FSB-tied U.S. firms; Russia & undersea cables; securing voting machines, and more

The “greater power includes the lesser” is a classic constitutional argument, but it is so often wrong it should probably be considered a fallacy. It turns out that the supposedly “lesser power” often is not lesser at all, only different—and unconstitutional. Congress has the “greater power” to delegate hardship decisions on deportation to the executive branch, but it does not have the “lesser power” of delegating those decisions subject to a one-house veto. While the government has the “greater power” to ban all highly offensive speech that might provoke a violent reaction (so-called “fighting words,”) it does not have the “lesser power” of banning only highly offensive speech that expresses particular ideas—even racist ones. Impeding an investigation merely slows it down, while pardons might end it altogether. Nevertheless, obstruction of justice is not the lesser of these two “powers.” Successful obstruction offers advantages that ending an investigation does not. Ending an investigation through pardons puts the question of presidential abuse of power squarely before the public— while evading justice through lies, concealment and misdirection avoids political accountability. While the Constitution gives Trump the power to make the Russia probe go away, it does not give him the power to do so without consequence.

As North Korea danger recedes ever so slightly, renewed Russian threat looms (Alexander Nazaryn, Yahoo!) As the world anxiously watched the summit between President Trump and North Korean leader Kim Jong Un in Singapore, American legislators and national security officials focused on another nation that poses a threat to global stability: Russia. The Senate Judiciary Committee convened a hearing Tuesday that focused on the uneasy realization that Russia, emboldened by its ability to alter the results of the 2016 U.S. presidential election, is almost certain to try again in the 2018 midterms. One of the witnesses, former homeland security adviser Kenneth Wainstein, asked the legislators arrayed before him to put aside their political differences and unify to beat back future Russian intrusions. “We are facing an unprecedented and growing threat to our democratic institutions both here and around the globe,” Wainstein said. After testifying before the committee, Nina Jankowicz, a Kennan Institute scholar who has spent the last several years advising the Ukrainian government on how to counter Russian disinformation campaigns, told Yahoo News that the United States needs a “generational solution” that will make Americans less susceptible to fake news and other forms of manipulation. She pointed to Finland and Sweden as two nations that have done especially impressive work in educating their citizens in this regard. It is work, however, they have been doing since the end of World War II.

Pennsylvania announces audit of election systems in wake of attempted Russian hacking (Beth Brelje, Reading Eagle)
The state auditor will look at equipment, record keeping and other pieces of the voting process.

US blacklists Russian firms tied to FSB hacking ops (Business Standard)
The United States placed five Russian companies and three individuals on its sanctions blacklist today for allegedly supporting the FSB intelligence agency’s hacking operations, including a firm involved in subsea operations.

Dems unveil push to secure state voting systems (Morgan Chalfant, The Hill)
A group of Democratic senators is introducing a bill aimed at securing U.S. elections from hacking efforts, the latest response to attempted Russian interference in the 2016 presidential vote.

Russia may hack any World Cup travelers’ electronics, top U.S. spy says (Newsweek)
The top U.S. counterintelligence agent has warned Americans traveling to Russia for the 2018 World Cup against taking any electronics with them, saying soccer fans could be targeted by hackers. William Evanina, an FBI agent and the director of the U.S. National Counterintelligence and Security Center, said in a Tuesday statement that even those who see themselves as insignificant could become victims of Russian spying.

Bills to protect U.S. elections from foreign meddling are struggling, senators say (Erin Kelly, KGW8)
Bipartisan bills aimed at protecting U.S. elections from foreign meddling face unexpected opposition, prompting members of the Senate Judiciary Committee to appeal to Trump administration officials for help Tuesday. Chairman Chuck Grassley, R-Iowa, complained that some American businesses oppose his bill, which would strengthen enforcement of a law requiring lobbyists for foreign governments to register with the Department of Justice.

The West is worried about Russian subs lurking around undersea cables, and the US is sanctioning companies helping them do it (Christopher Woody, Business Insider)
Russia has been investing heavily in its submarine fleet over the past decade and a half, restocking its fleet with more sophisticated and more capable boats that are more active than at any time since the Cold War. That activity has worried Western officials, who have particular concern for what those subs might be doing around the undersea cables that link the US, Europe, and countries around the world, carrying 95% of communications and over $10 trillion in daily transactions.