Bobby Chesney @BobbyChesney Twitter profile

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Bobby Chesney

1 year

Interested in the two SCOTUS rulings on the State Secrets Privilege from last term? I explore them both in this paper (written for Harvard Law Review's November '22 SCOTUS volume):

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Last Seen Profiles

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Bobby Chesney

@BobbyChesney

5 years

The President does not get to pick an Acting Director of National Intelligence. 50 USC 3026(a)(6) provides that the Principal Deputy Director (in this case, the wonderful Sue Gordon) automatically serves in that capacity. See here:

Donald J. Trump

@realDonaldTrump

5 years

....be leaving office on August 15th. I would like to thank Dan for his great service to our Country. The Acting Director will be named shortly.

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Bobby Chesney

@BobbyChesney

4 years

I am grateful to @SenatorRomney for taking this stand. I will rewatch this with my children tonight, and speak with them about honesty, decency, civic virtue, and whom we are called to be both in our private and our public lives.

ABC News

@ABC

4 years

Sen. Mitt Romney says he knows he will receive brutal criticism for his vote: "Does anyone seriously believe that I would consent to these consequences, other than from an inescapable conviction that my oath before God demanded it of me?"

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Bobby Chesney

@BobbyChesney

5 years

And don’t miss this authoritarian gem: “Mr. Miller told him they had become part of the problem by constantly citing legal hurdles.” Or this one: “[Nielsen] said they needed permission from property owners. Take the land, Mr. Trump would say, and let them sue us.”

Peter Baker

@peterbakernyt

5 years

Trump wanted to dig a water-filled trench at the border stocked with snakes or alligators. He wanted a wall electrified with spikes on top. And he suggested migrants be shot in the legs to slow them down. From the stunning new book by @juliehdavis @shearm

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Bobby Chesney

@BobbyChesney

4 years

This is a system-blinking-red moment. Horrific enough that these terrorists (that is EXACTLY what they are) sought to kidnap the governor, but please note they also intended to subject her to some sort of "trial," almost certainly as a prelude to executing her.

The Associated Press

@AP

4 years

BREAKING: Six people were charged in a plot to try to kidnap Michigan Democratic Gov. Gretchen Whitmer at her vacation home, according to a criminal complaint unsealed in federal court.

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Bobby Chesney

@BobbyChesney

4 years

Federalism & separated powers: 1. Governors don’t answer to the president; he can’t order them to do anything. 2. No federal law empowers the president to issue orders in this area to preempt contrary state policy; Trump, acting alone, *certainly* has no such authority.

Peter Baker

@peterbakernyt

4 years

Trump demands that states allow places of worship to reopen this weekend. "If they don't do it, I will override the governors," he says without explaining what power he has to do that.

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Bobby Chesney

@BobbyChesney

4 years

This is exactly the sort of insanity that @steve_vladeck and I have tried to emphasize when explaining how dangerously misleading it was when Trump loudly “invoked” the Defense Production Act but did not actually *use* it to accomplish anything.

Niels Lesniewski

@nielslesniewski

4 years

I believe we learned today that President Trump hasn't actually ordered any American manufacturer to make anything for the COVID-19 response.

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Bobby Chesney

@BobbyChesney

2 years

I'm so excited to share this news: this summer I'll become the next dean of @UTexasLaw ! Hook 'em!!!!

UTexasLaw

@UTexasLaw

2 years

Join us in congratulating @BobbyChesney for being selected as the new dean of Texas Law, effective July 1. #HookEm 🤘🎉 Read all about why we're so excited:

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Bobby Chesney

@BobbyChesney

6 years

Rod Rosenstein may be on the way out, but he did manage to oversee today's publication of the revised U.S. Attorney's Manual (now called the "Justice Manual"), including an interesting little addition called..."Disclosure of Foreign Influence Operations":

9-90.000 - National Security

www.justice.gov

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Bobby Chesney

@BobbyChesney

5 years

Section 2808 requires not just *any* national emergency declaration (whether the new one today or the existing int’l narcotics one), but specifically one that “requires the use of the armed forces.” That is the main point of litigation vulnerability.

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Bobby Chesney

@BobbyChesney

4 years

I’ve posted my eCasebook “Cybersecurity Law, Policy, and Institutions,” on SSRN for free download. It’s a 137-page tour of the policy challenges, legal frameworks, and key actors, suitable for use in a course or independent study. Enjoy!

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Bobby Chesney

@BobbyChesney

4 years

Our statement on the rule of law and the President's grossly-inappropriate "delay the election" suggestion.

Society for the Rule of Law Institute

@chkbal

4 years

NEW: Statement from 26 of us at @chkbal about the importance of CONFIDENCE in our ELECTION. Read the full statement 👇

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Bobby Chesney

@BobbyChesney

3 years

Good thread from @steve_vladeck , we'll discuss on @NSLpodcast 10 USC 132 contemplates situations where Secretary "dies, resigns, or is otherwise unable" to execute the office. Firing arguably is outside the scope of that list. At any rate, unlikely this ends up in court.

