This week, Scott was joined by his Lawfare colleagues Tyler McBrien and Anna Hickey and special guest Georgetown University professor and CSIS Senior Fellow (as well as Lawfare Foreign Policy Editor) Dan Byman to talk over the week’s big national security news, including:“Some Vacancies in Management.” Israeli forces unintentionally hit their number one target last week when an Israeli military patrol in Gaza stumbled across and killed Hamas leader Yahya Sinwar, who is widely believed to be the main architect behind the October 7 massacre. It’s the latest in a series of military operations that have left the leadership ranks of both Hamas and Hezbollah decimated. But what are these changes at the top likely to mean for these organizations? Is this an opportunity for peace? Or an opening to greater escalation?“Forgotten, or Not Forgotten Enough.” Sudan has spent the past several months spiraling toward a political and humanitarian crisis of historical proportions, driven in substantial part by the agendas of outside powers. But the situation has received relatively little attention from the global media or broader international community. What do we need to know about the Sudan crisis? And how does (or should) U.S. policy enter into the equation?“Person-ey Non Grat-ey.” Relations between Canada and India have hit a new low, as Canadian officials have accused Indian officials of leading a campaign to intimidate and interfere with Sikh nationals resident in Canada, as part of a broader international campaign. While Canada has gone so far as to expel involved Indian diplomats, its traditional allies—including the United States—have remained far less confrontational with India, despite concerns over similar types of behavior. What explains this difference in approach? And what tack should the United States take moving forward?For object lessons, Tyler celebrated the NY Liberty’s victory and urged basketball fans to get on the WNBA bandwagon. Scott urged D.C. residents to visit the beautiful Kenilworth Aquatic Gardens for a real taste of the swamp. Dan tripled down on the podcast’s endorsement of the spy thriller Slow Horses. And Anna recommended folks check out Bolts Magazine’s annual election cheat sheet as they prepare for the big event in just two weeks.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Eugenia Lostri, Senior Editor at Lawfare, sits down with Sam Kessler, Deputy Managing Editor for Tech and Protocols at CoinDesk, to talk about his recent investigation into how North Korean IT workers are infiltrating the crypto industry. They talked about the red flags that companies should be looking out for, why the crypto industry is particularly vulnerable, and the connection between these workers and the North Korean hacking arm.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Mark Chinen, Professor at Seattle University School of Law, joins Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare, to discuss his recent work on international human rights law as a framework for AI governance. Professor Chinen explores the potential of IHRL to address AI-related challenges, the implications of recent developments like the Council of Europe AI treaty, and the intersection of philosophy, divinity, and AI governance.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Professor Sanford Levinson has written extensively about the fragility of the Constitution. A likely contested election, AI, and ongoing gridlock makes his long-stemming concerns all the more relevant. In this episode of Chatter, Kevin Frazier, a Tarbell Fellow at Lawfare, sat down with Sandy, a professor at the University of Texas at Austin School of Law to explore how Sandy's thinking about the need for a wholesale revision of the Constitution has evolved, whether or not the Supreme Court is the most important decision maker in American society, the impact of constitutional amendments on the state level, and much more.More about Sandy Levinson: https://law.utexas.edu/faculty/sanford-v-levinson/Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

For today's episode, Lawfare Senior Editor Scott R. Anderson sat down with Sarah Yerkes, Senior Fellow at the Carnegie Endowment for International Peace, and Sabina Henneberg, the Soref Fellow at the Washington Institute for Near East Peace, to discuss recent elections in Tunisia, which saw increasingly authoritarian President Kais Saied returned to office with a purported 91% of the vote. They discussed the elections' lack of credibility, how they have been received by U.S. and other foreign officials, and what they say about the trajectory of democracy, both in Tunisia and elsewhere in the Middle East.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The journalist Atossa Araxia Abrahamian begins her new book, “The Hidden Globe: How Wealth Hacks the World,” in her hometown: Geneva, Switzerland. She writes, “I began this book about the world on a lifelong hunch: there was something strange about the place where I grew up…I am, and will always be, a part of this world apart—a place defined by a certain placelessness.” It turns out that Geneva is just one entrepôt of many on the hidden globe, which Abrahamian describes as a network of “spaces defined by surprising or unconventional jurisdiction—embassies, freeports, tax havens, container ships, Arctic archipelagoes, and tropical city-states,” which make up “the lifeblood of the global economy” and are “a defining part of our daily lives.” Lawfare Managing Editor Tyler McBrien explored these often far-flung places with Abrahamian, who described the origins of “extraterritorial domains” well beyond Geneva, in Mauritius, Dubai, Svalbard (Norway), Roatán (Honduras), Boten (Laos), and beyond—even in outer space.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From July 7, 2022: The United States Secret Service has many important missions, the most public of which is protecting the president of the United States. And in this mission, its motto is "Zero Fail." There is no window for them to let their guard down when it comes to protecting the commander-in-chief.And yet, the past several decades of the Secret Service's protection have seen gaps, mistakes and exposures of some fundamental problems within the Secret Service itself. Carol Leonnig is a Pulitzer Prize-winning national investigative reporter at the Washington Post known for her reporting on the Secret Service, as well as the Trump presidency and many other topics. She is also the author of the new book, "Zero Fail: The Rise and Fall of the Secret Service." She sat down with David Priess to talk about the United States Secret Service, its mission, its challenges and potential reforms to get over some of its most fundamental flaws.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This episode of “Lawfare Live: National Security and the 2024 Election” was recorded on October 15 in front of a live audience on Youtube and Zoom.Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Senior Editors Quinta Jurecic, Eugenia Lostri, and Alan Rozenshtein, Lawfare Tarbell Fellowin Artificial Intelligence Kevin Frazier, and Associate Professor of Law at St. John's University Law School Kate Klonick. They discussed former President Trump and Vice President Harris’s positions on various tech policies, like content moderation, AI, cybersecurity, antitrust, and TikTok bans.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Following Ukrainian President Volodymyr Zelensky’s speech to the Ukrainian Parliament outlining his victory plan, Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Ukraine Fellow Anastasiia Lapatina and Eric Ciaramella of the Carnegie Endowment for International Peace. They talked about the components of the plan, the reaction from the United States and other allies, and what the plan says about the state of Ukraine's war effort.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week, Scott sat down with his Lawfare colleagues Benjamin Wittes, Anastasiia Lapatina, and Eugenia Lostri to try to make sense of the week’s biggest national security news stories, including:“Kursked.” This week, even as Ukrainian President Volodymyr Zelensky rolls out his “Victory Plan” to Western allies, Russian forces have made progress reclaiming what some have described as a key part of that plan: the region of Kursk within Russia, which Ukrainian forces seized earlier this year. How central is Kursk to Zelensky’s vision for how to end the conflict? And how will Russia’s apparent progress impact his plans?“The Waiting Game.” The world remains on the edge of its seat, waiting to see how Israel will pursue its promised response against Iran for the volley of missiles the latter launched against it earlier this month. What sort of response does Israel seem to have in store? And what role will the United States be playing?“Tap Tap Tapping.” A coalition of China-associated hackers called “Salt Typhoon” is believed to have hacked the system used by telecommunications companies to comply with U.S. legal warrants. How big a deal is this? And what might its implications be for the United States surveillance system writ large?For object lessons, Ben shared his electronic composition “Trump Portrait” (with apologies to both Aaron Copeland and Abraham Lincoln). Nastya recommended “The Road to Unfreedom,” by Timothy Snyder, as an essential portrait of the road to Russia’s brutality. Scott sang the praises of the Slate podcast “One Year,” especially for those seeking informative and (mostly) family-friendly podcast fare. And Eugenia endorsed the series “Nobody Wants This,” the most grounded and realistic rabbi-meets-sex podcaster romcom you’ve ever seen.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Jonathan Zittrain, Faculty Director of the Berkman Klein Center at Harvard Law, joins Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare, to dive into his recent Atlantic article, “We Need to Control AI Agents Now.” The pair discuss what distinguishes AI agents from current generative AI tools and explore the sources of Jonathan’s concerns. They also talk about potential ways of realizing the control desired by Zittrain. For those eager to dive further into the AI agent weeds, Zittrain mentioned this CSET report, which provides a thorough exploration into the promises and perils of this new step in AI’s development. You may also want to explore “Visibility into AI Agents,” penned by Alan Chan et al. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In early September, the U.S. Justice Department released a trove of information about the Russian influence campaign known as “Doppelganger”—a Kremlin-backed effort that created faux versions of familiar news websites and seeding them with fake material. Just a few weeks later, the German publication Süddeutsche Zeitung reported that it had received a tranche of hacked materials from inside the Doppelganger operation. Thomas Rid, a professor at Johns Hopkins University’s School of Advanced International Studies and the founding director of the school’s Alperovitch Institute for Cybersecurity Studies, got an inside look at those documents. In a new article in Foreign Affairs, “The Lies Russia Tells Itself,” he examines the “granular operational insight” that this material provides into the active measures campaign. He joined the Lawfare Podcast to talk with Lawfare Senior Editor Quinta Jurecic about his findings—and why he believes the documents show that “the biggest boost the Doppelganger campaigners got was from the West’s own anxious coverage of the project.”To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The Earth's oceans differ from its land areas in many ways, including the historically powerful norm of "freedom of the seas." David Priess hosted David Bosco, Executive Associate Dean and Professor at Indiana University's Hamilton Lugar School of Global and International Studies, for a discussion about the origins and core principles of the freedom of the seas concept, Hugo Grotius, the practice of maritime commerce from ancient times until now, the three mile "cannon-shot" rule of territorial waters, privateering, piracy, the role of shipwrecks in spurring international cooperation on maritime safety, the norm of major canals being open to all, undersea cables, the unraveling of the freedom of the seas doctrine in the 20th century, the post-World War II era of expanding ocean claims, exclusive economic zones, optimism about the future of ocean governance, David Bosco's book The Poseidon Project, and more.Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

What are the antitrust implications of AI systems? At a recent conference co-hosted by Lawfare and the Georgetown Institute for Law and Technology, Lawfare Senior Editor Alan Rozenshtein sat down with David Lawrence, the Policy Director at the the Department of Justice's Antitrust Division to talk about how competition law applies to the makers and users of AI models.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From March 8, 2023: A few weeks ago, Human Rights Watch released a report on the forced expulsion of the Chagossian people, whom the United Kingdom deported from their island homes in the Indian Ocean about 60 years ago to make way for the United States to build a military base called Diego Garcia. The report recommends reparations for the Chagossian people and a trial for individuals responsible for these crimes against humanity—the very first time the group has laid such a charge at the door of the US and UK. Lawfare Managing Editor Tyler McBrien sat down with Philippe Sands, an international human rights lawyer who served as counsel for Mauritius in its bid to reclaim sovereignty over the Chagos Archipelago. Philippe is the author of several books, including his most recent, "The Last Colony: A Tale of Exile, Justice and Britain's Colonial Legacy," which is about the islands. They discussed the Chagossian people’s decades-long legal struggle to return to their ancestral home, a chance phone call from a ski lift, and the role of race and identity in the making and application of international law. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From September 14, 2023: It’s been another brutal summer with seemingly constant natural disasters precipitated by climate change. The United States and other countries have rightfully begun thinking of climate change as a security issue. But extreme weather is not the only challenge we must contend with. There’s also the problem of climate change’s victims, many of whom are forced to leave their homes. Lawfare Executive Editor Natalie Orpett sat down with Erin Sikorsky, Director of the Center for Climate & Security at the Council on Strategic Risks, to talk about this phenomenon, which is often referred to as climate migration. They discussed the scope of the climate migration crisis, its security implications, and how we can try to mitigate the harm.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This episode of “Trump’s Trials and Tribulations,” was recorded on Oct. 10 in front of a live audience on YouTube and Zoom.Lawfare Editor-in-Chief Benjamin Wittes spoke with Harvard Law School professor Jack Goldsmith and Lawfare Senior Editors Anna Bower and Roger Parloff. They discussed Jack’s recent op-ed in the New York Times—in which he argued that the Justice Department’s recent filing in the Jan. 6 case is in tension with department policy, and that the department should publicly justify the filing and related actions. Bower and Parloff also ticked through other Trump litigation activity in D.C., Florida, Georgia, and New York.Learn more about Lawfare’s new livestream series about the national security issues at play in the 2024 presidential election.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Following the devastation of Hurricane Helene in western North Carolina, rumors and conspiracy theories about the disaster quickly began spreading online—some of them outrageous and bizarre, and some of them legitimate efforts to make sense of a confusing and frightening situation. With Hurricane Milton moving through Florida, the confusion seems unlikely to let up anytime soon. The volume of rumors circulating “is absolutely the worst I have ever seen,” FEMA Administrator Deanne Criswell told reporters.There’s no one better positioned to speak to these issues than Kate Starbird, the co-founder of the University of Washington’s Center for an Informed Public, who studies both online rumors and disinformation along with crisis informatics, or how information circulates in the wake of disaster. Lawfare Senior Editor Quinta Jurecic spoke with Kate about why rumors spread after disasters, whether the flood of falsehoods is worse this time around, and how confusion following the hurricanes may set the groundwork for future conspiracy theories about the November election.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week, Scott sat down with his Lawfare colleagues Molly Reynolds, Kevin Frazier, and Katherine Pompilio to talk over the week's big national security news stories, including:“The Fourth Law of Robotics is, You Don’t Talk About the First Three Laws of Robotics.” California Governor Gavin Newsom vetoed SB 1047 this past week, a measure that would have imposed the first set of meaningful safety regulations on the development of Artificial Intelligence (AI)—measures industry leaders said were onerous and unnecessary. While Newsom vetoed this legislation, he endorsed the broader idea of safety action on AI, including at the state level. What does Newsom’s move tell us about the state of the AI industry and efforts to regulate it?“Battening Down the Hatchetmen.” As countless Americans have struggled through the aftermath of Hurricane Helene—and are preparing for Hurricane Milton, due to make landfall Wednesday—Congress has been in recess. And Speaker of the House Mike Johnson has expressed his opposition to any effort to call them back early to provide, among other things, supplemental emergency funding. What is the logic behind Johnson’s opposition? And what does it tell us about the state of Congress as we head into a potentially historic election?“Premature Articulation.” Last week, Special Counsel Jack Smith filed a massive brief laying out how his prosecution of former President Donald Trump can proceed within the (very messy) framework laid out by the Supreme Court in its immunity decision earlier this year. But the timing of this filing (and its unsealing) has some claiming that Smith is acting out of political animus. What’s the significance of this filing? And should Smith have waited until after the election? For object lessons, Molly asked whether the Mets rally pumpkin would go the way of Liz Truss's head of lettuce. Kevin urged listeners to help out needy Floridians suffering through the hurricanes through Feeding Florida. Scott sang the epic tale of his own hurricane refugee mother, and her long and unexpected drive up the east coast. And Katherine recommended the album "Big Ideas" by the life-changing artist Remi Wolf, and offers a warning against being influenced by the influencers.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Tyler McBrien, Managing Editor of Lawfare, sat down with Lisa Luksch, a curator at the Architekturmuseum der TUM; Anjli Parrin, Assistant Clinical Professor of Law and Director of the Global Human Rights Clinic at the University of Chicago; and Brad Samuels, a founding partner at SITU and the Director of SITU Research. They talked about a new exhibition, “Visual Investigations: Between Advocacy, Journalism, and Law,” which opens on Oct. 10 at the Architekturmuseum der TUM in Munich. The exhibition explores the emergent field of visual investigation, which brings together interdisciplinary teams of architects, filmmakers, computer scientists, and others who synthesize images, video, and other data to present factual accounts of human rights abuses. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

For today’s episode, Loyaan Egal, the Chief of the Enforcement Bureau at the Federal Communications Commission (“FCC”), sat down with Lawfare Senior Editor and General Counsel Scott R. Anderson and Lawfare Contributing Editor and Morrison Foerster partner Brandon Van Grack to discuss the FCC’s growing but often underappreciated role in advancing U.S. national security. They covered how the FCC’s mandate intersects with U.S. national security concerns, how the FCC is tackling cutting-edge issues ranging from undersea cables to artificial intelligence-enabled election interference, and what other national security challenges the FCC is looking out for on the horizon. This episode is part of our special series, “The Regulators,” co-sponsored with Morrison Foerster, in which Brandon and Scott sit down with senior U.S. officials working at the front lines of U.S. national security and economic statecraft.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Stoicism is having a moment.The ancient philosophy--which posits that you can’t control events, but you can control how you respond to them--has lately been embraced by self-help gurus and tech bros. But Nancy Sherman writes that the tenets of Stoicism have long found a receptive audience in “the military mind.” Whether they know it or not, soldiers, sailors, airmen, and Marines are guided by many of the principles espoused by Epictetus and Marcus Aurelius. Sherman, a professor at Georgetown University, is the author of several books, including Stoic Warriors: The Ancient Philosophy behind the Military Mind. She spoke with Shane Harris about why Stoic virtues resonate with those who serve in uniform and what the philosophy can teach everyone about how to live well amid uncertainty and struggle. Books and people discussed in this episode include: “Stoic Warriors: The Ancient Philosophy behind the Military Mind” by Nancy Sherman https://global.oup.com/academic/product/stoic-warriors-9780195315912?cc=us&lang=en&  Cicero https://iep.utm.edu/cicero-roman-philosopher/ Marcus Aurelius https://plato.stanford.edu/entries/marcus-aurelius/ Epictetus https://iep.utm.edu/epictetu/ Seneca’s “De Beneficiis” https://www.gutenberg.org/files/3794/3794-h/3794-h.htm James Stockdale https://www.defense.gov/News/Feature-Stories/story/Article/2097870/medal-of-honor-monday-navy-vice-adm-james-stockdale/ Thomas Gibbons-Neff https://www.nytimes.com/by/thomas-gibbons-neff Ian Fishback https://www.npr.org/2023/08/09/1192996954/ian-fishback-who-blew-the-whistle-on-torture-by-the-u-s-military-was-laid-to-res Hugh Thompson https://www.latimes.com/opinion/op-ed/la-oe-wiener-my-lai-hugh-thompson-20180316-story.html Edward Villella https://sab.org/scenes/sab-trailblazer-edward-villella/ More about Nancy Sherman https://www.nancysherman.com/ Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Isabelle Kerby-McGowan and Megan Nadolski of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Jake Effoduh, Assistant Professor at Lincoln Alexander School of Law, joins Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare, to share his research on the Global South’s perspective on AI. Jake has carved a unique and important research agenda looking into how AI advances are impacting the pursuit and realization of human rights in Africa. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Kyle Cheney, Senior Legal Affairs Reporter for Politico, discusses his recent Politico article on the legal and political landmines threatening the criminal prosecutions of rioters involved in the Jan. 6 Capitol siege.Lawfare Senior Editor Roger Parloff sat down with Kyle to discuss a serious legal challenge to the key misdemeanor charge leveled in more than 90 percent of Jan. 6 cases, a troubling ruling from the U.S. Court of Appeals for the Fifth Circuit declaring most so-called “geofencing” warrants unconstitutional, and former President Trump’s promises to pardon many Jan. 6 defendants if he wins reelection.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This episode of “Trump's Trials and Tribulations,” was recorded on October 3 in front of a live audience on YouTube and Zoom.Lawfare Senior Editor Scott Anderson spoke to Lawfare Senior Editors Anna Bower, Quinta Jurecic, and Roger Parloff about Special Counsel Jack Smith’s immunity motion in the Jan 6 case against former President Trump, what it means for the future of the case and of course took audience questions.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From October 11, 2023: This past Saturday, the terrorist group Hamas launched an unprecedented raid from the Gaza Strip into southern Israel that left more than 1000 people – most of them Israeli civilians, many of them women, children, and the elderly – brutally murdered. Dozens more were taken as hostages back into Gaza. A shocked Israel has in turn responded with missile attacks into Gaza that have killed more than 800 Palestinians there, and is planning a broader offensive there. And as people search for more information on what’s transpired, there are concerns that events may yet spiral out into a broader regional war – one that, among other consequences, might derail efforts at normalization in the Israeli-Saudi relationship that have been a major focus of the United States in recent weeks.To discuss these tragic events and their potentially seismic consequences, Lawfare Senior Editor Scott Anderson sat down with a panel of leading experts: Natan Sachs, Fellow at the Brookings Institution and director of our Center for Middle East Policy; Dan Byman, from the Center for Strategic & International Studies as well as Lawfare’s foreign policy editor; Ghaith al-Omeri of the Washington Institute for Near East Policy; and Lawfare’s own Editor-In-Chief Benjamin Wittes. They discussed the ripple effects the attack is having throughout the region, the role that Iran and other actors may have played, and what it may yet mean for the region and the broader world.Please note that this episode contains content that some people may find disturbing. Listener discretion is advised.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

California Governor Gavin Newsom recently vetoed SB 1047, the controversial AI safety bill passed by the California legislature. Lawfare Senior Editor Alan Rozenshtein sat down with St. Thomas University College of Law Assistant Professor Kevin Frazier and George Mason University Mercatus Research Fellow Dean Ball to discuss what was in the bill, why Newsom vetoed it, and where AI safety policing goes from here.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week, Scott sat down with his Lawfare colleagues Benjamin Wittes, Quinta Jurecic, and Tyler McBrien to try to make sense of the week’s biggest national security news stories, including:“Pulling Up the Escalation Ladder.” Israel’s escalating campaign against Hezbollah turned regional yesterday, as Iran launched a salvo of more than 180 ballistic missiles against Israel. While the damage was limited, both Israel and the United States have promised consequences. What strategies are Israel, Iran, and the United States pursuing in all this? And where will it lead?“At Least He Didn’t Get Aslan Killed.” New York City Mayor Eric Adams’s passion for Turkish delights has led to his indictment on multiple charges relating to alleged corruption, specifically at the behest of individuals associated with the Turkish and potentially other foreign governments. Adams, in turn, claims he is being targeted for, among other reasons, speaking out about immigration concerns. What is the real driver behind Adams’s indictment? “Devil Came Down to Georgia.” Hurricane Helene wreaked havoc on the American southeast this past week—not just in coastal areas accustomed to hurricane season damage, but also deep inland as it cut through and past the Gulf of Mexico. In parts of southern Appalachia, the storm caused immense flooding that has wiped out whole towns and resulted in dozens of deaths. The aftermath is raising countless policy concerns, from ways to heighten resilience to concerns over the impact on the forthcoming general election. How should hurricanes and other extreme weather events—widely understood to be, in part, products of climate change—figure into our national security?To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

For today’s episode, Lawfare General Counsel and Senior Editor Scott R. Anderson sat down with Richard Gowan, the U.N. Director for the International Crisis Group, to review what went down at the recent U.N. General Assembly High-Level Week.They discussed how the national leaders who gathered in New York for the meetings responded to the ongoing conflicts in Gaza, Ukraine, and Sudan; how strategic competition between China, Russia, and the United States shaped the proceedings; and what it can tell us about where the United Nations is headed.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Israel has hit Hezbollah very hard over the past few days, killing much of its senior leadership and eroding its capabilities. It has also displaced hundreds of thousands of Lebanese and now has ground forces in Lebanon. Iran has responded with a missile barrage against Israel, to which an Israeli response is widely expected. To discuss the latest events in the expanding war, Lawfare's Editor-in-Chief Benjamin Wittes sat down with Firas Maksad of the Middle East Institute, Natan Sachs of the Brookings Institution, and Lawfare Senior Editor Scott R. Anderson.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Conspiracy theories about supposed Jewish control of global finance and politics have been circulating and influencing popular culture for centuries, with the spotlight often falling on the Rothschild family. Author Mike Rothschild (no relation), who has researched and written about the phenomenon in his book Jewish Space Lasers, joined David Priess to discuss the appeal of conspiracy theories overall, the genesis of the Rothschilds' wealth, legends about the family's involvement in the Battle of Waterloo and other major world events, how the expansion of Rothschild commercial interests in the 1800s spurred paranoia about the family's influence, Nazi-era movies about the Rothschilds, why the family failed to gain traction in the United States, the connections between anti-Semitism and grand conspiracy theories, Stanley Kubrick's Eyes Wide Shut, Marjorie Taylor Greene's "Jewish space lasers" comments, and more.Works mentioned in this episode:The book The Storm Is Upon Us by Mike RothschildThe book Jewish Space Lasers by Mike RothschildThe movie Eyes Wide ShutChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Jay Venables of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Robert Mahari, a joint JD-PhD candidate at the MIT Media Lab and Harvard Law School, joins Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare, to explain how increased use of AI agents may lead humans to form troublingly and even addictive relationships with artificial systems. Robert also shares the significance of his research on common uses of existing generative AI systems. This interview builds on Robert’s recent piece in the MIT Tech Review, which he co-authored with Pat Pataranutaporn.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

New York Mayor Eric Adams is facing indictment in connection with a foreign influence scheme involving Turkey. It’s the latest in a long string of actions by the Justice Department to counter foreign efforts to interfere in the American political system. Lawfare Editor-in-Chief Benjamin Wittes sat down with Managing Editor Tyler McBrien, Senior Editor Quinta Jurecic, and Contributing Editor Brandon Van Grack to discuss the charges against Adams and the larger pattern of which they are a part.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From September 21, 2022: This past Monday, the criminal trial of Thomas Barrack began in federal court in the Eastern District of New York. Barrack, who served as an informal advisor to the 2016 Trump campaign and then as chair of Trump's inaugural committee, is alleged to have acted as a foreign agent of the United Arab Emirates. According to the indictment, Barrack acted as a back channel for the UAE to influence U.S. foreign policy.Lawfare executive editor Natalie Orpett sat down with Alex Iftimie, a partner at the law firm Morrison Foerster, and a former Department of Justice attorney specializing in national security matters, including the Foreign Agents Registration Act, or FARA, and related statutes. They discussed the case against Barrack, the significance of the charges to broader enforcement strategy, and why foreign influence matters for U.S. national security.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This episode of “Lawfare Live: National Security and the 2024 Election” was recorded on September 24 in front of a live audience on Youtube and Zoom.Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Senior Editors Scott R. Anderson, Molly Reynolds, Quinta Jurecic, and Anna Bower and Professor of Law at Stanford Law School Nate Persily. They discussed how Congress has prepared for the 2024 election, including the passage of the Electoral Count Reform Act of 2022, how the government and social media companies are addressing election-related disinformation, and how states have used the lessons of 2020 to prepare for the 2024 election.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Geoff Schaefer, Head of Responsible AI at Booz Allen Hamilton, and Alyssa Lefaivre Škopac, an independent responsible AI strategist, join Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare, to detail the Responsible AI Top-20 Controls. As governments, corporations, and nonprofits face increasing pressure to integrate AI into their operations, how to do so in an ethical and responsible fashion has remained an open question. Geoff and Alyssa offer their insights on jumpstarting AI governance within any institution.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week, Scott was joined by Natalie Orpett, Anna Bower, and Matt Gluck to talk over some of the week's big national security news, including:“Some Assembly Required.” On Tuesday, President Biden gave his fourth and final speech as president to the U.N. General Assembly. He used the occasion to reflect on the many foreign policy decisions of his presidency, including the withdrawal from Afghanistan, opposition to Russia’s invasion of Ukraine, and the (thus far unsuccessful) pursuit of a ceasefire in the conflict in Gaza. What does this speech—and the year’s U.N. General Assembly more broadly—tell us about the state of his foreign policy legacy?“Keeping it Peachy.” Georgia’s state election board is in the news for rules changes that some allege could delay finalization of the 2024 election results, opening a possible door for Congress to manipulate the results. But what will these rules changes really mean? And what does it tell us about the potential for (and limits on) efforts to manipulate the outcome of the 2024 presidential election?“Memo-ries of the Way We Were.” Last week, the New York Times published excerpts from several memoranda prepared by then-President Trump’s White House Counsel addressing questions he appears to have posed regarding his ability to direct the Justice Department to investigate and prosecute individuals. Given Trump’s repeated pledges of vengeance if he were to return to the White House, what do these memoranda tell us about what he might be able to accomplish? And what obstacles may lie in his way, particularly in light of the Supreme Court’s intervening decision on presidential immunity?For object lessons, Natalie recommended Helen Phillips' new novel “Hum.” Anna stole Scott's object lesson and recommended season two of Rings of Power along with season three of Industry. Scott sang the praises of the best tiny speaker he ever did see (er, hear). And Matt Gluck dug into the sportsball file to urge listeners to begin following the Detroit Tigers' historic playoffs run.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Steve Coll’s latest book, “The Achilles Trap: Saddam Hussein, the C.I.A., and the Origins of America’s Invasion of Iraq,” seeks to explain why Saddam Hussein would put his regime at risk over weapons of mass destruction (WMD) that didn’t exist. Saddam ultimately lost his regime, and his life, in part because he saw America as an omniscient puppeteer seeking to dominate the Middle East. The United States put thousands of troops in harm’s way in pursuit of a rogue WMD program that turned out to be a fiction. Were these outcomes inevitable?Lawfare Student Contributor Preston Marquis sat down with Coll, a Pulitzer Prize-winning journalist and author, to explore this question. “The Achilles Trap” is unique in that it relies on Saddam’s secret tapes and archives to unpack twists and turns in the U.S.-Iraq bilateral relationship dating back to the Cold War. The full review is available on the Lawfare website.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Itsiq Benizri, counsel in WilmerHale’s Brussels office, joins Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare, to review the shocking and significant resignation of former European Commissioner Thierry Breton. Breton served as the EU’s commissioner for the internal market and played a major role in shaping and enforcing the EU’s digital regulations.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The explosion of the Space Shuttle Challenger in January 1986 riveted millions of Americans, who watched the horrific event live on television. What they didn’t know then was that the tragedy was largely preventable, a disastrous result of hubris and “magical thinking” as much as flawed engineering. Journalist Adam Higginbotham’s new book, “Challenger: A True Story of Heroism and Disaster on the Edge of Space,” is a definitive account of what went wrong, and how NASA failed to learn from its own mistakes. Higginbotham’s story begins with an earlier fatal accident, a fire in the capsule of the Apollo 1 mission, which presaged Challenger’s fate. He then recounts the early days of the space shuttle program. Astonishingly, the very mechanical flaws that led to Challenger’s destruction were known, but the warnings of a few engineers were ignored by more senior officials, who by the time Challenger was set to launch the first teacher into space faced tremendous political and public pressure to make the mission happen, despite obvious risks. Higginbotham spoke with Shane Harris about his book, why he wanted to tell the Challenger story, and the future of human spaceflight. Books, events, and people discussed on this episode include: “Challenger”: https://www.simonandschuster.com/books/Challenger/Adam-Higginbotham/9781982176617 “Midnight in Chernobyl”: https://www.simonandschuster.com/books/Midnight-in-Chernobyl/Adam-Higginbotham/9781508278511 The Apollo 1 fire: https://www.nasa.gov/mission/apollo-1/ Roger Boisjoly, rocket engineer: https://www.npr.org/sections/thetwo-way/2012/02/06/146490064/remembering-roger-boisjoly-he-tried-to-stop-shuttle-challenger-launch The crew of Challenger STS-51L: https://www.nasa.gov/challenger-sts-51l-accident/ The Columbia disaster: https://www.washingtonpost.com/archive/politics/2003/04/09/denial-of-shuttle-image-requests-questioned/80957e7c-92f1-48ae-8272-0dcfbcb57b9d/ Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Jay Venables of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Israel and Hezbollah seem to be headed for a major war. Over the past several weeks, Israel has taken a series of escalatory steps along its northern border, targeting major Hezbollah figures, blowing up pagers used by thousands of Hezbollah operatives, and—most recently—hitting targets all over southern Lebanon associated with Hezbollah. Will it lead to all-out war? Lawfare’s Editor-in-Chief, Benjamin Wittes, sat down with Senior Editor Scott R. Anderson and Foreign Policy Editor Daniel Byman to talk over the latest developments between Israel and its most capable military foe.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Lindsay Chervinsky is the Executive Director of the George Washington Library at Mount Vernon. She is also the author of a much celebrated new book on the John Adams presidency that is focused primarily on the national security decision-making of the second president and how it set norms for the conduct of the presidency and its powers with which we still live today. She sat down with Lawfare Editor-in-Chief Benjamin Wittes to talk about how Adams defended presidential power while it was under assault by both his Jeffersonian foes and the radicals of his own Federalist party.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From: January 5, 2022: Two years ago this week, the head of the Quds Force of the Iranian Revolutionary Guard, Qassem Soleimani, was killed in an American strike. At the time, we convened a group of Brookings and Lawfare experts to talk about the potential benefits and risks of the strike, and two years later, we got the gang back together. Benjamin Wittes sat down with Suzanne Maloney, the head of Foreign Policy program at Brookings and an Iran specialist; Dan Byman, terrorism expert, Middle East scholar and Lawfare’s foreign policy editor; and Scott R. Anderson, Lawfare senior editor and Brookings fellow, to talk about what two years has wrought. They discussed whether the threat of terrorism and escalation in response to the strike was overstated, if U.S. interests were harmed in Iraq as a result of the strike, and what may have kept the Iranian regime from taking stronger action than it eventually took.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This episode of “Trump's Trials and Tribulations,” was recorded on September 19 in front of a live audience on YouTube and Zoom.Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Senior Editors Anna Bower and Roger Parloff about Judge McAfee’s order dismissing 3 counts from the Fulton County indictment, what filings we are waiting on in D.C., a recent New York Times story on the Supreme Court’s handling of this term’s Trump cases, and more.Learn more about Lawfare’s new livestream series about the national security issues under debate during the 2024 presidential election.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Bob Bauer, Professor of Practice and Distinguished Scholar in Residence at New York University School of Law, and Liza Goitein, Senior Director of Liberty & National Security at the Brennan Center, join Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare, to review the emergency powers afforded to the president under the National Emergency Act, International Emergency Economic Powers Act, and the Insurrection Act. The trio also inspect ongoing bipartisan efforts to reform emergency powers.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week, Scott sat down with Lawfare team members Alan Rozenshtein, Tyler McBrien, and RatSec newbie Anastasiia "Nastya" Lapatina to talk through the week's national security headlines, including:“A Shot Across the Rubicon.” Reports indicate that President Biden and his U.K. allies may be on the verge of giving Ukraine approval to use their advanced weapons systems to strike deep into Russia, despite Russian President Vladimir Putin’s threat that doing so would be seen as an act of war. How risky a move is this? “TikTok on the DokKit.” Challengers of the federal law that would ban TikTok had their (first) day in court on Tuesday in oral arguments before the D.C. Circuit. How were their criticisms received by the three-judge panel? And what will the implications of their ruling be for the law, and for TikTok more generally?“Dialing M.” Thousands of Lebanese—many of them members of the terrorist group and political movement Hezbollah—were killed or injured this week, when their pagers detonated in what many suspect was a complex terrorism operation by Israel. While some are proclaiming this to be the most accurate counter-terrorism operation in history, others are saying it was indiscriminate in its disregard for possible civilian loss of life. What should we make of this operation? And what impact will it have on the broader Israeli-Palestinian conflict?For object lessons, Alan endorsed the new Vince Vaughn series Bad Monkey for finally giving the nice guy a shot. Tyler recommended the album "Manning Fireworks" by MJ Lenderman (as recently profiled in The New Yorker). Scott doubled-down on a prior Alan recommendation by encouraging folks to check out sci-fi author Ray Nayler's latest book, "The Tusks of Extinction," and the exceptional collection of short stories he's published online. And Nastya urged listeners to check out Serhii Plohky's new book, "The Russo-Ukrainian War: The Return of History."Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On April 14, 2022, New York Times technology reporters Kate Conger and Ryan Mac woke up to a stunning four-word tweet from Elon Musk’s Twitter account: “I made an offer.” Having long covered the technology and social media beat, they read Musk’s terse post as the “unbelievable but inevitable culmination of two storylines we had pursued for a decade as journalists in Silicon Valley.”On today’s episode, Lawfare Managing Editor Tyler McBrien spoke to Conger and Mac about the cloak-and-dagger corporate dealings that preceded the offer, as well as the drama that unfolded after the ink dried, which they reported in detail in their new book, “Character Limit: How Elon Musk Destroyed Twitter.” They discussed Musk’s predecessors—Jack Dorsey and Parag Agrawal—as well as the platform’s troubled history of content moderation, and why the billionaire wanted it all for himself.  To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Science journalist Sarah Scoles has written extensively about astronomy and the UFO community, including in her 2021 book They Are Already Here. She joined David Priess to discuss how scientists look at ETs, pop cultural takes on first contact with extraterrestrials, the incredible influence of Carl Sagan's Contact, the Allan Hills meteorite, the evolution over time of beliefs about aliens contacting humans, how the Roswell myth emerged, the International UFO Congress, the Mutual UFO Network, UFO investigators, seeing lights around Area 51, SETI salvationalism, extraterrestrial-visitation belief as a religious movement, and more.Works mentioned in this episode:The book Contact by Carl SaganThe movie ContactThe book Making Contact by Sarah ScolesThe book They Are Already Here by Sarah ScolesThe book Countdown by Sarah ScolesThe event "UAP: The Search for Clarity," at the Michael V. Hayden Center for Intelligence, Policy, and International Security, November 15, 2023Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Jay Venables of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Jane Bambauer, Professor at Levin College of Law; Ramya Krishnan, Senior Staff Attorney at the Knight First Amendment Institute and a lecturer in law at Columbia Law School; Alan Rozenshtein, Associate Professor of Law at the University of Minnesota Law School and a Senior Editor at Lawfare, join Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare, to break down the D.C. Circuit Court of Appeals’ hearing in TikTok v. Garland, in which a panel of judges assessed the constitutionality of the TikTok bill.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

