to comply with the government in terrorism investigations. Ben also linked us to the government’s response to Apple. Michael… → Read More
Today's Headlines and Commentary
A recently defected Islamic State fighter has leaked thousands of documents that detail the bureaucracy and membership of the terror organization. According to NBC News, one of several media outlets that obtained the leaked documents, the group's recruitment forms include information pertaining to names, nicknames, birth dates, blood type, special skills, and even previous fighting experience.… → Read More