Steve Vladeck

@steve_vladeck

3 years

There’s currently a Senate-confirmed Deputy Secretary of Defense — David Norquist. Under 10 U.S.C. § 132(b), *he* is supposed to become Acting Secretary in the event of a vacancy. Unless Trump fired him, too.

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Bobby Chesney

@BobbyChesney

4 years

No, the president does *not* have authority to make states change their policies. Federalism 101. Explained here:

Donald J. Trump

@realDonaldTrump

4 years

For the purpose of creating conflict and confusion, some in the Fake News Media are saying that it is the Governors decision to open up the states, not that of the President of the United States & the Federal Government. Let it be fully understood that this is incorrect....

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Bobby Chesney

@BobbyChesney

3 years

Tonight we dug into Luttig's claim that it would be unconstitutional for the Senate to try Trump once his term is over. @steve_vladeck and I agree on this one: text, history, and structure say the Senate can do it. Tune in to hear that analysis and more:

Episode 191: The Biggest Fiasco of Them All - The National Security Law Podcast

We're back with further discussion of the insurrection: Is it constitutional for the Senate to carry on with trial of an Article of Impeachment if the impeached official is no longer in office? Yes,...

www.nationalsecuritylawpodcast.com

Nat.Sec.L. Podcast

@NSLpodcast

3 years

Is it constitutional for the Senate to continue w/trial after an impeached official’s term ends? Yes. Tune in to hear the argument, as well as: section 3 of the 14th amendment, seditious conspiracy charges on the horizon, DHS succession, and more.

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Bobby Chesney

@BobbyChesney

6 years

And that’s the bottom line. This is an utter disgrace.

Jack Goldsmith

@jacklgoldsmith

6 years

Whichever way you look at it, is shameful for Trump’s “conservative” allies in the House to accuse Rosenstein of “high crimes and misdemeanors.” END.

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Bobby Chesney

@BobbyChesney

5 years

The President knows that selling out the Kurds may result in release of thousands of Islamic State fighters, and so he’s trying to wash his hands of that disaster by asserting that Turkey somehow can or will fix it. But they won’t; this will be part of Trump’s legacy.

Marty Lederman

@marty_lederman

5 years

Turkey must "take over captured ISIS fighters." The ignorance and inanity of this statement/expectation are breathtaking. @just_security @lawfareblog @oonahathaway @BobbyChesney

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Bobby Chesney

@BobbyChesney

4 years

There are Article II arguments one can make, maybe even 2002 AUMF arguments. But 10 USC 127e? No. just no. It *INDISPUTABLY* is not authorization to use force. Full stop. It is *funding* for support to others engaged in helping US CT ops.

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Bobby Chesney

@BobbyChesney

3 years

January 6th, 2021, a date which will live in infamy. I weep for what our nation has lost.

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Bobby Chesney

@BobbyChesney

5 years

Report from SOF operator in theater: Islamic State detainees are going to walk free because of the president’s precipitous decision to abandon the SDF. You can’t retweet this enough.

Jennifer Griffin

@JenGriffinFNC

5 years

Acc to this US soldier on the ground tonight in Syria: "The Kurds are as close to Western thinking in the Middle East as anyone. "It's a shame. It's horrible." "This is not helping the ISIS fight." Re: ISIS prisoners: "Many of them will be free in the coming days and weeks."

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Bobby Chesney

@BobbyChesney

4 years

It's even more bizarre than this headline suggests. Apparently there is a subset of the Boogaloo Bois calling themselves "Boojahideen."

U.S. Department of Justice

@TheJusticeDept

4 years

Two Self-Described "Boogaloo Bois" Charged with Attempting to Provide Material Support to Hamas

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Bobby Chesney

@BobbyChesney

4 years

Failure to identify at least at the organizational level is wildly inappropriate. Clues: the green t-shirts appear to have the American flag on the right sleeve and the Texas flag on the left, while at least one shirt looks like it has an outline of Louisiana.

Garrett Haake

@GarrettHaake

4 years

Back outside the White House. Today the perimeter has been pushed back another half block. Federal law enforcement of some kind, but they won’t identify themselves, and all insignias and name plates have been removed.

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Bobby Chesney

@BobbyChesney

6 years

2018 is a year for jaw-droppers, but this is absolutely bananas. This one calls for a rare all-caps shout: YES, BROWN v. BOARD WAS DECIDED CORRECTLY.

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Bobby Chesney

@BobbyChesney

7 years

I thought this *had* to be baloney. I mean, c'mon, that's North Korea stuff. So I went to the Federal Register...& there it was. Speechless!