For today’s episode, Lawfare senior editor Scott R. Anderson sat down with Joel Braunold, Managing Director of the S. Daniel Abraham Center for Middle East Peace, for a deep dive on the current state of the Israeli-Palestinian conflict in these last few weeks before what could be a pivotal U.S. election.They discussed the state of Prime Minister Benjamin Netanyahu’s governing coalition, recent developments relating to al-Haram al-Sharif and the West Bank, the state of Israel’s external relations with Iran, the United States, and the broader region — and what it all means for the increasingly stagnant conflict in Gaza.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's been a rough couple of weeks in Ukraine, as Russian forces have hit major cities with intense bombardments, killing an unusually large number of people. Moreover, the front in Donetsk continues to erode. On the other hand, Ukrainian forces are still in Kursk, occupying about 500 square miles of Russian territory, in an embarrassing show of forces to the Russians, and discussions continue with Western governments about relaxing restrictions on Ukrainian use of long-range missiles inside of Russia proper. There was also a cabinet reshuffle recently. That's all a lot to talk about with Lawfare's Ukraine fellow, Anastasiia Lapatina, and Eric Ciaramella of the Carnegie Endowment for International Peace, who joined Benjamin Wittes for an update on the war.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Gharun Lacy has an unusual job. He’s the head of cybersecurity at the State Department, responsible for securing computers and their users in every embassy and consulate and responsible for making sure senior diplomats can communicate securely even in the most forbidding overseas environments. In a wide-ranging conversation, he sat down with Lawfare’s Benjamin Wittes to talk about the challenging work of the Diplomatic Security Service generally and its work in the cyber and technology security area particularly.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From December 24, 2016: Whatever the President-elect might say on the matter, the question of Russian interference in the presidential election is not going away: calls continue in the Senate for an investigation into the Kremlin's meddling, and the security firm Crowdstrike recently released new information linking one of the two entities responsible for the DNC hack with Russia's military intelligence agency. So how should the United States respond?In War on the Rocks, Evan Perkoski and Michael Poznansky recently reviewed the possibilities in their piece, "An Eye for an Eye: Deterring Russian Cyber Intrusions." They've also written on this issue before in a previous piece titled "Attribution and Secrecy in Cyber Intrusions." We brought them on the podcast to talk about what deterrence of Russian interference would look like and why it's necessary.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In a live recording on September 10, Lawfare Editor-in-Chief Benjamin Wittes moderated a panel discussion featuring Lawfare Senior Editor and Brookings Fellow Scott R. Anderson, Co-Founder and Chairman of Silverado Policy Accelerator Dmitri Alperovitch, American Enterprise Institute Senior Fellow Kori Schake, and the Center for Middle East Policy Director and Brookings Senior Fellow Natan Sachs. They discussed Harris’s policy positions on U.S. military and economic aid to Ukraine, the Israel-Gaza War, NATO, and aid to Taiwan. This was the first panel in Lawfare's new livestream series, Lawfare Live: National Security and the 2024 Election. The next panel will be on Sept. 24.This episode also includes a conversation between Benjamin Wittes and Lawfare Managing Editor Tyler McBrien about the national security policies discussed at the Sept. 10 debate between Vice President Harris and former President Trump.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Helen Toner, Director of Strategy and Foundational Research Grants at Georgetown University's Center for Security and Emerging Technology (CSET), and Zach Arnold, Analytic Lead at Georgetown University's Center for Security and Emerging Technology, join Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare, to discuss their recent article "AI Regulation's Champions Can Seize Common Ground—or Be Swept Aside." The trio explore the divide between AI "doomers" and "ethicists," and how finding common ground could strengthen efforts to govern AI responsibly.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In the debut episode of RatSec 2.1, Scott sat down with his Lawfare colleagues Kevin Frazier, Eugenia Lostri, and Benjamin Wittes to talk over the week’s big national security news, including:“I Have Concepts of a Segment Topic.” On Tuesday, Kamala Harris and Donald Trump faced off in what might end up being the only presidential debate between the two candidates in the 2024 election. What did it tell us about how national security is figuring into this election? “Running Political Interference Interference.” The Justice Department has been very busy these past few weeks, bringing an array of indictments and enforcement actions against various Russian actors and their proxies for spreading misinformation, surreptitiously funding political commentary, and otherwise attempting to interfere in the upcoming 2024 elections. What explains this sudden wave of activity so close to the election? And what threats are still hanging out there?“Never Forgot.” Twenty-three years have passed since the unprecedented terrorist attacks of 9/11. In many ways, they redefined the trajectory of U.S. national security policy (and politics) for decades. But today, the United States has shifted focus to a very different set of challenges. What is the legacy of 9/11 more than two decades after the attacks? For object lessons, Kevin readied our listeners for depression before recommending Neil Postman’s new book, “Amusing Ourselves to Death.” Ben endorsed the documentary Man on Wire as his favorite movie about 9/11, in part because it has nothing to do with 9/11. Scott urged D.C.-area residents not to sleep on the sublime joys of an outdoor show at Wolf Trap while the weather is still nice. And Eugenia shed her video game label to throw her support behind James Cameron’s latest maritime adventure, the (weirdly mutant-free) sea exploration documentary series OceanXplorers.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Without new congressional authorization for its post-Oct. 7 operations in the Middle East, the Biden administration has sought to legally justify its military activities in the region based on the president’s constitutional authority and the application of existing statutory authorities to operations against new adversaries. These executive branch arguments are the outgrowth of similar arguments presidential administrations have made over the last few decades, largely related to the requirements in the War Powers Resolution. The International Crisis Group recently analyzed these arguments and related issues in a new report, “Bending the Guardrails: U.S. War Powers after 7 October.” Tyler McBrien and Matt Gluck of Lawfare spoke with Brian Finucane, a senior adviser for the U.S. Program at the International Crisis Group and an author of the report, and Matthew Waxman, a professor at Columbia Law School, about the Crisis Group’s report. They discussed the history relevant to the current war powers moment, how the Biden administration has continued to justify its operations without new legislative authority, and the possibility of war powers legal reform moving forward.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On Aug. 8, the international community concluded its final negotiations at the United Nations over an international cybercrime treaty. The negotiation—a Russian proposal—was intended to harmonize global efforts to combat transnational cybercrime. However, the treaty has come under intense criticism from civil society, human rights advocates, and industry. Lawfare Fellow in Technology Policy and Law Eugenia Lostri sits down with Nick Ashton-Hart, Senior Director for Digital Economy Policy for APCO Worldwide. Ashton-Hart is the former head of delegation to the UN cybercrime treaty negotiations for the Cybersecurity Tech Accord. They discuss the different concerns the treaty raises, how it compares to alternatives for law enforcement cooperation, and what comes next, as the treaty goes to a vote before the UN General Assembly.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Council on Foreign Relations fellow, Washington Post columnist, and author of military history books Max Boot has just completed a definitive biography of Ronald Reagan, eleven years after starting his research and writing for it. He joined David Priess to talk all about Reagan, including his appeal as a biography subject, his World War II experience, his speech preparation, his turn from New Deal Democrat to right-wing Republican, his path to electoral politics, his management style, his optimism, his pragmatism, his influence on pop culture in the 1980s, his role in ending the Cold War peacefully, his movies, and more.Works mentioned in this episode:The book Reagan: His Life and Legend by Max BootThe movie Kings RowThe movie Bedtime for BonzoThe movie Knute Rockne All AmericanThe book The Unwinding by George PackerThe book Desert Star by Michael ConnellyChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Jay Venables and Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

For today’s episode, Lawfare General Counsel and Senior Editor Scott R. Anderson sat down with Andrew Miller, a Senior Fellow at the Center for American Progress who was, until recently, the Deputy Assistant Secretary of State for Israeli-Palestinian Affairs.They discussed how the Israeli-Palestinian conflict fit into the Biden administration’s broader foreign policy strategy, how the Oct. 7 massacre and ensuing Gaza war have changed this calculus, and where U.S. policy is likely to go from here.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Lawfare Fellow in Technology Policy and Law Eugenia Lostri sits down with John Speed Meyers, head of Chainguard Labs, and Paul Gibert, a research scientist at Chainguard Labs to talk about the distinct challenges of securing open source software (OSS). They discuss what sorts of harms OSS compromises can lead to, how Log4J opened a political window for action on OSS security, and how the software liability debate affects OSS developers.Meyers and Gibert authored a Lawfare article questioning the conventional wisdom on how software liability could deal with OSS.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From October 23, 2020: It's been a wild couple of days of disinformation in the electoral context. Intelligence community officials are warning about Russian and Iranian efforts to influence the U.S. presidential election—and claiming that Iran is responsible for sending threatening emails from fake Proud Boys to Democratic voters. What exactly is going on here? To talk through the developments and the questions that linger, Benjamin Wittes sat down with Scott R. Anderson, Susan Hennessey and Quinta Jurecic.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This episode of “Trump's Trials and Tribulations,” was recorded on September 5 in front of a live audience on YouTube and Zoom.Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Senior Editors Anna Bower and Roger Parloff Thursday’s hearing in the D.C. case, Judge Chutkan’s scheduling order on the briefing on the immunity issue, Trump’s efforts to remove his New York hush money and election interference case to federal court, and an interesting amicus brief in the classified documents case.Learn more about Lawfare’s new livestream series about the national security issues under debate during the 2024 presidential election.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It’s been a busy week in the world of social media and technology platforms. Meta CEO Mark Zuckerberg sent an odd letter to the House Judiciary Committee apparently disclaiming some of his company’s past content moderation efforts. Telegram founder Pavel Durov was arrested in France on a wide range of charges involving an investigation into the misuse of his platform. And Elon Musk is engaged in an ongoing battle with Brazilian courts, which have banned access to Twitter (now X) in the country after Musk refused to abide by court orders. These three news stories speak to a common theme: the difficult and uncertain relationship between tech platforms and the governments that regulate them. To make sense of it all, Quinta Jurecic, a Senior Editor at Lawfare, with Matt Perault—the Director of the Center on Technology Policy at the University of North Carolina at Chapel Hill—and Renée DiResta, author of the new book, “Invisible Rulers: The People Who Turn Lies Into Reality,” and the former technical research manager at the Stanford Internet Observatory.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week, Alan, Quinta, and Scott celebrated the third anniversary of Rational Security 2.0 with their Lawfare colleagues Molly Reynolds, Natalie Orpett, and Tyler McBrien, who sat in brutal judgment as the three co-hosts pitched them their hottest takes yet, including:Are concerns about judicial ethics overblown?Do ethics require that we open the borders and make whoever wants to become one a citizen?Should we just treat AI systems like the wild animals they are?Which takes are undercooked, which too hot, and which are just right? Listen in and decide!Meanwhile, for object lessons, Scott shared some news about the future of Rational Security moving forward. Listen to the end of the episode to find out what!Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

As Robbie Gramer and Amy Mackinnon wrote in Foreign Policy, “If you want to learn more about the U.S. Democratic Party’s foreign-policy vision as the Democratic National Convention (DNC) gets underway this week, you have two options: a webpage that apparently hasn’t been updated in three years or a massive PDF document that is still written as if President Joe Biden, not Vice President Kamala Harris, is the party’s candidate.”In other words, figuring out what a potential Harris administration foreign policy or Harris Doctrine might look like is no small task. On today’s episode, Lawfare Managing Editor Tyler McBrien sat down with Foreign Policy Columnist Michael Hirsh to try to do just that. They discussed “Preparing for a Less Arrogant America,” Hirsh’s review of the most recent books by Vice President Harris’s top foreign policy advisors, Philip Gordon and Rebecca Lissner, as well as other clues about the shape of a potential Harris administration foreign policy agenda.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Duncan McLaren, Climate Intervention Fellow in Environmental Law and Policy at UCLA, joins Kevin Frazier, a Tarbell Fellow at Lawfare, to discuss geoengineering in light of a recent New York Times article detailing prior efforts to conduct climate interventions, namely the SCoPEx project. This conversation explores the history of geoengineering, different geoengineering techniques, and the opportunity costs associated with further research in the field.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Walt Hickey is the Deputy Editor for Data and Analysis at Insider News, and the author of You Are What You Watch: How Movies and TV Affect Everything. His book explores the power of entertainment to change our beliefs, how we see ourselves, and how nations gain power.He joined Eugenia Lostri, Lawfare's Fellow in Technology Policy and Law, to talk about how we use media to express our societal apprehensions, the ways in which the military, NASA and the CIA collaborate with Hollywood, and the soft power of media productions.Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Isabelle Kerby-McGowan and Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Associate Professor at the University of Minnesota Law School and Lawfare Senior Editor Alan Rozenshtein sits down with Kevin Frazier, Assistant Professor of Law at St. Thomas University College of Law, Co-Director of the Center for Law and AI Risk, and a Tarbell Fellow at Lawfare. They discuss a new paper that Kevin has published as part of Lawfare’s ongoing Digital Social Contract paper series titled “Prioritizing International AI Research, Not Regulations.”Frazier sheds light on the current state of AI regulation, noting that it's still in its early stages and is often under-theorized and under-enforced. He underscores the need for more targeted research to better understand the specific risks associated with AI models. Drawing parallels to risk research in the automobile industry, Frazier also explores the potential role of international institutions in consolidating expertise and establishing legitimacy in AI risk research and regulation.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From October 28, 2022: There's been a lot of discussion about whether Donald Trump should be indicted. Lately, that discussion has focused on the documents the FBI seized from Mar-a-lago or the Jan. 6 committee's revelations about his efforts to overturn the 2020 election. But what about his speech on the ellipse on Jan. 6 when he told a crowd of thousands to “fight like hell,” and they went on to attack the Capitol? Isn't that incitement?Lawfare executive editor Natalie Orpett sat down with Alan Rozenshtein, a senior editor at Lawfare and an associate professor at the University of Minnesota Law School, and Jed Shugerman, a professor at Fordham Law School. Alan and Jed explained the complicated First Amendment jurisprudence protecting political speech, even when it leads to violence, and why they believe that given everything we know now, Trump may in fact be criminally liable. They also reference Alan and Jed’s law review article in Constitutional Commentary, “January 6, Ambiguously Inciting Speech, and the Overt-Acts Solution.”To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From October 30, 2020: Laura Rosenberger is the director of the Alliance for Securing Democracy and a senior fellow at the German Marshall Fund of the United States. She was foreign policy advisor for the Hillary Clinton campaign four years ago, where she had to respond to Russian information operations against the campaign in real time. She has been working on combating foreign interference in U.S. domestic politics ever since, and she is the author of two recent significant articles—one in Foreign Affairs and one on Lawfare—both on the subject of foreign influence operations and interference in U.S. politics. She joined Benjamin Wittes to discuss the strategic purpose of these operations, whether we have to fear more operations during or after the election, and if U.S. voters should have confidence in their system.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From January 8, 2021: The storming of the Capitol on Wednesday was a catastrophic failure of protective law enforcement, as rioters overran Capitol Police barricades and gained access to a building that a lot of police were supposed to be protecting. How did it happen? Who screwed up? And what can be done about it? Benjamin Wittes sat down with Fred Burton, the executive director of the Center for Protective Intelligence at Ontic and a former protective officer; Garrett Graff, a journalist who covers federal law enforcement and who wrote a book about continuity in government; and Lawfare's executive editor Susan Hennessey. They talked about how bad the failure was on the part of the Capitol Police, who is responsible for it, what can be done now to bring the perpetrators to justice and how we should think about changing security protocols on Capitol Hill going forward.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Elliot Jones, a Senior Researcher at the Ada Lovelace Institute, joins Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare, to discuss a report he co-authored on the current state of efforts to test AI systems. The pair break down why evaluations, audits, and related assessments have become a key part of AI regulation. They also analyze why it may take some time for those assessments to be as robust as hoped. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week, Quinta and Scott were joined by Lawfare Managing Editor Tyler "Spicy Tyler" McBrien to talk through the week's big national security news stories, including:“Jack Smith Takes a Mulligan on his Big Swing.” A grand jury has re-indicted former President Trump for his actions relating to the Jan. 6 insurrection, after Special Counsel Jack Smith trimmed and massaged the allegations to accommodate the Supreme Court’s recent ruling on presidential immunity. How different is this indictment? What are the next steps in the trial? And will these new allegations have better odds of surviving Supreme Court review?“An Eye for an Eye Leaves the Whole World in a Bind.” This past week, Israel and Hezbollah traded another vicious round of attacks along Israel’s shared northern border with Lebanon, as part of the long-awaited response to Israel’s targeted killing of Hezbollah leaders a month ago. Now the region is waiting with bated breath to see whether this will be the end of it or the start of a larger war. How significant is the risk of escalation? And what will this mean for, among other things, ongoing ceasefire negotiations in relation to Gaza?“Send Me a Kiss by Wire.” Pavel Durov, the CEO of the Russia-based encrypted messaging platform Telegram—which, in addition to being the platform of choice in much of the world, has become a popular choice among criminals and terrorist groups due to its lack of content moderation—was arrested earlier this week in Paris, and is under questioning in relation to possible criminal charges arising from the criminal use of Telegram. What is motivating this move by French authorities? For object lessons, Quinta recommended "When a Department Self-Destructs," Jennifer Schoenefeld's dramatic account of the in-fighting within Pomona College's English department. Scott threw his endorsement in (alongside the Academy's) for the beautifully mumblecore-ish film "Past Lives." And Tyler urged listeners to check out Tanya Gold's upsetting account of the commercialization of the Holocaust, tellingly entitled "My Auschwitz Vacation."Note: Our discussion of Pavel Durov's arrest in France predated his indictment by French authorities.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This episode of “Trump's Trials and Tribulations,” was recorded on August 28 in front of a live audience on YouTube and Zoom.Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Senior Editors Anna Bower, Quinta Jurecic, and Roger Parloff about Special Counsel Jack Smith’s superseding indictment against former President Trump in the Jan. 6 prosecution, how it differs from the original indictment, and more.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On today’s episode, Vanda Felbab-Brown, Director of the Initiative on Nonstate Armed Actors, Co-Director of the Africa Security Initiative, and Senior Fellow in Foreign Policy at the Brookings Institution joins Lawfare Managing Editor Tyler McBrien to help make sense of the recent skirmishes in northern Mali between the junta, separatist groups, Islamists, and Russian mercenaries. They discuss what the recent ambush in Mali portends for Russian and Russian-aligned mercenaries' activities in Africa and look back at how Moscow has restructured and reframed the Wagner Group in the year since the death of its former head, Yevgeny Prigozhin.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

For more than 40 years, Peter Clement has studied Russian political culture and leaders--serving for most of that time as an analyst, manager, and executive at the CIA before his retirement in 2018. He has PhD in Russian history, teaches at Columbia University, and has thought long and hard about what makes Vladimir Putin tick.He joined David Priess to discuss his road to studying Russia as a career, the art of Kremlinology, Putin's rise, Putin's feelings about Ukraine across the decades, the images of himself Putin projects to the West and within Russia, why FDR would be great to have around right now, and more.Works mentioned in this episode:The book First Person by Vladimir PutinThe essay "On the Historical Unity of Russians and Ukrainians" by Vladimir Putin The article "Putin's Risk Spiral," Foreign Affairs (October 26, 2022), by Peter ClementThe book Present at the Creation by Dean AchesonChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.See acast.com/privacy for privacy and opt-out information.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On today’s episode, Sherri Goodman, the Secretary General of the International Military Council on Climate & Security and the first Deputy Undersecretary of Defense (Environmental Security) joins Lawfare Managing Editor Tyler McBrien to talk about Sherri’s new book, “Threat Multiplier: Climate, Military Leadership, and the Fight for Global Security.”They discuss Sherri’s career in climate security, beginning at the Senate Armed Services Committee before “climate security” entered the lexicon. From there, they trace Sherri’s career educating a generation of military leaders about the nexus between climate change and national security and coining the phrase “threat multiplier,” helping to usher in a paradigm shift at the Pentagon. Sherri addresses skeptics wary of a perceived tradeoff between military readiness and greening the military, as well as others who warn against “securitizing” climate change. Finally, they look ahead, as Sherri lays out her four main pillars of climate action (mitigation and adaptation) and institutional reform (awareness and alliance building).To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Lawfare Fellow in Technology Policy and Law Eugenia Lostri sits down with Esteban Carisimo, a Postdoctoral Researcher at Northwestern University to talk about the digital repression in Venezuela after the recent elections. Carisimo co-authored a recent report on the effects of the Venezuelan crisis on internet infrastructure. They discuss how internet censorship impacts the protests, how Venezuela's infrastructure compares to other countries in the region, and what the path to recovery looks like.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From April 26, 2023: If someone lies about you, you can usually sue them for defamation. But what if that someone is ChatGPT? Already in Australia, the mayor of a town outside Melbourne has threatened to sue OpenAI because ChatGPT falsely named him a guilty party in a bribery scandal. Could that happen in America? Does our libel law allow that? What does it even mean for a large language model to act with "malice"? Does the First Amendment put any limits on the ability to hold these models, and the companies that make them, accountable for false statements they make? And what's the best way to deal with this problem: private lawsuits or government regulation?On this episode of Arbiters of Truth, our series on the information ecosystem, Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare, discussed these questions with First Amendment expert Eugene Volokh, Professor of Law at UCLA and the author of a draft paper entitled "Large Libel Models.”Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From November 1, 2022: In recent weeks, the Biden administration has released a trio of long-awaited strategy documents, including the National Security Strategy, the National Defense Strategy, and the Nuclear Posture Review. But how should we read these documents, and what do they actually tell us about how the Biden administration intends to approach the world?To answer these questions, Lawfare senior editor Scott R. Anderson sat down with Richard Fontaine, chief executive officer of the Center for a New American Security, who is himself also a former National Security Council official and senior congressional adviser. They discussed the role these strategy documents play in U.S. foreign policy, what we can learn from them, and what they say about the state of the world and the United States’ role in it.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Richard Albert, William Stamps Farish Professor in Law, Professor of Government, and Director of Constitutional Studies at the University of Texas at Austin, joins Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare, to conduct a comparative analysis of what helps constitutions withstand political pressures. Richard’s extensive study of different means to amend constitutions shapes their conversation about whether the U.S. Constitution has become too rigid.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week, Alan and Quinta sat down with Molly Reynolds and Kevin Frazier to talk about the week’s big developments, including:“It can always get worse…” Although President Biden’s replacement by Vice President Kamala Harris at the top of the Democratic ticket has reenergized the Democrats’ bid to retain the White House, the race is still a tossup, and former President Trump could well reenter the White House in 2025. Have we successfully “Trump-proofed” the government in anticipation? “Run DNC.” The Democratic National Convention is taking place this week in Chicago, and it’s a striking contrast to last month’s Republican convention. That event was largely a celebration of one person, Donald Trump. By contrast, the DNC is as much about the party as it is about its nominee, Kamala Harris. What does it say about the relative strengths of America’s two parties and what that means for the future of American democracy?“Making the Three Laws of Robotics Actual Laws?” California’s SB 1047, the controversial AI safety law, is set to pass the legislature this month and head to Governor Gavin Newsom’s desk for his signature or veto. Many in the AI industry, as well as even some members of California’s own congressional delegation, oppose the bill on the grounds that it will harm innovation. Others, on the other side, worry that the bill doesn’t do enough to protect against AI harms. What’s actually in the bill, and what would its passage mean for the future of AI?For object lessons, Alan introduced us to his favorite flower. Kevin recommended the classic John Steinbeck novel “East of Eden,” while Quinta has been listening to a podcast about sex testing in elite track and field. And fresh off the appearance by Golden State Warriors coach Steve Kerr at the DNC, Molly dusted off this 2016 NYT Magazine profile of Kerr for those interested.Additional Links:Quinta’s Atlantic article on the failure to Trump-proof the governmentMolly and Quinta’s article on the limitations of the Jan. 6 Committee as a model for future investigative effortsPromotion: Use code RATIONALSECURITY at the link here to get an exclusive 60% off an annual Incogni plan: https://incogni.com/rationalsecurity.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Anastasiia Lapatina is a Kyiv-based Ukraine Fellow at Lawfare. Leopoldo Lopez is a Venezuelan opposition leader living in exile in Madrid, after escaping prison for leading protests against Nicolás Maduro in 2014.Lapatina and Lopez discuss the results of Venezuela’s recent presidential election, ties between Venezuela’s autocrat Nicolás Maduro and other dictatorships, and the path forward for Venezuela after the rigged election.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The fallout from the SolarWinds intrusion took a new turn with the U.S. Securities and Exchange Commission’s (SEC) decision to file a cybersecurity-related enforcement action against the SolarWinds corporation and its Chief Information Security Officer (CISO), Timothy G. Brown, in October of 2023. But In July, District Court Judge Paul A. Engelmayer dismissed a number of charges in the SEC’s complaint against SolarWinds and Brown. To talk about this significant development in the case, Stephanie Pell, Lawfare Senior Editor and Brookings Fellow, sat down with Shoba Pillay, a partner at Jenner & Block and a former federal prosecutor, and Jennifer Lee, also a partner at Jenner & Block and a former Assistant Director in the SEC’s Division of Enforcement. They discussed the court’s rationale for allowing some charges to stand, while dismissing others, what stood out most in the dismissal of the case, and how this case may shape the SEC’s cybersecurity enforcement actions in the future.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It’s January 6, 2025. Congress has convened to certify electoral votes in the presidential election. But members of the U.S. military are in revolt, throwing their support behind the losing candidate. The legitimate president huddles in the Situation Room with his top advisers and Cabinet. They have six hours to prevent violent protests from exploding into civil war. That’s the dire scenario imagined in the new documentary “War Game.” Real-world experts--including former elected officials and retired military officers--play the roles of government decision-makers. Over the course of the game, they are surprised with new and increasingly perilous complications, from the spread of online propaganda to a renegade general who exhorts military service members to take up arms against their commander-in-chief. All the while, they grapple with whether the president should invoke the Insurrection Act, a fateful decision that risks undermining the government’s legitimacy at the very moment the president is trying to preserve it. Shane Harris spoke with the film’s producer and co-director, Jesse Moss, about what inspired him to make this real-life thriller and what it tells us about the state of the union as we head into the home stretch of an election. Articles, organizations, and television shows discussed in this episode include: The Washington Post op-ed that inspired the war game: https://www.washingtonpost.com/opinions/2021/12/17/eaton-taguba-anderson-generals-military/ Vet Voice Foundation: https://vvfnd.org/campaigns/war-game-film/ Trailer for the film: https://wargamefilm.com/  “The Bureau”: https://www.imdb.com/title/tt4063800/ More about Moss and his work: https://www.jessemoss.com/Jesse-Moss-1 Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

For today’s episode, Lawfare Senior Editor Scott R. Anderson and Lawfare Contributing Editor Brandon Van Grack sat down with Assistant Secretary of the Treasury for Investment Security Paul Rosen to talk through the groundbreaking new national security-related outbound investment regulations his office is preparing at the direction of President Biden. Together, they discussed what concerns motivated the new regulations’ focus on China and emerging technologies, what exactly they restrict, and how U.S. investors should be preparing to navigate them. They also touched on some recent news regarding Committee on Foreign Investment in the United States (CFIUS) enforcement actions and regulations, another issue set within Rosen’s portfolio. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

As part of Lawfare’s Security by Design Project, Eugenia Lostri, Lawfare’s Fellow in Technology Policy and Law, and Justin Sherman, CEO of Global Cyber Strategies, published a new paper, “Security by Design in Practice: Assessing Concepts, Definitions and Approaches.” Lawfare Senior Editor Stephanie Pell talked with Eugenia and Justin about the paper’s exploration of the meaning of security by design, scalability solutions and processes for implementing security by design principles across an organization, and the need to engender a corporate culture that values security.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From August 2, 2023: Over the past eighteen months, Ukraine has served as the stage for a proxy battle between superpowers, with the invading Russians on one side and a U.S.-led coalition of Western allies backing Ukraine on the other. As such, it’s the closest thing we’ve yet seen to what many military strategists believe will be the defining challenge of the next strategic era: a near-peer conflict between two or more technologically sophisticated major powers. In this way, the conflict has served as a canary in the coal mine for new military trends, tactics, and technologies that may soon be brought to bear against the West (or by it). Last month, Shashank Joshi, the Defence Editor for The Economist, published a special report in The Economist outlining what lessons military leaders in the West are taking away from the Ukraine conflict as they prepare their own militaries for their next fight. He sat down with Lawfare Senior Editor Scott R. Anderson to talk over his findings and what Ukraine can tell us about the future of war. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This episode of “Trump's Trials and Tribulations,” was recorded on August 15 in front of a live audience on YouTube and Zoom.Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Legal Correspondent and Legal Fellow Anna Bower and Lawfare Senior Editor Roger Parloff about Judge Chutkan’s order granting Jack Smith’s motion for an extension of time, briefs filed in Trump’s appeal to disqualify DA Fani Willis from the Fulton County case, and took audience questions from Lawfare material supporters.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

French politics has had quite a summer. In early June, the French far-right made substantial gains in the European Union Parliament. The same day the results came down, French President Emmanuel Macron called snap elections, saying that the rise of nationalists and demagogues was a danger to France and Europe. It was a shocking and risky move. In the first round of elections, the far-right came in first, but after the second round, they were in third. Much of the media moved on after reporting on this story as a triumph over anti-democratic forces. But that narrative misses some important realities about French politics and what it will mean for France, for Europe, for NATO, and for France's standing on the world stage. Executive Editor Natalie Orpett sat down with Tara Varma, a Visiting Fellow at the Brookings Institution and a close observer of French politics, to talk through it all.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week, the whole gang—Alan, Quinta, and Scott—got back together to discuss the week's big national security news, including:“In Post-Soviet Russia, Ukraine Invade You!” In an ironic reversal, Ukraine invaded Russia this past week, seizing substantial portions of the oblast of Kursk and surprising both Russian forces and Ukrainian allies in what appears to be its most successful military venture in more than a year. Why did Ukraine take this step? What will it mean in the longer arc of this war?“The X is for Extremism.” Since the tragic murder of three young girls earlier this month, the United Kingdom has been struck by violent riots, the perpetrators of which appear to believe (incorrectly) that the attacker in question was a Syrian asylum seeker, in substantial part due to far-right disinformation being spread by social media, including by X owner Elon Musk. What do these events tell us about the effects of disinformation and their intersection with political violence?“But Our Emails!” The Trump campaign has apparently been hacked, with internal correspondence—including a lengthy vetting paper on vice presidential candidate J.D. Vance—being leaked to reporters. The campaign has blamed Iran, but without any apparent substantiation. Is this a real possibility? Or is it another example of the disinformation—regarding crowd sizes, Kamala Harris’s background, and other topics—that has become a prominent part of the campaign’s messaging?Promotion: Use code RATIONALSECURITY at the link here to get an exclusive 60% off an annual Incogni plan: https://incogni.com/rationalsecurity.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Chris Hoofnagle, Visiting Senior Research Fellow at King’s College and Professor of Law in Residence at the UC Berkeley School of Law, joins Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare, and Eugenia Lostri, Lawfare's Fellow in Technology Policy and Law, to discuss ALL things cybersecurity—its theory, history, and future. Much of their conversation turns on themes expressed in Hoofnagle’s textbook, “Cybersecurity in Context,” that he co-authored with Golden G. Richard III. The trio also explore related concepts such as the need for an interdisciplinary approach to teaching and studying cybersecurity.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Over the past week, Ukrainian forces have launched a major incursion into Russia proper, occupying 1,000 square kilometers in Kursk Oblast, which borders Ukraine. The operation, which caught both Russia and the United States by surprise, is the first major Ukrainian offensive in more than a year. In this episode, Lawfare Editor-in-Chief Benjamin Wittes sits down with Lawfare's Ukraine Fellow Anastasiia Lapatina and Eric Ciaramella of the Carnegie Endowment for International Peace to discuss the operation. What do we know amidst the Ukrainian media blackout? What is Ukraine trying to achieve militarily? How will the Kursk operation affect the other fronts in the ongoing war, in which Russia has been on the offensive? And what are the political implications of Ukraine occupying Russian territory?You can watch this episode on YouTube here.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Gina Bennett had a remarkable intelligence career of more than three decades, focusing on counterterrorism even before the first World Trade Center bombing in 1993 and continuing to apply that expertise long after 9/11. She has written a book about how national security and parenting lessons reinforce each other, taught students at Georgetown University, and mentored women entering national security careers.She joined David Priess to talk about her path into and through the intelligence community, the evolution of counterterrorism analysis since the late 1980s, motherhood and work pressures, the value of teaching, how security studies ignores lessons from more than 99 percent of human history, why a hunter-gatherer perspective illuminates security challenges better than traditional views, the limits of bumper sticker takeaways from 9/11 like "failure of imagination" and "didn't connect the dots," and more.Works mentioned in this episode:The book National Security Mom by Gina BennettThe TV miniseries Catch me a Killer The article "Of Lice and Men: America Needs to Rethink Its National Security Paradigm," Georgetown Security Studies Review (February 2024), by Gina BennettChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.See acast.com/privacy for privacy and opt-out information.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Lawfare Editor-in-Chief Benjamin Wittes sits down with MSNBC talk show host Rachel Maddow, creator of the new podcast series, Rachel Maddow Presents: Ultra, Season II. They discuss the ideological aftermath of World War II on the American far right, the rise of Sen. Joe McCarthy, and the rhetorically incredible cast of characters around him. Why do we remember McCarthy merely as a fierce anticommunist demagogue and not as a neo-Nazi?To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Lawfare Editor-in-Chief Benjamin Wittes sits down with Katie Moussouris of Luta Security to talk bug bounties. Where do they come from? What is their proper role in cybersecurity? What are they good for, and most importantly, what are they not good for? Moussouris was among the hackers who first did bug bounties at scale—for Microsoft, and then for the Pentagon. Now she helps companies set up bug bounty programs and is dismayed by how they are being used.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This episode of “Trump's Trials and Tribulations,” was recorded on August 8 in front of a live audience on YouTube and Zoom.Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Legal Correspondent and Legal Fellow Anna Bower and Lawfare Senior Editor Roger Parloff about what Judge Chutkan has been up to in D.C., state-level prosecutions of fake electors, and took audience questions from Lawfare material supporters.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From April 24, 2023: Evan Gershkovich has been in Russian detention for the last several weeks. He is a reporter for the Wall Street Journal, and he’s the latest American taken hostage by the Vladimir Putin regime. His good friend Polina Ivanova is a reporter for the Financial Times, a colleague of Evan’s in Russia, and has been an outspoken advocate for his release. She joined Lawfare Editor-in-Chief Benjamin Wittes from Berlin to talk about Evan: who he is, why he has been detained by the Russians, what we know about his conditions in prison, and what it will take to get him home. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On today's episode, Lawfare's Fellow in Technology Policy and Law Eugenia Lostri speaks with Senior Privacy Engineer at Netflix and former Army Reserve intelligence officer, Lukas Bundonis. They talked about the relationship between law enforcement and tech companies, what that relationship looks like in the U.S. and other countries, and the different ways in which that communication can be politicized.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week, Alan, Quinta, and Scott were joined by co-host emeritus Benjamin Wittes to talk through the week's very big national security news stories, including:“The Waiting Game.” The Middle East is on edge this week as it awaits a possible attack by Iran or Hezbollah on Israel in response to the suspected assassination of senior Hezbollah and Hamas leaders last week, including the chairman of Hamas’s political bureau, Ismail Haniyeh, who was killed while visiting Tehran for the swearing in of its new president, Masoud Pezeshkian. What might a response look like, if there is one? And what does it mean for the region, including the prospects of a Gaza ceasefire?“Stay Weird, Austin.” Just days after the announcement of a long-negotiated plea deal for three of the four remaining defendants in the military commission trial relating to the 9/11 attacks, Secretary of Defense Lloyd Austin took the surprising and still largely unexplained move of intervening to rescind that deal and remove the convening authority that had approved it. What can explain Austin’s actions? What will they mean for the future of the military commissions?“A Favorable Exchange Rate.” In a surprise move, the Biden administration and several European allies concluded a massive prisoner exchange with Russia, which resulted in the release of 16 detained U.S. and European nationals and Russian dissidents, among them Wall Street Journal reporter Evan Gershkovich and former U.S. Marine Paul Whelan. In exchange, Russia received eight Russian agents, including convicted assassin Vadim Krasikov. Is this a win for the Biden administration? What does it tell us about the state of hostage politics—and its future?For object lessons, Alan expressed his new passion for pottery. Quinta endorsed synchronized/artistic swimming as her favorite Olympic event, thanks in part to a surprise cameo from Jason Momoa. Scott recommended the movie Thelma for a funny and compassionate take on aging. And Ben shared how a recent near-death experience led him to dump chalk dust outside the Russian Embassy.Promotion: Use code RATIONALSECURITY at the link here to get an exclusive 60% off an annual Incogni plan: https://incogni.com/rationalsecurity.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Last week, three defendants in the 9/11 case at Guantanamo agreed to plead guilty in the military commissions. Two days later, the Secretary of Defense pulled out of the agreements. What happened?Lawfare Executive Editor Natalie Orpett sat down with General John Baker, who served as the Chief Defense Counsel of the Guantanamo Military Commissions until 2021. They talked about how the 9/11 case got to plea agreements after more than a decade of litigation, why Secretary Austin scuttled them, and what it all portends for the future of this case—and the military commissions more broadly.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On today's episode, Lawfare Contributing Editor Justin Sherman speaks with Arun G. Rao, the Deputy Assistant Attorney General for the Civil Division's Consumer Protection Branch at the Department of Justice. They discuss DOJ’s consumer protection work, cyber crime and elder fraud, data privacy, and generative AI. You can find out more about Rao’s work at DOJ below: DOJ-Cerebral case DOJ Elder Justice InitiativeNational Elder Fraud Hotline To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On this week’s show, Lawfare’s Editor in Chief Benjamin Wittes sits down with longtime Democratic lawyer Bob Bauer to discuss his mémoire of political lawyering, “The Unraveling Reflections on Politics Without Ethics and Democracy in Crisis.” Bauer, a longtime Lawfare contributing editor, discusses his career as a litigating street fighter on behalf of Democratic Party causes and some of the regrets he has about party lawyering in an era of rising polarization.Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Noam Os and of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.See acast.com/privacy for privacy and opt-out information.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

A new film from Al Jazeera’s Fault Lines series called “The Night Won’t End” profiles three Palestinian families as they try to survive the war in Gaza.On today’s episode, Lawfare Managing Editor Tyler McBrien speaks to the documentary’s director, Kavitha Chekuru, along with a few of the journalists and researchers who came together to work on the project, including Emily Tripp, Director at Airwars; Samaneh Moafi, Assistant Director of Research at Forensic Architecture; and Lawrence Abu Hamdan, Founder and Director of investigations at Earshot.They discuss the three families at the center of this story, other investigations into the killings of civilians by the Israeli military in Gaza, and the role of the United States in the war since Oct. 7.Please note that this episode contains content that some people may find disturbing, including depictions of war and violence against children. Listener discretion is advised.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Scott Wiener, California State Senator, joins Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare, to explore his “Safe and Secure Innovation for Frontier Artificial Intelligence Models” bill, also known as SB 1047. The bill has become a flashpoint in several larger AI debates: AI safety v. AI security, federal regulation or state regulation, model or end-user governance. Senator Wiener and Kevin analyze these topics and forthcoming hurdles to SB 1047 becoming law.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From July 7, 2021: The United States Secret Service has many important missions, the most public of which is protecting the president of the United States. And in this mission, its motto is "Zero Fail." There is no window for them to let their guard down when it comes to protecting the commander-in-chief.And yet, the past several decades of the Secret Service's protection have seen gaps, mistakes and exposures of some fundamental problems within the Secret Service itself. Carol Leonnig is a Pulitzer Prize-winning national investigative reporter at the Washington Post known for her reporting on the Secret Service, as well as the Trump presidency and many other topics. She is also the author of the new book, "Zero Fail: The Rise and Fall of the Secret Service." She sat down with David Priess to talk about the United States Secret Service, its mission, its challenges and potential reforms to get over some of its most fundamental flaws.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This episode of “Trump's Trials and Tribulations,” was recorded on August 1 in front of a live audience on YouTube and Zoom.Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Legal Correspondent and Legal Fellow Anna Bower and Lawfare Senior Editor Roger Parloff about Mark Meadows’ petition for a writ of certiorari in his attempt to remove his Fulton County election interference case to federal court, the briefing schedule in the government’s appeal of Judge Cannon’s order dismissing the classified documents case, and took audience questions from Lawfare material supporters.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On Thursday, Russia released 16 prisoners in exchange for eight prisoners held in Western countries, including the United States. The prisoners released by the Putin regime included several Americans, most notably Evan Gershkovich of the Wall Street Journal and two other journalists, and long-time prisoner Paul Whelan. Shane Harris of the Washington Post, who covered the story, and Lawfare's Fellow in Technology Policy and Law Eugenia Lostri, joined Lawfare Editor-in-Chief Benjamin Wittes to discuss the exchange: what the United States got from Russia, what Russia got from Germany and other Western countries, and the personal involvement of President Biden in setting up the trade.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week, Alan and Quinta were joined by Kevin Frazier to talk through some of the week’s biggest national security news, including:“KOSA Nostra.” An overwhelming majority of senators voted to pass the Kids Online Safety Act, also known as KOSA—a bipartisan piece of legislation that would impose new responsibilities on online platforms in looking after their underage users. Despite the 91-3 vote in the Senate, KOSA has faced strong opposition from a number of civil rights and internet freedom groups, and its path ahead in the House remains uncertain. What’s next for the bill, and what does its success so far say about the state of tech policy in the U.S.?“Herding Llamas.” The company formerly known as Facebook announced the release of a new AI large language model, Llama 3.1. Meta described the model as “open-source”—but is it responsible to release such a powerful model that way? And what does this mean for the AI arms race in Silicon Valley?“Keeping the Nine in Line.” Fresh on the heels of the Supreme Court’s ruling granting presidents broad immunity from criminal prosecution, President Biden announced his support for a slate of reforms aimed squarely at the Court: a constitutional amendment ruling out presidential immunity, along with 18-year term limits and a binding code of conduct for Supreme Court justices. But any of these proposals would face a difficult road toward implementation. What is the White House’s aim here?For object lessons, Alan suggested that listeners might enjoy homemade cucumber agua fresca as a cooling summer beverage. Kevin is enjoying a new song by Kelsea Ballerini and Noah Kahan. And Quinta recommended the movie I Saw the TV Glow.Promotion: Use code RATIONALSECURITY at the link here to get an exclusive 60% off an annual Incogni plan: https://incogni.com/rationalsecurity.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Anastasiia Lapatina is a Kyiv-based Ukraine Fellow at Lawfare. Marcel Plichta is a Fellow at the Centre for Global Law and Governance at the University of St. Andrews, and a former analyst at the U.S. Department of Defense who currently works as an instructor at the Grey Dynamics Intelligence School.For this episode, Lapatina sat down with Plichta to discuss Ukraine’s ongoing drone campaign against Russia, Ukraine’s choice of targets deep inside Russian territory, and the future of drone warfare around the world.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

