Today’s Headlines and Commentary – Lawfare

Defense Secretary Mark Esper stated that he opposes the use of military force for law enforcement purposes in response to protests. President Trump has threatened to make use of the powers afforded under the Insurrection Act but Esper said invocations of that act should be reserved for only "the most urgent and dire of situations," AP reports.

A U.S. Department of Homeland Security intelligence assessment found that opportunists from White supremacist groups have been working to increase tensions between police and protesters, but found no evidence that white supremacist groups were causing any of the violence at protests, reports Reuters.

Senator Elizabeth Warren wrote a letter to the Defense Departments acting inspector general asking him to launch an investigation into the use of the military in quelling protests, according to The Hill.

The National Guard of the District of Columbia is launching an investigation into the use of one of its helicopters as a "show of force" against protesters near the White House Monday night, writes AP.

In response to Beijingsrefusal to allow American air carriers to resume operation in China, the U.S. will ban all commercial passenger flights from Chinese carriers beginning June 16th, writes the Washington Post.

Former deputy attorney general Rod Rosenstein testified at a Senate Judiciary Committee hearing on the Crossfire Hurricane investigation and the the warrant to surveil former Trump campaign adviser Carter Page. Rosenstein said, among other things, that in retrospect he feels that he should not have approved the warrant application, writes The Hill.

The Center for Democracy and Technology filed a lawsuit against President Trump's executive order on social media, saying it violates the First Amendment, The Hill reports.

Internal Huawei documents have revealed an effort within the company to cover up its role in violating U.S. sanctions on Iran, writes Reuters.

Russian President Vladimir Putin endorsed a new nuclear deterrence policy which allows for the use of nuclear weapons in response to a conventional attack that "threatens the very existence of the state," AP reports.

ICYMI: Yesterday on Lawfare

Elliot Setzer shared the Center for Democracy and Technologys challenge of the executive order on Section 230.

Susan Hennessey and Margaret Taylor asked if Congress can work together to calm the country.

Paul Rosenzweig reviewed Burn-In: A Novel of the Real Robotic Future by P.W. Singer and August Cole.

Herb Lin offered some ways that lessons from cybersecurity and the pandemic can inform each other.

Jen Patja Howell shared an episode of the National Security Law Podcast on Insurrection Act with Ben Wittes, Robert Chesney and Steve Vladeck. Robert Chesney and Steve Vladeck shared the same conversation on their National Security Law Podcast feed.

Elliot Setzer shared the brief urging the Court of Appeals for the D.C. Circuit to force D.C. District Court judge Emmet Sullivan to dismiss the prosecution of former national security adviser Michael Flynn.

Stewart Baker shared an episode of the Lawfare Podcast featuring an interview with Bart Gellman about his new book, Dark Mirror: Edward Snowden and the American Surveillance State.

Peter E. Harrell explained what the U.S. could do to respond to moves by China to restrict Hong Kongs autonomy.

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Today's Headlines and Commentary - Lawfare

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