Garance Franke-Ruta

@thegarance

7 years

Trump Declares His Inauguration Date as ‘Day of Patriotic Devotion’ via @thedailybeast

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Bobby Chesney

@BobbyChesney

3 years

Disturbing context for installation of Ezra Cohen-Watnick as Acting Under Secretary of Defense-Intelligence (overseeing NSA) & Michael Ellis as NSA's General Counsel. Possible an important intelligence source/capability re Russia may be burned, to relitigate *2016*. Madness.

David Ignatius

@IgnatiusPost

3 years

A furious behind-the-scenes battle to counter Trump’s threat to national security

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Bobby Chesney

@BobbyChesney

4 years

Kudos to recently-resigned US Attorney for the Western District of Texas, John Bash, for bringing the “unmasking” investigation to an end in what appears to be a professional, apolitical manner. He did plenty of important things as the US Att’y, but this may take the cake.

Shane Harris

@shaneharris

4 years

NEW: "Unmasking" probe commissioned by Barr quietly concludes without charges or any public report By @mattzap and me

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Bobby Chesney

@BobbyChesney

4 years

Imagine a person subject to sanctions gives $500,000 to an NGO associated closely with the president, and the next day Treasury removes that person from the sanctions list. If the donation was voluntary, bribery; if coerced, extortion. Is this “key money” situation any different?

Jennifer Jacobs

@JenniferJJacobs

4 years

The companies have agreed to terms with Trump for new TikTok Global to give $5 billion to an education foundation that will be established, sources tell me. Trump told press: "They're going to be setting up a very large fund...That's their contribution that I've been asking for."

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Bobby Chesney

@BobbyChesney

7 years

This "disclosure" has always been our policy at @lawfareblog and has never been secret.

WikiLeaks

@wikileaks

7 years

Revealing disclosure from Lawfare, a Brookings publication.

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Bobby Chesney

@BobbyChesney

3 years

Much, much, much, much, much too late. What a disgrace.

The New York Times

@nytimes

3 years

Breaking News: The National Guard is being deployed in Washington after a pro-Trump mob swarmed the Capitol, vandalizing offices and breaking windows. Virginia’s governor also dispatched members of the Virginia Guard and 200 Virginia State Troopers.

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Bobby Chesney

@BobbyChesney

4 years

What if Trump purports to order states to relax shelter-in-place rules? Short answer: He has no such inherent power; no statute gives it to him; and feds can't commandeer states. As for a "dormant commerce clause" lawsuit: would fail bc these are legit public health measures.

Jeff Stein

@JStein_WaPo

4 years

BREAKING: Dr. Fauci is warning Trump officials NOT to listen to growing push among WH advisers, GOP lawmakers to restart the economy But Trump is alarmed by stock market & impact of high unemployment for 2020 election -- & weighing easing restrictions

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Bobby Chesney

@BobbyChesney

5 years

I am sorry to hear this. Still more reason for the Senate to insist, in the confirmation process, that both the DNI nominee and the Principal Deputy nominee that now will be needed both meet the statutory requirements relating to national security experience. No rookies please.

Jennifer Jacobs

@JenniferJJacobs

5 years

Scoop: The deputy director of national intelligence, Sue Gordon, will leave her position following a meeting in Oval with Trump today, sources tell me.

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Bobby Chesney

@BobbyChesney

6 years

Let me help with the rewrite on that one: “Scholars point out that Trump cannot change the Constitution.”

AFP News Agency

@AFP

6 years

Scholars question if Trump can change a constitutional law. The 14th Amendment says: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside"

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Bobby Chesney

@BobbyChesney

3 years

I've posted the new edition of my eCasebook "Cybersecurity Law, Policy, and Institutions" on SSRN for free download. It’s a 270+ page tour of policy challenges, legal frameworks, and key actors, suitable for use in a course or independent study. Enjoy!

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Bobby Chesney

@BobbyChesney

5 years

In case what you needed is a bingo card to go along with tomorrow night's address, I've got you covered:

Border Speech Bingo

docs.google.com

Donald J. Trump

@realDonaldTrump

5 years

I am pleased to inform you that I will Address the Nation on the Humanitarian and National Security crisis on our Southern Border. Tuesday night at 9:00 P.M. Eastern.

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Bobby Chesney

@BobbyChesney

3 years

Madness.

Bill Kristol

@BillKristol

3 years

4) A sign of the loyalty-oath atmosphere now at DOD: When Jim Anderson was fired yesterday as Acting Under Secretary for Policy, he was given a "clap-out" as he left the building. The WH called to request names of any political appointees who joined in so they could be fired. END

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Bobby Chesney

@BobbyChesney

6 years

What should a course on cybersecurity law & policy cover? Here's my syllabus (50+ pages of narrative context, questions, linked readings, etc.) Feel free to use it; please share ideas to improve it! Thanks to @EliSugarman & @hewlett_Found for support.