For this episode, Lawfare General Counsel and Senior Editor Scott R. Anderson sat down with Council on Foreign Relations Senior Fellow Steven Cook to discuss his new book, “The End of Ambition: America’s Past, Present, and Future in the Middle East.” Together, they examined the United States’ long history in the Middle East, how it successfully (and unsuccessfully) pursued its interests there, and what should come next after the failed transformations of the post-9/11 era. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

At the start of every presidential administration, the nominees for more than 1,000 civilian positions require Senate confirmation. A large number of those are in the Department of Defense, with confirmation responsibility going to the Senate Armed Services Committee (SASC). And whether it's a new administration or not, the committee processes dozens of civilian nominations for typical turnover reasons and thousands of military promotions as part of regular order.Arnold Punaro, author of the new book If Confirmed, knows the Senate confirmation process as well as or better than anyone alive. For half a century, he has been central to the confirmation process for military-related nominees--including more than two decades in the US Senate (as SASC Staff Director and in other roles) and more than 25 years since then as an official or unofficial confirmation adviser for the Executive Branch. He joined David Priess to talk about the Constitutional foundations of confirmation, the overall process as it has evolved from nomination through confirmation to appointment, recess appointments and their limits, the Federal Vacancies Reform Act and its quirks, how a presumption of confirmation can get nominees in trouble, why senatorial holds on nominees are getting out of control, which aspects of the confirmation process need to change, and more.Works mentioned in this episode:The book If Confirmed by Arnold PunaroChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.See acast.com/privacy for privacy and opt-out information.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Ryan Calo, Professor of Law at the University of Washington, joins Kevin Frazier, Assistant Professor at St. Thomas College of Law and a Tarbell Fellow at Lawfare, to discuss how advances in AI are undermining already insufficient privacy protections. The two dive into Calo's recent testimony before the Senate Committee on Commerce, Science, and Transportation. Their conversation also covers the novel privacy issues presented by AI and the merits of different regulatory strategies at both the state and federal level.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Lawfare Executive Editor Natalie Orpett sat down with Editor-in-Chief Benjamin Wittes and Legal Fellow Anna Bower to discuss their recent Lawfare article, “What’s Going On in Footnote 3?” The article looks at a very specific issue buried in the Supreme Court's recent decision in Trump v. United States, or “the presidential immunity case”: what evidence the prosecution can use—and what it can't—to prove its case. Natalie, Ben, and Anna talked about what footnote 3 says, the many questions it raises, and what it all means for the future of Special Counsel Jack Smith's Jan. 6 case against Donald Trump. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From July 1, 2020: As the United States continues to suffer from the effects of the coronavirus, the controversy surrounding China's alleged role in the pandemic has continued to grow. In recent weeks, it has even entered the U.S. courts, as private plaintiffs have brought claims against the Chinese government and related institutions for allegedly contributing to the spread of the virus. Meanwhile, members of Congress have introduced legislation aimed at making such litigation even easier to pursue, specifically by stripping away the sovereign immunity protections that normally protect foreign states from such claims. But can these efforts really provide Americans with needed relief, or are they just a dangerous distraction from the real issues with the United States's own coronavirus response? To discuss these issues, Scott R. Anderson spoke with Chimène Keitner, the Alfred and Hanna Fromm Professor of International Law at the University of California Hastings School of Law, and Robert Williams, executive director of the Paul Tsai China Center at the Yale Law School.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From February 15, 2014: Last November, the University of Richmond invited Ben and Conor Friedersdorf to participate in a debate on the ethics of drone warfare. Conor is a familiar voice in the anti-drone camp, as those who have come across his articles in The Atlantic well know. Ritika Singh edited the podcast version of the debate for length and got rid of the introductions and audience questions. It thus proceeds as four speeches: Ben and Conor each give opening remarks, in that order, and then each responds to the other. While the back-and-forth touched on the legal issues behind targeted killing, it was really about the many ethical implications, both positive and negative, of U.S. drone policy. These range from the precedent the United States sets in the international community, to the psychological effects of drones on civilians. In a discussion that can often focus on the big issues of civilian casualties, oversight, legality, and sovereignty, these other questions can get lost in the foray. But as Al Qaeda continues to morph and the United States struggles to define the boundaries of the war it has been fighting, they are more important than ever.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Cullen O’Keefe, Research Director at the Institute for Law and AI, joins Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare, to discuss a novel AI governance framework. The two analyze Cullen’s recent Lawfare essay in which he details how regulation of AI supply chains by the U.S. and its allies could promote the safe development of AI. Their conversation also explores the feasibility of this and related governance proposals amid geopolitical turbulence and congressional stagnation. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week, Alan and Scott sat down with Lawfare Senior Fellow Molly Reynolds and Fellow in Technology Policy and Law Eugenia Lostri to talk through another week of big national security news, including:“Bye Biden.” President Biden made the historic decision to withdraw from the 2024 presidential race over the weekend. He swiftly endorsed his Vice President Kamala Harris, who now appears poised to become the Democratic candidate at the party’s convention next month. How might Harris be different from Biden, both as a candidate and as a president? And what will the change mean for the 2024 race?“The CrowdStrikes Back.” Countless businesses around the world found their Windows computers disabled this past week, due to a faulty update pushed out by the prominent cybersecurity firm CrowdStrike. The consequences continue to ripple out, including waves of canceled and rescheduled flights at numerous major airlines. What can this incident teach us about the security of our computer infrastructure? And are there ways to avoid similar incidents in the future?“Netanya-who?” Israeli Prime Minister Benjamin Netanyahu is scheduled to give his long-awaited speech to Congress later today. But the normally high-profile event has been overshadowed by recent news relating to the 2024 presidential race, potentially mitigating some of its intended effect. What should we expect from Bibi’s speech? And how will it impact progress towards a ceasefire in Gaza—and U.S.-Israeli relations more broadly?Promotion: Use code RATIONALSECURITY at the link here to get an exclusive 60% off an annual Incogni plan: https://incogni.com/rationalsecurity.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In the runup to Jan. 6, lies and falsehoods about the supposed theft of the 2020 election ran wild on Twitter. Following the insurrection, the company took action—abruptly banning 70,000 users who had promoted misinformation on the platform. But was this mass deplatforming actually effective in reducing the spread of untruths?According to a paper recently published in Nature, the answer is yes. Two of the authors, David Lazer of Northeastern University and Kevin Esterling of the University of California, Riverside, joined Lawfare Senior Editor Quinta Jurecic to discuss their findings—and ponder what this means about the influence and responsibility of social media platforms in shaping political discourse.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Alissa Starzak, head of public policy at Cloudflare, joins Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare, to discuss the promises and perils of AI in the cybersecurity context. Frazier, who interned with Cloudflare while in law school, and Starzak cover the novel threats posed by AI to the integrity of the Internet. The two also discuss privacy laws, AI governance, and recent Supreme Court decisions.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week, we’re at the Aspen Security Forum, the annual gathering of national security and foreign policy heavyweights. The conference regularly draws senior government and military officials from the United States and around the world to chew over the big issues of the day, and this time we had a full plate. It’s not exactly hardship duty escaping to a glamorous mountain paradise. But the real world hardly felt far away. Questions linger about the November elections and the security failure that led to the assassination attempt on Donald Trump while two wars grind on with no clear sign of stopping. Shane Harris sat down with his colleagues Courtney Kube of NBC News and Gordon Lubold of The Wall Street Journal to talk about the highlights of the conference and what people discussed on the sidelines, where the real action often happens.Watch recordings of the security forum panels. https://www.aspensecurityforum.org/ Read more from our guests. Courtney Kube: https://www.nbcnews.com/author/courtney-kube-ncpn3621 Gordon Lubold: https://www.wsj.com/news/author/gordon-lubold Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Noam Osband of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Alan Rozenshtein, Associate Professor at the University of Minnesota Law School and Senior Editor at Lawfare, and Matt Perault, the Director of the Center on Technology Policy at the University of North Carolina at Chapel Hill, sat down with Alexander Macgillivray, known to all as "amac," who was the former Principle Deputy Chief Technology Officer of the United States in the Biden Administration and General Counsel at Twitter.amac recently wrote a piece for Lawfare about making AI policy in a world of technological uncertainty, and Matt and Alan talked to him about how to do just that.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Over the last two weeks, the Russians have bombed a children’s hospital in Kyiv, Hungarian leader Viktor Orbán has been on an international peace mission, the NATO summit has taken place in Washington, and Ukrainian forces have continued to struggle to hold territory. To go over a busy few weeks, Lawfare Editor-in-Chief Benjamin Wittes sat down with Anastasiia Lapatina, Lawfare’s Kyiv fellow, and Eric Ciaramella of the Carnegie Endowment for International Peace.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From April 14, 2020: Nobody has been more aggressive about using the coronavirus crisis to seize power than Hungarian strong man Viktor Orbán. Orbán declared a state of emergency and has been ruling by decree. He has also instigated criminal penalties for spreading false information about the coronavirus, and his Fidesz party has effectively dissolved Parliament. Joining Benjamin Wittes to discuss the decline of Hungarian democracy is András Pap, a Hungarian scholar of constitutional law and a professor at Central European University's nationalist studies program in Budapest, and Anne Applebaum, essayist, author, and scholar of Eastern Europe, nationalism and the former Soviet Union. They talked about whether Orbán's seizure of power is as big a deal as it initially appears, about where Orbán stands in the pantheon of right wing populists worldwide, and about what, if anything, the European Union is likely to do about it.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This episode of “Trump's Trials and Tribulations,” was recorded on July 18 in front of a live audience on YouTube and Zoom.Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Legal Correspondent and Legal Fellow Anna Bower and Lawfare Senior Editor Roger Parloff about Judge Cannon’s order dismissing the classified documents case against Trump, Trump’s motion to vacate the New York conviction, and took audience questions from Lawfare material supporters.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Rebecca Crootof, Professor of Law at the University of Richmond School of Law and the inaugural ELSI Visiting Scholar at DARPA, joins Kevin Frazier, a Tarbell Fellow at Lawfare, to discuss the weaponization of emerging technologies and her role as the inaugural ELSI Visiting Scholar at DARPA. This conversation explores the possibility of an AI arms race, the value of multidisciplinarity within research institutions, and means to establish guardrails around novel uses of technology.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week Alan, Quinta, and Scott were joined by Lawfare Executive Editor Natalie Orpett to talk through one of the most eventful weeks in national security news in recent history, including:“Too Close for Comfort.” Former President Trump narrowly avoided an assassination attempt this past weekend that ultimately left one rally-goer dead and two others critically wounded. While Trump and President Biden both made calls for national unity, several of Trump’s close allies were quick to blame the Biden administration’s rhetoric painting Trump as a threat to democracy. What will this historic event mean for the 2024 election—and for the rise in political violence and related rhetoric that’s preceded it?“Cannon Fodder.” After months of glacial judicial proceedings, federal District Court Judge Aileen Cannon finally did what many of her critics had long expected and dismissed the special counsel’s criminal case against former President Trump, based in large part on an aggressive reading of the Appointments Clause and narrow reading of the legislation allowing for the special counsel’s appointment. How credible is her holding? And what will it mean for the future of the trial?“Hillbilly Pedigree.” Former President Trump opened the Republican Party’s national convention this week by announcing his new pick for Vice President: J.D. Vance, the first-term senator from Ohio, author of “Hillbilly Elegy,” and a one-time critic of Trump who has since become one of his most aggressive ideological allies, going even further than Trump on issues ranging from economic populism to opposition to U.S. support for Ukraine. What does his nomination mean for the race, for the Republican Party, and for the future of national security policy? For object lessons, Alan shared how he rediscovered his love of video games. Quinta brought us another update from the Garden State, regarding the conviction of its senior senator. Scott shared a great story from political history, about the origins of the weird relationship between Richard Nixon and NBA star Wilt Chamberlain. And Natalie endorsed her latest TV indulgence: the HBO show Hacks.Promotion: Use code RATIONALSECURITY at the link here to get an exclusive 60% off an annual Incogni plan: https://incogni.com/rationalsecurity.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On today’s episode, Matt Gluck, Research Fellow at Lawfare, spoke with Michael Beckley, Associate Professor of Political Science at Tufts, and Arne Westad, the Elihu Professor of History at Yale.They discussed Beckley’s and Westad’s articles in Foreign Affairs on the best path forward for the U.S.-China strategic relationship—in the economic and military contexts. Beckley argues that in the short term, the U.S. should focus on winning its security competition with China, rather than significant engagement, to prevent conflict. Westad compares the current moment to the period preceding World War I. He cautions that the U.S. and China should maintain strategic communication and avoid an overly narrow focus on competition to stave off large-scale conflict.They broke down the authors’ arguments and where they agree and disagree. Does U.S. engagement lower the temperature in the relationship? Will entrenched economic interests move the countries closer to conflict? How can the U.S. credibly deter China from invading Taiwan without provoking Beijing?To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Eugenia Lostri, Lawfare's Fellow in Technology Policy and Law, talks with with Lennart Maschmeyer, Senior Researcher at the Center for Security Studies at ETH Zurich, about his new book, “Subversion: From Covert Operations to Cyber Conflict.” The book explores how subversion works and what its strategic value is, and how technological change alters its reach and quality. They talked about the promise of subversion as an instrument of power, the tradeoffs required for covert operations, and how current doctrine should consider cyber capabilities.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The Star Wars universe gets a lot of attention for its lightsabers, space battles, and witty droids. But over the decades, a rich lore has developed around its history and politics. Dr. Chris Kempshall researches and writes at the intersection of real-world history, with a focus on the First World War, and the Star Wars universe. His books include The History and Politics of Star Wars, which analyzes various aspects of Star Wars compared to our world, and Star Wars: The Rise and Fall of the Galactic Empire, an examination of the Empire from the perspective of an in-universe historian. Chris joined David Priess to discuss World War I-themed video games, how Star Wars creator George Lucas used history, how to get one's hands around the ever-expanded lore of Star Wars, why the movie sequels differed from published books about the aftermath of the Empire's fall, the structure and operations of the Empire, the problematic politics of the Republic, the treatment of non-human species and droids in Star Wars canonical works, controversy over the redemption of Anakin Skywalker, fan theories about the extent of Emperor Palpatine's manipulation of events and about the evidence that Jar Jar Binks was a Sith, and much more.Works mentioned in this episode:The Star Wars canon, across all mediaWorks in Star Wars Legends (formerly the Star Wars Expanded Universe)The Chatter episode National Security Insights from Board Games, with Volko RuhnkeThe book British, French and American Relations on the Western Front, 1914-1918 by Chris KempshallThe book The First World War in Computer Games by Chris KempshallThe book The History and Politics of Star Wars by Chris KempshallThe book Star Wars: The Rise and Fall of the Galactic Empire by Chris KempshallThe Sharpe Series of books by Bernard CornwellChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.See acast.com/privacy for privacy and opt-out information.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On July 15, Judge Cannon granted former President Trump’s motion to dismiss the indictment brought by Special Counsel Jack Smith for the alleged mishandling of classified documents. She found that Smith was appointed as a special counsel in violation of the Appointments Clause of the Constitution.In a live podcast recording, Lawfare Editor-in-Chief Benjamin Wittes talked to Lawfare Executive Editor Natalie Orpett, Legal Fellow and Courts Correspondent Anna Bower, Senior Editors Alan Rozenshtein and Quinta Jurecic, and Columbia Law professor Michel Paradis about Judge Cannon's decision, what Special Counsel Jack Smith may do next, how the Eleventh Circuit may rule on an appeal, how Justice Thomas’s immunity concurrence plays a role, and more.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Mary Ellen Callahan, Department of Homeland Security Assistant Secretary, joins Kevin Frazier, a Tarbell Fellow at Lawfare, to discuss the DHS’s recently released report on the potential of AI to lead to the production of Chemical, Biological, Radiological, and Nuclear (CBRN) threats. Assistant Secretary Callahan shares the origins of the report, its key findings, and DHS’s next steps. This conversation also explores pre-existing enforcement gaps in biological and chemical regulations and ongoing efforts to bolster AI expertise in the federal government. The DHS report is available here. More information on the AI Corps is available here.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From March 22, 2014: On March 19, the Center on the United States and Europe (CUSE) hosted NATO Secretary-General Anders Fogh Rasmussen for a Statesman’s Forum address on the importance of the transatlantic alliance and how the North Atlantic Treaty Organization (NATO) is evolving to address new common security challenges. As the crisis in Ukraine shows that security in the Euro-Atlantic area cannot be taken for granted, the secretary-general discussed NATO’s essential role in an unpredictable world. He outlined the agenda for the September NATO summit in Wales as a critical opportunity to ensure that the alliance has the military capabilities necessary to deal with the threats it now faces, to consider how NATO members can better share the collective burden of defense and to engage constructively with partners around the world.Anders Fogh Rasmussen took office as North Atlantic Treaty Organization’s 12th secretary-general in August 2009. Previously, he served in numerous positions in the Danish government and opposition throughout his political career, including as prime minister of Denmark from November 2001 to April 2009.Brookings Senior Fellow and CUSE Director Fiona Hill provided introductory remarks and moderated the discussion.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This episode of “Trump's Trials and Tribulations,” was recorded on July 11 in front of a live audience on YouTube and Zoom.Lawfare Executive Editor Natalie Orpett spoke to Lawfare Editor-in-Chief Benjamin Wittes and Lawfare Legal Correspondent and Legal Fellow Anna Bower about whether anything has happened in any of the Trump Trials and took audience questions from Lawfare material supporters.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Alan Rozenshtein, Associate Professor of Law at the University of Minnesota Law School and Senior Editor at Lawfare, and Molly Reynolds, Senior Fellow at the Brookings Institution and Senior Editor at Lawfare, spoke with Bridget Dooling, Assistant Professor of Law at The Ohio State University Moritz College of Law, and Nick Bednar, Associate Professor of Law at the University of Minnesota Law School, about the Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo, which overruled the decades-long Chevron doctrine that required courts to defer to reasonable interpretations of their statutes.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week, Quinta and Scott were joined by Lawfare Managing Editor Tyler McBrien and Lawfare Contributing Editor Eric Ciaramella to talk over all the national security news causing traffic issues in D.C., including:“Ukraine in the Membrane.” NATO is hosting its 75th anniversary summit here in Washington, D.C., this week. But its members’ eyes are uniformly locked on Ukraine, whose (eventual) membership several will voice support for this week—even as others worry about what a future Trump administration might mean for the alliance and its commitment to the ongoing conflict there. What trajectory is NATO headed on? And what should the alliance be doing to prepare?“So Gauche.” Left political movements emerged victorious over populist right-wing movements in two major elections in Europe this past week. In France, the left-wing New Popular Front squeaked out a narrow plurality over President Emmanuel Macron’s centrist coalition and the right-wing National Rally. And in the U.K., a resurgent Labour movement finally ended fourteen years of increasingly unpopular Conservative control. What do these results tell us about political trends in Europe? And can they shed any light on what the United States might experience in its own election later this year?“Hindsight is 20/25.” This week, former President Donald Trump tried to distance himself from Project 2025, denying any awareness of the Heritage Foundation-led project that has produced a 900-page book of policy proposals for the potentially returning conservative president—even though several of his former advisers contributed to the project and a number of its proposals seem to be included in the platform that Republican Party leaders adopted this week. How does this agenda compare to what the Trump administration pursued in its first term? And what role is it likely to play if Trump does return to the White House?For object lessons, Quinta recommended James McBride's latest book, “The Heaven & Earth Grocery Store.” Scott highlighted two great pieces on the continuing relevance of the classic movie “Chinatown,” in light of both its 50th anniversary and the death of its author Robert Towne—and urged director David Fincher to keep at his plans to produce a prequel series for Netflix. Tyler shared the earnest welcome to the NATO summit produced by D.C.'s own wholesome influencer, Tony P. And Eric expressed his passion for the great Finnish pastime of hobby horsing.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Many Pentagon officials and U.S. lawmakers likely lay awake at night wondering what Chinese leaders think about the use of artificial intelligence in war.  On today’s episode, Sam Bresnick, a Research Fellow at Georgetown’s Center for Security and Emerging Technology joins Lawfare Managing Editor Tyler McBrien to begin to answer that very question and discuss his new report, “China’s Military AI Roadblocks: PRC Perspectives on Technological Challenges to Intelligentized Warfare.”They discuss how Sam found and analyzed dozens of Chinese-language journal articles about AI and warfare, Beijing’s hopes for these new and emerging technologies, and what, in turn, keeps Chinese defense officials up at night as well.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Scott Singer, Co-Founder and Director of the Oxford China Policy Lab, joins Kevin Frazier, a Tarbell Fellow at Lawfare, to discuss AI in the context of ongoing and, arguably, increasing tensions between China and the U.S. This conversation covers potential limits on China’s AI ambitions, the durability of the current bipartisan consensus among U.S. officials on the China question, and the factors that may accelerate the race to artificial general intelligence between China and the U.S.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Joseph Cox is an award-winning investigative journalist and the co-founder of 404 Media. He is also the world’s leading reporter on the FBI's Anom sting operation, a topic he has written about in the new book, Dark Wire: The Incredbile True Story of the Largest Sting Operation Ever.Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Noam Osband of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.See acast.com/privacy for privacy and opt-out information.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Jack Goldsmith sat down with Christopher Kirchhoff, a former senior official in the Pentagon’s Defense Innovation Unit (DIU) and the co-author with Raj Shah of the new book, “Unit X: How the Pentagon and Silicon Valley Are Transforming the Future of War.” They talked about the origins and aims of the Defense Innovation Unit, how the defense bureaucracy fought it, and DIU’s successes and failures. They also discussed the pathologies of defense procurement, the relationship between technological innovation and military superiority, and whether the Department of Defense can innovate fast enough to maintain technological and military superiority.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Chinny Sharma, Associate Professor at Fordham Law School, and Yonathan Arbel, co-director of the Center for Law and AI Risk and Associate Professor of Law at Alabama Law, join Kevin Frazier, a Tarbell Fellow at Lawfare, to discuss open-source AI. This engaging conversation dives into the origins of open source, its meaning in the AI context, and why attempts to regulate open-source AI have drawn passionate responses from across the AI community.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From December 21, 2019: This week, following a resounding victory by Boris Johnson and his Conservative Party in British elections, Members of Parliament have backed Johnson’s plan to withdraw from the EU by January 31. But before they did that, Benjamin Wittes got on the phone from an undisclosed location with Brookings senior fellow and Brexit expert Amanda Sloat—who was here in the Jungle Studio—to discuss Britain’s recent election, what it means for Brexit, and what it might portend for the future of the United Kingdom.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This episode of “Trump's Trials and Tribulations,” was recorded on July 5 in front of a live audience on YouTube and Zoom.Lawfare Executive Editor Natalie Orpett spoke with Lawfare Editor-in-Chief Benjamin Wittes, Senior Editors Quinta Jurecic and Roger Parloff, and Legal Fellow and Courts Correspondent Anna Bower about the Supreme Court’s decision in Trump v. United States and the decision’s implications for the other cases against former President Donald Trump. And of course, they took audience questions from Lawfare Material Supporters on Zoom.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Alan Rozenshtein, Associate Professor of Law at the University of Minnesota Law School and a Senior Editor at Lawfare; David Rubenstein, James R. Ahrens Chair in Constitutional Law and Director of the Robert J. Dole Center for Law and Government at Washburn University School of Law; and Dean Ball, Research Fellow at George Mason University's Mercatus Center, join Kevin Frazier, a Tarbell Fellow at Lawfare, to discuss a novel and wide-reaching AI bill, SB 1047, pending before the California State Assembly and AI regulation more generally.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week, a Scott-less Alan and Quinta sat down with Lawfare Tarbell Fellow Kevin Frazier and law school-bound Associate Editor Hyemin Han to talk over the week’s big national security news, including:“I will not make age an issue of this campaign. I am not going to exploit, for political purposes, my opponent's youth and inexperience.” Unlike Ronald Reagan, Joe Biden’s underwhelming performance at the first (and perhaps only) presidential debate has put his party in a panic about his chances to win the presidential election. Was Biden’s performance as bad as the pundits and betting markets seem to think and, if so, what should he do about it, both with respect to his staying in the race and even his ability to finish out his presidential term?“When you’re the president, they let you do it.” After promising an opinion “for the ages,” the Supreme Court, in a 6-3, party-line decision, held that presidents enjoy at least some degree of absolute immunity from criminal prosecution for official acts. Did the opinion, as the dissenting Justices argued, make the president above the law? And what does the opinion mean for the ongoing criminal prosecutions seeking to hold Trump accountable for crimes he allegedly committed while in office?"Tell it to my face…ial challenge." The Supreme Court continues its pattern of not squarely addressing difficult legal questions about the Internet. In Moody v. NetChoice, the Court sent back two challenges to state social-media moderation laws to the lower courts, instructing them to examine the laws on an as-applied, rather than facial, basis. What guidance did the Court give to the lower courts on remand, and what questions about the scope of the platforms’ First Amendment protections remain unanswered?For object lessons, Alan gave himself a post-tenure present in the form of a fancy grill, Kevin recommended a Parisian shark week movie, Quinta suggested an animated science fiction adventure, and Hyemin enjoyed a book about the geopolitics of shame.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From March 22, 2021: Benjamin Wittes sat down on Lawfare Live with Seamus Hughes, the deputy director of the Program on Extremism at George Washington University, and Alan Rozenshtein, a Lawfare senior editor and professor at the University of Minnesota Law School, to talk about the group of cases that have been filed in connection with the January 6 riot and insurrection. They talked about the database that Hughes is building and maintaining of cases, defendants and charges filed in connection with January 6; the pattern of charges; what the picture looks like so far; if it is likely to get closer to the president and his inner circle and if it will result in a series of seditious conspiracy charges.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Anupam Chander, Scott Ginsburg Professor of Law and Technology at Georgetown Law; Kyle Langvhardt, Assistant Professor at the Nebraska College of Law; and Alan Rozenshtein, Senior Editor at Lawfare and Associate Professor at Minnesota Law, join Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare, to discuss the Supreme Court's decision in Moody v. NetChoice. The conversation dives into the weeds of a complex opinion that includes several concurrences and a lot of open questions. You can expect many podcasts and many more law review articles breaking down the ramifications of this surprising decision.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

As the Second World War started, an unsung cadre of US librarians and other information management professionals was making its way to Europe to acquire printed material that could help American analysts understand international threats. As the war went on, the mission of these experts expanded to also include an unprecedented effort to locate, preserve, and ultimately decide what to do with millions of printed items of Nazi propaganda--and with the books and documents that Germany had seized and hidden during the war. Professor Kathy Peiss, who teached in the Department of History at the University of Pennsylvania, joined host David Priess to discuss this, and more, including many stories from her compelling book Information Hunters: When Librarians, Soldiers, and Spies Banded Together in World War II Europe. They talked about the field of American Studies, her family connection that led her to study librarians and spies in World War II, the World War I-era connections between librarians and national security matters, the cooperation in the early 1940s between America's emerging intelligence efforts and the Library of Congress, extraordinary women who worked to gather materials in war-torn Europe, advances in microfilm technology and use as a result of their efforts, tensions between the US and UK in open source collection, the vital role Lisbon played in information hunting during the war, unique aspects of the material acquisition and preservation effort as the war ended, the heated debate over the destruction of Nazi books, challenges involved in the return of recovered materials, and more. Including zoot suits. Yes, really.Works mentioned in this episode:The book Information Hunters by Kathy PeissThe movie The Monuments MenThe book The Monuments Men by Robert Edsel and Bret WitterThe book The Hunter by Tana FrenchThe book Dr. No by Percival EverettThe book World War I and the Foundations of American Intelligence by Mark StoutChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Noam Osband of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.See acast.com/privacy for privacy and opt-out information.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It’s the decision we’ve all been waiting for: on the very last day of the Supreme Court’s 2023 term, the Court handed down its ruling in Trump v. United States, concerning the former president’s potential immunity from prosecution over his efforts to overturn the 2020 election. Rather than resolving the issue clearly, a 6-3 conservative majority found that presidents enjoy some immunity from criminal prosecution in some circumstances—a ruling that will likely create significant problems for the case against Trump.Lawfare’s Editor-in-Chief Benjamin Wittes discussed what to make of the opinions and what comes next with Executive Editor Natalie Orpett, Senior Editors Roger Parloff and Quinta Jurecic, and Courts Correspondent Anna Bower, along with special guest Lee Kovarsky of the University of Texas at Austin School of Law.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On June 28, the Supreme Court released its opinion in Fischer v. U.S., narrowing the interpretation of an obstruction statute, 18 U.S.C. § 1512(c)(2), used by the Department of Justice to charge over 300 Jan. 6 defendants, including former President Trump.Lawfare Editor-in-Chief Benjamin Wittes talked to Lawfare Senior Editors Quinta Jurecic and Roger Parloff about the decision, what happens to the Jan. 6 defendants charged with § 1512(c)(2), and how this ruling affects Special Counsel Jack Smith’s case against former President Trump.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From April 1, 2021: This week on Arbiters of Truth, the Lawfare Podcast’s miniseries on our online information ecosystem, Evelyn Douek and Quinta Jurecic spoke with Issie Lapowsky, a senior reporter at the tech journalism publication Protocol. They discussed last week’s hearing before the House Energy and Commerce Committee with the CEOs of Facebook, Google and Twitter—the first time the companies had been called to testify on the Hill after the Capitol riot, which focused public attention on the content moderation policies of tech platforms when it comes to domestic extremism. The hearing produced some interesting takeaways, but also a lot of moments when the CEOs were awkwardly forced to answer complicated questions with a simple "yes" or "no" answer.They also discussed Issie’s reporting on how tech companies have struggled to figure out how to address far-right extremism in the United States as opposed to Islamist extremism. And they talked about Section 230 reform and what it’s like reporting on the tech space.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This episode of “Trump's Trials and Tribulations,” was recorded on June 27 in front of a live audience on YouTube and Zoom.Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Legal Correspondent and Legal Fellow Anna Bower and Lawfare Senior Editor about the Monday and Tuesday hearings in the classified documents case, the Georgia Court of Appeals pausing all trial proceedings in Fulton County, and more. And of course, they took audience questions from Lawfare Material Supporters on Zoom.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On June 26, the Supreme Court handed down its decision in Murthy v. Missouri—the “jawboning” case, concerning a First Amendment challenge to the government practice of pressuring social media companies to moderate content on their platforms. But instead of providing a clear answer one way or the other, the Court tossed out the case on standing. What now? Lawfare Editor-in-Chief Benjamin Wittes discussed the case with Kate Klonick of St. Johns University School of Law and Matt Perault, Director of the Center on Technology Policy at the University of North Carolina.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week, Alan, Quinta, and Scott were joined once again by Lawfare Tarbell Fellow Kevin Frazier to talk over the week’s big national security news, including:Wiki-plea-ks.” After more than a decade in effective confinement—first at the Ecuadorian embassy in London, then in a British prison—Wikileaks founder Julian Assange is set to plead guilty in a U.S. federal court in Saipan to a single violation of the Espionage Act for his role in securing and publishing troves of classified U.S. diplomatic cables in 2010, at which point he will walk free. What can we learn from Assange’s saga?“Houthi Can’t Fail.” After months of sustained hostilities—and a U.S.-led multilateral military response—the Houthi campaign against shipping through the Red Sea has once again ratcheted up a notch, disabling a number of ships in sometimes fatal attacks and teaming up with similarly Iran-affiliated Iraqi militia groups. As global supply lines strain, is it clear that the international community’s strategy failed? What more (or different) could it do?“iAI.” Apple is set to enter the artificial intelligence game with its new Apple Intelligence, which it will be rolling out on Apple devices in the Fall. But not in Europe, in part due to its regulatory posture. What does this tell us about the pros and cons of AI regulation, and how the industry is likely to react?For object lessons, Alan shared a piece asking, “What happened to the libertarian party?” Quinta confirmed her millennial status by recommending the new album from The Decemberists, “As It Ever Was, So It Will Be Again.” Scott threw his endorsement to the very BBC film, “The Lost King.” And Kevin urged everyone to check out Kygo’s death defying piano performance. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

For today's episode, Lawfare Editor-in-Chief Benjamin Wittes speaks with Katsiaryna Shmatsina, a Belarusian political analyst and think tanker currently on trial for allegedly plotting to overthrow the government. Shmatsina discusses the charges against her, the trial process, and the broader political situation in Belarus. She delves into the history of the Lukashenko regime, its ties with Russia, and the repression of opposition voices. The conversation also covers the 2020 election and the subsequent crackdown on protests. Shmatsina shares her personal experiences with political repression in Belarus, her decision to flee the country, and her life under constant surveillance and fear of being targeted by the authorities. She explains her journey to seek asylum in the United States and her ongoing work in the think tank community.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On June 10, the jury reached a verdict in the federal trial against Chiquita Banana. It found that the company had financed a paramilitary group in Colombia in the late 1990s and early 2000s, resulting in the deaths of eight men, and it awarded the victims' families $38 million in damages. It's the culmination of a 17-year-long multi-district litigation that had faced significant procedural, evidentiary, and legal challenges. And it may represent a new frontier in the fight to hold corporations legally accountable  for human rights violations.Executive Editor Natalie Orpett discussed the case and its implications with Michael Posner, Director of the Center for Business and Human Rights at New York University’s Stern School of Business and a former Assistant Secretary of State for the Bureau of Democracy, Human Rights and Labor.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Libertarianism doesn’t fit easily on the traditional left-right spectrum of American politics. The philosophy upholds personal liberty as a core value. What does it have to say about matters of foreign policy and national security, which encompass ideas about self-defense but also protection of the state? Katherine Mangu-Ward sat down with Shane Harris to discuss the libertarian view on war and diplomacy, how it approaches the question of nation-state conflicts, and the differences between libertarianism and the Libertarian Party. Mangu-Ward is the editor-in-chief of Reason magazine, the leading publication on libertarian thought and ideas. She started her journalism career in 2000 as an intern at Reason and later worked at The Weekly Standard and The New York Times. Her writing has also appeared in The Wall Street Journal, The New York Times, and many other publications.  Political philosophers, publications, and novel state concepts discussed in this episode include: Ayn Rand https://aynrand.org/ Fusionism https://reason.com/2021/02/10/is-there-a-future-for-fusionism/ Friedrich Hayek https://plato.stanford.edu/entries/friedrich-hayek/ The Yale Free Press Students for a Democratic Society https://www.pbs.org/opb/thesixties/topics/politics/newsmakers_1.html Prospera https://www.prospera.co/ Read and listen to more of Mangu-Ward’s work: https://reason.com/people/katherine-mangu-ward/ https://reason.com/podcasts/the-reason-roundtable/ https://twitter.com/kmanguward?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Noam Osband of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Larry Lessig, Roy L. Furman Professor of Law and Leadership at the Harvard Law School, joins Kevin Frazier, a Tarbell Fellow at Lawfare, to discuss the open letter published by 13 current or former AI lab employees calling for a Right to Warn of AI dangers. This conversation dives into Lessig's representation of some of those employees as they push for a Right to Warn of AI dangers, the potential scope of that right, and the need for such a right in the first place. All signs suggest this won't be the last deep dive into the dangers posed by AI and the responsibility of AI labs and employees to prevent those dangers.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Just months after many of the mandates in the European Union's Digital Markets Act (DMA) have gone into effect, interoperability and data portability are fresh on the policy world’s mind. But what does the history of interoperability suggest about its ability to help the Internet regain its former openness?Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare, spoke with Alexander Rigby, a law clerk on Delaware Court of Chancery, and Chinmayi Sharma, Associate Professor at Fordham Law School. They've just published a new white paper in Lawfare's ongoing Digital Social Contract paper series arguing that open banking is a useful case study in the promise and pitfalls of interoperability.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This episode of “Trump's Trials and Tribulations,” was recorded on June 21 in front of a live audience on YouTube and Zoom.Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Legal Correspondent and Legal Fellow Anna Bower, University of Texas law professor Lee Kovarsky, and Georgetown Law professor Martin Lederman about the Friday hearing on the legality of Special Counsel Jack Smith’s appointment in the classified documents case, the appellate issues at hand in Trump’s NYC case, the latest filings in Fulton County, and more. And of course, they took audience questions from Lawfare Material Supporters on Zoom.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From August 17, 2020: In a surprise announcement last week, the United Arab Emirates and Israel are normalizing relations, and Israel is putting on hold its plans for annexation of West Bank territory. To discuss the announcement and its diverse implications for various actors, Benjamin Wittes spoke with Lawfare senior editor Scott Anderson; Suzanne Maloney, an Iran specialist who is acting head of the Foreign Policy Program at Brookings; Natan Sachs, the director of the Brookings Center for Middle East Policy; and Hady Amr, a non-resident senior fellow at Brookings who served as the United States deputy special envoy for Israeli-Palestinian negotiations. They talked about what the deal covers; its implications for the domestic politics of Israel, Iran and the United States; how it might affect the larger regional dynamics and what it means for the Palestinians.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

