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Lawfare

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<p>Straight-shooting information and analysis at the intersection of national security, law, and policy.</p>

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    Today&#39;s Lawfare Daily is a Security Economics episode where Peter Harrell spoke to Sander Tordoir about the new trade instruments the European Union is developing to make itself more nimble in pushing back against Chinese trade issues and whether Europe might one day use those instruments against the U.S. as well. https://youtu.be/EbnKRCflbH0

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    “The process by which Hitler consolidated dictatorial power provides a strong parallel and perhaps precedent to that of Donald Trump’s second term, especially through most of the year 2025,” writes Benjamin Carter Hett in his review of Timothy Ryback&#39;s “53 Days: How Hitler Dismantled a Democracy” https://www.lawfaremedia.org/article/hitler-s--flood-the-zone--strategy

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    In this week’s Seriously Risky Business, Tom Uren unpacks China’s AI charm offensive toward the West, attackers exploiting PHP bugs, CISA missing the memo on AI, and more. Read the latest edition on Lawfare: https://www.lawfaremedia.org/article/chinese-ai-can-learn-to-love-the-west

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    Following the hearing in the criminal case of former FBI agents charged with lying to Congress, Benjamin Wittes will sit down with Anna Bower and Roger Parloff to break it down. https://youtube.com/live/-zvTxp7j1O0

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    A State Department report obtained by Lawfare found a more than 12-year backlog for reviewing allegations of human rights violations committed by Israeli military units receiving U.S. assistance. Tyler McBrien explains the implications of the Inspector General report. https://www.lawfaremedia.org/article/newly-public-ig-report-sheds-light-on-biden-administration-arms-transfers-to-israel

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    It&#39;s the “Not So Super Tuesday” Edition! On this week&#39;s Rational Security, Scott Anderson, Natalie Orpett, Mike Feinberg, and Molly Roberts discussed the week’s big election news, including whether voters will encounter federal agents at the polls, how worried we should be about foreign election influence, and more. https://www.lawfaremedia.org/article/rational-security--the--not-so-super-tuesday--edition

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    The future of Israeli politics is very uncertain. Natalie Orpett sat down with Natan Sachs, Joel Braunold, and Benjamin Wittes to talk about the Oct. 27 elections in Israel, record turnout by Israeli voters, especially Arab Israelis, and the questions that remain on Lawfare Daily. https://youtu.be/rR1BcnjlcAE

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    China’s new immersion lithography tools, which would compete with the Dutch company ASML, are not yet production-ready, but continued allied and U.S. servicing help China close the remaining gap. Ethan Chiu explains how existing export control rules could slow Beijing&#39;s progress. https://www.lawfaremedia.org/article/washington-s-overlooked-leverage-over-china-s-chip-ambitions

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    China’s new immersion lithography tools, which would compete with the Dutch company ASML, are not yet production-ready, but continued allied and U.S. servicing help China close the remaining gap. Ethan Chiu explains how existing export control rules could slow Beijing&#39;s progress. https://www.lawfaremedia.org/article/washington-s-overlooked-leverage-over-china-s-chip-ambitions

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    The future of Israeli politics is very uncertain. Natalie Orpett sat down with Natan Sachs, Joel Braunold, and Benjamin Wittes to talk about the Oct. 27 elections in Israel, record turnout by Israeli voters, especially Arab Israelis, and the questions that remain on Lawfare Daily. https://youtu.be/rR1BcnjlcAE

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    &quot;A regulatory regime for model weights that adheres to the guardrails of the First Amendment will be legal if they are speech and will inoculate this nascent technology against abuse even if they aren’t,&quot; writes Ben Vagle. https://www.lawfaremedia.org/article/a-first-amendment-approach-to-regulating-ai-model-weights

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    On Oct. 26, a district judge ruled that Assistant U.S. Attorney Maurene Comey was unlawfully fired from the DOJ. Nick Bednar explains how this case may help other federal employees who have been removed from their positions, depending on how other cases are resolved. https://www.lawfaremedia.org/article/can-the-attorney-general-remove-assistant-u.s.-attorneys-at-will

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    On Lawfare Daily, Justin Sherman sat down with FCC&#39;s Andy Hendrickson and Alice Suh Jou to discuss the process for testing and certifying devices in the United States, the national security risks of offshoring testing and certification, and the FCC’s “Bad Labs” rulemaking. https://www.lawfaremedia.org/article/lawfare-daily--fcc-s-bad-labs-rulemaking-with-fcc-s-andy-hendrickson-and-alice-jou

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    Lawfare is an independent, nonpartisan media organization that exists to explain the law and national security issues shaping our world. If you value that kind of reporting, consider supporting our work: https://www.lawfaremedia.org/support

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    The U.S.-Taiwan Agreement on Reciprocal Trade states that Taiwan “shall align” its export controls with U.S. rules. William Yuen Yee writes that what that “alignment” looks like in practice is unclear and how Taipei resolves these ambiguities has significant implications. https://www.lawfaremedia.org/article/the-u.s.-taiwan-art-s-export-control-puzzle