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Bobby Chesney

@BobbyChesney

6 years

On Brennan v. Trump: Sure control over clearances is an Article II power. Congress can't take it from POTUS, for example, and vest it in me. But it doesn't follow that POTUS can use it to punish political enemies. Preposterous. And does *anyone* deny that that is this case?

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Bobby Chesney

@BobbyChesney

3 years

In 2018, we hosted @ABlinken at @UTAustin as part of the annual Texas National Security Forum. His opening remarks were great, but what I want you to watch is the story our soon-to-be-SecState shared starting at the 1:22:30 mark. This is worth your time:

2018 Texas National Security Forum: Welcome & Panel One: World Order

Welcome Remarks by Clements Center Director Will Inboden and Strauss Center Director Bobby ChesneyPanel One: World Order• Antony Blinken, Former Deputy Secre...

www.youtube.com

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Bobby Chesney

@BobbyChesney

5 years

Fiasco: “Trump claimed...the United States had taken out the worst ISIS detainees to ensure they would not escape. But in fact the American military was able to take custody of only two...The Kurds refused...to cooperate in permitting the American military to take out any more”

Charlie Savage

@charlie_savage

5 years

Scoop: Despite Trump’s assurance that the US was taking the most dangerous ISIS detainees out of Syria amid mounting chaos, it only got the two “Beatles.” The Kurds didn’t let the US extract the five dozen other high value detainees—and now it’s too late.

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Bobby Chesney

@BobbyChesney

4 years

Is your teenager asking you what law would let the Trump Administration take action against TikTok? I'm here to help. Just posted a primer for @lawfare , focusing on the CFIUS and IEEPA aspects. #tiktokban #TikTok

Lawfare

@lawfare

4 years

"TikTok and the Law: A Primer (In Case You Need to Explain Things to Your Teenager)," the latest from @BobbyChesney :

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Bobby Chesney

@BobbyChesney

4 years

Spot on. And buckle up, because this is going to get worse.

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Bobby Chesney

@BobbyChesney

5 years

I have a detailed piece forthcoming @lawfareblog shortly explaining the #DNI #Coats succession question in detail. Stay tuned...

Bobby Chesney

@BobbyChesney

5 years

The President does not get to pick an Acting Director of National Intelligence. 50 USC 3026(a)(6) provides that the Principal Deputy Director (in this case, the wonderful Sue Gordon) automatically serves in that capacity. See here:

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Bobby Chesney

@BobbyChesney

6 years

I am pleased to announce that @lawfareblog and @NSLpodcast will be crazy busy for the rest of this year (if there is a rest of this year).

Donald J. Trump

@realDonaldTrump

6 years

I am pleased to announce that, effective 4/9/18, @AmbJohnBolton will be my new National Security Advisor. I am very thankful for the service of General H.R. McMaster who has done an outstanding job & will always remain my friend. There will be an official contact handover on 4/9.

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Bobby Chesney

@BobbyChesney

2 years

Orientation at ⁦ @UTexasLaw ⁩ is underway! Welcome class of ‘25!

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Bobby Chesney

@BobbyChesney

4 years

This is utterly jaw-dropping: "It's not uncommon for us to have a week to 10 days between when a person is tested and when their case is entered in the system so they can be called," said Dr. Escott.

Margot Sanger-Katz

@sangerkatz

4 years

Covid tests in Austin are backlogged for days because results are being sent via fax, then typed into a computer, before people can be told about their results. @BettieCrossTV h/t @ddiamond attn: @sarahkliff

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Bobby Chesney

@BobbyChesney

7 years

Could be DTJ Jr., or maybe the @benjaminwittes effect, but either way we love all our new listeners. Nearly 7000 downloads after 48 hours!

Nat.Sec.L. Podcast

@NSLpodcast

7 years

Our latest episode is out! Spread the word!

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Bobby Chesney

@BobbyChesney

2 months

Steve, the past eight years with you have been utterly amazing for me personally, for @UTexasLaw , and for our students especially. We will be cheering you on from Austin, always, and happily we’ll still talk all the time thanks to @NSLpodcast (new episodes coming soon!).

Steve Vladeck

@steve_vladeck

2 months

I want to say special thanks to my dean and dear friend @BobbyChesney for bringing me to the law school (and us to Austin) in 2016. Your friendship and leadership are models for us all (and yes, to our 14 listeners, we’re planning to continue—if not reinvigorate—the @NSLpodcast ).

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Bobby Chesney

@BobbyChesney

3 years

Well, now @steve_vladeck and I can get back to debating and discussing "regular" national security law issues on @NSLpodcast . About darn time. Tonight's show: new mil com charges; updates on the Muthana, Zaidan, Larabee, and WeChat lawsuits; and much more!