For today's episode, Lawfare Editor-in-Chief Benjamin Wittes sat down to discuss the various Ukraine-related agreements that came out of the G7 and subsequent Ukraine peace summit last week, with Contributing Editor and Carnegie Endowment for International Peace Senior Fellow Eric Ciaramella, Ukrainian journalist Anastasiia Lapatina, and Lawfare Senior Editor and Brookings Institution Fellow Scott R. Anderson.They discussed the joint communique that came out of the Ukraine peace summit (and those who didn't join it), the new U.S.-Ukraine security agreement, the G7's new funding mechanism for Ukraine assistance, and what it all means for the state of the fight against Russia.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week, Quinta and Scott were joined by Lawfare Contributing Editor and Senior Fellow at the Carnegie Endowment for International Peace Eric Ciaramella to talk over the week’s big national security news, including:“Prime Deliverables, in Two Days or Less.” The Biden administration and its European allies coughed up a number of big wins for Ukraine at a meeting of the G7 and subsequent Ukraine peace summit this past week, ranging from a new U.S.-Ukraine security agreement to a commitment to provide $50 billion in assistance derived from frozen Russian assets. But are these measures game-changers—especially with political changes in both Europe and the United States on the horizon?“Trying to F Us.” Policy advisors to former President Trump reportedly have some big plans for government employees if he is elected to a second stint in the White House—including the return of Schedule F, an reorganization of the civil service that would have gutted job protections and made it easier to replace civil servants with partisan loyalists. How big a problem are these plans? And how feasible are they really?“Revenge of the Nerds.” A little known intelligence agency within the State Department—the Bureau of Intelligence and Research, or INR—has gotten some great press of late, celebrating several notable analytic victories it’s secured, often in dissent from the rest of the intelligence community. Is there some secret to INR’s success? Or is it overblown?For object lessons, Quinta shared more important NJ political corruption news. Scott awarded his song of the summer to “Right Back to It,” the single off Waxahatchee’s phenomenal “Tiger’s Blood.” And Eric recommended “Sovietistan,” a travelogue about Central Asia by Norwegian anthropologist Erika Fatland.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The Cyber Safety Review Board’s (CSRB) report on the Summer 2023 Microsoft Exchange online intrusion sheds light on how a series of flaws in Microsoft’s cloud infrastructure and security processes allowed a hacking group associated with the People’s Republic of China (PRC) to strike the “equivalent of gold” in accessing the official email accounts of many of the most senior U.S. government officials managing the U.S. government’s relationship with the PRC. Lawfare Senior Editor Stephanie Pell sat down Maia Hamin, Associate Director with the Atlantic Council’s Cyber Statecraft Initiative; Trey Herr, Assistant Professor of cybersecurity and policy at American University’s School of International Service and Director of the Cyber Statecraft Initiative at the Atlantic Council; and Marc Rogers, Co-Founder and Chief Technology Officer for the AI observability startup nbhd.ai, to discuss their recent Lawfare piece about the CSRB’s report and the lagging state of cloud security policy. They talked about ways to improve cloud service provider transparency, other investigative and regulatory tools that could facilitate better cloud security, and their thoughts on Microsoft’s response to the CSRB’s report. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From June 29, 2020: Jack Goldsmith sat down with Eric Posner, the Kirkland & Ellis Distinguished Service Professor of Law at the University of Chicago, and the author of the new book, "The Demagogue's Playbook: The Battle for American Democracy from the Founders to Trump." They discussed why demagogues are a characteristic threat in democracies, how the founders of the U.S. Constitution tried to ensure elite control and prevent a demagogue from becoming president, how these safeguards weakened over time and how Donald Trump's demagoguery helped him win election as president. They also explored how Posner's perception of Trump as a threat to American democracy fits with his writings in support of a powerful president.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Renée DiResta is the author of Invisible Rulers: The People Who Turn Lies into Reality. Until the other day, she was one of the brains behind the Stanford Internet Observatory, where she did pioneering work studying Internet information streams how they generate. The day before this podcast was recorded, news broke that Stanford was shutting down—or revamping—the SIO, and DiResta is no longer associated with it. In this conversation with Lawfare Editor in Chief Benjamin Wittes, DiResta talks about how she came to study online information flows, how they work, and how she and her work came to be the subject of one herself.Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Noam Osband of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On June 2, Mexico held one of the largest elections in its history, and the electorate voted in the country's first woman, and Jewish, president, Claudia Sheinbaum. Sheinbaum was endorsed by outgoing President Andrés Manuel López Obrador (AMLO), who critics charge as pushing a series of anti-democratic policies including a substantial judicial overhaul. To discuss this historic election and what President-elect Claudia Sheinbaum may do in office, Lawfare Associate Editor for Communications Anna Hickey sat down with former United States Ambassador Roberta Jacobson. They discussed the issues voters were concerned about, political violence by cartels plaguing the country, and whether Sheinbaum will follow AMLO's trajectory as a populist or chart her own path. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Lawfare Senior Editors Molly Reynolds and Quinta Jurecic checked in on the status of Senator Bob Menendez’s ongoing criminal trial in the Southern District of New York. Together with Dan Richman of Columbia Law School and Eric Columbus, who previously served as special litigation counsel at the U.S. House of Representatives’ Office of General Counsel, they discussed the challenges faced by prosecutors in bringing corruption charges against a sitting member of Congress. The Justice Department alleges that Menendez took bribes in exchange for unregistered lobbying for the governments of Egypt and Qatar—among other incidents of unsavory behavior. But after the Supreme Court’s decision in McDonnell v. United States, and given the protections available to members of Congress under the Speech or Debate Clause, will prosecutors be able to make the charges stick?To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From July 17, 2020: Darrell West and John Allen are the authors of the book, "Turning Point: Policymaking in the Era of Artificial Intelligence," a broad look at the impact that artificial intelligence systems are likely to have on everything from the military, to health care, to vehicles and transportation, and to international great power competition. They spoke with Benjamin Wittes about the book and the question of how we should govern AI systems. What makes for ethical uses of AI? What makes it scary? What are the anxieties that people have about artificial intelligence, and to what extent are the fears legitimate?To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This episode of “Trump's Trials and Tribulations,” was recorded on June 13 in front of a live audience on YouTube and Zoom.Lawfare Associate Editor for Communications Anna Hickey talked to Lawfare Editor-in-Chief Benjamin Wittes and Senior Editor Quinta Jurecic about Judge Cannon's order denying in part former President Trump's motion to dismiss the classified document case, what Judge McAfee is up to in Fulton County, and of course, they took audience questions from Lawfare Material Supporters on Zoom.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On today’s episode, Matt Gluck, Research Fellow at Lawfare, spoke with Sean Mirski and Aaron Sobel of Arnold & Porter. Mirski practices foreign-relations, international, and appellate law, and Sobel practices international and appellate law. They discussed Mirski and Sobel’s recent Lawfare piece, co-authored with John Bellinger and Catherine McCarthy, on the Eighth Circuit’s decision reviving part of Missouri’s coronavirus-related lawsuit against several defendants connected to the Chinese government.They spoke about the Foreign Sovereign Immunities Act, Missouri’s claims and why one of them survived the Eighth Circuit’s jurisdictional review, how this decision might affect other coronavirus lawsuits, and the potential implications of the decision for U.S. foreign policy, among other topics.Check out Mirski’s recent book, “We May Dominate the World: Ambition, Anxiety, and the Rise of the American Colossus,” which examines the roots of the United States’ ascension to hegemony and was rated by Kirkus as one of the 100 best non-fiction books of 2023.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week, Alan, Quinta, and Scott were joined by Lawfare Editor-in-Chief Benjamin Wittes to talk through some of the week’s biggest national security news stories, including:“Save the Last Gantz.” Leading opposition figure Benny Gantz has left Israel’s war cabinet over Prime Minister Benjamin Netanyahu’s failure to establish post-conflict plans for Gaza, raising serious questions about the stability of Netanyahu’s far-right government. What does Gantz’s departure mean for the future of the conflict?“Congress Shall Make No Law…Abridging the Freedom of [BEEP], or of the [PRESS ENTER KEY].” California is on the verge of enacting one of the country’s first AI safety laws. But critics are arguing that the type of restrictions it imposes may run afoul of the First Amendment. How does AI fit with the freedom of speech—and does the First Amendment put it beyond regulatory reach?“A Stale Macron is One Tough Cookie.” Recent elections to the European Parliament saw a surge in right (and particularly far-right) parties across the continent, and most specifically in France and Germany. Fearing what this groundswell might mean for his centrist coalition, French President Emmanuel Macron has sought to cut it off at the pass by calling for snap national parliamentary elections. Is this a risky strategy or a sound one?For object lessons, Ben asked listeners how they intended to celebrate #RussiaDay on June 12. Alan celebrated an inedible apple. Quinta followed up on last week’s discussion to share the American Immigration Council’s analysis of the new border executive order. And Scott sang the praises of Roka, a brand of glasses that finally stays on his dumb flat face.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On today’s episode, Lawfare General Counsel and Senior Editor Scott R. Anderson sat down with Gabor Rona, Professor of Practice at Cardozo Law, and Natalie Orpett, Lawfare’s Executive Editor, to discuss their recent Lawfare piece examining whether a state pursuing an armed conflict in compliance with international humanitarian law could nonetheless violate the Genocide Convention. They discussed how these two areas of law intersect, their relevance to the ongoing proceedings over Israel’s conduct in Gaza before the International Court of Justice, and what the questions their analysis raises might mean for the future of accountability for genocide.You can find their article, "Can Armed Attacks That Comply With IHL Nonetheless Constitute Genocide?," online at https://www.lawfaremedia.org/article/can-armed-attacks-that-comply-with-ihl-nonetheless-constitute-genocide.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Natan Sachs is the Director of the Center for Middle East Policy at the Brookings Institution. He joined Lawfare's Editor in Chief, Benjamin Wittes, to discuss the resignation of Israeli war cabinet member Benny Gantz, the fate of Benjamin Netanyahu's right-wing government, and Israeli perceptions of the Gaza war.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Paul Sparrow, who served as Director of the Franklin D. Roosevelt Presidential Library and Museum from 2015 to 2022, has written the book Awakening the Spirit of America about the war of words between FDR and Charles Lindbergh in 1940-41.He joined host David Priess to discuss his path to the FDR Library, the history of presidential libraries, how the Roosevelt-Lindbergh war of words reveals much about the American experience before and during the Second World War, why Lindbergh never ran for president, the America First movement, Roosevelt's chaotic approach to intelligence, FDR's popular legacy, and more.Works mentioned in this episode:The book Awakening the Spirit of America by Paul SparrowThe book The Plot Against America by Philip RothThe book K is for Killing by Daniel EastermanThe book Those Angry Days by Lynne OlsonThe podcast UltraThe book Prequel by Rachel MaddowThe book The Wave of the Future by Anne LindberghThe book An Unfinished Love Story by Doris Kearns GoodwinThe book The Killing Shore by K. A. NelsonChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The first criminal trial of a former president of the United States began in April and reached a verdict on May 30. As Lawfare readers and listeners know, we covered the trial in great detail. Normally based in Washington, D.C., we opened a temporary “bureau” in New York City so that we could report on each and every day of the proceedings from inside the courtroom. We produced written and oral dispatches every day on top of our usual deep-dive analysis of the legal issues at stake. So we’ve talked a lot about the trial itself. This time, we’re talking about the experience of covering the trial. Executive Editor Natalie Orpett spoke with Legal Fellow Anna Bower, Senior Editor Quinta Jurecic, Managing Editor Tyler McBrien, and Editor-in-Chief Benjamin Wittes about how it all worked, why Lawfare’s coverage was unique, and what it was like to actually be there.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Charlotte Willner, Executive Director of the Trust and Safety Professional Association, and David Sullivan, Executive Director of the Digital Trust & Safety Partnership, join Lawfare's Tarbell Fellow Kevin Frazier and Senior Editor Quinta Jurecic to discuss content moderation in the age of AI. Following 97 self-described data labellers, content moderators, and AI workers publishing an open letter describing deplorable working conditions, Charlotte and David break down what's new and what's not about the ongoing trade-offs involved in content moderation. The group also dives into the evolution of content moderation and analyzes the effects of relatively recent regulations, such as the EU's Digital Services Act, on trust and safety work.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From March 3, 2020: The population of Africa is projected to double by 2050, giving the continent one quarter of the world's people by then. Nigeria alone will have a larger population than the United States. To the extent they aren't so already, the world's problems and opportunities will be Africa's, too, and African problems and opportunities will also be the world's. David Priess spoke about developments in African politics and international engagement with two experts from the Africa Program at the Center for Strategic and International Studies—its director Judd Devermont, and one of its senior associates, Emilia Columbo.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This episode of “Trump's Trials and Tribulations,” was recorded on June 6 in front of a live audience on YouTube and Zoom.Lawfare Editor-in-Chief Benjamin Wittes talked to Lawfare Senior Editor Roger Parloff, Lawfare Courts Correspondent and Legal Fellow Anna Bower, and New York Times reporter Alan Feuer about the Georgia Court of Appeal's order staying trial court proceedings in the Fulton County case, what Judge Cannon has been up to in the Southern District of Florida, including scheduling days of hearings, and more. And of course, they took audience questions from Lawfare Material Supporters on Zoom.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From October 27, 2018: There is a caravan—you've probably heard something about it. Stephanie Leutert, director of the Mexico Security Initiative at the Robert S. Strauss Center for International Security and Law, has heard something about it. On Friday, Benjamin Wittes caught up with Leutert to talk about her time on the Mexico-Guatemala border traveling with migrants who are following a trail not unlike that of the caravan. They talked about why people are joining this caravan, what are alternatives to it, why certain migrants are shunning it, the factors pushing people out of countries like Honduras and Guatemala, and what it's like to be a child on the long trek to the United States.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In 2022, Georgetown University Law Center’s Institute for Constitutional Advocacy and Protection and Stafford Rosenbaum filed a lawsuit against ten Wisconsin fraudulent electors, Kenneth Chesebro, and James Troupis for their efforts to subvert the 2020 election. Earlier this year, ICAP reached two settlements with the defendants, which resulted in thousands of pages of text messages, emails, and other correspondence being turned over, providing new insight into how exactly the fake electors scheme was developed and implemented in Wisconsin and across the country. Lawfare Associate Editor for Communications Anna Hickey sat down with ICAP Executive Director Mary McCord to discuss the settlements reached with the Wisconsin fraudulent electors, what new information was revealed in the thousands of pages of documents turned over, and whether the recent criminal charges filed against Kenneth Chesebro, James Troupis, and Mike Roman revealed any new information.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week, Quinta and Scott were joined by Lawfare Managing Editor Tyler McBrien to discuss how he is coping with the end of the New York trial and to run through some of the week’s big national security news stories, including:“A Perfect Conviction.” Last week, after less than two days of deliberation, a jury in New York state criminal court found former President Trump guilty of all 34 criminal counts on which he was being tried. He’s now scheduled to be sentenced just days before the Republican National Convention this summer, where he is expected to be named the party’s 2024 presidential nominee. What does this conviction mean for Trump’s campaign? What are his prospects for appeal? And what happens if he still wins?“Biden Time.” Last week, President Biden laid out a three-step cease-fire plan for Gaza, sending the clearest signal yet that he is intent on ending the conflict there. Both sides have accepted the plan in principle but have yet to reach agreement on the particulars—and, meanwhile, Israel’s Rafah operation has continued. Is this finally a sign of the Gaza end game? Or that the end is nigh for Israeli Prime Minister Netanyahu’s government, which is under increasing domestic and international pressure?“Order on the Border.” This week, the Biden administration unveiled a new executive order that will make it harder for migrants crossing the southern U.S. border to apply for and receive asylum during periods of high border traffic, facilitating their prompt removal. Is this move a reasonable policy measure, cynical election politics, or something else entirely?For object lessons, Quinta recommended Zadie Smith’s new-ish novel, “The Fraud.” Scott shared a note from the archives about high cetacean fashion. And Tyler passed along an inspirational story about Osaka airport’s amazing luggage record.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On today’s episode, Lawfare Senior Editor Scott R. Anderson sits down with Alex Iftimie, a Deputy General Counsel at OpenAI, to talk over their recent report revealing that OpenAI has shut down several state-backed information operations using OpenAI’s artificial technology services. They discussed the operations themselves, how OpenAI is investigating and responding to such activities, and what they tell us about how the nascent artificial intelligence industry is impacting state-backed information operations, among other types of problematic behavior.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Ashley Deeks, Professor at the University of Virginia School of Law, and Dr. Mark Klamberg, Professor at Stockholm University, Visiting Professor at American University, and Fellow with the Atlantic Council, join Lawfare's Tarbell Fellow Kevin Frazier and Senior Editor Alan Rozenshtein to discuss the weaponization of AI. The group explores a number of related topics including ongoing domestic and international efforts to regulate military use of AI, the national security implications of weaponized AI, and whether AI companies bear any legal responsibility for military use of their AI systems. Professor Deeks and Dr. Klamberg bring their extensive AI knowledge to the fore in this illuminating podcast. Keep an eye out for their respective forthcoming publications on military use of AI.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In the wake of World War II, the United States and the Soviet Union set off on the great space race, competing to see which super power could put the first human in space and eventually land them on the Moon. As historian John Strausbaugh writes, that race should have been over before it even started. Strausbaugh’s new book, The Wrong Stuff: How the Soviet Space Program Crashed and Burned, is a harrowing and frequently hilarious account of how political leaders and engineers slapped together a space program with little apparent concern for the lives of the cosmonauts they hurled into Earth’s orbit. Moscow blustered about the size of its rockets and the triumph of its space pioneers. But that patriotic rhetoric hid the true nature of a program that was harried and haphazard, and whose leaders weren’t quite sure how to return their pilots to Earth after launching them into space. The Soviet space program stands in stark contrast, Strausbaugh told Shane Harris, to the methodical and comparatively risk-averse NASA program, which eventually overtook its rival. Books, historical figures, and near-death space walks discussed in this episode include: The Wrong Stuff: How the Soviet Space Program Crashed and Burned https://www.hachettebookgroup.com/titles/john-strausbaugh/the-wrong-stuff/9781541703346/?lens=publicaffairs The Right Stuff by Tom Wolfe https://us.macmillan.com/books/9780312427566/therightstuff  Off the Planet: Surviving Five Perilous Months Aboard the Space Station Mir by Jerry Linenger https://www.amazon.com/Off-Planet-Surviving-Perilous-Station/dp/007136112X  Sergei Korolev https://www.skyatnightmagazine.com/space-missions/sergei-korolev-life-history-timeline Yuri Gagarin https://www.pbs.org/redfiles/rao/gallery/gagarin/index.html Alexi Leonov https://time.com/5802128/alexei-leonov-spacewalk-obstacles/ More about John Strausbaugh:https://www.hachettebookgroup.com/contributor/john-strausbaugh/?lens=twelve Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This episode, Lawfare Senior Editor Scott R. Anderson sat down with author, attorney, legal scholar, and Lawfare Contributing Editor Michel Paradis to discuss the 80th anniversary of D-Day and his new book, “The Light of Battle: Eisenhower, D-Day, and the Birth of the American Superpower.”They discussed understudied aspects of Eisenhower’s unique personal and professional history, how they prepared him for leading what would become the Allied invasion of Europe, and how his actions set the stage for much of the 20th century that would follow.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Rachel Rizzo, a nonresident senior fellow at the Atlantic Council’s Europe Center, joins Lawfare Managing Editor Tyler McBrien to talk about last month’s NATO Youth Summit. Building off of her chapter “NATO, Public Opinion, and the Next Generation: Remaining Relevant, Remaining Strong,” in the 2021 book, “NATO 2030: Towards a New Strategic Concept and Beyond,” Rizzo discusses what NATO thinks of Gen Z and Millennials, the many efforts the Alliance is making to pitch to them its relevance and purpose, and the ways in which NATO could better integrate youth voices into discussions about the Alliance’s future. She also explains how and why Gen Z and Millennial views on NATO, foreign policy, and America’s changing role in the world differ from older generations. And yes, they even discuss Taylor Swift and Olivia Rodrigo.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From July 31, 2018: For years, Shane Harris of the Washington Post has been fascinated with the search for extraterrestrial life in the universe. But that search raises a profound question: Should we try to communicate with aliens? Is there a risk to alerting a potentially hostile species to our presence? On July 12, Shane moderated a conversation hosted by Future Tense with Lucianne Walkowicz, the chair of astrobiology at the Library of Congress, and NASA astrophysicist Elisa Quintana, to talk about the ethics of the search for ETs and the associated risks with trying to make contact.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From August 19, 2020: Late last week, the UN Security Council voted down a resolution, offered by the United States, to indefinitely extend a conventional arms embargo on Iran set to expire in October. The lifting of the arms embargo was one of the sweeteners that was part of the Obama administration's Iran nuclear agreement. Now, the Trump administration has announced it will begin the process of triggering the snapback of UN sanctions on Iran using procedures outlined in UNSCR 2231—a move that could be the death knell for the Iran nuclear agreement. Margaret Taylor sat down with Lawfare senior editor Scott Anderson and Richard Gowan, the UN director for the Crisis Group, an independent research and advocacy organization that recently released a report on the U.S. attempt to reimpose sanctions, to talk through the legal and political issues, as well as what will unfold on this matter in the weeks and months to come.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This episode of “Trump's Trials and Tribulations,” was recorded on May 30 in front of a live audience on YouTube and Zoom.Lawfare Editor-in-Chief Benjamin Wittes talked to Lawfare Senior Editors Quinta Jurecic and Roger Parloff about the timing of the D.C. case, Judge Aileen Cannon's denial of Special Counsel Jack Smith's gag order request in Florida, updates in the Fulton County case, the performance of Trump's attorneys and jury deliberations in the New York case, and more. And of course, they took audience questions from Lawfare Material Supporters on Zoom.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This episode of “Trump's Trials and Tribulations, N.Y. Dispatch” was recorded on May 30 in front of a live audience on YouTube and Zoom.Lawfare Editor-in-Chief Benjamin Wittes talked to Lawfare Senior Editors Quinta Jurecic and Roger Parloff, Lawfare Managing Editor Tyler McBrien, and Courts Correspondent and Legal Fellow Anna Bower about Trump's conviction in his N.Y. criminal case. Trump was found guilty on 34 felony counts for falsification of business records in the first degree. They discussed the the mood in the courtroom when the jury delivered the verdict, what this means for the 2024 election, big takeaways from the trial, and more.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week, a Quinta-less Alan and Scott sat down with Lawfare all-stars Natalie Orpett, Eugenia Lostri, and Kevin Frazier to talk about the week’s big national security news, including: “Waiting to Expel.” The New York Times reported this week that the anticipated transfer of almost a dozen detainees from Guantanamo Bay to Oman was halted in the wake of the Oct. 7 massacre. This as Oman is reportedly preparing to expel a number of former detainees already resident there with their families. What do these developments mean for the effort to resettle detainees and ultimately close Guantanamo?“The First Law of Robotics is Don’t Talk About the Law of Robotics.” AI safety is back on the front pages again, after the resignation of much of OpenAI’s “superalignment” team, which had been tasked with preventing the AIs being developed from becoming a threat to humanity. A bipartisan group of senators, meanwhile, has laid out a roadmap to guide legislative efforts. But is it on the right track? And just how much should we be sucking up to our future robot overlords?“20,000 Leaks Under the Sea.” Strategic competition is slowly leading U.S. officials to give more careful consideration to the network of undersea cables on which much of the global telecommunications system relies—and which China and Russia seem increasingly intent on being able to access or disrupt. But what will addressing this threat require? And is the antiquated legal regime governing undersea cables up to the task?To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Former FCC Chair Tom Wheeler joins Lawfare Tarbell Fellow Kevin Frazier and Lawfare Senior Editor Alan Rozenshtein to discuss the latest developments in AI governance. Building off his book, “Techlash: Who Makes the Rules in the Digital Gilded Age?” Wheeler makes the case for a more agile approach to regulating AI and other emerging technology. This approach would likely require the creation of a new agency. Wheeler points out that current agencies lack the culture, structure, and personnel required to move at the speed of new technologies. He also explores the pros and cons of the Bipartisan Senate AI Working Group’s roadmap for AI policy. While Wheeler praises the collaboration that went into the roadmap, he acknowledges that it may lack sufficient focus on the spillover effects of more AI development and deployment. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On May 14, the Georgian parliament passed a controversial foreign agent bill titled “Transparency of Foreign Influence,” which has led to mass protests across the country. Although President Salome Zourabichvili's vetoed the bill, Georgia Dream, the majority party, overturned the veto on May 28, ensuring the enactment of this legislation.Lawfare Associate Editor for Communications Anna Hickey sat down with Senior Fellow at Carnegie Europe Thomas de Waal to discuss what exactly was in the bill, why it was so controversial, how the U.S. and European Union have reacted, and why Georgia Dream decided to pass it now.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's Trump's Trials and Tribulations, New York Trial Dispatch, May 28. Roger Parloff sat down with Benjamin Wittes, Anna Bower, Tyler McBrien, and Katerine Pompilio to discuss what happened in the courtroom today.The podcast was edited by Noam Osband of Goat Rodeo. Our theme song is from Alibi Music.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Raised in Mā’ohi Nui (French Polynesia), Dr. Anaïs Maurer is assistant professor of literature at Rutgers University and author of The Ocean on Fire. Her research and writing, including this book, have explored the intersection of the legacy of colonial powers' massive nuclear detonations in Oceania, critical threats from climate change, and the stories the people of Oceania tell about it all.David Priess chatted with Maurer about her experience growing up in Oceania, the scope of the nuclear detonations in the region, how the people of Oceania have addressed radiation effects through stories, why cultural resilience has remained a greater theme than individualism or victimhood, how these narratives inform our current era of climate change, and more.Works mentioned in this episode:The book The Ocean on Fire by Anaïs MaurerThe book Quand le cannibale ricane by Paul TavoThe short story "Eden" in the collection Vai: La Rivière au ciel sans nuages by Ra'i ChazeThe book The Whale Rider by Witi IhimaeraThe visual art French Apocalypse Now by CronosThe Coconut poetry series by Teresa TeaiwaThe book Pensées insolentes et inutiles by Chantal SpitzChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Between June 6–9, voters across the EU’s member states will go to the polls to select members of the European Parliament. For today’s episode, Brookings Senior Fellow and Lawfare Senior Editor Molly Reynolds chatted with Tara Varma, Visiting Fellow, and Sophie Roehse, Senior Research Assistant, both of the Center for the United States and Europe at Brookings, to discuss these elections, what they mean for European politics, and how they might affect key issues also facing the U.S., including the war in Ukraine, relations with China, and how to handle asylum seekers.For further reading and listening on topics discussed, see:·       Why should Americans care about the European Parliament election?, Tara Varma and Sophie Roehse, May 17, 2024·       Ukraine Index: Tracking developments in the Ukraine war, April 15, 2024·       The Lawfare Podcast: Asylum-Seekers and the EU Migration Pact, April 1, 2024To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From August 12, 2020: President Trump recently issued executive orders aimed at banning TikTok and WeChat from operating in the United States. To discuss the sanction, Bobby Chesney sat down with Dr. Sheena Chestnut Greitens, an associate professor at the LBJ School of Public Affairs at the University of Texas at Austin and a faculty affiliate with the Strauss Center for International Security and Law and the Clements Center for National Security at UT; and Dr. Ronald Deibert, a professor of political science and the founder and director of The Citizen Lab at the University of Toronto's Munk School of Global Affairs and Public Policy. In addition to the executive orders concerning TikTok and WeChat, they also discussed the larger U.S.-China relationship and the role of technology competition in that space.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From June 17, 2019: It's getting ugly in the Persian Gulf: Iran allegedly attacks two oil tankers. It announces that it's going to violate the JCPOA, the so-called Iran nuclear agreement. There's talk of military strikes. Europe is edgy, and the Secretary of State is on Sunday talk shows being edgier still.Benjamin Wittes sat down with Suzanne Maloney and Scott R. Anderson to talk it all through. They talked about whether the AUMF covers Iran, why Iran is doing this stuff, whether the Trump administration brought this all on itself, and where it's all going from here.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This episode of “Trump's Trials and Tribulations,” was recorded on May 23 in front of a live audience on  YouTube and Zoom.Lawfare Editor-in-Chief Benjamin Wittes talked to Lawfare Senior Editors Quinta Jurecic and Roger Parloff and Legal Fellow and Courts Correspondent Anna Bower about the Wednesday hearing in the Southern District of Florida and Judge Cannon's decision to unseal several court filings. They checked in on Fulton County to see how DA Fani Willis and Judge Scott McAfee fared in their elections on Tuesday before discussing what is left in the New York City Trump trial. And of course, they took audience questions from Lawfare Material Supporters on Zoom.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Undersea cables carry more than 95 percent of the world’s digital traffic. The system of cables is vulnerable to a range of threats, from fishing accidents and acts of nature to tampering from state actors. To discuss how to best protect this critical infrastructure, Lawfare's Fellow in Technology Policy and Law, Eugenia Lostri, talked with Kevin Frazier Assistant Professor at St. Thomas University College of Law and Lawfare's Tarbell Fellow. They talked about the different types of threats to undersea cables, the importance of redundancy, and what's in the way of policy solutions.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week, Alan, Quinta, and Scott were joined by Lawfare Editor-in-Chief Benjamin Wittes, fresh from his New York rumspringa, to talk over the week’s big national security news, including:“You Don’t Have to Go Home, But You Can’t Stay Here.” That’s the message that will soon be going out to those Lawfare team members that have been camping out at our temporary Manhattan studio, as, after weeks of proceedings, it is officially closing time for former President Donald Trump’s criminal prosecution in New York. How has the trial proceeded? And what have we learned up to this point, before the verdict comes in?“Spinning the Wheels of Justice.” The prosecutor for the International Criminal Court has made a landmark request for arrest warrants targeting Hamas’s three most senior officials as well as Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant on the grounds that they have committed war crimes and crimes against humanity. Is this a step towards justice? Or towards an end to the conflict?“Take a Hayek.” The Biden administration has now followed in the Trump administration’s footsteps in imposing major tariffs on imports from China, and both parties seem comfortable with a level of trade protectionism that would have been inconceivable just a few decades ago. Is this the end of the neoliberal experiment? And what seems set to come about in its wake?For object lessons, Alan recommended pianist Víkingur Ólafsson’s reworking of Bach's Organ Sonata No. 4. Quinta shouted out two cartoonists illustrating the Trump trial: Liza Donnelly for the New Yorker and Josh Cochran for the New York Times. Scott recommended the new book forthcoming from friend-of-the-pod Michel Paradis, a new portrait of Dwight Eisenhower in the lead-up to D-Day entitled “The Light of Battle.” And Ben gave an unlikely endorsement to one of Trump’s legal counsel, the somewhat vampiric but nonetheless effective Emil Bove.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

For today’s episode, Lawfare Senior Editor Scott R. Anderson sat down with Chimène Keitner, a Professor of Law at UC Davis School of Law and former Counselor on International Law at the U.S. Department of State, to discuss the recent applications for arrest warrants filed by the prosector for the International Criminal Court (ICC), accusing several senior Hamas leaders as well as Israeli Prime Minister Benjamin Netanyahu and Minister of Defense Yoav Gallant of crimes against humanity and war crimes in Gaza. They discussed the nature of the allegations, how the ICC has come to exercise jurisdiction over the Gaza conflict, and what impact this recent action may have on the broader conflict.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In March, the Cyber Safety Review Board issued a report examining the Summer 2023 Microsoft Exchange Online Intrusion. Stephanie Pell, Senior Editor at Lawfare, sat down with Robert Silvers, Under Secretary for Policy at the Department of Homeland Security and Chair of the Cyber Safety Review Board to discuss the report. They talked about the Board’s determination that the intrusion was preventable and should never have occurred, Microsoft’s response to the report, and the Board’s unique role as a true public-private partnership, giving it a powerful position from which to drive change.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's Trump's Trials and Tribulations, New York Trial Dispatch, May 21. Katherine Pompillo, an associate editor of Lawfare, sat down with Benjamin Wittes, Anna Bower, Quinta Jurecic, and Tyler McBrien to discuss what happened in the courtroom today.The podcast was edited by Noam Osband of Goat Rodeo. Our theme song is from Alibi Music.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Tim Alberta is an American journalist and author, and son of an evangelical pastor. Following his father’s death in 2019, Alberta began a four year journey, talking to American evangelicals ranging from megachurch pastors who preach to thousands to pastors at churches with a few dozen congregants to understand the schism occurring in the American evangelical community. His book “The Kingdom, the Power, and the Glory: American Evangelicals in an Age of Extremism,” puts American evangelicalism under a microscope as Alberta grapples with how the community he grew up in has changed.Lawfare Associate Editor Anna Hickey spoke to Alberta about what led him to write this book, the effects of the COVID-19 pandemic on the evangelical community, the Jan. 6 attack on the Capitol, what Croatian theologist Miroslav Volf warns about creeping totalitarianism that results from religion, how evangelicals talk about Christian nationalism, and more.Among the works mentioned in this episode:The book, “The Kingdom, the Power, and the Glory: American Evangelicals in an Age of Extremism,” by Tim AlbertaReporting in The Atlantic by Jennifer SeniorChatter is a production of Lawfare and Goat Rodeo. This episode was recorded by Noam Osband and produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Across the country, state lawmakers are joining the effort to address the perceived national security threat from China by passing a number of measures attempting to curb Chinese influences in their states. One such effort in Florida prevents Chinese citizens from owning property in the state. Lawfare’s Associate Editor Hyemin Han spoke with Matthew Erie, Associate Professor at the University of Oxford, about what makes the Florida law and the ongoing litigation challenging it particularly notable, the state of property rights challenges against Chinese citizens across the U.S., the tension between state and federal oversight of national security issues, and how this fits into the growing economic battles between the U.S. and China.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's Trump's Trials and Tribulations, New York Trial Dispatch, May 20. Roger Parloff sat down with Benjamin Wittes, Anna Bower, Quinta Jurecic, and Tyler McBrien to discuss what happened in the courtroom today.The podcast was edited by Noam Osband of Goat Rodeo. Our theme song is from Alibi Music.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In foundational accounts of AI risk, the prospect of AI self-improvement looms large. The idea is simple. For any capable, goal-seeking system, the system’s goal will be more readily achieved if the system first makes itself even more capable. Having become somewhat more capable, the system will be able to improve itself again. And so on, possibly generating a rapid explosion of AI capabilities, resulting in systems that humans cannot hope to control.Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare, spoke with Peter Salib, who is less worried about this danger than many. Salib is an Assistant Professor of Law at the University of Houston Law Center and co-Director of the Center for Law & AI Risk. He just published a new white paper in Lawfare's ongoing Digital Social Contract paper series arguing that the same reason that it's difficult for humans to align AI systems is why AI systems themselves will hesitate to self-improve.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From January 14, 2017: At this week's Hoover Book Soiree, Jack Goldsmith interviewed Jameel Jaffer about his new book, The Drone Memos: Targeted Killing, Secrecy, and the Law.It's a wide-ranging discussion about targeted killing and its legality, and of Jaffer's work at the ACLU—where he ran national security litigation until recently—in holding the government to account for its practices. And it includes a fascinating debate between him and Jack about whether, in that role, he won more than he lost or lost more than he won, a debate in which each side takes exactly the opposite view than one might expect.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From August 20, 2020: This week on Lawfare's Arbiters of Truth series on disinformation, Evelyn Douek and Quinta Jurecic spoke with Alex Stamos, the director of the Stanford Internet Observatory and former chief security officer of Yahoo and Facebook. Alex has appeared on the podcast before, but this time, they discussed a new coalition he helped set up called the Election Integrity Partnership—a coalition focused on detecting and mitigating attempts to limit voting or delegitimize election results. Disinformation and misinformation around the U.S. presidential election has already started popping up online, and it’s only going to increase as November draws closer. The coalition aims to counter this in real time. So how will it actually work?They also asked Alex for his hot takes on TikTok—the popular video sharing platform facing pressure over concern about influence from the Chinese government.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The recently released International Cyberspace and Digital Strategy focuses on building digital solidarity as an alternative to digital sovereignty policies. Lawfare's Fellow in Technology Policy and Law, Eugenia Lostri, spoke with Pablo Chavez, Adjunct Senior Fellow with the Center for a New American Security’s Technology and National Security Program. Pablo first promoted the idea of digital solidarity in a Lawfare article in 2022. They talked about the range of policies that can fall under the digital sovereignty category, how digital solidarity offers an alternative position, and the evolution of the term from his 2022 article to the international strategy.The article Eugenia and Pablo reference in their conversation is “Defending the ‘S Word’: The Language of Digital Sovereignty Can be a Tool of Empowerment,” by Arindrajit Basu.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's Trump's Trials and Tribulations, New York Trial Dispatch, May 16. Roger Parloff sat down with Benjamin Wittes, Anna Bower, and Tyler McBrien to discuss what happened in the courtroom today.The podcast was edited by Noam Osband of Goat Rodeo. Our theme song is from Alibi Music.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week, Alan, Quinta, and Scott were joined by Lawfare Executive Editor Natalie Orpett to go over the week’s big national security news, including:“Does NSM Stand for No Such Memo?” Last week, in a long-awaited report required by National Security Memorandum 20 that President Biden issued earlier this year, the Biden administration concluded that there were credible reasons to believe that Israel may well have violated international law and obstructed U.S.-backed humanitarian flows in its conduct of the war in Gaza. But it still declined to find Israeli assurances to the contrary lacking in credibility enough to interrupt U.S. security assistance. What does this tell us about the state of U.S. support for Israel—especially as Israeli forces appear increasingly set to pursue an offensive on Rafah that Biden has openly opposed?“What to Expect When You’re Not Expecting.” A sharp global decline in birth rates—often below replacement levels, especially (but not exclusively) in highly developed countries—has some academics and policymakers panicking about everything from the global balance of power to the future of social support systems. But are these concerns misplaced? And how (if at all) should we be thinking about the relationship between national security and family planning?“AzerbaiSCAM.” The Justice Department has indicted a second Democratic legislator—Rep. Henry Cuellar of Texas—for working as an unregistered agent of a foreign government, this time that of Azerbaijan, even as a federal court in New York seats a jury for the prosecution of Sen. Bob Menendez for allegedly doing the same on behalf of Egypt and Qatar. Is this reflective of a broader problematic trend? And what should policymakers be doing about it?For object lessons, Alan lamented the passing of great Canadian Alice Munro. Quinta celebrated the semi-resolution of a long-running mystery involving Prague. Scott renewed his call for people to grill more pizza this summer and shared some tips before handing the mic to producer Noam, who shared that he’s performing at the DC Improv on May 23. And Natalie reminisced fondly (?) on her time living in New York. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This episode of “Trump's Trials and Tribulations,” was recorded on May 15 in front of a live audience on YouTube and Zoom. Lawfare Editor-in-Chief Benjamin Wittes talked to Lawfare Senior Editor Roger Parloff, Managing Editor Tyler McBrien, and Legal Fellow and Courts Correspondent Anna Bower about the lack of action in Fulton County, the Southern District of Florida and D.C. They then took a deep dive into the New York City Trump trial and looked ahead to whether there are witnesses left in the case. And of course they took audience questions from Lawfare Material Supporters on Zoom.To be able to submit questions to the panelists and receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