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    &quot;The fight over the fate of East Potomac Golf Links has revealed the almost impossible position the courts find themselves in when they can’t trust the government after all.&quot; Molly Roberts explains why a case over President Trump’s plans to renovate a golf course matters. https://www.lawfaremedia.org/article/how-judge-reyes-became-the-lorax

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    On Lawfare Daily, Cole Bucy and Nate Swanson joined Ariane Tabatabai, and Julia Curlee to discuss the Iran war eight months in and the administration&#39;s likely approach after the midterms. https://youtu.be/sROxqz2f28U

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    After defeating Victor Orbán, Hungray&#39;s new prime minister pledged to reduce the country&#39;s dependence on Russian energy. Elek Krizsán and Thomas N. Russo map the structure of Hungary’s electricity market and the true depth of its Russian dependence to evaluate the feasibility of these commitments. https://www.lawfaremedia.org/article/can-hungary-derussify-its-electric-power-sector

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    Michael P. Fischerkeller, Emily O. Goldman, Richard J. Harknett push back on how core elements of the cyber persistence theory and U.S. policy implementing CPT were characterized in a recent piece by Jay Healey and Jack Snyder. https://www.lawfaremedia.org/article/a-rejoinder-to-healey-and-snyder--engaging-on-stability

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    Today&#39;s Lawfare Daily is the October 23 livestream where Benjamin Wittes, Loren Voss, Anna Bower, Eric Columbus, Molly Roberts, and Roger Parloff discussed litigation over the Trump administration’s plan for the East Potomac Park, the 9th Circuit ruling that President Trump exceeded his authority in the deployment of the National Guard in L.A., and more. https://youtube.com/live/KPgBGey4FKo

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    In a world that is constantly changing, Lawfare is a reliable, independent, nonpartisan resource to keep you informed about the complex national security, legal, and policy considerations we face. This is made possible with the support for our readers and listeners: https://www.lawfaremedia.org/about/support

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    The Islamic State’s North African affiliate is building a logistical corridor from the Sahel to Spain, warn Lucas Webber, Peter Smith, and Colin P. Clarke, Ph.D.. https://www.lawfaremedia.org/article/the-rising-islamic-state-threat-to-europe-and-the-west

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    &quot;[A]s a historian, he emphasizes the long-term historical processes, major turning points, and key decisions that cumulatively led to &#39;the tragic transformation of Zionism...into a state ideology of ethno-nationalism.&#39;&quot; Dov Waxman reviews “Israel: What Went Wrong?” by Omer Bartov. https://www.lawfaremedia.org/article/israel-s-destruction-of-gaza-and-the-moral-decline-of-zionism

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    At 4 p.m. ET, Benjamin Wittes will sit down with Molly Roberts, Anna Bower, Roger Parloff, and Eric Columbus to discuss developments in litigation against Trump administration’s policies. https://youtube.com/live/KPgBGey4FKo

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    On April 28, a grand jury indicted former FBI Director James Comey on two felony charges, over his 86-47 seashells post. Anna Bower, Eric Columbus, and Molly Roberts break down 2 motions, which, if granted, could subject the government’s conduct in this case to unusual scrutiny. https://www.lawfaremedia.org/article/comey-tries-to-86-the-seashells-case--part-ii

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    Anna Bower, Eric Columbus, and Molly Roberts weigh the strengths and weaknesses of Comey&#39;s motions to dismiss the indictment against him over a &quot;86-47&quot; seashells Instagram post and discuss what they reveal about the government’s investigation and theory of the case as a whole. https://www.lawfaremedia.org/article/comey-tries-to-86-the-seashells-case--part-i

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    This week&#39;s Seriously Risky Business looks at the arrest of an OpenAI employee, how various threat actors are using the Cairn autonomous pentesting agent in financially motivated cybercrime, Ukrainian drones stricking a Russian data center, and more. Read the newsletter, from Tom Uren. https://www.lawfaremedia.org/article/openai&#39;s-kazoo-grade-spying-incident

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    On Lawfare Daily, Natalie K. Orpett talked with Molly Roberts, Loren Voss, Renée DiResta, and Julia Curlee about what they&#39;re watching in the run-up to the midterm elections, how they are identifying and evaluating the threats, what impact they might have, and what, if anything, can be done about it. https://www.lawfaremedia.org/article/lawfare-daily--what-we&#39;re-worried-about-for-the-elections

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    As the federal government dismantles the machinery built to address covert foreign malign influence, technology companies and researchers can help Americans recognize and understand the threat. Katie Kedian explains how. https://www.lawfaremedia.org/article/the-insiders-know-how-covert-foreign-malign-influence-works.-you-should-too

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    It&#39;s the &quot;Snifting Up to Boston&quot; edition! On this week&#39;s Rational Security, Scott Anderson, Benjamin Wittes, Ariane Tabatabai, and Joel Braunold talked through the week’s big international news stories, including the upcoming Israeli election, strained U.S.-Ukraine relations, and more. https://youtu.be/prH1lYu2-o8