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Bobby Chesney

@BobbyChesney

3 years

Oh, he’ll do it. Unless he is removed from office first. Then again...perhaps he *already* has done it, and simply has not revealed publicly that he did. It’s entirely possible there’s a set of already-executed pardons for himself, his family, and Lord knows whom else.

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Bobby Chesney

@BobbyChesney

4 years

Microsoft is out of the competition for @tiktok_us . Possible it’ll go to Oracle (backed, as it happens, by ByteDance investors Sequoia Capital & General Atlantic).Would Oracle take it w/out getting algorithm (which Beijing says can’t be part of the deal)?

Oracle Chosen as TikTok’s Tech Partner, as Microsoft’s Bid Is Rejected (Published 2020)

The moves came as the clock ticks down on President Trump’s executive order to block the Chinese-owned social media app.

www.nytimes.com

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Bobby Chesney

@BobbyChesney

4 years

To reopen the economy, we need dramatic improvements to testing and to contact-tracing. Here's my effort to describe the issues and obstacles with the contact-tracing side, with recommendations for limits to be included should there be legislation.

Lawfare

@lawfare

4 years

"COVID-19 Contact Tracing We Can Live With: A Road Map and Recommendations," the latest from @BobbyChesney :

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Bobby Chesney

@BobbyChesney

4 years

The point is: today's "order" does nothing the March 20 order didn't already do re delegating authority to HHS to use DPA authorities where needed. Two weeks with zero results so far, when action should've been taken two months ago. Directly impacts flatten-the-curve target.

Bobby Chesney

@BobbyChesney

4 years

Mar.20: Trump "invokes" Defense Prod. Act but no actual orders; Sec. Azar to act *if* needed (!) Mar.27: Invokes DPA re GM & ventilators, unclear if any actual order followed Apr.2: Invokes DPA again (GM + others re ventilators) but still *no actual orders.* Punts to Azar again

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Bobby Chesney

@BobbyChesney

4 years

This incredibly-significant development illustrates the immense consequences of the authority the commander-in-chief asserts under Article II pursuant to various versions of self-defense theory (unit, national)—not to mention the weakness of the War Powers Resolution.

Joe Scarborough

@JoeNBC

4 years

There will be a debate over the recklessness of this act, but a Middle East official told me tonight that this is the single most significant event in the Middle East since the US invaded Iraq.

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Bobby Chesney

@BobbyChesney

4 years

I was not expecting a Logan Act reference tonight.

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Bobby Chesney

@BobbyChesney

3 years

Badge of honor for @CISAKrebs , who hereby completes an extraordinary period of successful public service under preposterous circumstances.

Donald J. Trump

@realDonaldTrump

3 years

...votes from Trump to Biden, late voting, and many more. Therefore, effective immediately, Chris Krebs has been terminated as Director of the Cybersecurity and Infrastructure Security Agency.

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Bobby Chesney

@BobbyChesney

5 years

In a surprise move in the @Huawei sanctions/fraud case, DOJ gave notice of intent to introduce evidence from FISA Title I surveillance. This has interesting implications for the larger controversy over @Huawei ’s ties to the Chinese government.

Lawfare

@lawfare

5 years

"Is Huawei a ‘Foreign Power’ or an ‘Agent of a Foreign Power’ Under FISA? Insights from the Sanctions Case," the latest from Robert Chesney:

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Bobby Chesney

@BobbyChesney

3 years

Just dropped an emergency episode of @NSLpodcast , with me and @steve_vladeck . We are sad, and mad, and there’s much to discuss. Please share.

Nat.Sec.L. Podcast

@NSLpodcast

3 years

Emergency podcast concerning today’s national tragedy. Tune in as ⁦ @steve_vladeck ⁩ & @bobbychesney review: - seditious conspiracy and Brandenburg - control over the DC National Guard - 25th Amendment nuances - impeachment issues

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Bobby Chesney

@BobbyChesney

6 years

Eek! “…DOD routinely found mission-critical cyber vulnerabilities ...yet program officials ...believed their systems were secure and discounted some test results as unrealistic. ...[T]esters were able to take control of systems and largely operate undetected…”

U.S. GAO

@USGAO

6 years

Weapon Systems Cybersecurity: DOD Just Beginning to Grapple with Scale of Vulnerabilities

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Bobby Chesney

@BobbyChesney

7 years

Terrific first message from SecDef Mattis to DoD. Particularly like the strong shout-out to the IC in first line.

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Bobby Chesney

@BobbyChesney

6 years

Well-known fact: @pwnallthethings is a rock star. Less-known fact: law, policy, & other grad students at @UTAustin can take cybersecurity courses with him, via @StraussCenter . So much fun to have him as a colleague!

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Bobby Chesney

@BobbyChesney

3 years

In our work on deepfakes @daniellecitron and I introduced the idea of a “Liar’s Dividend,” in which growing awareness of the possibility of video manipulation creates fertile ground for people to deny the truth even when confronted with unaltered video evidence.