After the 2020 Presidential Election, a plan was hatched in seven swing states that had voted for Joe Biden. Lawsuits challenging the election outcomes in those states continued to fail, but this plan attempted to find another path to keep Trump in office—using the Electoral College process. The idea was to create slates of electors for Trump that would oppose the duly-elected Biden electors, and to send those slates of electors to DC to be counted on Jan. 6. Then, Vice President Mike Pence was supposed to either choose the Trump electors, thereby overturning the 2020 election results, or kick the competing slates back to the states to be sorted out, thereby delaying Congress's certification of the election. It's a plan that the Jan. 6 Committee would later dub "the fraudulent electors scheme." The whole scheme relied on specific individuals in each state—the fake electors themselves. So, three and a half years later, what has happened to them? Lawfare Executive Editor Natalie Orpett spoke with Senior Editor Quinta Jurecic, who has been closely following the issue from the beginning. Last month, she published an article explaining what happened to the fake electors in these seven states with Lawfare Student Contributors Hunter Evans, Adam George, and Emma Plankey.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's Trump's Trials and Tribulations, New York Trial Dispatch, May 14 Roger Parloff sat down with Benjamin Wittes, Anna Bower, and Tyler McBrien to discuss what happened in the courtroom today.The podcast was edited by Noam Osband of Goat Rodeo. Our theme song is from Alibi Music.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Migration has always been a part of humanity's story. It will continue to be so long after any of us now living are gone. Population shifts in the coming century, spurred by climate change, are on track to become more extreme than at any point in our history--with hundreds of millions, probably billions, of people on the move. For this episode, David Priess spoke with Gaia Vince, self-described former scientists and author of the book Nomad Century (among other works), about various aspects of climate change-driven mass migration, including perceptions of borders across history, attitudes toward climate change mitigation vs. adaptation, why the "Dubai model" isn't a global solution, demographic shifts in the global north, migration as a cause of evolutionary and cultural development, myths about migrants and jobs and wages, nurses from the Philippines as a case study, how enlightened leadership can guide the most productive migration outcomes, and much more.Works mentioned in this episode:The book Transcendence by Gaia VinceThe book Nomad Century by Gaia VinceChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The U.S. Federal Bureau of Investigation (FBI) reported that the United States lost a record $12.5 billion to various types of cyber crime in 2023. Law enforcement hacking is one tool increasingly used to combat transnational cyber crime. Stephanie Pell, Senior Editor at Lawfare, sat down with Gavin Wilde, Senior Fellow in the Technology and International Affairs Program at the Carnegie Endowment for International Peace, and Emma Landi, Research Assistant in the Technology and International Affairs Program at the Carnegie Endowment for International Peace, to talk about their new paper exploring law enforcement efforts to “hack the hackers” in the fight against cyber crime. They talked about the types of hacking operations performed by law enforcement, when law enforcement may be better suited to address the actions of malicious cyber actors as compared with the military and private sector, and some of the major policy questions posed by law enforcement hacking.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's Trump's Trials and Tribulations, New York Trial Dispatch, May 13 Roger Parloff sat down with Benjamin Wittes, Anna Bower, and Tyler McBrien to discuss what happened in the courtroom today.The podcast was edited by Noam Osband of Goat Rodeo. Our theme song is from Alibi Music.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On May 6, the U.S. State Department unveiled its U.S. International Cyberspace and Digital Policy Strategy. Lawfare's Fellow in Technology Policy and Law, Eugenia Lostri, discussed the new strategy with Adam Segal, Senior Advisor in the Bureau of Cyberspace and Digital Policy. They talked about how the strategy fits with other cyber actions from the Biden administration, what the principle of digital solidarity looks like in practice, and how to future-proof these initiatives. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From September 12, 2015: On this week’s Lawfare Podcast, Benjamin Wittes sits down with Professor Gabriella Blum, professor at Harvard Law School, and Dustin Lewis, a senior researcher at Harvard Law Schools’ Program on International Law and Armed Conflict, to discuss their new report written with Naz Modirzadeh entitled Medical Care in Armed Conflict: IHL and State Responses to Terrorism. The conversation takes a look at whether we should consider medical care a form of illegitimate support to terrorists. Their argument? We shouldn't, because IHL lays down extensive protections for medical care, and those protections in many instances should also constrain domestic material support cases. Yet the authors make clear that in their view, there's also more to be done, as there are gaps and weaknesses in the protections afforded by IHL itself.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From May 3, 2021: In the fourth episode of “After Trump,” the six-part limited podcast series based on the book, "After Trump: Reconstructing the Presidency," by Bob Bauer and Jack Goldsmith, we explore how and when a president is held to account for wild and sometimes criminal behavior.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's Trump's Trials and Tribulations, New York Trial Dispatch, May 10. Roger Parloff sat down with Benjamin Wittes, Anna Bower, and Business Insider's Jacob Shamsian to discuss what happened in the courtroom today.The podcast was edited by Noam Osband of Goat Rodeo. Our theme song is from Alibi Music.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

David Pozen is the Charles Keller Beekman Professor of Law at Columbia Law School and the author of the new book, “The Constitution of the War on Drugs,” which examines the relationship between the Constitution and drug prohibitions. He joined Jack Goldsmith to talk about the constitutional history of the war on drugs and why the drug war was not curbed by constitutional doctrines about personal autonomy, limits on the federal government’s power, the Equal Protection Clause, or the prohibition on cruel and unusual punishment. They also talked about whether the political process is working with advancing decriminalization and how this impacts the constitutional dimension of the drug war.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's Trump's Trials and Tribulations, New York Trial Dispatch, May 9. Roger Parloff sat down with Tyler McBrien, Benjamin Wittes, and Claire Meynial to discuss what happened in the courtroom today.The podcast was edited by Noam Osband of Goat Rodeo. Our theme song is from Alibi Music.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week, Alan, Quinta, and Scott were joined by Lawfare’s Fellow in Technology Policy and Law Eugenia Lostri, to to hash through the week’s big national security news, including:“Digital Solid Parody.” The Biden administration is making major moves when it comes to emerging technologies, with Secretary of State Antony Blinken rolling out a new multilateral strategy for “digital solidarity” this week at the annual RSA cybersecurity conference, among other actions. What is new about what the Biden administration is doing? And where will it lead? “Avengers’ Endgame.” Israeli military operations in Gaza may be entering a final stage, as forces may have begun an assault on Rafah—one that U.S. policymakers have warned against, as it could harm the countless Gazan civilians that have sought refuge there. Will this be a breaking point for U.S. support for Israeli military operations? And how will it impact ongoing ceasefire negotiations?“Stomp and Circumstance.” College campuses around the country are at a standstill due to student protests over U.S. support for the war in Gaza. Some universities have agreed to consider student demands, including divestment, while others have worked with local law enforcement to arrest protesters and break up encampments. How should universities (and the Biden administration) be responding?For object lessons, Alan endorsed the new period miniseries Fellow Travelers. Lacking any Menendez updates, Quinta broadened her beat to cover the new indictment of Rep. Henry Cuellar (D-TX). Scott sang the praises of a childhood classic he and his son have rediscovered, James Gurney’s “Dinotopia.” And Eugenia celebrated the early look at retirement provided by one of her favorite video games, Sims 4.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This episode of “Trump's Trials and Tribulations,” was recorded on May 8 in front of a live audience on YouTube and Zoom. Lawfare Editor-in-Chief Benjamin Wittes talked to Lawfare Senior Editor Roger Parloff, Managing Editor Tyler McBrien, and Legal Fellow and Courts Correspondent Anna Bower about Judge Cannon’s order suspending the trial start date of May 20 in the classified documents case, the Georgia Court of Appeals decision to hear former President Trump and his co-defendants’ appeal of Judge McAfee’s decision keeping DA Fani Willis on the case, and more. And of course they took audience questions from Lawfare Material Supporters on Zoom.To be able to submit questions to the panelists and receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.The podcast was edited by Noam Osband of Goat Rodeo. Our theme song is from Alibi Music.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The White House on April 30 released a “National Security Memorandum on Critical Infrastructure Security and Resilience.” According to the White House, the memo marks the beginning of a new comprehensive initiative to safeguard U.S. infrastructure against current threats and those on the horizon. The Department of Homeland Security is tasked with leading this effort—through coordination with other federal agencies, states and localities, and private-sector actors.Lawfare Research Fellow Matt Gluck discussed the memo and what it reveals about the U.S. strategy for protecting its critical infrastructure with Juliette Kayyem, a Professor of International Security at the Harvard Kennedy School. What does it mean to share responsibility and information in this context? How does geopolitics affect the United States’ approach to protecting critical infrastructure? Which types of infrastructure are more closely tied to national security than others?To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's Trump's Trials and Tribulations, New York Trial Dispatch, May 7. Roger Parloff sat down with Tyler McBrien, Benjamin Wittes, and Claire Meynial to discuss what happened in the courtroom today.The podcast was edited by Noam Osband of Goat Rodeo. Our theme song is from Alibi Music.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

David Ignatius has worked at the Washington Post for more than 35 years in various roles and won many awards. He has written a column on foreign affairs for 25 years and reported some of the most significant national security stories over the last couple of decades. And he has done it while pumping out best-selling spy thrillers.Lawfare Research fellow Matt Gluck spoke with Ignatius about his newest spy thriller, Phantom Orbit, which is a story of intelligence and the advance of space technology in the age of intensified geopolitical competition between the U.S., China, and Russia. They spoke about Ignatius’s character development in the book, what the book reveals about the new strategic space race, gender in the Central Intelligence Agency, and scientific discovery, among other things.For more about David:His book “Phantom Orbit”David’s Twitter PageChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Andrew Reddie is an Associate Research Professor of Public Policy at the University of California, Berkeley, and the founder and faculty director of the Berkeley Risk and Security Lab. Lawfare Managing Editor Tyler McBrien spoke with Andrew about wargaming as a tool to manage risk from war to climate—and beyond.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's Trump's Trials and Tribulations, New York Trial Dispatch, May 6. Roger Parloff sat down with Tyler McBrien, Benjamin Wittes, and Anna Bower to discuss what happened in the courtroom today.The podcast was edited by Noam Osband of Goat Rodeo. Our theme song is from Alibi Music.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On April 24, Lawfare Editor-in-Chief Benjamin Wittes delivered a Watson Distinguished Lecture at the Watson Institute for International and Public Affairs at Brown University to discuss the Israel-Gaza war and the implications for U.S. foreign and domestic policy. He talked about Israel’s incompatible objectives of freeing hostages and eradicating Hamas, the moral context of the war, U.S.-Israeli relations in this context, what the U.S. and Israel still have in common—and what they no longer have in common—in this environment, and how the war could affect U.S. presidential elections.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From April 9, 2021: Tensions are heating up between Russia and Ukraine, seven years after the seizure by the Russians of the Crimean Peninsula and the incursions into Eastern Ukraine. With troop movements and some saber rattling, is Vladimir Putin trying to send a message to Joe Biden, or perhaps to Ukrainian President Zelensky? Is he trying to satisfy domestic constituencies or distract them? Benjamin Wittes sat down with Alexander Vindman to talk about what Russia is doing and why, and what the Biden administration should do about it.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From March 7, 2015: This week, Israel's Prime Minister Benjamin Netanyahu delivered a controversial address to a joint session of Congress in a move not coordinated with President Barack Obama. The speech, repeatedly interrupted by thunderous applause, focused on the nature of the developing nuclear accord between the P5+1 and Iran and insisted a better deal was possible. The speech was also heavily colored by its proximity to the upcoming Israeli elections, with many Israel watchers wondering whether it was meant to play more to Israeli voters than to Congress. Just after Netanyahu's address, we invited Brookings Fellow Natan Sachs into the Lawfare studios to unpack the speech, including what it means for the US-Israeli relationship, the ongoing nuclear talks with Iran, and Bibi's chances in the upcoming election.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's Trump's Trials and Tribulations, New York Trial Dispatch, May 3. Benjamin Wittes sat down with Tyler McBrien and Anna Bower to discuss what happened in the courtroom today.The podcast was edited by Ian Enright of Goat Rodeo. Our theme song is from Alibi Music.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Over the past several years, governors around the country from both political parties have used their respective National Guards for an increasingly unconventional array of domestic missions, ranging from teaching in public schools to regulating immigration at the southern border. To discuss how this trend may impact the National Guard—and our broader democracy, particularly in this pivotal election year—Lawfare Senior Editor Scott R. Anderson recently sat down with a panel of senior former National Guard and Defense Department officials, including: General Craig McKinley, General Joseph Lengyel, Brigadier General Allyson Solomon, Major General Daryl Bohac, and former Assistant Secretary of Defense Dr. Paul Stockton. A video recording of the panel is available at https://www.brookings.edu/events/domestic-deployment-of-the-national-guard/. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's Trump's Trials and Tribulations, New York Trial Dispatch, May 2. Benjamin Wittes sat down with Tyler McBrien and Anna Bower to discuss what happened in the courtroom today.The podcast was edited by Ian Enright of Goat Rodeo. Our theme song is from Alibi Music.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week, Alan, Quinta, and Scott were joined by Lawfare Contributing Editor Eric Ciaramella to talk through the week’s big natsec stories, including:“Not Done Nyet.” U.S. foreign assistance is finally on its way to Ukraine, along with additional support from European allies. But will it be enough to solidify or advance the beleaguered Ukrainian military’s position? What is the state of the conflict and how does it look set to move forward?“Official Tracts.” Last week, the Supreme Court heard wide-ranging arguments in Trump v. United States, the appeal of Trump’s criminal prosecution for events related to Jan. 6 considering his far-reaching claims of presidential immunity. Several of the justices seemed quite committed to weighing in on where the lines of immunity should be drawn (even if few seemed to think they were relevant in this particular case), but there was far less consensus on the actual limits. Where is the Court headed and what will it mean for Trump’s prosecution? “Live and Let Modi.” The Washington Post has broken a major story suggesting that the United States inadvertently disrupted a plot by Indian intelligence to assassinate a Sikh dissident (and U.S. national) on U.S. territory. What will this major breach of sovereignty mean for the budding U.S.-India alliance? And how should the Biden administration manage it?For object lessons, Alan got on the Amor Towles admiration train and endorsed both his book “A Gentleman in Moscow” and the forthcoming TV adaptation. Quinta recommended the classic 2003 journalism period piece “Shattered Glass.” Scott log-rolled for a forthcoming project by our friends at Goat Rodeo and Project Brazen: Fur and Loathing, which looks at one of the most significant chemical weapons attacks in U.S. history, which took place at a 2014 convention for furries. And Eric shared a cultural lesson his Italian friend impressed upon him about the impropriety of drinking a cappuccino after 11:00am.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's another episode of “Trump's Trials and Tribulations,” recorded on May 1 in front of a live audience on YouTube and Zoom.Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Legal Fellow Anna Bower and Lawfare Senior Editors Roger Parloff and Quinta Jurecic to talk about state-level prosecutions of "fake electors," what Judge Cannon is up to in the classified documents case, and what has happened in the New York hush money and election interference trial so far. And of course, they took audience questions from Lawfare Material Supporters on Riverside. To receive ad-free podcasts and to be able to submit questions to the panelists, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

What do port cranes, TikTok, artificial intelligence, and connected vehicles have in common? They may all be subject to regulation by a new office within the Department of Commerce: the Office of Information and Communications Technology and Services (OICTS). Between 2019 and 2023, the president issued multiple executive orders aimed at securing the United States' information and communications technology and services. They focused on the supply chain, cybersecurity, sensitive data of U.S. persons, and artificial intelligence. And in 2023, OICTS was created to implement them.Executive Editor Natalie Orpett and Contributing Editor Brandon Van Grack spoke with the Office's Executive Director, Elizabeth Cannon. They talked about the Office's recent activities, who it regulates, and how it sets priorities. This is the latest episode in our special series, “The Regulators,” co-sponsored with Morrison Foerster, in which we talk with senior government officials working at the front lines of U.S. national security policy.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Dmitri Alperovitch is the author, with Garrett Graff, of the new book, “World on the Brink: How America Can Beat China in the Race for the Twenty-First Century.” He’s also the cofounder and chairman of Silverado Policy Accelerator. He joined Lawfare Editor-in-Chief Benjamin Wittes to discuss the book, tensions in the Taiwan Strait, deterring China from invading Taiwan, and the history of what Dmitri calls “Cold War II.”  To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's Trump's Trials and Tribulations, New York Trial Dispatch, April 30. Benjamin Wittes sat down with Tyler McBrien and Anna Bower to discuss what happened in the courtroom today.The podcast was edited by Ian Enright of Goat Rodeo. Our theme song is from Alibi Music.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

For a period of time in the 1960s, the Central Intelligence Agency was one of the biggest, if not the biggest, employer in the city of Miami. The CIA had set up a base of operations there, aimed primarily at undermining the regime of Cuban leader Fidel Castro. From those early days, writes historian Vince Houghton, the Cold War battle against communism shaped the city, which he says should rank among the world’s great capitals of espionage. Houghton and co-author Eric Driggs, both Miami natives, chronicle the city’s spooky history in their rolicking new book Covert City: The Cold War and the Making of Miami. Houghton spoke to Shane Harris about some of the colorful characters that span this decades-long story, why Miami has played such a pivotal role in the history of U.S. spying, and how the the Cuban intelligence service became one of the best in the world. The books, people, events, films, TV shows, video games, and actors discussed in this book include: Covert City https://www.hachettebookgroup.com/titles/vince-houghton/covert-city/9781541774575/?lens=publicaffairs The Mariel Boatlift https://www.washingtonpost.com/wp-srv/inatl/longterm/cuba/mariel_port.htm Operation Mongoose https://nsarchive.gwu.edu/briefing-book/cuba/2019-10-03/kennedy-cuba-operation-mongoose “Griselda” https://www.imdb.com/title/tt15837600/ “Contra,” the video game https://en.wikipedia.org/wiki/Contra_(video_game) Queen of Cuba: An FBI Agent's Insider Account of the Spy Who Evaded Detection for 17 Years by Peter J. Lapp, with Kelly Kennedy https://44thand3rdbookseller.com/book/9781637589595 Chatter episode about Montes with author Jim Popkin https://www.lawfaremedia.org/article/chatter-podcast-ana-montes-american-who-spied-cuba-jim-popkin 537 Votes https://www.imdb.com/title/tt13128292/?ref_=fn_al_tt_1 More about Vince Houghton https://www.nsa.gov/Press-Room/News-Highlights/Article/Article/2423003/from-soldier-to-scholar-vince-houghton-named-director-of-national-cryptologic-m/ https://twitter.com/intelhistorian?lang=en Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On April 24, President Joe Biden signed the National Security Package into law. It's a bundle of legislation that provides aid to Ukraine, Israel, and Taiwan and requires TikTok's Chinese parent company to divest from the app or face a national ban, among various other provisions. Lawfare Associate Editor Katherine Pompilio sat down with Lawfare Senior Editor Molly Reynolds to unpack what exactly is in the package and explore the legislation’s journey through Congress. They talked about the group of hardline Republicans that blocked the legislation in the House, how Speaker Mike Johnson had to rely on the help of Democrats to get the aid package for a vote on the House floor, how Majority Leader Chuck Schumer and Minority Leader Mitch McConnell worked together to get the legislation through the Senate to Biden’s desk, and more.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On March 20, the House of Representatives passed the Protecting Americans’ Data From Foreign Adversaries Act. The House bill was passed by the Senate on April 23 as part of the larger foreign aid package, which President Biden signed into law on April 24. Lawfare Senior Editor Stephanie Pell sat down with Justin Sherman, Senior Fellow at Duke University’s Sanford School of Public Policy, to talk about the benefits and limits of the new legislation, now law. They talked about the path that led to the bill’s passage in both the House and Senate, similarities and differences between this new legislation and a recent Executive Order focusing on the preventing the sale of American’s bulk sensitive personal data, and some ways the new law could be improved. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From September 28, 2020: It's been a wild few weeks with President Trump threatening to shut WeChat and TikTok out of the U.S. market and rip them out of the app stores. There have been lawsuits, a preliminary injunction—and a sudden deal to purchase TikTok and moot the issue out. To chew it all over, Benjamin Wittes spoke with Lawfare co-founder Bobby Chesney, a professor at the University of Texas at Austin Law School, and Jordan Schneider, the voice behind the podcast ChinaTalk. They talked about how we got here, whether the threat from these companies is real or whether this is more Trump nonsense, and whether the deal to save TikTok will actually work.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From June 15, 2019: Russian and Chinese leaders understand that they’re unlikely to win a shooting war with the United States, but they have other ways to challenge Western interests, turning our greatest strengths—open societies, dominance of technology on Earth and in space, and military innovation—into weaknesses.CNN anchor and chief national security correspondent Jim Sciutto calls it “the shadow war,” and it’s the subject of his new book of the same name. David Priess sat down with Jim to talk about these asymmetric threats to national security, and what the United States and its allies can do to fight back.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's Trump's Trials and Tribulations, New York Trial Dispatch, April 24. Benjamin Wittes sat down with Tyler McBrien and Anna Bower to discuss what happened in the courtroom today.The podcast was edited by Ian Enright of Goat Rodeo. Our theme song is from Alibi Music.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In today's Lawfare Podcast, Lawfare Executive Editor Natalie Orpett sat down with Lawfare Senior Editors Quinta Jurecic, Roger Parloff, and Alan Rosenstein. In a live conversation recorded less than an hour after Supreme Court Oral Arguments concluded, they discussed presidential immunity, and whether former president Trump is immune from prosecution for his alleged efforts to overturn the 2020 election.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's Trump's Trials and Tribulations, New York Trial Dispatch, April 24. Benjamin Wittes sat down with Tyler McBrien and Anna Bower to discuss what happened in the courtroom today.The podcast was edited by Ian Enright of Goat Rodeo. Our theme song is from Alibi Music.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week, Alan, Quinta, and Scott were finally reunited to talk through the week’s big natsec stories, including:“First is the Worst.” The historic first criminal trial of a former president has commenced in New York state courts. Both sides have sketched out their cases in opening arguments. What will the charges being brought against former President Trump relating to alleged hush money payments on his behalf mean for him and his 2024 presidential campaign?“Fair Whither Friend.” After months of delay that have, by some accounts, pushed Ukraine dangerously close to defeat, the House has finally passed legislation that would provide them with essential foreign assistance, alongside other aid packages for Israel and Taiwan as well as a handful of related foreign affairs measures. What is good, bad, and ugly about the package that finally got through? And what do the dynamics of its passage mean for other U.S. foreign policy interests in the near term?“The Clock is Tocking.” Among the side measures passed by the House and likely to be enacted into law is a bill targeting the popular social media platform TikTok — one that would ban that platform if its owners, ByteDance, do not divest due to concerns with the degree of control the Chinese government may have over it. But is this sort of regulation of a social media platform constitutional? And is banning one good policy?For object lessons, Alan finally put down the damn remote and recommended an actual book, Charles Mann’s “The Wizard and the Prophet,” about the competing, prescient visions of the future put forward by early 20th-century scientists William Vogt and Norman Borlaug. Quinta picked it up and urged listeners to check out the new documentary “Stormy,” about Stormy Daniels and the impact her alleged involvement with former President Trump and its aftermath has had on her life. And Scott shouted out one of his favorite purveyors of the silver screen, Alamo Drafthouse, and their thoughtful “sensory friendly” showings that turn up the lights and down the noise for those with young children or sensory sensitivities — something that recently allowed him and his wife to see “Dune 2” in the theater with a newborn in tow.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In today's Trump's Trials and Tribulations, Benjamin Wittes sat down with Tyler McBrien, Anna Bower, Quinta Jurecic and Roger Parloff for a round-up of the most recent news in all of Donald Trump's ongoing legal cases.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.The podcast was edited by Cara Shillenn of Goat Rodeo. Our theme song is from Alibi Music.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The annual U.S. Cyber Command (USCYBERCOM) Legal Conference convenes lawyers across government and the private sector working on cyber issues. This year’s conference focused on the power of partnerships. Executive Editor Natalie Orpett moderated a panel, titled “The Business of Battle: Navigating the Role of the Private Sector in Conflict,” featuring Jonathan Horowitz of the International Committee for the Red Cross, Laurie Blank of the Defense Department’s Office of the General Counsel, and Adam Hickey of the law firm Mayer Brown. They talked about how government and private sector actors bring different frames of reference and different equities when faced with a conflict, and how they can work together to address it.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's Trump's Trials and Tribulations, New York Trial Dispatch, April 23. Benjamin Wittes sat down with Tyler McBrien and Anna Bower to discuss what happened in the courtroom today.The podcast was edited by Ian Enright of Goat Rodeo. Our theme song is from Alibi Music.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

David Sanger has been writing for the New York Times since he graduated from college more than four decades ago. Over that period, Sanger has served as a business correspondent in Silicon Valley, the Times bureau chief in Japan, and has covered the last five presidents—which has given Sanger a front-row seat to U.S. foreign policy for much of the post-Cold War period. It is that experience that informs Sanger’s newest book, “New Cold Wars,” in which Sanger argues—relying on a voluminous and colorful set of interviews with administration officials—that the U.S. has entered two new military, technological, and economic conflicts with Russia and China.Lawfare Research Fellow Matt Gluck spoke about the book with Sanger. They discussed how the United States slipped into these conflicts through misreading Chinese and Russian geopolitical intentions and how the U.S. is seeking to navigate this new era. They also discussed how close Biden administration officials believed Vladimir Putin was to using a nuclear weapon in the fall of 2022.For more about David:His book “New Cold Wars”David's Twitter PageChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Noam Osband and Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Ambassador Robert Lighthizer is the former United States Trade Representative in the Trump administration and the author of the 2023 book, “No Trade Is Free: Changing Course, Taking on China, and Helping America's Workers.” He sat down with Jack Goldsmith to talk about his work as Deputy U.S. Trade Representative under President Reagan, why extreme neoliberal trade policy took hold in the 1990s, his core philosophy on trade and how it departed from the 1990s neoliberal consensus, and the main ways he implemented this view in the Trump administration and with what results. They also discussed the importance of the U.S.-Mexico-Canada Agreement and why it was controversial, the extent to which the Biden administration adopted Lighthizer’s views on free trade, and the relationship between national security and trade policy.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's Trump's Trials and Tribulations, New York Trial Dispatch, April 22. Tyler McBrien sat down with Benjamin Wittes and Anna Bower to discuss what happened in the courtroom today.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Lawfare’s Fellow in Technology Policy and Law, Eugenia Lostri, talks to Dr. Erica Lonergan, Assistant Professor in the School of International and Public Affairs at Columbia University. Dr. Lonergan recently authored a report making the case for establishing a U.S. Cyber Force as a way to address the military’s difficulty to recruit, train, and equip sufficient personnel to meet growing cyber challenges. They talked about the types of problems the cyber mission faces, different ways in which they can be addressed, and why establishing a distinct cyber force might be the best path forward.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Starting Monday, April 22, the Lawfare Podcast feed is gonna look a little different.Our daily show, the Lawfare Podcast, will remain on this feed, along with Rational Security and Chatter. We’ll also be adding some important new content as well.Starting with opening statements in the New York state court trial against Donald Trump, we will discuss the events of the day’s proceedings on a short livestream dispatch on our YouTube channel. These dispatches, which we’ll record after court lets out on trial days (Mondays, Tuesdays, Thursdays, and Fridays), will be available in podcast form on this feed the following day. They’ll be called Trump Trials & Tribulations: N.Y. Trial Dispatch.Our weekly Trump’s Trials & Tribulations livestream, which we’ve been holding on Thursdays, will move to Wednesday afternoons, when court is not in session. (We’ve been releasing podcast versions of the livestream on Saturdays; these will move to Thursdays.) In addition to a short overview of the previous week’s proceedings in the New York case, we will continue to bring you updates on the cases in Florida, Fulton County, and Washington, D.C. As always, our Material Supporters will be able to join the discussion via Riverside and ask questions live.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, Alan and Quinta sat down with Lawfare Editor-in-Chief Benjamin Wittes to talk through the week’s big national security news, including:“Ayatollahs and Airstrikes.” In retaliation for an Israeli strike that killed several high-ranking Iranian military officers in Syria, over the weekend Iran launched a wave of drone and missile attacks against Israel. The vast majority of these were shot down by Israel and its allies, including notably Jordan, causing minimal injuries and damage in Israel. As Israel considers whether to respond, its American and European allies are putting pressure on it to deescalate. What’s Israel’s next move and can broader regional war be avoided?“Beginning of the end or just the end of the beginning?” It has been six months since Hamas’s attack on October 7 and the start of Israel’s war in Gaza, which appears to be entering a new, potentially lower-intensity phase. Israel has withdrawn most of its troops from southern Gaza, although it still argues that it needs to invade Rafah, on the border with Egypt, to defeat Hamas. Meanwhile, violence between Jewish settlers and Palestinians in the West Bank continues to increase. What’s next in the ongoing conflict?“What’s a little obstruction between friends?” Earlier this week, the Supreme Court heard oral argument in Fischer v. United States, a case challenging the government’s use of a common statute used to prosecute participants in the Jan. 6 attack on the Capitol. The six conservative Justices appeared skeptical of the government’s argument that a statute that makes it a crime to “obstruct any official proceeding” applies to physical disruptions. How is the Court likely to rule and how might such a ruling affect Donald Trump’s federal trial for trying to overthrow the 2020 election?For object lessons, Quinta recommended a throwing-the-wife-under-the-bus update in New Jersey's Senator Bob Menendez's ongoing legal troubles, and Alan and Ben both recommended excellent, if anxiety-inducing, national security themed movies: the recently released Civil War and the upcoming War Game.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's another episode of “Trump's Trials and Tribulations,” recorded on April 18 in front of a live audience on YouTube and Riverside. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor Roger Parloff to talk about oral arguments at the Supreme Court in Fischer v. United States, over an obstruction charge used to charge hundreds of Jan. 6 defendants, including former President Trump. They checked in on Judge Cannon and last week's hearing on motions from Trump's co-defendants, De Oliveira and Nauta. They also checked in with Lawfare Managing Editor Tyler McBrien to discuss the ongoing jury selection in the hush money case in New York, why it is going faster than expected, and whether we can really expect opening statements to occur on Monday. And of course, they took audience questions from Lawfare Material Supporters on Riverside.To receive ad-free podcasts and to be able to submit a question to the panelists, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From November 29, 2017: The Supreme Court heard oral arguments Wednesday in Carpenter v. United States, a major Fourth Amendment case asking whether a warrant is necessary before law enforcement can obtain cell site data identifying a suspect phone's location from a service provider. Lawfare contributor and Fourth Amendment expert Orin Kerr discussed the case with Benjamin Wittes at Brookings shortly after the argument.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

NATO recently had its 75th birthday. And many say its trajectory traces the adage, “the more things change, the more they stay the same.” That is, at least in some ways, NATO has returned to its original mission of collective self-defense. This means the alliance is concentrating less on out-of-area operations that have occupied much of its focus since the end of the Cold War. The transition comes at a time when many are questioning the U.S.’s long-term commitment to its NATO allies, especially in light of former President Trump’s recent comments about burden sharing within the alliance. Lawfare Research Fellow Matt Gluck discussed NATO’s current and likely future posture with Sara Moller, Associate Teaching Professor in the Security Studies Program at Georgetown University. They spoke about NATO’s role in the war in Ukraine, the alliance’s focus in the Indo-Pacific, and how NATO is balancing arms control with maintaining strong nuclear deterrence.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Author and speaker Virginia Postrel has spent many years researching and writing about, among other things, various aspects of the economics and societal context of fashion, glamour, and consumer choice. A few years ago her book The Fabric of Civilization tackled the history and global effects of fabric-making, dyeing, the clothing trade, and other textile-related activities. So when host David Priess had his curiosity piqued by some displays at the International Spy Museum related to silk, dyes, and espionage, he knew who to call.David talked to Virginia about the origins of string and of fabric, togas in fiction and reality, the value of purple in the Roman Empire, the importance of fabrics for outfitting armies and making warships' sails, the development of weaving, how textile merchants led to the modern political economy, Jakob Fugger, Chinese silk and espionage, Spain's 200 year monopoly on vibrant reds, efforts to steal Spain' cochineal secret, the long history of indigo, French efforts to steal Indian indigo, the invention of synthetic dyes, modern sneaker culture and conceptions of value, Jackie Kennedy, fashion and glamour on the world stage today, and more.Among the works mentioned in this episode:The book The Fabric of Civilization by Virginia PostrelThe TV show The VikingsThe Chatter podcast episode Private Sector Intelligence with Lewis Sage-Passant, June 9, 2022Virginia Postrel's YouTube channelThe book The Power of Glamour by Virginia PostrelThe Star Wars prequel moviesThe TV show Game of ThronesThe TV show The RegimeThe article "Trump isn't just campaigning; He's selling his supporters a glamorous life" by Virginia Postrel, Washington Post, March 18, 20The movie The Hunger GamesThe book The Rosie Project by Graeme SimsionThe book Fifth Sun by Camilla TownsendChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

One year ago, fighting broke out in Sudan between the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF). In the intervening months, the death toll and humanitarian cost have been immense. And yet, the suffering has gone largely overlooked by the United States and European nations. As U.S. Ambassador to the UN Linda Thomas-Greenfield recently said, “Just five years after a revolution that offered a glimpse at a free, peaceful, democratic Sudan, people are losing hope. Aid workers have begun calling this conflict the forgotten war. Sudanese children are asking why the world has forgotten them.”To learn more, Lawfare Managing Editor Tyler McBrien sat down with Reva Dhingra, a Policy Adviser at the International Rescue Committee, and Ciarán Donnelly, a Senior Vice President for International Programs, also at the IRC. They discussed the roots of the current conflict, the spillover effects, and the exacerbating effects of climate change. They also heard about what Ciarán saw on his recent trip to the Sudan-Chad border. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Last week, the House passed an overhaul and reauthorization of the FISA 702 program, a bill which now heads to the Senate for final passage. In the run-up to Senate consideration of it, Assistant Attorney General for National Security Matt Olsen joined Lawfare Editor-in-Chief Benjamin Wittes to talk about the House bill. They talked about the new constraints it imposes on the Justice Department and the FBI, what it doesn't do, the warrant requirement that isn't there, some other provisions that have generated controversy, and the bill's prospects in the Senate this week.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Friday morning, the House of Representatives suddenly—after failing to do so earlier in the week—took up the reauthorization of FISA 702. They considered a bunch of amendments, one of which failed on a tie vote, and then proceeded to pass reauthorization of 702. Immediately after the votes, Lawfare Editor-in-Chief Benjamin Wittes spoke with Lawfare Senior Editors Stephanie Pell and Molly Reynolds, and Lawfare Student Contributor Preston Marquis. They talked about how the center beat the coalition of the left and right on the key question of warrant requirements for U.S. person queries, about whether the civil liberties community gained anything in this protracted process or whether the administration just kicked its butt, about what happens now as the bill goes back to the Senate, and about all the little details that went into this bill. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Today marks the start of the first criminal trial of former President Donald Trump in New York City. Trump is facing 34 felony counts for his alleged falsification of business records related to hush money payments to Stormy Daniels and others after the 2016 election. After months of pretrial hearings, motions to dismiss and for an adjournment, motions for recusal, and more, jury selection in the case begins today.In light of today’s events, Lawfare Associate Editor Katherine Pompilio sat down with Lawfare Legal Fellow and Courts Correspondent Anna Bower, Lawfare Managing Editor Tyler McBrien, and Lawfare Senior Editor Roger Parloff who will be covering the trial at length. They discussed the case’s background, Trump’s various attempts to delay the proceedings, how jury selection will work, our plans for covering the trial, and more.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, Alan and Quinta were joined again by Brookings Senior Fellow and Lawfare Senior Editor Molly Reynolds to talk over the week’s national security news, including:“The 702nd Time’s the Charm?” Section 702 of the Foreign Intelligence Surveillance Act was originally set to expire on December 31, 2023. But somehow, Congress has managed to keep kicking the can down the road—and we’re once again in the middle of an argument about whether and to what extent the legislature should reform the bulk surveillance authority. How did we end up here, and is there any indication that Congress will manage to pass a lasting reauthorization in some form this time around?“Magic Mike.” Speaker of the House Mike Johnson’s troubles don’t stop with FISA, however. He’s also tangled up in a prolonged dispute with his caucus over the U.S. aid to Ukraine—which is becoming a matter of rapidly increasing urgency, with Ukrainian President Volodymyr Zelensky warning that his country “will lose the war” if the aid is not approved. Johnson now says he’ll put his own aid package on the table, still tying that aid to another tranche of aid to Israel. But will the House actually vote this time, or is this just another head fake?“Finally, We Can Talk About Linux.” A few weeks ago, a single software engineer alerted the world to an alarming discovery: malicious code inside a key piece of Linux software that, had it gone undetected, could have caused a catastrophic cyberattack. What on earth actually happened here? And what could stop it from happening again?For object lessons, Alan recommended an adorable giraffe growth chart for keeping track of your child's height. Quinta took a cue from Molly and endorsed a podcast by a local NPR affiliate—“Lost Patients,” a series about mental health care from KUOW and the Seattle Times. And Molly shared a story about misprinted pens from the Clinton impeachment trial, as told in Peter Baker’s book "The Breach."Other references from this week’s show:A chart explaining how dark it gets during a total solar eclipseBruce Schneier’s Lawfare article about the XZ Utils backdoorTo receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's another episode of “Trump's Trials and Tribulations,” recorded on April 11 in front of a live audience on YouTube and Riverside. Lawfare Senior Editor Quinta Jurecic sat down with Legal Fellow Anna Bower and Senior Editor Roger Parloff to talk about the upcoming jury selection in the hush money case against Trump in New York City and what Judge Cannon is up to in Florida, including her ruling on whether to unseal witness names. They also checked in on Fulton County to see what Fani Willis was up to and talked about Jack Smith's brief to the Supreme Court in Trump's presidential immunity defense. And of course, they took audience questions from Lawfare Material Supporters on Riverside.To receive ad-free podcasts and to be able to submit a question to the panelists, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From January 17, 2015: This week, Ben Wittes and Matt Waxman sat down with Daniel Reisner, former head of the International Law Branch of the Israeli Defense Forces and current partner with Herzog, Fox and Neeman. Reisner has also served as a senior member of Israel’s peace delegations over the years, participating in negotiation sessions and summits including those at Camp David. He continues to advise senior members of the Israeli government on a variety of issues relating to international law and operational security issues. Colonel Reisner was in New York on a visit sponsored by Academic Exchange for a series of events and discussions on contemporary national security challenges. His experiences set up a wide-ranging conversation touching on everything from the law of targeted killing to the role of morality in operational law advice.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The Insurrection Act is a provision that allows the president to deploy the U.S. military for domestic law enforcement. It’s been invoked dozens of times by presidents to respond to crises in the over 230 years that it’s been around, but it hasn’t been reformed in centuries. In recent years, the Insurrection Act has come back into public focus because of its implication in a number of domestic crises, prompting a renewed conversation about whether it’s finally time to curb the sweeping powers afforded to the executive in this unique federal law.On April 8, the American Law Institute released a set of principles for Insurrection Act reform, prepared by a group of 10 individuals with backgrounds in constitutional law, national security law, and military law. The co-chairs of this group were Jack Goldsmith, Lawfare Co-Founder and Harvard Law School Professor, and Bob Bauer, Professor of Practice and Distinguished Scholar in Residence at New York University School of Law. They joined Lawfare Associate Editor Hyemin Han to talk about the history of the Insurrection Act, to parse out the recommendations the American Law Institute is making for reform, and to make the case for reforming the act in 2024. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

For decades, country music has had a close and special relationship to the U.S. military. In his new book, Cold War Country, historian Joseph Thompson shows how the leaders of Nashville’s Music Row found ways to sell their listeners on military service, at the same time they sold country music to people in uniform.Shane Harris spoke with Thompson about how, as he puts it, Nashville and the Pentagon “created the sound of American patriotism.” Thompson’s story spans decades and is filled with famous singers like Roy Acuff, Elvis Presley, Merle Haggard, and Lee Greenwood. Collectively, Thompson says, these artists helped to forge the close bonds between their genre and the military, but also helped to transform ideas of race, partisanship, and influenced the idea of what it means to be an American. Songs, people, TV shows, and books discussed in this episode include: Thompson’s book Cold War Country: How Nashville's Music Row and the Pentagon Created the Sound of American Patriotism https://uncpress.org/book/9781469678368/cold-war-country/ “Goin’ Steady” by Faron Young https://www.youtube.com/watch?v=MNqhVyPxPk8 Grandpa Jones https://www.countrymusichalloffame.org/hall-of-fame/grandpa-jones “Hee Haw” https://www.heehaw.com/ The Black Opry https://www.blackopry.com/ “Okie from Muskogee” by Merle Haggard https://www.youtube.com/watch?v=68cbjlLFl4U “Cowboy Carter” by Beyoncé https://www.rollingstone.com/music/music-news/beyonce-cowboy-carter-tops-country-album-chart-number-one-1234998548/ “God Bless the U.S.A.” by Lee Greenwood https://www.youtube.com/watch?v=-KoXt9pZLGM Learn more about Joseph Thompson and his work: https://www.josephmthompson.com/ https://www.history.msstate.edu/directory/jmt50 https://twitter.com/jm_thompson?lang=en Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Last week, 40 Democratic members of the House of Representatives wrote a letter to President Biden expressing concern and outrage over an Israeli airstrike that killed seven aid workers from the World Central Kitchen. The lawmakers urged the president to reconsider his recent authorization of an arms transfer package to Israel and withhold any future offensive arms transfers if the strike was found to have violated U.S. or international law. They also urged Biden to withhold arms transfers if the humanitarian situation in Gaza continues to deteriorate. Lawfare Managing Editor Tyler McBrien sat down with Sarah Harrison, a Senior Analyst with the International Crisis Group’s U.S. program and former Associate General Counsel at the Defense Department’s Office of General Counsel, International Affairs. They talked about the laws and policies that govern U.S. security assistance, what recent reporting may or may not tell us about Israel’s law of war compliance, and the difficulty of some of these assessments. They also discussed what President Biden risks by not applying conditions on military aid abroad.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Hosted by the William and Flora Hewlett Foundation Cyber Initiative and Aspen Digital, Verify 2024 brings together journalists and cyber and tech policy experts to discuss critical issues in cybersecurity. For this live recording of the Lawfare Podcast, Lawfare Editor-in-Chief Benjamin Wittes sat down at Verify 2024 to talk about information ecology and 19th-century naturalism with Alicia Wanless, the Director of the Partnership for Countering Influence Operations at the Carnegie Endowment for International Peace, and Chinmayi Sharma, an Associate Professor at Fordham Law School.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In the early morning on March 26, a Singapore-flagged cargo ship crashed into Baltimore’s Francis Scott Key Bridge. The bridge collapsed, resulting in the death of six of the eight individuals conducting maintenance on the bridge. The incident has disrupted commuter traffic and the transport of hazardous materials, and it has halted shipping traffic at the Port of Baltimore, among other effects.Lawfare Research Fellow Matt Gluck discussed the bridge’s collapse, how authorities responded to it, and what it all means for the resilience of U.S. critical infrastructure and the state of crisis response with Juliette Kayyem, a professor of international security at the Harvard Kennedy School—who recently wrote a book on disaster management. Was the bridge adequately protected? How should governments and the private sector prepare to both prevent crises, but perhaps more importantly, prepare for the aftermath when they inevitably occur? To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

There is a lot to keep up with in U.S. cybersecurity law and policy these days. To talk about the current regulatory landscape and the progression of the DOJ’s strategy relating to takedown and disruption efforts, Lawfare Senior Editor Stephanie Pell sat down with Jim Dempsey, Senior Policy Advisor at the Stanford Program on Geopolitics, Technology, and Governance, and John Carlin, Partner at Paul Weiss. They talked about the SEC’s cyber disclosure rule, the new executive order focused on preventing access to Americans’ bulk sensitive personal data, the LockBit and Volt Typhoon disruption efforts, and more. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, Alan and Quinta were joined by Lawfare Executive Editor Natalie Orpett to talk through the week's big national security news, including:“A Gag Order Prevents Me From Telling You What This Segment Is Called.” After former President Donald Trump attacked the daughter of Justice Juan Merchan, who is overseeing his New York hush-money trial, Justice Merchan expanded the gag order he had previously imposed to prohibit Trump from attacking his family. This is only the latest in what has become a pattern of Trump testing gag orders in his many legal cases. Why have gag orders become such an important part of the Trump cases and how far should they reach?“The Global Importance of the Middle East Is That It Keeps the Far East and the Near East From Encroaching on Each Other.” Even by the standards of the last few months, it’s been a particular busy week in Israel. In just 48 hours, an Israeli strike in Syria killed high-level Iranian military officials, another strike in Gaza killed several aid workers in a World Central Kitchen convoy, and a controversy around conscripting ultra-Orthodox men into the IDF is threatening Benjamin Netanyahu’s coalition. What comes next and is the crisis in the Middle East entering an even more chaotic period?“Disinformation Peking Turducken.” An amazing thread on X involving Alex Jones, Russian lies about the CIA sending Nazis to fight in Ukraine, and a Chinese MAGA disinformation campaign is a preview of just how messy the 2024 electoral season is going to be. Is this just 2016 all over again, and what, if anything, can be done to safeguard the U.S. information space against foreign actors?For object lessons, Alan suggested the new Netflix adaptation of the "3 Body Problem", Quinta shared a New Yorker article about the United Kingdom's recent decline, and Natalie recommended the Serial podcast's new season on Guantánamo Bay.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's another episode of “Trump's Trials and Tribulations,” recorded on April 4 in front of a live audience on YouTube and Riverside. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Legal Fellow Anna Bower and Lawfare Senior Editors Roger Parloff and Quinta Jurecic to talk about Judge Cannon's order denying both Trump's motion to dismiss the classified documents case based on the Presidential Records Act and Jack Smith's request for a ruling on jury instructions prior to trial. They also discussed the preliminary ruling in Jeffrey Clark's bar discipline hearing, Judge McAfee's order denying Trump's motion to dismiss criminal charges in Fulton County on First Amendment grounds, and Justice Merchan's expanded gag order against Trump in New York. And of course, they took audience questions from Lawfare Material Supporters on Riverside.To receive ad-free podcasts and to be able to submit questions to the panelists, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From December 2, 2020: The top Iranian nuclear scientist has been killed, apparently in an Israeli strike. Mohsen Fakhrizadeh, who has long been the mastermind of the Iranian nuclear program, was gunned down in an attack with a remote control machine gun. Iranian reprisals are expected, although their timing and nature is not clear. It also puts the incoming Biden administration, which is looking to bring back the Iran nuclear deal, in a bit of a pickle.To chew it all over, Benjamin Wittes sat down with Scott R. Anderson, international law specialist and Lawfare senior editor; Suzanne Maloney, the vice president and director of the Foreign Policy Program at the Brookings Institution and an Iran scholar; and Natan Sachs, director of the Center for Middle East Policy at Brookings where he focuses on Israeli policy. They talked about why the Israelis would conduct this operation, how effective its killing of Iranian nuclear scientists has been, whether any of it is legal and what it means for the future of U.S.-Iran relations.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

A new report from the POPVOX Foundation focuses on a little-known and hugely under-appreciated congressional effort: that of congressional staffers helping Afghan allies flee the country during the U.S. withdrawal from Afghanistan  Lawfare Executive Editor Natalie Orpett sat down with the report’s author, Anne Meeker. They talked about what staffers did to help, the challenges they faced, and how the experience exposed both weaknesses and strengths in how Congress functions. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The "deep state." The "blob." Foreign policy elites are often so labeled, misunderstood, and denigrated. But what influence on presidents and on public opinion do they actually have?Elizabeth Saunders, professor of political science at Columbia, has researched this topic deeply and written about it in her new book, The Insiders' Game. David Priess spoke with her about her path to studying foreign policy, the ups and downs of archival research, the meaning of foreign policy "elites," the differences between the influences of Democratic and Republican elites, a counterfactual President Al Gore's decisionmaking about invading Iraq, pop cultural representations of foreign policy elites, how heightened polarization changes the dynamics of elite influence, and more.Among the works mentioned in this episode:The book The Insiders' Game by Elizabeth SaundersThe book Leaders at War by Elizabeth SaundersThe TV show The West WingThe movie The Hunt for Red OctoberThe TV show The DiplomatThe TV show The AmericansThe movie Thirteen DaysThe article "Politics Can't Stop at the Water's Edge" by Elizabeth Saunders, Foreign Policy (March/April 2024)Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Paul Beckett was the Washington Bureau Chief of the Wall Street Journal. But since the arrest of the newspaper's Russia correspondent, Evan Gershkovich, last year in Russia on bogus spying charges, he has been working full time on advocating for the reporter's release. In connection with the one-year anniversary of Gershkovich's arrest, he joined Lawfare Editor-in-Chief Benjamin Wittes to discuss the case. What do we know about the charges against the young reporter? What is the U.S. government doing to secure his release? What progress, if any, has been made? And how is Gershkovich holding up in prison in Moscow?To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The use of AI to make decisions about individuals raises the issue of contestability. When automated systems are used by governments to decide whether to grant or deny benefits, or calculate medical needs, the affected person has a right to know why that decision was made, and challenge it. But what does meaningful contestability of AI systems look like in practice?To discuss this question, Lawfare's Fellow in Technology Policy and Law Eugenia Lostri was joined by Jim Dempsey, Senior Policy Advisor at the Stanford Cyber Policy Center, and Ece Kamar, Managing Director of the AI Frontiers Lab at Microsoft. In January, they convened a workshop with stakeholders across disciplines to issue recommendations that could help governments embrace AI while enabling the contestability required by law. They talked about the challenges that the use of AI creates for contestability, how their recommendations align with recently published OMB guidelines, and how different communities can contribute to the responsible use of AI in government. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The Federal Trade Commission’s data, privacy, and AI cases have been all over the news recently, from its proposed settlement with Avast Antivirus to its lawsuit against data broker Kochava.Lawfare Contributor Justin Sherman sat down with Ben Wiseman, the Associate Director of the Division of Privacy and Identity Protection at the FTC, who oversees a team of attorneys and technologists working on technology and consumer protection. They discussed the FTC’s recent focus on health, location, and kids’ privacy; its ongoing data privacy and security rulemaking; and how the FTC looks beyond financial penalties for companies to prevent and mitigate harm to consumers.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In early February, the European Union approved a major overhaul of its immigration laws. If approved by EU member states, the pact will drastically curtail the rights of migrants and asylum seekers entering the European Union. It’s part of a trend we’re seeing all over the world, including here in the U.S.  Lawfare Executive Editor Natalie Orpett sat down with Steve Meili, Professor of International Human Rights Law at University of Minnesota Law School. They discussed the EU Pact’s new provisions, why critics are calling them a violation of human rights law, and how asylum and migration law is evolving globally. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, Alan and Quinta were joined again by Lawfare Managing Editor Tyler McBrien and Lawfare Foreign Policy Editor Daniel Byman—also of Georgetown University and the Center for Strategic and International Studies— to talk over the week’s national security news, including:“Terror in Moscow.” On Friday, March 22, a group of gunmen unleashed an attack on a concert hall outside Moscow that killed over 130 people, shooting into a crowd of concertgoers before setting the hall on fire. The Islamic State in Khorasan, the Afghanistan branch of ISIS known as ISIS-K, quickly claimed credit for the attack, and Russian authorities have arrested four suspects. The Kremlin, without evidence, has also continued to hint that Ukraine is somehow responsible. What does the attack tell us about ISIS-K, and what does it mean for the Russian government?“April, Come She Will.” After a brief delay, Donald Trump’s hush money trial in Manhattan has been scheduled to begin on April 15—the first of Trump’s criminal cases to go to trial. Meanwhile, a New York appeals court threw Trump a lifeline, reducing his appeal bond in the civil fraud case against him from half a billion dollars to $175 million. Will ol’ Donny Trump be able to wriggle out of this jam once again?“Come On, Aileen.” Judge Aileen Cannon is at it again down in Fort Pierce, Florida. As she presides over Trump’s classified documents case, motions are piling up on her desk without any sign of a ruling, and she issued a strange, convoluted order instructing both parties to “engage with” potential jury instructions reflecting unusual readings of the Presidential Records Act in relation to the Espionage Act. Just what is Judge Cannon doing? And how, if at all, can Jack Smith respond? For object lessons, Alan endorsed the podcast “Next Year in Moscow,” on Russians living in exile who departed their country after the beginning of Putin’s war with Ukraine. Tyler sang the praises of Waxahatchee’s new album “Tigers Blood.” And Quinta recommended a reflection on Baltimore’s collapsed Francis Scott Key Bridge.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's another episode of “Trump's Trials and Tribulations,” recorded on March 28 in front of a live audience on YouTube and Riverside. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Legal Fellow Anna Bower, Managing Editor Tyler McBrien, Associate Editor Katherine Pompilio, and Senior Fellows Roger Parloff and Quinta Jurecic to talk about the Monday hearing in New York where Judge Merchan ordered a new trial start date of April 15, the Thursday motions hearing in Fulton County, and why the Fulton County case isn't stayed as the defendants appeal Judge McAfee's decision to not disqualify DA Fani Willis. They also discussed Roger Parloff's article about what the government can do about Judge Cannon's odd proposed jury instructions and the bar discipline proceedings against John Eastman and Jeffrey Clark. And of course, they took audience questions from Material Supporters on Riverside.To be able to submit questions to the panelists, become a Material Supporter at lawfaremedia.org/support.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From April 7, 2018: Vladimir Kara-Murza is the vice chairman of Open Russia, the founder of the Boris Nemtsov Foundation and a contributing opinion writer for the Washington Post. On Wednesday, Kara-Murza spoke to Alina Polyakova about last month's presidential elections in Russia, the poisoning of Sergei Skirpal, and the future of Russia under and after Putin.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Shannon Togawa Mercer served as Lawfare's Managing Editor and then went on to quite a career shift. She now negotiates with ransomware bad actors. She is a cybersecurity and privacy lawyer at WilmerHale and has developed a specialized practice in responding to cybersecurity incidents, many of them involving foreign malware gangs.  She joined Lawfare Editor-in-Chief Benjamin Wittes to talk about this odd area of legal practice. Why do you need a big law firm when your computer files are suddenly frozen? Is it legal to negotiate with and pay off foreign ransomware gangs? How do you do the negotiations anyway? Do they cut you a deal if you're polite? And what is it like to be recruited by the malware gangs that you are negotiating with? Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Without warning, North Korea launches a nuclear-armed intercontinental ballistic missile at the United States. American satellites detect the launch within seconds, setting off a frantic, harrowing sequence of events that threatens to engulf the planet in a nuclear holocaust. That’s the terrifying hypothetical storyline that journalist Annie Jacobsen imagines in her new book. It’s a minute-by-minute, and occasionally second-by-second account of how the vast U.S. national security apparatus would respond to a “bolt out of the blue” attack with a nuclear weapon. It’s a riveting story and the supreme cautionary tale. Shane Harris spoke with Jacobsen about the book, the present threat of a nuclear world war, and her body of work, which has dug deeply into the dark corners of intelligence and national security. Books, interviews, movies and TV shows discussed in this episode include:  Nuclear War: A Scenario https://www.penguinrandomhouse.com/books/748264/nuclear-war-by-annie-jacobsen/ Chatter interview with A.B. Stoddard about The Day After https://www.lawfaremedia.org/article/chatter-the-day-after-and-dad-with-a.-b.-stoddard Top Gun: Maverick https://www.imdb.com/title/tt1745960/?ref_=nv_sr_srsg_0_tt_8_nm_0_q_top%2520gun Tom Clancy’s Jack Ryan https://www.imdb.com/title/tt5057054/?ref_=nv_sr_srsg_0_tt_3_nm_5_q_jack%2520ry Find out more about Annie Jacobsen on:  Her Website: https://anniejacobsen.com/ Twitter: https://twitter.com/anniejacobsen?lang=en Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

One of the gravest threats to U.S. national security today—and also one of the newest—is the risk of cyberattacks. They come in many forms, and they can incapacitate companies, institutions, and even the government. To better understand these threats—and how the government is responding to them­—Lawfare Executive Editor Natalie Orpett and Lawfare Contributing Editor Brandon Van Grack sat down with Brett Leatherman, Deputy Assistant Director for Cyber Operations at the FBI. They discussed the FBl's recent operations, threats from both state actors and criminal gangs, and the role of the private sector in U.S. cybersecurity.This is the latest episode in our special series, “The Regulators,” co-sponsored with Morrison Foerster, in which we talk with senior government officials working at the front lines of U.S. national security policy.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Benjamin Nathans is a professor of Russian and Soviet history at the University of Pennsylvania, with a particular specialty in the history of Russian and Soviet dissidents. He joined Lawfare Editor-in-Chief Benjamin Wittes to talk about the legacy of Alexei Navalny, his life and death, and how Navalny was similar to and different from other dissidents, both recent and historic. They talked about how his death was related to the sham elections in Russia and the protests that he earned in response to those elections, whether there is anybody who can carry the flag that he bore going forward, and the future of the Russian liberal movement.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In February, Special Counsel Robert Hur released a report declining to prosecute President Biden for his handling of classified material. Earlier this month, Hur testified before the House Judiciary Committee answering questions from irritated members on both sides of the aisle who were critical of Hur’s work. Hur’s report and its fallout have reignited long-simmering questions about the usefulness of the special counsel as an institution. Lawfare Research Fellow Matt Gluck sat down with an all-star crew of Lawfare regulars—Lawfare Editor-in-Chief Benjamin Wittes, Lawfare Co-Founder and Harvard Law School Professor Jack Goldsmith, Lawfare Senior Editor Quinta Jurecic, and Lawfare Contributing Editor and former career federal prosecutor Chuck Rosenberg—to break it all down. They discussed the history of the special counsel institution and its predecessors, its current flaws, and how it should change. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

One year ago, Elizabeth Tsurkov, a graduate student at Princeton University, was abducted by the terrorist organization Kata'ib Hezbollah in Baghdad, where she was doing fieldwork. Since that day, her sister, Emma Tsurkov, has been campaigning for and seeking her release. On Thursday, Emma Tsurkov held a rally outside the Iraqi embassy, demanding action to free her sister. Afterward, she sat down with Lawfare Editor-in-Chief Benjamin Wittes to discuss her sister's very upsetting case. Who is Kata'ib Hezbollah, and why are they holding hostage an Israeli graduate student? Who is Elizabeth Tsurkov, and how did she come to be in Baghdad in the first place? Which government is responsible for securing her release? And why does the United States keep providing military aid to a government that is in bed with Kata'ib Hezbollah, a designated Foreign Terrorist Organization? Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, Alan and Quinta were joined by Lawfare Managing Editor Tyler McBrien and Lawfare Legal Fellow and Courts Correspondent Anna Bower to talk through the week's big national security news, including:“No v. Wade.” The long saga of the personal relationship between Fani Willis, the Fulton County District Attorney prosecuting Donald Trump for election interference, and Nathan Wade, the prosecutor Willis put in charge of the case, hit an inflection point when Judge Scott McAfee, who is overseeing the criminal case, ruled that, though there was no actual conflict of interest, “the appearance of impropriety remains,” and ordered Willis to either recuse herself from the case or to remove Wade from his role as prosecutor. Wade promptly resigned, clearing the way for the case to continue. Is this the right resolution to the controversy, and what does it say about the future of the Fulton County case, especially if Trump appeals and tries to force Willis’s disqualification?“Pleading the Fifth…Circuit.” In a sign that even the conservative Justices of the Supreme Court may be losing patience with the Fifth Circuit, Missouri received a chilly reception in oral argument on Monday when it tried to defend a circuit opinion preventing the government from virtually any communication with social media companies about removing misinformation and harmful content. How is the Supreme Court likely to rule and what should the rule be when it comes to concerns around government “jawboning.”“Psy-Oops.” Reuters has reported that, during the Trump administration, the CIA engaged in an influence operation on Chinese social media to spread negative information about Xi Jinping and other Chinese leaders. Was it effective, was it a good idea, and what should U.S. intelligence priorities be with regard to China?For object lessons, Quinta shared a wild story about a pro-Trump lawyer arrested on a bench warrant while in court. Alan recommended a new Guy Ritchie show. And Tyler shared Quinta's brilliant visual aid to understanding Trump's litigation delay tactics.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's another episode of “Trump's Trials and Tribulations,” recorded on March 21 in front of a live audience on YouTube and Riverside. Lawfare Senior Editor Quinta Jurecic sat down with Lawfare Editor-in-Chief Benjamin Wittes and Lawfare Senior Editor Roger Parloff to talk about Trump's SCOTUS brief in his presidential immunity appeal and recent evidentiary rulings from Judge Merchan in the New York criminal case against Trump. They also discussed Judge Cannon's odd proposed jury instructions, the relevance—or irrelevance—of the Presidential Records Act in the Mar-a-Lago case, and how the government may proceed. And of course they took audience questions from Lawfare Material Supporters on Riverside.To be able to submit questions to the panelists, become a Material Supporter at lawfaremedia.org/support.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From May 16, 2022: In order to tell you this story, we need to start at the beginning, just before the U.S. invasion. After 9/11, the CIA set their sights on al-Qaeda’s base in Afghanistan. After a military invasion that fall, people up and down the chain of command learned that in order to fight this war the U.S. needed local partners to help.Allies is a podcast about America’s eyes and ears over 20 years of war in Afghanistan. This show will take you from the frontlines of the war to the halls of Congress to find out: How did this happen?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Today, we’re bringing you an episode of Arbiters of Truth, our series on the information ecosystem.Last week the House of Representatives overwhelmingly passed a bill that would require ByteDance, the Chinese company that owns the popular social media app TikTok, to divest its ownership in the platform or face TikTok being banned in the United States. Although prospects for the bill in the Senate remain uncertain, President Biden has said he will sign the bill if it comes to his desk, and this is the most serious attempt yet to ban the controversial social media app.Today's podcast is the latest in a series of conversations we've had about TikTok. Matt Perault, the Director of the Center on Technology Policy at the University of North Carolina at Chapel Hill, led a conversation with Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare, and Ramya Krishnan, a Senior Staff Attorney at the Knight First Amendment Institute at Columbia University. They talked about the First Amendment implications of a TikTok ban, whether it's a good idea as a policy matter, and how we should think about foreign ownership of platforms more generally.Disclaimer: Matt's center receives funding from foundations and tech companies, including funding from TikTok.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Charlie Sykes recently stepped down as host of the Bulwark Podcast. He's a regular commentator on MSNBC, and has written a number of books. He tells the story here of his political journey, from being a page for the Wisconsin delegation at the 1968 Democratic National Convention in Chicago, to being a working journalist increasingly disenchanted with conventional liberalism, to finding a home in Reagan Republicanism and becoming more of a political warrior than he ever meant to be--and then leaving the whole thing behind over Trumpism.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Today, we’re bringing you an episode of Arbiters of Truth, our series on the information ecosystem.On March 18, the Supreme Court heard oral arguments in Murthy v. Missouri, concerning the potential First Amendment implications of government outreach to social media platforms—what’s sometimes known as jawboning. The case arrived at the Supreme Court with a somewhat shaky evidentiary record, but the legal questions raised by government requests or demands to remove online content are real. To make sense of it all, Lawfare Senior Editor Quinta Jurecic and Matt Perault, the Director of the Center on Technology Policy at UNC-Chapel Hill, called up Alex Abdo, the Litigation Director of the Knight First Amendment Institute at Columbia University. While the law is unsettled, the Supreme Court seemed skeptical of the plaintiffs’ claims of government censorship. But what is the best way to determine what contacts and government requests are and aren't permissible?If you’re interested in more, you can read the Knight Institute’s amicus brief in Murthy here and Knight’s series on jawboning—including Perault’s reflections—here.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Since World War II, the United States and its currency, the dollar, have come to play a central role in the broader global economy. And in recent decades, policymakers have used this role as a weapon, cutting off access to malign actors and punishing those who act contrary to U.S. national security interests. But cultivating such primacy has proven to be a double-edged sword, with more complicated ramifications for many Americans. In her new book “Paper Soldiers: How the Weaponization of the Dollar Changed the World Order,” Bloomberg reporter Saleha Mohsin digs into the history of the dollar’s role in the global economy and what its increasing weaponization may mean moving forward. Lawfare Senior Editor Scott R. Anderson recently joined Mohsin to discuss her new book and what we should all know about the new economic and political moment we are living through. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Last May, Microsoft announced that a Chinese state-sponsored hacking group, Volt Typhoon, appeared to be targeting U.S. critical infrastructure and entities abroad in part through establishing a presence in a malware-infected network, or botnet, consisting of old devices located in the United States. At the end of January, the Justice Department announced it had removed the botnet from hundreds of American devices. Cybersecurity experts Timothy Edgar and Paul Rosenzweig both wrote articles for Lawfare discussing the Volt Typhoon intrusion and the U.S. response. But the authors take away very different lessons from the intrusion. Edgar argued that although the removal of the botnet was a success in terms of cybersecurity, the legal theory the government relied on for conducting this operation has dangerous privacy implications. Rosenzweig, on the other hand, contended that the Volt Typhoon breach illuminates flawed assumptions at the core of the U.S. cybersecurity strategy, which he says must be reexamined. Lawfare Research Fellow Matt Gluck spoke with Edgar and Rosenzweig about why the Volt Typhoon intrusion and the U.S. response that followed matter for the future of U.S. cybersecurity and privacy, how the government should weigh security and privacy when responding to cyber intrusions, whether nuclear conflict is a good analogy for cyber conflict, and much more.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Friday morning in Fulton County, Georgia, Judge Scott McAfee issued an opinion in the matter of the disqualification of District Attorney Fani Willis. It was not a complete victory for anybody. The defense didn't get Fani Willis booted from the case, but they did get Nathan Wade booted from the case. And Fani Willis has to contend with the loss of her special prosecutor, as well as some scorching criticism from the judge.  Lawfare Editor-in-Chief Benjamin Wittes discussed it all on a live recording of the Lawfare Podcast with Lawfare Legal Fellow and Courts Correspondent Anna Bower, and Andrew Fleischman, a Georgia defense attorney and frequent Fani Willis critic. They talked about what Judge McAfee did, whether there is a serious prospect for a successful appeal, what Fani Willis's next moves are likely to be, and whether there's going to be a spree of plea deals in response. They also talked about whether the case is now back on track and headed to trial.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, Alan, Quinta, and Scott got together for the last time before Scott’s paternity leave to talk over the week’s big national security news, including:“Kitchen Table Issues.” President Biden delivered a feisty State of the Union last week, one that took aim at both those worrying about his age and his apparent 2024 rival, former President Donald Trump. But what does his handling of key national security issues, ranging from Ukraine to Gaza, tell us about where the country is headed, and what can we gather from the response from the other party?“Tik Tik Tik...” The end may be nigh for TikTok in the United States, at least in its current incarnation. The House has passed a bill that will ban TikTok from app stores beginning in the Fall unless its Chinese owners divest—legislation that President Biden has said he will sign, but that former President Trump recently flipped on. Where is this new major social media platform headed, at least in the United States?“Trying to Stay Alive.” Policymakers are desperately working to clear the domestic legal hurdles in both Kenya and the United States for an ad hoc peacekeeping mission to Haiti, aimed at stemming the surge of gang violence there. But will the 1,000 Kenyan police officers set to be deployed be enough to restore peace and security to the country?For object lessons, Alan doubled down on WBUH’s podcast “The Big Dig,” a compelling story of sex, lies, and infrastructure (or at least one of the three). Quinta finally saw Oppenheimer and gave it a “meh.” And Scott gave tribute to the glory of his 30s, now that they have left him.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's another episode of “Trump's Trials and Tribulations,” recorded on March 14 in front of a live audience on YouTube and Riverside. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor Roger Parloff and Lawfare Legal Fellow and Courts Correspondent Anna Bower to talk about the Thursday hearing in the Mar-a-Lago case and everything Judge Cannon still needs to rule on. They also discussed how Judge McAfee may rule in whether to disqualify Fulton County DA Fani Willis and why the New York City trial may be delayed by a month. And of course, they took audience questions from Lawfare Material Supporters on Riverside.To be able to submit questions to the panelists, become a Material Supporter at lawfaremedia.org/support.This episode was recorded on Thursday, which was before Judge McAfee issued his order on the motion to disqualify the Fulton County DA's Office from the 2020 Georgia election interference case. We recorded a separate live podcast on that decision, which you can find now on YouTube or listen to it on Monday on the Lawfare Podcast feed.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From November 10, 2018: With the firing of Jeff Sessions and his replacement with former U.S. attorney Matthew Whitaker, all eyes this week are focused on whether Special Counsel Robert Mueller’s investigation of Russian interference in the 2016 election and possible coordination between the Trump campaign and the Russians will get to run its full course. But even before the Sessions firing, Benjamin Wittes and Paul Rosenzweig had inquiries into the presidency on their minds. On Tuesday morning, they sat down to discuss Paul’s recent 12-part lecture series on presidential investigations released through the online educational platform The Great Courses.They talked about how Paul structured the lecture series, Paul’s own experience on Independent Counsel Ken Starr’s team investigating the Clinton White House, and the course’s relevance to the Mueller investigation.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Tim Mak is the editor, writer, and entrepreneur behind the Substack site, The Counteroffensive, which covers the Ukraine-Russia war through personal stories on the ground in Ukraine. He has been in Ukraine since the beginning of the full-scale invasion when he was an NPR reporter, and he has done some of the best English-language reporting from that country.Lawfare Editor-in-Chef Benjamin Wittes spoke with Mak, who is reporting from the Ukrainian capital of Kyiv. They talked about two years of the full-scale invasion, about a decisive battle early in the war over Antonov Airport, about whether the Ukrainian military effort is sustainable, and about the current mood in Ukraine and how people are feeling about America as Congress dithers on Ukraine aid.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

If you’re listening to this podcast, chances are you’ve heard stories about the CIA’s experiments with drugs, particularly LSD, during the infamous MKUltra program. But you may not know that the characters involved in that dubious effort connect to one of the 20th Century’s most famous and revered scientists, the anthropologist Margaret Mead. Shane Harris talked with historian Benjamin Breen about this new book, Tripping on Utopia, which tells the story of how Mead and her close circle launched a movement to expand human consciousness, decades before the counterculture of the 1960s popularized, and ultimately stigmatized, psychedelic drugs. Mead and Gregory Bateson--her collaborator and one-time husband--are at the center of a story that includes the WWII-era Office of Strategic Services, a shady cast of CIA agents and operatives, Beat poets, and the pioneers of the Information Age. Psychedelics are having a renaissance, with federal regulators poised to legalize their use - Breen’s book is an engrossing history that explores the roots of that movement and how it influenced and collided with the U.S. national security establishment.  Books, movies, and other points of interest discussed in this conversation include: Tripping on Utopia: Margaret Mead, the Cold War, and the Troubled Birth of Psychedelic Science by Benjamin Breen Tripped: Nazi Germany, the CIA, and the Dawn of the Psychedelic Age by Norman Ohler MKUltra The intelligence community’s research on “truth drugs” The Manchurian Candidate The Good Shepherd Poisoner in Chief: Sidney Gottlieb and the CIA Search for Mind Control by Stephen Kinzer The Men Who Stare at Goats by Jon Ronson Ghost Hunters: William James and the Search for Scientific Proof of Life After Death by Deborah Blum “Operation Delirium” by Raffi Khatchadourian in The New Yorker Also check out: Ben’s website Ben’s Substack Ben on Twitter Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On March 13, Judge McAfee released an order quashing six counts in the Fulton County electoral interference indictment against former President Trump and his numerous co-defendants. These charges were related to alleged solicitation of violations of oath of office, and Judge McAfee quashed the charges due to insufficient evidence.To talk over the order and its implications, Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Legal Fellow Anna Bower and Anthony Michael Kreis for a live recording of the Lawfare Podcast on YouTube. They talked about what exactly a demurrer is and what led Judge McAfee to dismiss these counts. They also talked about what this order could say about how Judge McAfee might rule on the efforts to disqualify Fani Willis, whether it matters that these charges were dismissed, and whether the District Attorney will go back to a grand jury.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On February 28, the Biden administration issued an Executive Order (EO) entitled “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern.” Lawfare Senior Editor Stephanie Pell sat down with Devin DeBacker and Lee Licata, the Chief and one of the Deputy Chiefs of the Foreign Investment Review Section in the National Security Division at the Department of Justice, to talk about this new EO and the ways in which it attempts to prevent certain countries of concern from accessing Americans’ sensitive personal data. They talked about the types of data transactions the EO is intended to regulate, what it is not intended to regulate, and the forthcoming rule-making process that the DOJ will run.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Progress in deepfake technology and artificial intelligence can make manipulated media hard to identify, making deepfakes an appealing tool for governments seeking to advance their national security objectives. But in a low-trust information environment, balancing the risks and rewards of a government-run deepfake campaign is trickier than it may seem.To talk through how democracies should think about using deepfakes, Lawfare's Fellow in Technology Policy and Law, Eugenia Lostri, was joined by Daniel Byman, Senior Fellow at the Center for Strategic & International Studies and professor at Georgetown University; Daniel Linna, Director of Law and Technology Initiatives at Northwestern University; and V.S. Subrahmanian, the Walter P. Murphy Professor of Computer Science and Buffett Faculty Fellow at Northwestern University. They recently published a report examining two critical points: the questions that a government agency should address before deploying a deepfake, and the governance mechanisms that should be in place to assess its risks and benefits.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On March 4, the Supreme Court ruled in Trump v. Anderson, holding that states cannot disqualify Donald Trump from appearing on the presidential ballot under Section 3 of the Fourteenth Amendment. Section 3 bars former officeholders who have since engaged in insurrection from taking future public office—and in recent months, a slew of lawsuits from voters and advocacy groups have pointed to the provision in seeking to strike Trump from the ballot in various states for his conduct on Jan. 6. The Court’s judgment rules out that possibility—but leaves a surprising amount of questions unsettled, in a way that may queue up chaos in the coming months.To make sense of the Court’s ruling, Lawfare Senior Editor Quinta Jurecic spoke with fellow Senior Editor Roger Parloff, who has been closely watching the Section 3 cases; Ned Foley, an expert in election law at The Ohio State University; and Gerard Magliocca of Indiana University, who has been studying Section 3 since before it was cool. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, Lawfare Managing Editor Tyler McBrien joined Alan, Quinta, and Scott to discuss the week's big national security news, including:“Operation Humbled Drop.” After months of unsuccessfully pushing the Israeli government to allow more aid into besieged Gaza, the Biden administration has taken matters into its own hands and begun airlifting it in itself. But are its efforts just for show, or a sign that it is abandoning its “bear hug” approach to Israeli Prime Minister Bibi Netanyahu? And what will it mean for the flow of U.S. assistance to Israel, especially given legal restrictions Israel’s actions arguably violate? “Sound (Legal Reasoning) and Fury(ous Agreement).” This week, the Supreme Court surprised no one by unanimously reversing the Colorado Supreme Court and holding that former President Trump cannot be kept off the 2024 ballot there for having committed insurrection through his involvement in Jan. 6—a move the justices had strongly telegraphed in oral arguments in February. But for a unanimous outcome, the matter did prove surprisingly divisive, with the liberal minority accusing the conservative majority of overreaching to save Trump from possible future disqualification through other avenues. What should we make of the divided opinions in this case? And where does it leave Trump?“Smog of War.” Even as the New York Times finds itself in the midst of an internal (and external) controversy around its coverage of Hamas’s alleged use of sexual assault during the Oct. 7 massacre, the United Nations has released a report lending credibility to the conclusion that sexual assault occurred. How should we parse the competing accounts around this heated and incredibly difficult topic?For object lessons, Alan—much to his surprise—recommended the Formula 1 documentary Formula 1: Drive to Survive. Quinta flagged another Sen. Menendez superseding indictment to add to New Jersey’s state flag. Scott hit both sides of the RatSec listenership with recommendations: one for “Bucking the Buck,” Daniel McDowell’s excellent deep dive into de-dollarization, and another for his parasocial friends on The Ringer NFL Show in its various iterations, who he hopes will give D.C. the regional sports podcast it deserves. And Tyler celebrated the spectacle that is Medieval Times as well as the fact that the serfs there have recently unionized.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's another episode of “Trump's Trials and Tribulations,” recorded on March 7 in front of a live audience on YouTube and Riverside. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor Roger Parloff and Lawfare Legal Fellow and Courts Correspondent Anna Bower to talk about recent filings in the Southern District of Florida and what Judge Cannon needs to rule on. They also discussed motions filed in Fulton County, the Supreme Court's ruling overturning the Colorado Supreme Court's decision to bar Trump from the 2024 ballot, and what, if anything, is happening in the Jan. 6 case in Washington. And of course, they took audience questions from Lawfare Material Supporters on Riverside.To be able to submit questions to the panelists, become a Material Supporter at lawfaremedia.org/support.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From September 28, 2019: At the Texas Tribune Festival in Austin, Texas, Benjamin Wittes sat down in front of a live audience with Judge John Bates, a senior district judge on the U.S. District Court for the District of Columbia. Bates has served on the court since 2001, and from 2009 to 2013, he served as the presiding judge of the Foreign Intelligence Surveillance (FISA) Court. Wittes and Judge Bates talked about the role of the FISA Court, its procedures and caseload, its recent prominence in the news, and how the court might respond to cases that have an overtly political context.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The practice of surveillance capitalism—the widespread private collection and commodification of personal data—is well understood. Less well understood is the extent to which the U.S. government purchases this data in the commercial marketplace to use it for intelligence and law enforcement purposes. Byron Tau, when he was a reporter with The Wall Street Journal, did more than anyone to bring this practice to public light. Jack Goldsmith sat down recently with Tau to discuss his new book on the topic, “Means of Control: How the Hidden Alliance of Tech and Government is Creating a New American Surveillance State.” They discussed how the private broker market works, why the government is able to purchase bulk private data with relatively few legal restrictions, and the threat to privacy and civil liberties that inheres in the practice. They also discussed why this form of data is so important to the government and the prospects for reform of the relatively unregulated practice.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Jonna Mendez advanced in her Central Intelligence Agency career to become Chief of Disguise despite the many institutional challenges to women's promotions. And now she has written a memoir, In True Face, about it all.David Priess spoke with Jonna about career options for women at CIA in the early Cold War, her own start there in the 1960s, how photography classes set her on a path that ultimately led to service as Chief of Disguise, her interactions over the decades with Tony Mendez, the tandem-couple problem for intelligence professionals, semi-animated mask technology and other CIA disguises, her experience briefing President George H. W. Bush in the Oval Office, how the story behind the Canadian Caper became declassified and eventually the movie Argo, the International Spy Museum, and more.Among the works mentioned in this episode:The book In True Face by Jonna Mendez"How the CIA Used a Fake Sci-Fi Flick to Rescue Americans from Tehran," by Joshuah Bearman, WIRED, April 24, 2007The movie The Ides of MarchThe movie ArgoThe book Argo by Antonio Mendez and Matt BaglioThe book The Master of Disguise by Antonio MendezThe movie Mission ImpossibleThe TV show The AmericansThe TV show HomelandThe movie Casino RoyaleChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Everyone agrees that the United States has a serious cybersecurity problem. But how to fix it—that's another question entirely. Over the past decade, a consensus has emerged across multiple administrations that NIST—the National Institute of Standards and Technology—is the right body to set cybersecurity standards for both the government and private industry. Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare, spoke with Bryan Choi, who argues that this faith is misplaced. Choi is an associate professor of both law and computer science and engineering at The Ohio State University. He just published a new white paper in Lawfare's ongoing Digital Social Contract paper series exploring NIST's history in setting information technology standards and why that history should make us skeptical that NIST can fulfill the cybersecurity demands that are increasingly being placed on it.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Executive branch constraints and the posture of the media have shifted in significant ways over the past two decades. Lyrissa Lidsky and Christina Koningisor, law professors at the University of Florida and the University of California San Francisco, respectively, argue in a forthcoming law review article that these changes—including the erosion of certain post-Watergate reforms and the decline of local news—have created a First Amendment disequilibrium. They contend that the twin assumptions of the press’s power to extract information and check government authority on the one hand, and the limitations on executive branch power on the other, that undergird First Amendment jurisprudence no longer hold, leaving the press at a significant First Amendment disadvantage. Lawfare Research Fellow Matt Gluck spoke with Lidsky and Koningisor about the current state of First Amendment jurisprudence, the ways in which the press used to be stronger, executive branch power on the federal and state levels, how the authors think our current First Amendment architecture should change, and more.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In mid-February, Chinese cybersecurity firm i-Soon appeared to suffer a massive data leak, which offered unprecedented insight into the operations of the company, known to contract for many Chinese government agencies. The more than 500 documents include conversations between employees, sales pitches, and internal documents, and expose the firm’s hacking methods, tools, and victims. They also show in what ways the offensive cyber industries in China and the U.S. are surprisingly similar.Eugenia Lostri, Lawfare’s Fellow in Technology Policy and Law, sat down with Winnona DeSombre Bernsen, nonresident fellow at the Atlantic Council, to talk through the leaks and her research into the key similarities and differences between the Chinese companies and their counterparts. They talked about how the Chinese government hoards vulnerabilities, the similar contracting headaches that firms in the U.S. and China suffer from, and how the findings from this leak can be used to develop better norms.You can listen to the podcast conversation, “China’s Approach to Software Vulnerabilities Reporting,” with Dakota Cary and Kristin Del Rosso here. The conversation, “Rules for Civilian Hackers in War with Tilman Rodenhäuser and Mauro Vignati” is here.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