Greg Sargent

@GregTSargent

3 years

This is an amazing exchange with the oleaginous @LindseyGrahamSC . He refuses to comment on Marjorie Taylor Greene's quotes by claiming they might have been "manipulated." Told some are on video, he keeps insisting he must hear them from Greene herself:

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Bobby Chesney

@BobbyChesney

4 years

This is a critical insight. Not at all obvious how to create resilience that can withstand the information/belief problems that can follow from both unintended and intended debacles like this.

Ken Dilanian

@KenDilanianNBC

4 years

US intel officials tell me they are watching and learning from the Iowa debacle. The mere perception of a problem--even though the vote count is not in doubt -- is undermining confidence in the election.

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Bobby Chesney

@BobbyChesney

5 years

Big news y’all: I’m hiring! If you dream of introducing law and policy students to technical concepts relating to cybersecurity, and you like the idea of living in Austin, consider applying for our fellowship! @StraussCenter

Lawfare

@lawfare

5 years

"Teaching the Technical Aspects of Cybersecurity to Law and Policy Students: Come Join Our Team in Austin!," the latest from Robert Chesney:

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Bobby Chesney

@BobbyChesney

4 years

Took only ten minutes to vote on campus at ⁦ @UTAustin ⁩ today, at lovely Gregory Gym!

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Bobby Chesney

@BobbyChesney

3 years

This is turning out to be quite a day for multilateral law enforcement efforts relating to ransomware. First the Emotet take down, and now something similar afoot with NetWalker. These aren’t silver bullets, but they matter and it is great to see it.

U.S. Department of Justice

@TheJusticeDept

3 years

Department of Justice Launches Global Action Against NetWalker Ransomware

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Bobby Chesney

@BobbyChesney

5 years

Blockbuster story on CYBERCOM operations in the Russian grid. That’ll get most of the attention, of course. But don’t miss the significance, too, of the passages dealing with the reluctance of officials to draw Trump’s attention to these ops.

Michael Tackett

@tackettdc

5 years

"The United States is stepping up digital incursions into Russia’s electric power grid in a warning to President Vladimir V. Putin and a demonstration of how the Trump administration is using new authorities to deploy cybertools" @sangernyt @nicoleperlroth

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Bobby Chesney

@BobbyChesney

4 years

Two thumbs up.

Ben Collins

@oneunderscore__

4 years

Wanna singlehandedly stop a disinfo catastrophe in October? Tell Twitter to eliminate Trending Topics for the whole month. Gaming Trending Topics was Wikileaks’ strategy. It’s how Pizzagate emerged from the fringe. And for what? Slightly more engagement? Just turn it off.

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Bobby Chesney

@BobbyChesney

3 years

Greetings Professor Falken.

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Bobby Chesney

@BobbyChesney

6 years

Need a bingo card for #SOTU2018 tonight? I’m here to help:

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Bobby Chesney

@BobbyChesney

3 years

Glad to see this. Will be watching to see if DOJ can muster the will to charge any of these insurrectionists with seditious conspiracy (18 USC 2384) or incitement-to-insurrection (18 USC 2383).

Matt Ford

@fordm

3 years

Acting AG Rosen says that some participants in yesterday's riot "will be charged today," with more arrests to come "in the coming days and weeks."

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Bobby Chesney

@BobbyChesney

5 years

Relevant on ripeness of the section 2808 issue: “Further complicating matters, the administration has said it intends to spend the funds in sequence, starting with the $1.375 billion Congress appropriated, and reaching the emergency-power military-construction fund last.”

Charlie Savage

@charlie_savage

5 years

BREAKING: California and 15 other Dem-controlled states file federal lawsuit in San Francisco seeking to block Trump's border wall emergency power gambit

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Bobby Chesney

@BobbyChesney

6 years

Blistering critique by David Kris of a Wall Street Journal op-ed that argued that FBI has lost its way due to post-9/11 focus on intelligence.

Lawfare

@lawfare

6 years

"What Went Wrong With ‘What Went Wrong at the FBI,'" by David Kris

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Bobby Chesney

@BobbyChesney

3 years

This detailed explainer is necessary reading for those who want to understand why it is problematic, in terms of normal hiring procedures, that Michael Ellis has been installed as NSA's general counsel.

Lawfare

@lawfare

3 years

The process by which Michael Ellis was selected as general counsel of the National Security Agency warrants investigation by Congress and the inspectors general of the Department of Defense and NSA. Here’s @Susan_Hennessey :

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Bobby Chesney

@BobbyChesney

5 years

Trump may use this speech to justify a "national emergency" declaration, in bid to activate 10 USC 2808 (authority to reprogram unobligated DOD construction funds when *militarily* necessary). @steve_vladeck & I debunk this approach in today's @NSLpodcast :

Donald J. Trump

@realDonaldTrump

5 years

I am pleased to inform you that I will Address the Nation on the Humanitarian and National Security crisis on our Southern Border. Tuesday night at 9:00 P.M. Eastern.