As the 2024 presidential election approaches, a vital question is whether the legal architecture governing the election is well crafted to prevent corruption and abuse. In their new book, “How to Steal a Presidential Election,” Lawrence Lessig and Matthew Seligman argue that despite the Electoral Count Reform Act of 2022, serious abuse of the presidential election rules remains a live possibility. Jack Goldsmith sat down with Lessig to learn why. They discussed the continuing possibility of vice presidential mischief, the complex role of faithless electors, strategic behavior related to recounts, and the threat of rogue governors. They also pondered whether any system of rules can regulate elections in the face of widespread bad faith by the actors involved.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, Quinta and Scott were joined by Molly Reynolds and (a prerecorded) Anna Bower to talk through some of the week’s big national security news, including:“The Shutdown Rut.” Congress once again has the government on the verge of a shutdown. And while Speaker of the House Mike Johnson has reportedly committed to avoiding one, demands from within his caucus may make that hard—just as they continue to obstruct a path forward for the national security supplemental that contains essential assistance for Ukraine. Is there a way forward? Or are we shutdown-bound?“Sex, Lies, and Geolocation.” The criminal case against former President Trump and more than a dozen codefendants in Fulton County, Georgia, remains on hold as defense attorneys continue to dig into the details of Fani Willis’s romantic relationship with subordinate Nathan Wade. Over the last week, we’ve seen filings on geolocation data and the examination of Wade’s former attorney. But does any of this add up to a potentially disqualifying conflict of interest?“If This Segment Were a Newspaper, How Much Would It Weigh?” The Supreme Court heard extended oral arguments over the constitutionality of controversial Florida and Texas laws seeking to regulate content moderation on social media platforms this week. But amid some very interesting lines of questioning—including one inquiring the weight of YouTube if it were a newspaper—it wasn’t clear the Court was really ready and interested in delving into the technical details. Is that a good thing or a bad thing? And where might the Court come out?For object lessons, Quinta answered Justice Alito’s recent inquiry, “If YouTube were a newspaper, how much would it weigh?” Scott sang the praises of Bianco DiNapoli’s fire-roasted tomatoes. And Molly recommended the podcast Short Walk, about one of the stranger state-level political controversies in recent memory.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's another episode of “Trump's Trials and Tribulations,” recorded on February 29 in front of a live audience on YouTube and Riverside. Lawfare Senior Editor Scott R. Anderson sat down with Lawfare Senior Editors Quinta Jurecic and Roger Parloff, Lawfare Courts Correspondent and Legal Fellow Anna Bower, and Lawfare Editor-in-Chief Benjamin Wittes to talk about the Supreme Court's decision to hear Trump's presidential immunity claim and how much the D.C. trial may be delayed. They also discussed this week's hearing in Fulton County, previewed what to expect at the Friday Mar-a-Lago hearing in Florida, and talked about what is happening with the New York criminal trial. And of course, they took audience questions from Lawfare Material Supporters on Riverside.To be able to submit questions to the panelists, become a Material Supporter at lawfaremedia.org/support.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From May 26, 2020: On Wednesday, NASA and the SpaceX Corporation are scheduled to send astronauts back into outer space from U.S. soil for the first time since the U.S. space shuttle program ended in 2011. The launch promises to kick off a new era in space exploration, one that will see the increased use of outer space for both public and private purposes, as well as greater involvement by private corporations and other unconventional actors in space exploration. To discuss the legal and policy challenges of this new era, Scott R. Anderson spoke with three lawyers working at the bleeding edge of space law and policy: Professor Timiebi Aganaba-Jeanty of Arizona State University and its Sandra Day O'Connor College of Law; Brian Israel, a former public and private sector space lawyer who teaches space law at Berkeley Law; and Daniel Porras, currently a space security fellow at the U.N. Institute for Disarmament Research.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Following Hamas’s attacks on Oct. 7, the Israeli military retaliated with a relentless and devastating air war. By mid-December, Israeli forces had struck more than 22,000 targets in Gaza, and the Israeli military said it had used artificial intelligence to select many of them. The targeting system, called “The Gospel” by the IDF, was not the first time a military used AI on the battlefield, but the high number of civilian casualties raised red flags for many.Lawfare Managing Editor Tyler McBrien sat down with Lauren Kahn, a Senior Research Analyst at Georgetown’s Center for Security and Emerging Technology (CSET) who focuses on the national security applications of artificial intelligence. They discussed how autonomous and AI-enabled weapons are being used and will be used in war, “the current ground rules for the age of AI in warfare,” and why Lauren favors confidence-building measures and other incremental steps, rather than an all-out ban. And despite running through a few nightmare scenarios, we learned why Lauren remains hopeful for the responsible and ethical use of AI for defense.  Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

We all know how superpower competition spurred one giant leap for mankind on the lunar surface in July 1969. But the story of how the Moon and its tides affect national security is deeper and wider than most of us realize.David Priess explored this intersection with science journalist Rebecca Boyle, author of the new book Our Moon, about her path to writing about astronomy, Anaxagoras, Julius Caesar, lunar versus solar calendars, the Battle of Tarawa in 1943, the genesis of NOAA, tides and flooding, Johannes Kepler, Jules Verne and science fiction about travel to the Moon, lunar missions and the Cold War, the Moon's origins, the return of lunar geopolitical competition, prospects for a radio telescope on the far side of the Moon, and more.Among the works mentioned in this episode:The book Our Moon by Rebecca BoyleThe book From the Earth to the Moon by Jules VerneThe movie Fantasia"Massive New Seamount Discovered in International Waters Off Guatemala," from the Schmidt Ocean Institute, November 22, 2023Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Over the past several decades, financial sanctions have become one of the most widely used tools in the U.S. foreign policy arsenal. And since Russia’s invasion of Ukraine two years ago, the Biden administration has wielded them in a number of innovative ways. At the same time, some of these uses have also triggered concerns about U.S. overreach, something that could have consequences for both U.S. national security and the health of the U.S. economy. To better understand how the U.S. government is approaching its financial sanctions policies today, Lawfare Senior Editor Scott R. Anderson and Lawfare Contributing Editor Brandon Van Grack sat down with the man who manages them: Brad Smith, the Director of the Office of Foreign Assets Control (or “OFAC”) at the U.S. Department of the Treasury. A veteran of U.S. sanctions policy, Smith walked through some of the history of sanctions, lessons the Biden administration has learned from past efforts, and how these lessons are being applied to new challenges, including from Russia. This is the latest entry in our special “The Regulators” series, co-sponsored with Morrison Foerster, in which Brandon and Scott sit down with some of the senior officials working at the front lines of U.S. national security policy. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On Feb. 13, Senator Ron Wyden released a letter documenting an investigation his office has been conducting into the activities of Near Intelligence Inc., a data broker that allegedly enabled an anti-abortion organization to target anti-abortion messaging and ads to people visiting 600 Planned Parenthood clinics across the United States. Lawfare Senior Editor Stephanie Pell sat down with Justin Sherman, CEO of Global Cyber Strategies and a Senior Fellow at Duke University’s Sanford School of Public Policy, to discuss this investigation. They talked about the various players in the data broker ecosystem that enable these invasive practices, the lack of federal legislation governing and preventing these activities, and what actions the FTC might be able to take against Near Intelligence Inc. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The Supreme Court heard hours and hours of oral arguments today brought by a trade association called NetChoice against laws restricting content moderation in Florida and Texas. It's the big First Amendment case of the year, and we sat through the whole oral argument.Lawfare Editor-in-Chief Benjamin Wittes spoke with Lawfare Senior Editors Quinta Jurecic and Alan Rozenshtein, and Kyle Langvardt of the University of Nebraska at Lincoln. They talked about where the justices seem to be leaning on this case, why they think the record is inadequate and underdeveloped, and why they're grumpy about it. They also talked about whether we can predict where they seem to be headed and about why this case that doesn't involve Section 230 seems to involve Section 230.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

At a South Carolina campaign rally on Feb. 10, former President Donald Trump told a crowd of supporters that while he was president he told “one of the presidents of a big country” in the NATO alliance that he would not protect that country from a Russian invasion if that country didn’t pay. Trump then said, “In fact, I would encourage them to do whatever the hell they want. You got to pay. You got to pay your bills.” Lawfare Managing Editor Tyler McBrien sat down with Lawfare Senior Editor Scott R. Anderson to talk through Trump’s NATO comments, why they’re rattling European allies, whether a U.S. president could destroy the alliance, and how Congress might stop it. They also talked about why everyone here at Lawfare calls Section 1250A of the recent National Defense Authorization Act the “Anderson Saves NATO” provision.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, Alan, Quinta, and Scott got together to talk over the week’s big national security news, including:“Is Revanchism a Dish Best Served Cold?” Russia boosters seem to be feeling bullish for the first time in a long time. This week, its forces captured the strategic town of Avdiivka from Ukrainian forces, who have been weakened by bickering among their Western allies. And imprisoned Russian dissident Alexei Navalny met with a tragic and highly suspicious end, just as Western governments came together at the Munich Security Conference. Is Russia right to be feeling its oats at this moment?“Bibi Steps.” As Israel prepares to mount a controversial military operation against Rafah—the last refuge for many displaced civilians in Gaza—there are cracks between the government of Prime Minister Bibi Netanyahu and the Biden administration, who in recent weeks have shown an increased willingness to target settler violence in the West Bank with sanctions, impose some conditionality on U.S. security assistance, and turn to the U.N. Security Council for possible support for a “temporary ceasefire,” even over Israeli objections. Are these signs of a bigger divide to come? And what will the impact be on the trajectory of the Gaza conflict?“Won’t Somebody PLEASE Think of the Children?!” The Kids Online Safety Act (or KOSA) is back in somewhat modified form, promising to introduce new regulations into how our children engage with online platforms—this time with broad bipartisan support, including from the Biden administration. But will it actually help protect children online? Or only put vulnerable communities more at risk?For object lessons, Alan recommended the Oscar-nominated Jeffrey Wright vehicle, American Fiction. Quinta endorsed “The Book of Love,” a spooky fantasy mystery and the debut novel by celebrated short story author Kelly Link. And Scott urged mid-Atlantic listeners to take their toddlers to Baltimore’s National Aquarium and spring for the wonderful family sunrise tour. Or for nature lovers not on the East Coast, check out the new podcast one-off Birds Are Cool, featuring Goat Rodeo’s own Cara Shillenn.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's another episode of “Trump's Trials and Tribulations,” recorded on February 22 in front of a live audience on YouTube and Zoom. Lawfare Senior Editor Quinta Jurecic sat down with Lawfare Senior Editor Roger Parloff, Lawfare Legal Fellow and Courts Correspondent Anna Bower, and Lawfare Editor-in-Chief Benjamin Wittes to talk about the continued drama in Fulton County and what has happened since the blockbuster hearings last week. They also checked in on the Southern District of Florida to see what Judge Cannon is up to and discussed what we are waiting on in D.C. And of course, they took audience questions from Lawfare Material Supporters on Zoom.To be able to submit questions to the panelists, you should become a Material Supporter at lawfaremedia.org/support.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From September 15, 2020: Alexei Navalny is Russia's most prominent dissident, opposition leader, and anti-corruption crusader—and the latest such person to be poisoned by the Vladimir Putin regime, which, of course, it denies. When we recorded this episode, Navalny's condition was improving as he received medical treatment in Germany. To discuss Navalny's career and why Putin chose now to attack him, Benjamin Wittes sat down with Alina Polyakova, President and CEO of the Center for European Policy Analysis. They talked about how Navalny has become such a thorn in the side of the Putin regime, why Putin keeps poisoning people as opposed to killing them by other means, and why the Russians are so ineffective at poisonings when they undertake them.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Since a grand jury in Fulton County, Georgia, handed up an indictment in August of former President Donald Trump and 18 other defendants for their efforts to overturn the results of the 2020 election in Georgia, all eyes had been on the defendants’ behavior and their legal fate. That was until an explosive filing by one of the defendants, Mike Roman, alleged that Fulton County District Attorney Fani Willis had engaged in a kickback scheme through a romantic relationship she had with an outside prosecutor Willis had hired to participate in the case, Nathan Wade. Roman asked the presiding judge, Scott McAfee, to disqualify Willis and her office from the election case. Willis and Wade have since acknowledged their relationship but claim that Willis did not financially benefit from it.Last week, Judge McAfee held a two-day evidentiary hearing to determine whether Willis and Wade’s relationship presented a conflict of interest, requiring the removal of Willis and her office from the case. Lawfare Research Fellow Matt Gluck discussed the hearing and what’s likely to happen next with Lawfare Editor-in-Chief Benjamin Wittes, Lawfare Legal Fellow and Courts Correspondent Anna Bower, and Georgia trial and appellate lawyer and Fulton County court watcher Andrew Fleischman.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Joe Biden took office with a big ambition: To repair America’s reputation abroad and set the country on a new path, where foreign policy would be crafted with the middle class in mind. So writes journalist Alexander Ward, whose new book, The Internationalists: The Fight to Restore American Foreign Policy After Trump, chronicles Biden’s first two years in the White House. The central players in Ward’s cast as the president’s senior advisers, chief among them National Security Adviser Jake Sullivan, who, four years earlier, had expected to be serving in the Hillary Clinton administration. Ward joined Shane Harris to talk about the Biden team's early efforts to sketch out a new agenda, the disastrous withdrawal from Afghanistan, and the triumphs of the early days of war in Ukraine. His book offers a detailed, behind-the-scenes look at what may be one of the most experienced teams of foreign policy experts in a generation. Ward is a national security reporter at Politico. He was part of the reporting team behind one of the biggest scoops in recent memory, the leak of a draft opinion by the Supreme Court that overturned Roe v. Wade. Ward was a finalist for the Pulitzer Prize for his reporting. Among the works mentioned in this episode:Ward’s book, The Internationalists: https://www.penguinrandomhouse.com/books/704738/the-internationalists-by-alexander-ward/ An excerpt from the book: https://www.politico.com/news/magazine/2024/02/19/jake-sullivan-globalization-biden-00141697 Ward’s newsletter at Politico: https://www.politico.com/newsletters/national-security-daily  Ward’s scoop on the Supreme Court’s abortion ruling: https://www.politico.com/news/2022/05/02/supreme-court-abortion-draft-opinion-00029473 Ward on Twitter: https://twitter.com/alexbward?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

As a new report on the intimidation of state and local officeholders from the Brennan Center for Justice points out, “The January 6 insurrection at the Capitol seemed to mark a new peak in extremist intimidation targeting public officials. But it was hardly the only act of political violence to break the period of relative stability that followed the assassinations of the 1960s.” Citing the 2017 shooting of Rep. Steve Scalise, last year’s hammer attack on Paul Pelosi, and many other cases, the report paints a troubling picture of today’s climate of political violence in America. To talk through the report and its implications, Lawfare Senior Editor Quinta Jurecic and Lawfare Managing Editor Tyler McBrien sat down with Maya Kornberg, a Research Fellow at the Brennan Center’s Elections and Government Program and one of the report’s authors. They discussed how Maya and her team surveyed so many state and local officials across a number of jurisdictions, the pervasive risks and threats those officeholders face, and how these threats are distorting U.S. democracy as a whole.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The advocacy group Protect Democracy last month issued an updated version of its report entitled, “The Authoritarian Playbook.” The new report is called, “The Authoritarian Playbook for 2025: How an authoritarian president will dismantle our democracy and what we can do to protect it.” It is a fascinating compilation of things that Donald Trump has promised to do and how they could likely be expected to affect American democracy if he is elected to a second term in office. To discuss the report, Lawfare Editor-in-Chief Benjamin Wittes spoke with two of its authors: Genevieve Nadeau and Erica Newland, both of Protect Democracy. They talked about what's new in the report, how much of it is speculation and how much of it is simply taking Donald Trump's words seriously, opportunities to mitigate the most dire consequences of which the report warns, and whether this is just baked into the American presidency when occupied by a truly authoritarian personality. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The conflict in Gaza is headed toward a critical juncture. Israeli political leaders have signaled their intent to assault Rafah, one of the final safe havens for displaced Gazan civilians—a move that U.S. and other international leaders fear could trigger a humanitarian crisis, or the long-term displacement of Palestinians from Gaza. Meanwhile, negotiations for both a ceasefire and a longer term resolution of the crisis are ongoing, but have little to show thus far. To discuss the many moving pieces of the Gaza conflict, Lawfare Senior Editor Scott R. Anderson sat down once again with Joel Braunold, Managing Director at the S. Daniel Abraham Center for Middle East Peace and someone who has long been involved in Middle East peace efforts. They discussed the current state of Israel’s military operations, how it is impacting (and being impacted by) domestic politics in Israel and elsewhere, and the significance of recent events ranging from the International Court of Justice’s grant of provisional measures to the Biden administration’s efforts to sanction the perpetrators of West Bank settler violence—all with an eye for better understanding where this crisis may yet be headed.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From December 10, 2016: This week at the Hoover Book Soiree, Jack Goldsmith interviewed Christopher Moran, a professor at the University of Warwick, on his book “Company Confessions: Secrets, Memoirs, and the CIA.” Moran's work is a history of CIA memoirs, but it's also a history of the Agency itself and its efforts to shape its image in the public eye. How does an organization whose work depends on keeping secrets justify its efforts within a democratic society?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week, Alan, Quinta, and Scott were once again joined by co-host emeritus Benjamin Wittes to talk through the week's big national security news, including:“Constitutional Annoyance.” Last week, the Supreme Court heard oral arguments in Trump v. Anderson, the case weighing whether former President Trump’s involvement in Jan. 6 should disqualify him from being able to stand as a candidate in 2024 under Section 3 of the 14th Amendment. And the justices, for once, seemed almost unified in their skepticism of the idea that he should be—though there was far less agreement as to why. Where is this case headed? And what will its ultimate impact be on the 2024 election and beyond?“Putting the Hur(t) On.” Special Counsel Robert Hur completed his investigation into President Biden’s alleged mishandling of classified documents last week and, while he opted not to bring any charges, his lengthy final report has caused a stir: not just for laying out Biden’s apparent mishandling of classified documents over an extended period of time but also for citing Biden’s advanced age and apparent memory issues as grounds for not prosecuting—observations that have reignited anxieties regarding Biden’s capacity to stand for reelection. Was Hur out of line or just doing his job in making these observations? And how will his conclusions impact events moving forward, including the prosecution of former President Trump for his own mishandling of classified documents?“‘I Can’t Pay the Rent,’ ‘But You Must Pay the Rent!’” Former President Trump has resumed his role as enforcer over the defense spending level of NATO members, suggesting most recently that he would encourage Russia to do whatever it wants with any members who fail to meet their commitments—comments that have triggered new anxiety over how NATO may fare in a second Trump presidency. How serious are these comments? What should folks be doing in response?For object lessons, Alan recommended the weirdness of Donald Glover's new spy remake, "Mr. & Mrs. Smith." Quinta urged listeners to check out a recent New York Times piece on "How Mark Meadows Became the Least Trusted Man in Washington." Scott mourned the end of football season by endorsing the sportsfan comedy of Annie Agar. And Ben announced that he had completed his quest to identify the worst rhetorical question headline ever.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It’s another episode of “Trump’s Trials and Tribulations,” this one recorded before a live audience on Zoom on Friday afternoon. It’s been a wild week in Trump coverage. We’ve got a judgment from New York, we’ve got the best evidentiary hearing ever held in Fulton County, we’ve got Tyler McBrien at the scheduling conference for the New York criminal trial, and we’ve got updates from Florida and Washington.Joining Lawfare Editor-in-Chief Benjamin Wittes were Lawfare Senior Editor Roger Parloff, Lawfare Managing Editor Tyler McBrien, and Lawfare Legal Fellow and Courts Correspondent Anna Bower, and they covered it all. They also took audience questions from Lawfare Material Supporters and, this week, guests.To be able to submit questions to the panelists, you should become a Material Supporter at lawfaremedia.org/support.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From April 10, 2020: Jim Baker served as general counsel for the Federal Bureau of Investigation. He was also the counsel for the Office of Intelligence Policy and Review at the Justice Department, where he supervised FISA applications. He joined Benjamin Wittes in the virtual Jungle Studio to discuss Inspector General Michael Horowitz's shocking report on inaccuracy in FISA applications, and the problems at the FBI that led to these errors.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The EU has finally agreed to its AI Act. Despite the political agreement reached in December 2023, some nations maintained some reservations about the text, making it uncertain whether there was a final agreement or not. They recently reached an agreement on the technical text, moving the process closer to a successful conclusion. The challenge now will be effective implementation. To discuss the act and its implications, Lawfare Fellow in Technology Policy and Law Eugenia Lostri sat down with Itsiq Benizri, counsel at the law firm WilmerHale Brussels. They discussed how domestic politics shaped the final text, how governments and businesses can best prepare for new requirements, and whether the European act will set the international roadmap for AI regulation.You can listen to Eugenia’s October conversation about approaches to AI regulation with Itsiq and Arianna Evers here. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In February 2022, Russia launched a full scale invasion into Ukraine in the largest attack on a European country since World War II. This invasion did not start a new war, but escalated the ongoing Russo-Ukrainian War that started in 2014 when Russian forces captured Crimea and invaded the Donetsk and Luhansk oblasts.In his book, “The War Came to Us: Life and Death in Ukraine,” author and journalist Christopher Miller tells the story of the past fourteen years in Ukraine through his personal experiences living and reporting in Ukraine since 2010. For this week’s Chatter episode, Anna Hickey spoke with Chris Miller about his book, what led to the full scale invasion in 2022, the 2014 capture of Crimea, and his journey from being a Peace Corps volunteer in Bakhmut in 2010 to a war correspondent.Among the works mentioned in this episode:The book, “The War Came to Us: Life and Death in Ukraine,” by Christopher MillerThe article, “Documents show Russian separatist commander signed off on executions of three men in Sloviansk” by Christopher MillerThe book, "Voroshilovgrad" by Serhiy ZhadanChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The National Defense Authorization Act, or NDAA, is considered must-pass legislation and is increasingly becoming the only reliable vehicle for national cyber policymaking. Lawfare Senior Editor Stephanie Pell sat down with Jonathan Cedarbaum, Professor of Practice at George Washington University Law School and Book Review Editor at Lawfare, and Matt Gluck, Research Fellow at Lawfare, to talk about the key cyber provisions of the NDAA for Fiscal Year 2024. They talked about new cyber provisions that address threats from Mexican criminal organizations and China, along with how some of the new cyber provisions expand the military’s role in protecting against threats to critical infrastructure. They also discussed what Jonathan and Matt would like to see in future versions of the NDAA.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Many international law scholars are skeptical about the efficacy of international law to shape state behavior—and even international law's reality as law—because it lacks a centralized hierarchical legislature, executive branch, or judiciary. In his new book, “Law for Leviathan: Constitutional Law, International Law, and the State,” Daryl Levinson of NYU Law School challenges this conception of international law by arguing that it is structurally similar to domestic constitutional law in its ability to constrain states and in its strategies for doing so. Jack Goldsmith sat down with Levinson to discuss the challenge of regulating the state through both international law and constitutional law and what constitutional law theory can learn from international relations theory about how this happens. They also discussed how IR balance of power theory is like Madison's conception of constitutionalism, the implications for his theory for understanding how to hold states accountable for illegal action, and how to think about these ideas in light of the ostensible waning of state power in the modern era.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Unfortunately, Americans are certainly not strangers to far-right terrorism. From the 2015 mass murder at a historic Black church in Charleston, to the 2017 Unite the Right rally in Charlottesville, to the Jan. 6 attack on the U.S. Capitol, these horrific incidents are only the latest in a decades-long process, in which harmful conspiracy theories, radical ideologies, and hostility toward government come together to form a grave and increasing threat to democracy. In their book, “God, Guns, and Sedition: Far-Right Terrorism in America,” Bruce Hoffman and Jacob Ware tell the story of the rise of far-right terrorism—and explain how to counter it. Lawfare Associate Editor Katherine Pompilio sat down with Hoffman and Ware to unpack their book. They discussed the historical trajectory of violent right-wing extremism, Donald Trump’s effect on these groups and the threat of far-right terrorism heading into the 2024 election, how to address the issue, and more.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On January 15, Bernardo Arévalo took office as the new president of Guatemala. The transfer of power had been far from assured: after Arévalo triumphed in August elections as an anti-corruption reformer, Guatemala’s political elite did their best to throw legal obstacles in his way and prevent him from taking power. His presidency represents a stunning victory for Guatemalan democracy, which has long been under threat. But there are plenty of difficulties still ahead.To catch up on what’s been happening in Guatemala, Lawfare Senior Editor Quinta Jurecic spoke with Vaclav Masek, a Guatemalan sociologist and columnist. They discussed how Arévalo triumphed, the significance of his victory for Guatemala and the region, and what all this might tell us about the ability of democracies to resist authoritarian backsliding around the world.If you’re interested in more on Arévalo, you can also listen to Quinta’s conversation from August with Manuel Meléndez-Sánchez about the election and Arévalo’s victory.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, Alan made his long-awaited return to the podcast for a (brief, so savor it) reunion with Quinta and Scott to talk over the week’s big national security news, including:“Losing the Immunity Challenge.” Earlier this week, the D.C. Circuit rejected former President Trump’s attempt to appeal the denial of his claims of presidential immunity to criminal charges arising from Jan. 6. That issue is now primed for the Supreme Court. Will it take it up? And what will it decide?“Ordeal or No Deal.” As Israel’s military offensive in Gaza continues, the United States is trying to facilitate a short-term hostage deal—and a longer term bargain that would incorporate Israel and Saudi Arabia into a security pact. How realistic are these proposals? And how might they impact the dynamics of the Gaza conflict?“The Shakedown Breakdown.” Congressional Republicans who once insisted on tying Ukraine assistance to a border deal have now turned against any effort to hash out a border deal—even as House Republicans have also failed to impeach Homeland Security Secretary Alejandro Mayorkas or to pass their own stand-alone assistance bill for Israel. Where does this all leave aid for Ukraine? And what ramifications will this congressional dysfunction have moving forward?For object lessons, Alan shared the thing he spent most of his time off on: his new substack, “The Rozy Outlook.” In light of this week’s oral arguments in Trump v. Anderson, Quinta recommended Mark Graber’s book on the 14th Amendment, "Punish Treason, Reward Loyalty." And Scott urged listeners to check out one of his favorite Twitter threads in recent memory, asking “who got that one Jeopardy clip”?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From April 13, 2019: Julian Mortenson, Professor of Law at the University of Michigan, is the author of a remarkable new article entitled "Article II Vests Executive Power, Not the Royal Prerogative," in the Columbia Law Review and available on SSRN.Recently, Benjamin Wittes spoke with the professor about the article, which Mortenson has been working on for years—as long as the two have known each other. The article explores the history of exactly three words of the U.S. Constitution—the first three words of Article II, to be precise: "the executive power."Huge claims about presidential power have rested on a conventional understanding of these three words. Julian argues that this conventional understanding is not just partially wrong, or mostly wrong, but completely wrong, as a matter of history. And, he tries to supplant it with a new understanding that he argues is actually a very old understanding of what those words mean.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On February 8, the Supreme Court heard oral arguments in Trump v. Anderson, on the Colorado Supreme Court's ruling that former President Donald Trump is disqualified from the office of the presidency under Section 3 of the 14th Amendment and cannot appear on the 2024 presidential ballot.On this week's “Trump's Trials and Tribulations,” recorded on February 8 in front of a live audience on YouTube and Zoom, Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editors Roger Parloff and Quinta Jurecic, Lawfare Legal Fellow and Courts Correspondent Anna Bower, and law professor at Indiana University Gerard Magliocca to talk about the oral arguments, how the justices may rule, and the implications of the ruling. They also checked in with the other Trump Trials in Fulton County, the Southern District of Florida, and D.C., to see what is new. And of course they took audience questions from Lawfare Material Supporters on Zoom.To be able to submit questions to the panelists, you should become a Material Supporter at lawfaremedia.org/support.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Some people call it "investor citizenship" while others label it a "passport for sale" scheme. Either way, the last few decades have seen the global citizenship industry grow and evolve in ways that both reflect and impact issues around national sovereignty, tax regimes, international business, and global inequities.David Priess chatted about these and related issues with political sociologist and author Kristin Surak, whose recent book The Golden Passport takes a multidisciplinary look at global mobility for the wealthy and the complex system that has developed around it. They discussed the new "most powerful passport" rankings, the types of people who seek different citizenship through investment, Turkey's rise as a major Citizenship By Investment (CBI) player, the rise and fall of the program in Cyprus, how intermediary companies power the CBI system, the trailblazing CBI role of St. Kitts and Nevis, the challenges of European countries attempting to start and keep CBI programs, differing perceptions of CBI around the world, issues of equity and ethics, and the recent phenomena of digital nomads.Among the works mentioned in this episode:"The Henley Passport Index", Henley & PartnersThe book The Golden Passport: Global Mobility for Millionaires by Kristin SurakThe book Moneyland by Oliver BulloughThe book Making Tea, Making Japan by Kristin SurakThe book The Despot's Guide to Wealth Management by J. C. SharmanChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's been a wild and woolly week on Capitol Hill with respect to the border, Ukraine, Israel, Taiwan, and a lot of other stuff. On Wednesday, the Senate was preparing to vote both on the apparently doomed supplemental deal that included border security provisions, and on a deal without them. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor Molly Reynolds and Eric Ciaramella of the Carnegie Endowment for International Peace to discuss the congressional politics and also the situation in Ukraine that drives the need for congressional action. They talked about how the border and the Ukraine supplemental got wrapped up together, how they're being disaggregated, whether there is a path forward for Ukraine aid now that the Senate has killed the compromise, what's happening on the ground in Ukraine, and what would happen if the United States doesn't act.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On February 6, the D.C. Circuit Court of Appeals rejected former President Donald Trump's appeal of his presidential immunity defense in the federal government's Jan. 6 case against him. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editors Quinta Jurecic, Scott R. Anderson, and Roger Parloff, and Lawfare Executive Editor Natalie Orpett, in front of a live audience on YouTube and Riverside for a deep dive into the ruling, its meaning, and the court’s unanimity. They also discussed what comes next and what the Supreme Court might do in response.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Among the many horrific stories emerging out of the conflicts in Ukraine and Israel/Gaza are instances of sexual and gender-based violence. It’s an issue that is pervasive in many armed conflicts, and yet, even now, it’s often treated as an afterthought. There are a lot of reasons for that, but one of the lesser-appreciated ones is the limitation of existing law. Lawfare Executive Editor Natalie Orpett spoke with Fionnuala Ní Aoláin, a professor at University of Minnesota Law School and a former UN Special Rapporteur. They talked about the legal framework around sexual and gender-based violence, the challenges of prosecuting these acts of violence as international crimes, and where the law fails.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

One of the dark sides of the rapid development of artificial intelligence and machine learning is the increase in computer-generated child pornography and other child sexual abuse material, or CG-CSAM for short. This material threatens to overwhelm the attempts of online platforms to filter for harmful content—and of prosecutors to bring those who create and disseminate CG-CSAM to justice. But it also raises complex statutory and constitutional legal issues as to what types of CG-CSAM are, and are not, legal.To explore these issues, Associate Professor of Law at the University of Minnesota and Lawfare Senior Editor Alan Rozenshtein spoke with Riana Pfefferkorn, a Research Scholar at the Stanford Internet Observatory, who has just published a new white paper in Lawfare's ongoing Digital Social Contract paper series exploring the legal and policy implications of CG-CSAM. Joining in the discussion was her colleague David Thiel, Stanford Internet Observatory's Chief Technologist, and a co-author of an important technical analysis of the recent increase in CG-CSAM.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, Quinta and Scott were joined by Lawfare Editor-in-Chief Benjamin Wittes to talk over the meaty week of national security news, including: “The Neighborhood is Getting Worse.” Three American service members were killed in a drone attack committed by Iran-backed militias in Jordan this past weekend. The Biden administration has promised a military response, but one of the groups believed to be responsible has just declared a unilateral ceasefire, seemingly at Iran’s urging. How should the United States respond? And what will the regional ramifications be?“Don’t Seek Redress in Texas.” Texas governor Greg Abbott has opted to ignore a federal court ruling demanding that he take down barriers on the Rio Grande, on the basis of a novel (and highly dubious) legal theory asserting that the state has the exclusive constitutional authority to defend itself from invasion by migrants. How should the Biden administration respond?“Provisional Victory?” The International Court of Justice has issued provisional measures in the genocide case against Israel over its Gaza operations, directing it to punish genocidal rhetoric and allow in humanitarian assistance but stopping short of requiring a ceasefire. Is this a vindication of Israel’s actions or a condemnation? And what will it mean for the trajectory of the conflict?For object lessons, Quinta celebrated the chaos of the New Jersey Democratic Senate primary. Scott highlighted the latest new feature at Lawfare: transcripts of its podcasts. And Ben gave Scott a very special gift, with which he is certain to put an eye out.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's another episode of “Trump's Trials and Tribulations,” recorded on February 1 in front of a live audience on YouTube and Zoom. Lawfare Editor-in-Chief Benjamin Wittes spoke with Lawfare Legal Fellow Anna Bower and Lawfare Senior Editors Roger Parloff and Quinta Jurecic about amicus briefs filed at the Supreme Court in the Trump disqualification case and Trump's financial situation given the fines and damages levied against him in multiple civil cases. They also checked in on Fulton County and talked about everything we are waiting on from Judge Engoron's decision in New York to a decision from the D.C. Circuit on Trump's presidential immunity claim. And of course they took audience questions from Lawfare Material Supporters on Zoom. To be able to submit questions to the panelists, you should become a Material Supporter at lawfaremedia.org/support.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From January 6, 2020: On Friday, the Lawfare Podcast hosted a conversation on the wide-ranging policy implications of the U.S. strike that killed Iran’s Islamic Revolutionary Guard Corps’ leader Qassem Soleimani and Abu Mahdi al-Mohandes, deputy commander of Iraq’s quasi-official Popular Mobilization Forces and leader of the Iraqi militia and PMF Keta’ib Hezbollah.Today’s special edition episode leaves the policy debate behind to zero-in on the law behind the strike. Law of war and international law experts Scott R. Anderson, Bobby Chesney, Jack Goldsmith, Ashley Deeks and Samuel Moyn join Benjamin Wittes to discuss the domestic and international law surrounding the strike, how the administration might legally justify it, what the president might do next and how Congress might respond.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Next week, the Supreme Court will hear argument in Trump v. Anderson, former President Donald Trump’s appeal of the Colorado Supreme Court’s historic decision taking him off the state’s presidential primary ballot. In determining whether the Colorado Supreme Court erred in ordering Trump excluded from the state’s ballot, the Supreme Court faces one of the most fraught questions facing our democracy today.Lawfare Associate Editor Hyemin Han asked two legal scholars who could not disagree more with one another whether they think the Supreme Court should disqualify Trump under Section 3 of the 14th Amendment. Sam Moyn is Chancellor Kent Professor of Law and History at Yale University. He thinks the Supreme Court has to unanimously reverse the Colorado Supreme Court’s decision and keep the current Republican frontrunner on the ballot. Ilya Somin is Professor of Law at George Mason University and B. Kenneth Simon Chair in Constitutional Studies at the Cato Institute. He thinks the Supreme Court should take Trump off the ballot despite its facially anti-democratic optics. They went through the legal questions in front of the Court, the political and philosophical implications of disqualifying Trump under Section 3, and the interplay of law and politics that overlays it all.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

American aid to global victims of natural disasters might seem like a relatively new phenomenon, perhaps linked to the Marshall Plan and other major programs in the past several decades. But US efforts to assist those suffering from earthquakes, tsunamis, volcanic eruptions, major flooding, and other such catastrophes actually goes back to the James Madison administration, followed by a burst of intense activity and the birth of the modern US approach at the very start of the 1900s.David Priess chatted with Julia Irwin, history professor at Louisiana State University and author of the book Catastrophic Diplomacy, about the academic study of disaster assistance, why some natural disasters stick in collective memory more than others, how US aid for catastrophes started in 1812 in Venezuela, why US disaster aid expanded in the late 1800s, case studies from Martinique (1902) and Jamaica (1907) to Italy (1908) and Japan (1923), the effects of the two world wars on US disaster aid, the genesis of USAID and other governmental entities, the modern role of former presidents in raising money for disaster relief, the concept of disaster risk reduction, what contemporary US catastrophic assistance efforts have learned from the past, and the disaster movie genre.Among the works mentioned in this episode:The book Catastrophic Diplomacy by Julia IrwinThe book Making the World Safe: The American Red Cross and a Nation's Humanitarian Awakening by Julia IrwinThe book The Great Kantō Earthquake and the Chimera of National Reconstruction in Japan by J. Charles SchenckingThe movie WaterworldThe book Disaster Citizenship: Survivors, Solidarity, and Power in the Progressive Era by Jacob A.C. RemesChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

We're approaching the historic oral argument of the U.S. Supreme Court in Trump v. Anderson. That's the case over whether Donald Trump is disqualified from holding the presidency under Section 3 of the 14th Amendment, which bars certain insurrectionists from holding certain federal and state posts. Lawfare Senior Editor Roger Parloff sat down with James A. Heilpern, a Senior Fellow at Brigham Young University Law School. Heilpern co-authored with Michael T. Worley a new article on Section 3 that was just posted online January 1 and yet has already been cited in several Supreme Court briefs, including the merits brief of the voter challengers in Trump v. Anderson. It addresses the disputed issue of whether Section 3 even applies to presidents, and it concludes that it does. The article uses corpus linguistics and other forms of legal research to look at how crucial phrases were used in 1788, when the original Constitution was ratified, and also in 1868, when Section 3 was ratified.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

During a late night press conference in August, an Atlanta-area prosecutor announced a sprawling criminal case against Donald Trump and his allies for their alleged efforts to overturn the results of the 2020 election in Georgia. In a new book, investigative reporters Dan Klaidman and Michael Isikoff tell the story of the events that led to that moment—and the local prosecutor behind at all.Lawfare Editor-in-Chief Benjamin Wittes and Lawfare Legal Fellow Anna Bower spoke with Klaidman and Isikoff about the new details and insights revealed in their book, “Find Me the Votes: A Hard-Charging Georgia Prosecutor, a Rogue President, and the Plot to Steal an American Election.” In a wide-ranging conversation, they discussed the Jan. 6 committee's role in the Fulton County investigation, Sidney Powell's request for preemptive pardons in the aftermath of the 2020 election, Rudy Giuliani's plan to access to voting systems in Georgia, and recent allegations that District Attorney Fani Willis engaged in an improper relationship with one of her special prosecutors.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