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Bobby Chesney

@BobbyChesney

3 years

And there it is. Anyone who follows me already knows I think @CISAKrebs is an amazing public servant. The White House is spending its waning days childishly settling scores with those not personally loyal to Trump. It's a badge of honor for the folks thus mistreated, though.

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Bobby Chesney

@BobbyChesney

5 years

My post exploring whether: - it was illegal not to give Congress advance notice of the Baghdadi raid (no) - it was wrong (even if legal) to alert the Russians (no) - it was wrong (even if legal) if he gave selective notice to Republicans (probably so but it’s complicated).

Lawfare

@lawfare

5 years

"Targeting al-Baghdadi and Selective Notification to Congress: Assessing the Issues," the latest from Robert Chesney:

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Bobby Chesney

@BobbyChesney

5 years

Here's my revised 62-page syllabus/primer on Cybersecurity Law & Policy. Hope others will find useful for teaching, or just thinking about how the various strands in this field relate. Feedback welcome. Thanks @Hewlett_Found & @EliSugarman !

Lawfare

@lawfare

5 years

"Teaching Cybersecurity Law and Policy: My Revised 62-Page Syllabus/Primer," the latest from @BobbyChesney :

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Bobby Chesney

@BobbyChesney

4 years

CCP propaganda outlet China Daily ran a TikTok op-ed that includes a false assertion that I have denounced the sanctions as legally baseless. That’s the opposite of my view. And I certainly never spoke with the author.

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Bobby Chesney

@BobbyChesney

4 years

A few notes on the domestic legal (not the policy) implications of @rcallimachi ’s thread: 1. Assuming there was no further relevant intelligence, this does suggest that the case for an actually-imminent attack was weak. However ...

Rukmini Callimachi

@rcallimachi

4 years

1. I’ve had a chance to check in with sources, including two US officials who had intelligence briefings after the strike on Suleimani. Here is what I’ve learned. According to them, the evidence suggesting there was to be an imminent attack on American targets is “razor thin”.

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Bobby Chesney

@BobbyChesney

6 years

Good that hearing is now scheduled, yes, but surprising that court shows so little sense of urgency. Citizens plainly have right to habeas review in this setting (even if gov't might well win on merits once it gets there).

Jonathan Hafetz

@JonathanHafetz

6 years

Federal judge in Washington, DC, orders hearing for Nov. 30 at 10 a.m. in @aclu habeas action for US citizen detained by Trump admin without charge or access to a lawyer.

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Bobby Chesney

@BobbyChesney

6 years

Amazing how little attention Doe v. Mattis gets. US-Saudi dual-citizen held as an Islamic State enemy combatant in Iraq since last September, w/ US poised to transfer him to Saudi custody &a district judge enjoining the transfer last week. Appeal to be argued Friday. My preview:

Lawfare

@lawfare

6 years

"Enjoining the Transfer of a US-Saudi Citizen to Saudi Arabia: A Doe v. Mattis Update and Initial Preview," by Robert Chesney

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Bobby Chesney

@BobbyChesney

3 years

So we will indeed have a National Cyber Director. Backgrounder (from last month) here:

The New York Times

@nytimes

3 years

Breaking News: The Senate voted to override President Trump’s veto of the annual military policy bill, handing him the first such legislative rebuke of his presidency in the last days of his term.

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Bobby Chesney

@BobbyChesney

7 years

@JakeLaperruque @charlie_savage @carriecordero Same here. Today's statement reads like an attempt to put the best face on a bad situation.

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Bobby Chesney

@BobbyChesney

4 years

Update on FBI verification process re FISC: After IG report re Carter Page, broader review of 29 sample cases found verification error in each. FISC demanded explanation. DOJ has reviewed 14 files, finds this led to material misrepresentation only 1 time:

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Bobby Chesney

@BobbyChesney

6 years

Interested in immigration issues but feel you don’t really understand what goes on in Central America & Mexico *before* people reach the US border? Make the time to listen to @benjaminwittes interviewing my amazing @UTAustin @TheLBJSchool @StraussCenter colleague @Sleutert .

The Lawfare Podcast

@lawfarepodcast

6 years

Stephanie Leutert on the Other Southern Border

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Bobby Chesney

@BobbyChesney

4 years

An important scoop and smart analysis. @steve_vladeck and I will be discussing this in detail in the next @NSLpodcast , which we'll record and post mid-morning tomorrow.

Lawfare

@lawfare

4 years

A document provided to Lawfare indicates that the intelligence community is being tasked with monitoring and collecting information on some protest activities. The latest from @steve_vladeck and @benjaminwittes :

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Bobby Chesney

@BobbyChesney

4 years

Teaching or taking national security law this fall? Just generally interested? @mattwaxman1 and I are curating "National Security Law Lectures" () as a free resource. So far we've got: war powers, surveillance, covert action, and cybersecurity. Enjoy!

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Bobby Chesney

@BobbyChesney

3 years

We are sitting down to record @NSLpodcast in about 90 minutes. @steve_vladeck

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Bobby Chesney

@BobbyChesney

3 years

Biden statement on #SolarWinds assumes we not only should be better at detecting/preventing such espionage (yes!), but also we should use strong cost-imposition to punish it. I disagree; we've never accepted conventional espionage is wrongful and we do loads of it ourselves. 1/2

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Bobby Chesney

@BobbyChesney

5 years

We don’t hold them, SDF does. But presumably we pay for it, and w/ Turkish incursion SDF may get out of that game. No way Turkey and SDF actually cooperate on detainee transfers, nor reason to think Turkey plans to take custody. Likely upshot? Outright releases.

NBC News

@NBCNews

5 years

In the statement, the White House calls out its allies in "France, Germany, and other European nations" for not taking back captured ISIS fighters from those nations, and declares that the US will no longer hold them at "great cost to the United States taxpayer."

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Bobby Chesney

@BobbyChesney

6 years

My favorite line in Senator McCain’s beautiful farewell address is this: “We are citizens of the world’s greatest republic, a nation of ideals, not blood and soil.”

Meghan McCain

@MeghanMcCain

6 years

Please read my father's farewell letter to the country he loved so much - “Do not despair of our present difficulties but believe always in the promise and greatness of America, because nothing is inevitable here. Americans never quit. We never surrender.” 🇺🇸

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Bobby Chesney

@BobbyChesney

4 years

Time for Ft. Hood to become Ft. Murphy.

Texas Military Dept.

@TXMilitary

4 years

Happy birthday to Texas native and the most decorated American Soldier of World War II, Audie L. Murphy. After World War II, Murphy joined the Texas Army National Guard, attaining the rank of Major. Today we remember and honor his service to the United States and to Texas.

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Bobby Chesney

@BobbyChesney

4 years

This deserves so much more attention.

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Bobby Chesney

@BobbyChesney

6 years

Just posted a 40-minute deep-dive into the Nunes Memo, w/ @steve_vladeck . Please listen, please share. Stay to the end to hear me lose my cool just a bit...

Nat.Sec.L. Podcast

@NSLpodcast

6 years

They dropped the Nunes Memo today, so we are dropping an emergency podcast: - does it suggest any real grounds for concern? - even if so, do they delegitimize the FISA order against Page? - should Wray resign? - who is more fired-up at the end?

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Bobby Chesney

@BobbyChesney

3 years

Here’s the ⁦ @UTAustin ⁩ Tower this afternoon, with a lovey lacing of snow! Hook ‘em!

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Bobby Chesney

@BobbyChesney

5 years

Yes, but even more so it is a brutal illustration of the consequences of having such a wildly-incompetent and self-dealing figure at the helm of our military and foreign affairs—the areas of maximum unilateral executive discretion in our system.

Liz Sly

@LizSly

5 years

What's happening in Syria tonight above all represents a massive failure of US diplomacy. The US kept troops there to leverage US influence in peace negotiations to secure US goals. Now they're leaving in disarray & the opposite is happening - Iran & Russia are moving in.

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Bobby Chesney

@BobbyChesney

5 years

The fraudulently-modified Pelosi video, though not a true deep fake, is drawing attention to the threat posed by synthetic media. In addition to the short piece Gregg links to below, here is the much longer piece that @daniellecitron and I then wrote:

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Bobby Chesney

@BobbyChesney

3 years

My 2 cents: SolarWinds = conventional espionage (a la OPM), not "war," covert action, etc. US gov't (naturally) doesn't claim conventional espionage is wrongful, and we shouldn't expect to deter it. Instead, we should focus on: What *defensive* changes does this show we need?

David Sanger

@SangerNYT

3 years

Clearly, the norms would NOT have stopped one state spying on another. Which is why we must hold two opposite thoughts in our minds: 1) it was a terribly damaging hack 2) before we run around calling it a ‘virtual act of war,’ what do we call it when we do it to others?

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Bobby Chesney

@BobbyChesney

4 years

Didn’t have this on my 2020 bingo card...

Nahal Toosi

@nahaltoosi

4 years

THE POSTAL SERVICE ARRESTED STEVE BANNON?!?!

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Bobby Chesney

@BobbyChesney

3 years

Yes, but let’s also be very clear about this: The Vice President has ZERO discretionary/adjudicative authority here. His role is that of an Oscar presenter: open the envelopes and read the contents. That’s it.