U.S. military operations against Houthi rebels in Yemen have escalated rapidly in recent weeks, culminating in a number of major strikes aimed at degrading their ability to threaten Red Sea shipping traffic. But the war powers reports the Biden administration has provided to Congress are raising questions about how it is legally justifying this latest military campaign. To discuss the burgeoning conflict in Yemen and what it might mean for war powers, Lawfare Senior Editor Scott R. Anderson sat down with Brian Finucane, Senior Adviser at the Crisis Group; Lawfare Co-founder and Harvard Law School Professor Jack Goldsmith; and Lawfare Research Fellow Matt Gluck. They talked about their recent pieces on the topic, what we know and don’t know about the administration’s legal theory, and what the law might mean for how the conflict evolves moving forward.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Everyone recognizes sanctions as one of the United States’ most powerful tools of economic statecraft. But few realize that much of the information behind sanctions designations comes from another office within the Treasury Department: specifically, the Financial Crimes Enforcement Network (or FinCEN). And over the past few years, as sanctions and other economic tools have become more and more important, FinCEN has been evolving its operations and activities as well.To discuss the current state of FinCEN and what its future holds, Lawfare Contributing Editor Brandon Van Grack and Lawfare Senior Editor Scott R. Anderson had a conversation with its current Director, Andrea Gacki, for the latest installment of their “The Regulators” series, focusing on the policymakers at the frontlines of national security and economic statecraft. They discussed FinCEN’s involvement in the historic Binance settlement, what new policies FinCEN is rolling out to tackle everything from beneficial ownership to residential real estate, and how it is working with similar organizations around the globe.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, just Scott was joined for a Bizarro-world episode with guests Lawfare Senior Editor and Brookings Senior Fellow Molly Reynolds (back for a second episode in a row!) and Lawfare Legal Fellow Anna Bower! They talked over some of the week’s big stories, including:“Two Houses, Divided Against Themselves...” The fate of key national security legislation—including the Ukraine supplemental and border legislation—is increasingly coming down to the increasingly dysfunctional dynamics within and between the two chambers of Congress. What does this tell us about how our most democratic institution is operating?“Fani, Be Tender With My Love.” In recent weeks, Fulton Co. Prosecutor Fani Willis’s case against former President Trump and his associates has been endangered by rumors that she is engaged in a longstanding affair with subordinate prosecutor Nathan Wade—and that she extended the investigation to secure more salary for him. But is the story more smoke than fire?“Carpe Seize ‘Em.” The Biden administration has officially come out in qualified support of seizing Russia’s frozen assets to compensate Ukraine, and the Senate Foreign Relations Committee is scheduled to consider authorizing legislation this week. Is this finally a route to accountability? Or do the associated risks outweigh the benefits?For object lessons, Molly endorsed David Grann’s latest book, “The Wager.” Scott shouted out listener Paul whose birthday party he inadvertently crashed this past weekend, and urged other listeners to come say hi if they see him in the wild! And Anna urged anyone seeking a divorce in the state of Georgia to seek out the fine people at the Cobb County courthouse (who also make a lovely salad).Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's another episode of “Trump's Trials and Tribulations,” recorded on January 25 in front of a live audience on YouTube and Zoom. Lawfare Editor-in-Chief Benjamin Wittes, Lawfare Senior Editor Roger Parloff, and Lawfare Legal Fellow Anna Bower discussed all of the Section 3 litigation occuring across the country and Roger Parloff's recent article about whether the president is an officer of the United States. They talked about why we are still waiting on the D.C. Circuit to rule on Trump's presidential immunity claim and when the D.C. trial may actually start. They also talked about what is going on in Fulton County and Michael Roman's motion to disqualify District Attorney Fani Willis. And of course, they took audience questions from Lawfare Material Supporters on Zoom. To be able to submit questions to the panelists, you should become a Material Supporter at lawfaremedia.org/support.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From March 12, 2021: President Joe Biden has conducted military strikes in Syria, has articulated legal theories under which the series of strikes were proper and has temporarily reined in the use of drone strikes. To talk about Biden and war powers, Benjamin Wittes sat down with John Bellinger, who served as the legal adviser at the State Department and the legal adviser for the National Security Council in the Bush administration; Lawfare senior editor Scott Anderson, who worked in the State Department's Office of the Legal Adviser, as well as in the Iraqi embassy; and Rebecca Ingber, who also worked in the State Department's Office of the Legal Adviser and is currently a professor at Cardozo Law School. They talked about how the Biden administration justified the strikes in Syria, the reports it has not yet given on its legal and policy framework for counterterrorism, whether this is the year that AUMF reform might finally happen and which authorizations to use military force might finally see reform.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In front of a live audience at the Knight Foundation's INFORMED conference in Miami, Florida, Lawfare Editor-in-Chief Benjamin Wittes spoke with Hon. Kenneth L. Wainstein, Under Secretary for Intelligence and Analysis at the Department of Homeland Security; Jameel Jaffer, Executive Director of the Knight First Amendment Institute at Columbia University; and Lawfare Senior Editor Quinta Jurecic about government surveillance of open source social media.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Outer space is back in style. For the first time in decades, NASA is sending astronauts back to the moon. Millionaires are exiting the atmosphere on a regular basis. And Elon Musk says humans may land on Mars to set up settlements by 2030. But would mastering space be worth it?In their new book, “A City on Mars,” co-authors (and spouses) Dr. Kelly and Zach Weinersmith argue that it’s probably not. From biology to engineering to international law, they charmingly survey the many charms and dangers that space inevitably entails, with pictures to boot. For this week’s Chatter episode, Scott R. Anderson spoke with Kelly and Zach about their book, what role they think space exploration and settlement should play in humanity’s future, and why space may not be all it’s cracked up to be anytime soon.Among the works mentioned in this episode:The book “Soonish,” also by Kelly and Zach.The book “Dark Skies: Space Expansionism, Planetary Geopolitics, and the Ends of Humanity” by Daniel Deudney.The book “The Creation of States in International Law” by James Crawford.The television series “The Expanse.”The 1970s film “Libra.”The television series “For All Mankind.”Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Heather Cox Richardson is the author of the book “Democracy Awakening: Notes on the State of America,” which looks at the evolution of American democracy and traces the roots of Donald Trump’s “authoritarian experiment” to the earliest days of the republic. Lawfare’s Associate Editor for Communications Anna Hickey sat down with Richardson to discuss the state of American democracy today, the historical context we should use to understand the current threats to democracy, and what we can learn from previous periods of American history.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Software liability has been dubbed the “third rail of cybersecurity policy.” But the Biden administration’s National Cybersecurity Strategy directly takes it on, seeking to shift liability onto those who should be taking reasonable precautions to secure their software. What should a software liability regime look like? Jim Dempsey, a Senior Policy Adviser at the Stanford Cyber Policy Center, recently published a paper as part of Lawfare’s Security by Design project entitled “Standards for Software Liability: Focus on the Product for Liability, Focus on the Process for Safe Harbor,” where he offers a proposal for a software liability regime. Lawfare Senior Editor Stephanie Pell sat down with Jim to discuss his proposal. They talked about the problem his paper is seeking to solve, what existing legal theories of liability can offer a software liability regime and where they fall short, and his three-part definition for software liability that involves a rules-based floor and a process-based safe harbor.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The fallout from the SolarWinds intrusion took a new turn with the U.S. Security and Exchange Commission’s (SEC) decision to file a cybersecurity-related enforcement action against the SolarWinds corporation and its Chief Information Security Officer (CISO), Timothy G. Brown, on October 30 of last year. To talk about the details and significance of this enforcement action, Lawfare Senior Editor Stephanie Pell sat down with Shoba Pillay, a partner at Jenner & Block and a former federal prosecutor, and Jennifer Lee, also a partner at Jenner & Block and a former Assistant Director in the SEC’s Division of Enforcement. They discussed the cybersecurity and national security implications of the SolarWinds hack, what the SolarWinds enforcement action suggests about the SEC’s expectations for disclosure obligations of companies, and whether the SEC or another agency is best suited to determine whether and how SolarWinds should be held accountable. They also discussed larger takeaways and messages sent by the SEC’s decision to charge a CISO in this case. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

There is much debate among academics and policy experts over the power the Constitution affords to the president and Congress to initiate military conflicts. But as Michael Ramsey and Matthew Waxman, law professors at the University of San Diego and Columbia, respectively, point out in a recent law review article, this focus misses the mark. In fact, the most salient constitutional war powers question—in our current era dominated by authorizations for the use of military force—is not whether the president has the unilateral authority to start large-scale conflicts. Rather, it is the scope of Congress’s authority to delegate its war-initiation power to the president. This question is particularly timely as the Supreme Court appears growingly skeptical of significant delegations of congressional power to the executive branch.Matt Gluck, Research Fellow at Lawfare, spoke with Waxman and Ramsey about their article. They discussed the authors' findings about the history of war power delegations from the Founding era to the present, what these findings might mean if Congress takes a more assertive role in the war powers context, and why these constitutional questions matter if courts are likely to be hesitant to rule on war powers delegation questions.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, Quinta and Scott were joined by Lawfare Senior Editor and Brookings Institution Senior Fellow Molly Reynolds to talk through some big stories at the intersection of politics and national security, including:“Over the Hill.” Congress is back in town and up to its old tricks, kicking the can of government funding down the road and still debating a funding package for Ukraine and other Biden administration priorities. As President Biden prepares to meet with congressional leaders at the White House, what are the odds of any sort of functioning legislature in this heated election year?“Rewarmed Deterrence?” After weeks of threats, the United States and its allies finally took military action against the Houthi movement that has been threatening maritime traffic through the Red Sea in purported response to the Israeli military operation in Gaza. But will this solve the problem or only invite another cycle of escalation?“The Frozen Corn Primary.” The first step of the 2024 election is officially over and the race is down to three candidates, with former President Trump having won the Iowa caucuses handily over rivals Ron DeSantis and Nikki Haley. What does this first race tell us about the trajectory of the 2024 race—and how it intersects with Trump’s legal travails?For object lessons, Quinta recommended Paul Murray's book “The Beesting” as a pleasantly sad-funny read. Scott gave his annual PSA about why it's worth watching the divisional round of the NFL playoffs and endorsed the amazing "Art But Make it Sports" account on Twitter and Substack. And Molly told the story of Bob, the man who found the Alaska Airlines door plug in his backyard. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's another episode of “Trump's Trials and Tribulations,” recorded on January 18 in front of a live audience on YouTube and Zoom. Lawfare Editor-in-Chief Benjamin Wittes and Lawfare Senior Editors Quinta Jurecic and Roger Parloff discussed where the Section 3 disqualification litigation stands across the country and at the Supreme Court, about some amicus briefs, about the lack of action from the D.C. Circuit Court of Appeals on Trump's presidential immunity defense, and about a puzzling statement from a few D.C. Circuit judges on a different D.C. Circuit matter involving Twitter and executive privilege. They also talked about what Judge Cannon is up to in Florida, and of course, they took audience questions from Lawfare Material Supporters on Zoom. To be able to submit questions to the panelists, you should become a Material Supporter at lawfaremedia.org/support.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From January 28, 2017: President Trump kicked off the first foreign policy crisis of his new administration by signing an executive order mandating the construction of the much-promised border wall with Mexico, resulting in as-yet-unresolved confusion as to how the wall will be paid for and an ongoing diplomatic scuffle with Mexican President Enrique Peña Nieto. Benjamin Wittes spoke with Stephanie Leutert, the Mexico Security Initiative Fellow at the University of Texas at Austin and writer of Lawfare's "Beyond the Border" series, to chat about what the wall might look like, how effective it will or won't be, and what this means for U.S.-Mexico relations.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Last week, the Federal Trade Commission (FTC) reached a settlement with location data broker X-Mode Social. X-Mode collects over 10 billion location data points from all over the world every day, and sells it to clients in a range of industries, like advertisers, consulting firms, and private government contractors. The FTC argued that the data broker was conducting unfair business practices, including selling people’s sensitive location data.To discuss the FTC settlement and its implications, Lawfare's Fellow in Technology Policy and Law Eugenia Lostri sat down with Justin Sherman, Founder and CEO of Global Cyber Strategies and a Senior Fellow at Duke University’s Sanford School of Public Policy. They talked about the FTC’s groundbreaking decision to list sensitive locations about which X-Mode cannot sell data, the likelihood that we will see further FTC action against data brokers, and the persistent need for comprehensive privacy legislation to better address harms.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Lloyd Austin's hospitalization and delayed communication about it have spurred much commentary and questions about the role of the secretary of defense in the US nuclear-strike chain of command.David Priess spoke with Hans Kristensen, Director of the Nuclear Information Project at the Federation of American Scientists, about his path to expertise on nuclear issues, the chain of command for nuclear strike authorization (and recent comments from elected representatives that misunderstand it), alternatives to the current system, fictional scenarios of nuclear launches, what is known about different nuclear states' authorization processes, the "letters of last resort" for UK nuclear submarines, deterrence and human psychology, and more.Among the works mentioned in this episode:The TV movie The Day AfterThe movie WarGamesThe movie The Bedford IncidentThe music video for "Land of Confusion" by GenesisThe movie Dr. StrangeloveThe movie Fail SafeThe movie The Man Who Saved the WorldThe movie A Few Good Men"Finger on the Button," paper by Jeffrey G. Lewis and Bruno Tertais, Middlebury Institute of International Studies at MontereyThe book The Dead Hand by David HoffmanThe movie Crimson TideChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Last month, the Department of Defense released its first-ever policy on civilian harm reduction. But as Marc Garlasco recently wrote in Lawfare, “[T]he policy comes at an awkward time … The U.S. military has issued guidance on how to protect civilians during operations just as its close ally Israel has reportedly killed thousands of Palestinians with American bombs.” And yet, many aspects of the new policy are nothing short of groundbreaking.  Lawfare Managing Editor Tyler McBrien sat down with Marc, a former targeting professional and war crimes investigator and current military advisor at PAX, as well as Emily Tripp, the Director of Airwars, a transparency watchdog NGO which tracks, assesses, archives, and investigates civilian harm claims in conflict-affected nations. They discussed the state of civilian harm worldwide; the good, the bad, and the ugly of the Pentagon’s new policy; and recent efforts to get U.S. allies and partners to buy in. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Chimène Keitner is the Martin Luther King Jr. Professor of Law at the University of California at Davis. She is a leading international law authority and served for a number of years at the State Department’s Office of the Legal Adviser. She is the author of a lengthy piece in Lawfare about South Africa's petition under the Genocide Convention against Israel in the International Court of Justice.Chimène joined Lawfare Editor-in-Chief Benjamin Wittes to talk about the litigation. What is South Africa's claim under the Genocide Convention? What is Israel's defense? Where are both sides vulnerable? And how will the court likely consider the matter at this preliminary stage?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Over the last two months, Houthi militants have waged more than 27 attacks against merchant shipping and U.S. and partner forces in the Red Sea, the Gulf of Aden, and the Bab al-Mandeb Strait, purportedly in response to the war in Gaza. These attacks have significantly disrupted global shipping and surged the Middle East into an even more precarious security situation. Following a large-scale Houthi attack on U.S. and British ships, the U.S. and U.K. on Jan. 11 launched over 150 munitions targeting almost 30 Houthi sites in Yemen. The U.S. on Jan. 12 carried out another strike on a Houthi radar facility. The Houthis have since retaliated with multiple strikes targeting U.S. forces. Yesterday, the Houthis for the first time successfully struck a cargo ship owned and operated by the United States.Lawfare Research Fellow Matt Gluck sat down with Gregory Johnsen, the Associate Director of the Institute for Future Conflict at the U.S. Air Force Academy and Lawfare Senior Editor Scott R. Anderson to discuss the spate of Houthi attacks, the U.S. response and the associated domestic and international law questions, and where the fighting is likely to go from here. What can history tell us about the possible paths forward? Why did the U.S. act when it did? What’s in it for the Houthis? They chewed over these questions and more. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From March 4, 2017: Yesterday, Just Security and the Center on Law and Security at New York University School of Law hosted Benjamin Wittes for a conversation on a question about the path of the Trump presidency so far: what happens when we can’t take the president’s oath of office seriously?Ben’s talk focused on an essay he and Quinta Jurecic posted to Lawfare simultaneously with the speech, in which they argued that the presidential oath—little discussed though it may be in constitutional jurisprudence and academic literature—is actually the glue that holds together many of our assumptions about how government functions. And when large enough numbers of people come to doubt the sincerity of the president’s oath, those assumptions begin to crumble.Big thanks to Ryan Goodman of Just Security and Zachary Goldman of the Center on Law and Security for putting together this event. Make sure to also read Ryan’s Just Security followup post on his discussion with Ben and the questions raised by our essay.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, Quinta and Scott were joined by Lawfare Executive Editor Natalie Orpett to discuss the week’s big national security and courtroom news, including:“Ergo Omnes.” South Africa has brought Israel to the International Court of Justice for actions relating to its military campaign in Gaza, based on a novel legal theory that alleges Israeli violations of the Genocide Convention and asserts standing by virtue of the universal obligation to prevent genocide. What practical impact is this litigation likely to have? And what does it mean as a precedent for the international community?“Cert(ain Doom) Petition.” The Supreme Court has officially taken up former President Trump’s appeal of a Colorado Supreme Court decision disqualifying him from the 2024 ballot there on the grounds that he is ineligible to hold office. While some have welcomed the chance to nationalize Colorado’s holding, others have warned that doing so would be a grave blow to popular democracy. How might the matter play out? And what will it mean for the 2024 election and after?“Void Austin.” Secretary of Defense Lloyd Austin spent several days in the hospital earlier this month—without notifying the White House, leaving what some believe was a gaping hole at the highest level of the U.S. military chain of command. How big a problem was this? What steps should be taken in response?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's another episode of “Trump's Trials and Tribulations,” recorded on January 11 in front of a live audience on YouTube and Zoom. Lawfare Editor-in-Chief Benjamin Wittes spoke with Lawfare Senior Editors Quinta Jurecic and Roger Parloff, and Lawfare Legal Fellow Anna Bower, about the closing arguments in the New York civil case, about the Supreme Court's decision to grant Trump's petition for it to review the Colorado Supreme Court's decision barring him from the ballot under the 14th Amendment, and about the flurry of motions filed in Fulton County by the January 8 deadline. They also checked in on the Southern District of Florida to see what was, or wasn't, going on, and took audience questions from Lawfare’s Material Supporters on Zoom. To be able to submit questions to the panelists, become a Material Supporter at lawfaremedia.org/support.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From September 26, 2015: On this week’s Lawfare Podcast, Gregory Johnsen outlines the current state-of-play in Yemen. Johnsen, who is a writer-at-large for Buzzfeed News, a doctoral candidate at Princeton University, and an all-things-Yemen-expert, walks Ben through the byzantine power politics in Sanaa that led to the conflict now engulfing Yemen and he explains why the war shouldn’t be viewed as just another Sunni-Shia fight. Yet while he clarifies that the issues that sparked the war are much more local, he warns that the longer the conflict goes on, the more likely it is to expand. Johnsen also outlines the events that led to the Saudi intervention and whether or not Yemen—which he says is really twelve separate factions now—can ever be put back together again.Johnsen is the author of The Last Refuge: Yemen, al Qaeda, and America’s War in Arabia. Follow him on Twitter for the latest updates on Yemen.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On January 11, 2024, Donald J. Trump arrived in a New York courtroom for closing arguments in the civil fraud case against the former president, his company, and his adult sons. The suit, brought by the state’s attorney general Letitia James, alleges that Trump and his company misled lenders about the former president’s net worth in order to secure better business deals. The case is not Trump’s only legal trouble, but it’s one that could have a consequential impact for his family business and the image he has crafted for himself as a richer-than-rich, deal-making business man.What are the legal issues at stake? What might Trump argue on appeal? And how could the outcome affect Trump’s finances?To talk it all through, Lawfare Legal Fellow and Courts Correspondent Anna Bower spoke with Tristan Snell, former New York Assistant Attorney General and lead prosecutor in the Trump University fraud case. Tristan is also the author of a forthcoming book called, “Taking Down Trump.”Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Brandon Stoddard was one of the most accomplished executives in broadcast television history. In his career at ABC, he helped bring to the small screen such legendary mini-series as “Roots” and “The Winds of War,” as well as the acclaimed television series “Moonlighting” and “Roseanne.” But arguably his most consequential and controversial decision was to air the made-for-TV movie “The Day After,” which graphically depicted the effects of a nuclear war between the United States and the Soviet Union. Stoddard faced opposition from his colleagues, pundits, and even the Reagan White House, which pressured ABC to pull the film. But having conceived of the project as an impetus for people around the world to grapple with the potential of a devastating war, Stoddard forged ahead and broadcast the film in November 1983. It was an epochal event in U.S. history. One hundred million people tuned in to watch, and the movie became the most-watched in television history. It was a national moment of the kind Americans rarely share today. Journalist A. B. Stoddard, Brandon’s daughter, spoke with Shane Harris about her dad’s determination to air the film and what he hoped to achieve. Stoddard is well known for her political commentary and work at The Bulwark. But today, she shares personal memories of her father, his illustrious career, and the legacy of his work. In November of last year, to commemorate the 40th anniversary of “The Day After,” she wrote a column, “The Day My Father Scared America.” Among the works mentioned in this episode:A.B. Stoddard’s column on her dadhttps://plus.thebulwark.com/p/brandon-stoddard-the-day-after Shane’s previous conversation with Nicholas Meyer, who directed “The Day After” https://podcasts.apple.com/us/podcast/the-day-after-with-nicholas-meyer/id1593674288?i=1000558946928 A.B. Stoddard’s columns for The Bulwarkhttps://substack.com/@abstoddard The catalog of Brandon Stoddard’s work https://www.imdb.com/name/nm0830992/ Brandon Stoddard’s induction in the Television Academy Hall of Fame https://www.emmys.com/bios/brandon-stoddard “The Day After” (on YouTube) https://www.youtube.com/watch?v=utGRP9Zy1lg Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Jay Venables of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The Israeli Supreme Court—in the middle of the war in Gaza—handed down a decision that amounts to a kind of death blow to Prime Minister Bibi Netanyahu's judicial reform project. Before October 7, judicial overhaul was all that anybody was talking about in Israeli politics—you know, a five-part legislative plan to assert parliamentary control over the judiciary and reduce Israel's checks and balances into a more majoritarian system. Only one part of it passed, and the Supreme Court has now struck it down in a decision that sharply divided the court on some questions and reflected significant unity on others.To discuss the 700-page ruling, we brought back our Israeli judicial overhaul team: Yuval Shany of Hebrew University and Amichai Cohen of Ono Academic College. Lawfare Editor-in-Chief Benjamin Wittes spoke with them about what the court did and what the court didn't do, about their doing it in the middle of a war and whether that was truly necessary, and about where the judicial politics of Israel go from here. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Yesterday, a panel of judges at the D.C. Circuit Court of Appeals heard oral arguments in former President Trump's appeal of Judge Chutkan's denial of his claims of presidential immunity in the Jan. 6 case.On a livestream yesterday afternoon to talk over what happened in every phase of the oral arguments, Lawfare Editor-in-Chief Benjamin Wittes spoke with Lawfare Legal Fellow Anna Bower who was in the room for the arguments, and Lawfare Senior Editors Scott R. Anderson, Quinta Jurecic, and Roger Parloff. Anna Bower discussed what is was like in the courtroom where both former President Trump and special counsel Jack Smith were seated. They talked about the merits and jurisdictional questions the judges considered, their impressions about what the judges may be thinking about the case, and how the lawyers performed. They even talked about whether Lawfare was once again first in line, and they looked forward to what happens next.You can watch a video version of their conversation here.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Michael J. Gottlieb is a litigation partner at the Willkie law firm. He is a long-time national security lawyer, served in Barack Obama's White House Counsel's office, and used to be the civilian lead on a task force that built rule of law institutions in Afghanistan.Late last year, he won a $148 million dollar judgment against Rudy Giuliani on behalf of election workers Shaye Moss and Ruby Freeman. He joined Lawfare Editor-in-Chief Benjamin Wittes to talk about the case, how he and the advocacy group Protect Democracy teamed up to use defamation law to fight disinformation and the big lie, what the use of defamation in this way can and cannot be expected to do, and how he went from building rule of law institutions in Afghanistan to representing people who have had their lives turned upside down by a toxic media ecosystem. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On Tuesday, Jan. 9, the D.C. Circuit Court of Appeals is set to hear oral argument in United States v. Trump. Trump, indicted in D.C. for alleged crimes related to election interference, is appealing the trial court’s denial of his motion to dismiss based on presidential immunity and constitutional grounds.Ahead of the hearing, we gathered an all-star team to discuss the merits of Trump’s appeal and how the D.C. Circuit might rule. Lawfare Legal Fellow and Courts Correspondent Anna Bower sat down with Lawfare Editor-in-Chief Benjamin Wittes, Lawfare Senior Editor Quinta Jurecic; Stanton Jones, counsel for American Oversight, which has filed a fascinating amicus brief that questions whether the appeals court has jurisdiction to decide the case in the first place; and Matthew Seligman, counsel for a group of former Republican officials who have filed an amicus brief in opposition to Trump’s claim of immunity. Matthew is also the co-author of a forthcoming book on presidential elections called, “How to Steal a Presidential Election.”Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, Quinta and Scott were joined by Lawfare Legal Fellow Anna Bower to talk through the week’s big national security news, including:“Hamas, No Más.” A senior Hamas official was recently killed in an attack in Beirut, in what many believe was an operation by Israel—a country whose leaders have pledged to target Hamas’s leaders wherever they might be, though it has not formally acknowledged involvement in this particular attack. But pursuing such action across a border that is already on the edge of becoming a second front in the Gaza conflict has observers nervous. How significant is this operation? Does it risk regional escalation?“Bad for the Immune System.” Just before the holiday, the Supreme Court rejected special counsel Jack Smith’s petition for it to expedite consideration of former President Trump’s claim of immunity to criminal charges. And in the week that’s passed, briefing is already underway—including an argument by an amicus asserting that appeal shouldn’t be allowed at all. What hangs on this case? And how do the courts seem poised to address it?“The Unprincipled Agent Problem.” The Justice Department has leveled additional charges against Sen. Robert Menendez and his wife alleging additional illegal actions in support of Qatar, including some in violation of the Foreign Agents Registration Act. Meanwhile, several associates of former President Trump have faced similar charges for alleged work for the same government. What should we make of these powerful public officials and their associates doing work for foreign governments? And is FARA the right tool to address it?For object lessons, Quinta continued to suck up to the estate of Roberto Bolano by endorsing his book “The Savage Detectives.” Scott spilled the beans on one of Denver’s lovely speakeasies, B&GC. And Anna urged folks to try out a Tarot Card reading for the New Year—advice Fox News appears to have taken on former President Trump’s behalf.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's another episode of “Trump's Trials and Tribulations,” recorded on January 4 in front of a live audience on YouTube and Zoom. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Legal Fellow Anna Bower and Lawfare Senior Editor Roger Parloff to discuss all of the Section 3 litigation happening across the country from Colorado to Maine. They talked about where the D.C. case stands and whether the Jan. 6 trial will start on March 4. And they took questions from a live audience.This is a live conversation that happens online every Thursday at 4:00pm Eastern Time. If you would like to come join and ask a question, be sure to visit Lawfare’s Patreon account and become a Material Supporter.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From December 11, 2018: Last week, Benjamin Wittes sat down with Gregory Johnsen, a former member of the U.N. Security Council Panel of Experts on Yemen and the author of the book "The Last Refuge: Yemen, Al-Qaeda, and America’s War in Arabia," to do a deep dive on the conflict in Yemen: its origins; its current state; and the role Iran, Saudi Arabia, and the United States have played and are likely to play moving forward. Joining Ben and Greg was Daniel Byman, senior fellow at the Brookings Institution’s Center for Middle East Policy and Lawfare’s own Foreign Policy Editor.After Ben and Dan’s conversation with Greg, Brookings Fellow Molly Reynolds and Lawfare's Scott R. Anderson sat down for a conversation about Yemen-related legislation that is currently churning on Capitol Hill, and what it may mean for the future of U.S. involvement in the conflict there.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Last month, at COP28 in Dubai, the Republic of the Marshall Islands unveiled its sweeping national climate adaptation plan, the multi-year product of government officials interviewing thousands of Marshallese residents across the country’s dozens of coral atolls. The plan is ambitious and groundbreaking because it has to be. As John Silk, foreign minister of the Marshall Islands, said in September, “We call it our national adaptation plan, but it is really our survival plan.”Lawfare Managing Editor Tyler McBrien sat down with Jake Bittle, a staff writer at Grist who covers climate impacts and adaptation and the author of a recent book about climate migration called “The Great Displacement,” about this very plan, which Jake obtained ahead of the annual climate conference. They discussed what makes this particular climate adaptation plan revolutionary, the thorny geopolitics of climate financing, and the unimaginable, unquantifiable loss that might occur should the worst case scenarios come to fruition for the Marshallese. But they also talked about why, despite its dire warnings and existential subject matter, the plan’s creators ultimately see it as an optimistic document. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From the protests in Brazil initially focused on bus fares to the protests in Hong Kong seeking to stop an extradition bill to the protests across the Middle East now collectively referred to as the "Arab Spring," the political and economic mass demonstrations from 2010 to 2020 made it a decade of public protest like no other. Yet the vast majority of these efforts failed to bring about their desired changes--and many of them actually led to the opposite of what they wanted. Vincent Bevins, author of the new book If We Burn: The Mass Protest Decade and the Missing Revolution, has chronicled this decade with stories from his on-the-ground reporting and extensive interviews with activists in ten countries around the globe.David Priess spoke with Vincent about why mass protests during this decade so often fell short of their objectives, the principle of horizontalism, the role of social media in mobilization and action, and other themes as they relate to the mass protests in Brazil, Turkey, Hong Kong, Tunisia, Egypt, Bahrain, Syria, South Korea, and other countries.Among the works mentioned in this episode:The book If We Burn: The Mass Protest Decade and the Missing Revolution by Vincent BevinsThe movie The CandidateThe book From Mobilization to Revolution by Charles TillyThe book Minor Detail by Adania ShibliThe book Bourdieu's Secret Admirer in the Caucasus by Georgi DerluguianChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Noam Osband and Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The conflict between Israel and Hamas is provoking heated debates about which side is in the right. Each accuses the other of things like war crimes. Oftentimes, they’re expressing a political or moral judgment—but the fact is, these are also legal terms.So for this discussion, we’re going to step back from the debates and try to take a dispassionate look at the law that applies here—international humanitarian law, or IHL.To do that, Lawfare Executive Editor Natalie Orpett sat down with Gabor Rona, who previously served as the legal adviser for the International Committee for the Red Cross. They talked about what IHL has to say about the most heated debates of this conflict, including the high number of civilian casualties in Gaza and Hamas’s use of human shields. They talked about the gaps in the law. And they talked about whether the law even matters here. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In May 2023, Montana passed a new law that would ban the use of TikTok within the state starting on January 1, 2024. But as of today, TikTok is still legal in the state of Montana—thanks to a preliminary injunction issued by a federal district judge, who found that the Montana law likely violated the First Amendment. In Texas, meanwhile, another federal judge recently upheld a more limited ban against the use of TikTok on state-owned devices. What should we make of these rulings, and how should we understand the legal status of efforts to ban TikTok?We’ve discussed the question of TikTok bans and the First Amendment before on the Lawfare Podcast, when Lawfare Senior Editor Alan Rozenshtein and Matt Perault, Director of the Center on Technology Policy at UNC-Chapel Hill, sat down with Ramya Krishnan, a staff attorney at the Knight First Amendment Institute at Columbia University, and Mary-Rose Papandrea, the Samuel Ashe Distinguished Professor of Constitutional Law at the University of North Carolina School of Law. In light of the Montana and Texas rulings, Matt and Lawfare Senior Editor Quinta Jurecic decided to bring the gang back together and talk about where the TikTok bans stand with Ramya and Mary-Rose, on this episode of Arbiters of Truth, our series on the information ecosystem.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Welcome to our annual “Ask Us Anything” episode, a hallowed Lawfare tradition. Every news alert in 2023 seemed to bring new questions. But fear not, because Lawfare has answers. Lawfare senior editors answered listener-submitted questions on the Israel-Gaza War, military aid to Ukraine, the Trump trials, gag orders against the former president, the presidential pardon ability, violence against elected officials, efforts to combat corruption, and more. What a year! Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From September 27, 2014: A few weeks ago, Benjamin Wittes began listening to a podcast called Hardcore History, which is the brainchild of a fellow named Dan Carlin. Carlin was doing a series of episodes on World War I, and Hardcore History is—let's just say—a different sort of podcast. The episodes are very long, very involved, and to Ben at least, completely riveting. Ben can't recommend it highly enough. Carlin, a former radio talk show host, also runs a podcast called Common Sense, which focuses on contemporary political issues and features Carlin's eclectic political views—many of which Ben disagrees with intensely. Literally millions of people are downloading Carlin's lectures on World War I and other major events in mostly military history. Ben caught up with Carlin this week to discuss the World War I series, Hardcore History more generally, and his views on matters surveillance, ISIS, and overseas intervention.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, Quinta and Scott rang in the New Year with co-host emeritus Benjamin Wittes by discussing some listener-submitted topics, including:What does the AUKUS deal mean for the Five Eyes intelligence relationship?How can courts enforce a gag order against former President Trump?What would a President Nikki Haley mean for the Republican Party’s foreign policy?Which is better, wizards or fighters?Could anything stop former President Trump from appointing a cabinet of loyalists if elected back into the White House?How is misinformation impacting public understandings of the Gaza conflict?What advice would you give to folks beginning law school—and those married to them?Could we just do away with hard printouts of classified information altogether?How will China’s economic and demographic challenges impact its decision-making on Taiwan?What does Prighozin’s death mean for Wagner in Africa?What was your most (or least) favorite media of the year?As for object lessons, they shared several sent in by listeners, including:The video game Pentiment, a murder mystery set in Renaissance Bavaria;The book “Palestine 1936: The Great Revolt and the Roots of Middle East Conflict” by Oren Kessler;The “anti-reactionary conservative news site” The Dispatch, including its podcasts Advisory Opinions, The Remnant, and The Dispatch Podcast;The book “Three Dangerous Men” by Seth Jones, examining military leaders in China, Iran, and Russia;The book “Killers of the Flower Moon” by David Grann (but not the movie);The podcast “The Prince” about the rise of Xi Jinping (along with The Economist’s other phenomenal podcast work);The book “Listen Liberal: Or, What Ever Happened to the Party of the People” by Thomas Frank;The new book “For the People, For the Country” by John Ragosta, a political biography of Patrick Henry;And LinkedIn as the hot new social networking site!Thank you to everyone for listening to Rational Security and supporting Lawfare throughout the year. We hope you enjoy a Happy New Year, and we will be back in your feeds in 2024!Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From February 9, 2019: From the increasing development of autonomous weapons systems to the expansion of the traditional battlefield to cyber and outer space, the evolution of warfare invites ethical and legal questions about what the future holds. In November 2018, Arnold & Porter's Veterans and Affiliates Leadership Organization hosted a panel discussion to explain what warfare will be like for the military veterans of the future.Former Air Force and Army general counsel and current Arnold & Porter partner Chuck Blanchard moderated a conversation with American University law professor Ken Anderson, Emory law professor Laurie Blank, and Jamie Morin, vice president of Defense System Operations at The Aerospace Corporation and a director of the Center for Space Policy and Strategy.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Former President Trump’s prosecution for mishandling classified documents at his Mar-a-Lago estate has brought an old law back to the front pages—the Espionage Act.Enacted more than a century ago, parts of that law allowing for the prosecution of those who mishandle or unduly disclose sensitive national security information, have helped provide the legal infrastructure for the modern classification system used to protect our country's most important secrets. And by some accounts, to limit debate over some of its most controversial policies.In his new book, “State of Silence,” George Mason University History Professor Sam Lebovic provides a fast-paced and eminently readable account of the Espionage Act, from its early-20th-century origins, through the various twists and turns that have led it to be applied to government leakers and former presidents alike. Lawfare Senior Editor Scott R. Anderson sat down with Lebovic to discuss the unlikely evolution of the Espionage Act, the role that it has come to play in our national security system, and how it might be changed to better reflect our democratic values.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week, we're taking time off for the holidays, so we reached into the Chatter archives for one of our favorites.In this episode from January 13, 2022, Shane Harris and David Priess teamed up to talk with John Sipher, a former senior intelligence officer who has gone Hollywood. With his partners at Spycraft Entertainment, John is bringing compelling and, yes, accurate stories about espionage to the screen. Before working in the entertainment industry, he spent 28 years in the CIA, where he served multiple overseas tours as a chief of station. Shane, David, and John talked about their favorite spy movies, the fine line between the espionage and action-adventure genres, and the kinds of stories they’d like to see more of.  Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo, with engineering assistance from Ian Enright. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Between 1865 and 1872, the first iteration of the Ku Klux Klan conducted a reign of terror across the former Confederate States, harassing, intimidating, and murdering freedpeople and their white allies. As violence spread with impunity across the South, Congress, at President Ulysses S. Grant’s urging, passed three Enforcement Acts, which radically expanded the federal government's ability to protect individuals from violence when their state governments could or would not. Lawfare Associate Editor for Communications Anna Hickey sat down with Fergus Bordewich, author of “Klan War: Ulysses S. Grant and the Battle to Save Reconstruction,” to discuss how the Grant administration fought the first domestic terrorist organization the federal government had ever faced. They also talked about the political terrorism conducted by the Klan in that era and what we can learn from that violent period of American history.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The Supreme Court last month heard oral arguments in United States v. Rahimi, in which the Court will decide the constitutionality of a federal law that criminalizes the possession of firearms by individuals on whom state courts have imposed domestic violence protective orders. This case came to the Court following its June 2022 ruling in New York State Rifle & Pistol Association v. Bruen. In that case, the Court determined that whether a law violates the Second Amendment depends on whether there is a “representative historical analogue” for the contemporary law. Amanda Tyler, the Shannon Cecil Turner Professor of Law at the University of California, Berkeley School of Law, argued in a recent article in Lawfare that the many laws disarming loyalists that existed at the time of the Founding serve as a set of “historical analogues” required by Bruen to demonstrate the constitutionality of the statute at issue in Rahimi—a claim which has been disputed by Rahimi’s lawyers. Lawfare Research Fellow Matt Gluck sat down with Tyler to discuss the Rahimi case, the nature of the Founding-era laws that stripped loyalists of their firearms, whether loyalists were members of the American political community, why that question matters for the Court’s ruling in Rahimi, and more.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The Supreme Court during World War II issued some of the most notorious opinions in its history, including the Japanese exclusion case, Korematsu v. United States, and the Nazi saboteur military commission case, Ex parte Quirin. For a fresh take on these and related cases and a broader perspective on the Supreme Court during World War II, Jack Goldsmith sat down with Cliff Sloan, a professor at Georgetown Law Center and a former Special Envoy for Guantanamo Closure, to discuss his new book, which is called “The Court at War: FDR, His Justices, and the World They Made.”  They discussed how the Court's decisions during World War II were informed by the very close personal bonds of affection that most of the justices had with President Roosevelt and by the justices’ intimate attachment to and involvement with the war effort. They also discussed the fascinating internal deliberations in Korematsu, Quirin, and other momentous cases, and the puzzle of why the same court that issued these decisions also, during the same period, issued famous rights-expanding decisions in the areas of reproductive freedom, voting rights, and freedom of speech.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, Quinta and Scott were joined by Lawfare Executive Editor Natalie Orpett and Cyber Fellow Eugenia Lostri to talk through the big national security news waking us up from our long winter’s nap this week, including:“Rocky Mountain, Bye.” Colorado’s Supreme Court has bid goodbye to former President Donald Trump’s 2024 candidacy (for now, at least), holding in a 4-3 ruling that he is disqualified as a candidate by virtue of Section 3 of the 14th Amendment. Will this ruling hold? And where will it go from here?“Houthis to Sea, so Rudely, a Wop Bop a Loo Bop a Wop Bam Boom.” Attacks by Yemen-based (and Iran-backed) Houthi rebels have led major shippers to avoid the Red Sea, dealing a serious blow to global commerce. But the United States and a coalition of allies has announced a new maritime effort—the (perhaps too) aptly named Operation Prosperity Guardian—to keep trade flowing. What will this military operation look like? And what will it mean for the global economy?“Not So Bueno(s) Aires?” Argentina has a new president in the form of eccentric populist economist and literal dogfather Javier Milei. What does his election mean for the future of the country? We have a live dispatch from Buenos Aires to talk it over.For object lessons, Quinta recommended Jennifer Egan’s 2022 classic “A Visit From the Goon Squad” and her latest “The Candy House.” Scott shared his preferred recipe for mulled wine and the secret ingredient: star anise. Natalie shared a wealth of new materials celebrating civil rights leader Bayard Rustin, including a new film Rustin, as well as a recent profile in The New Yorker. And Eugenia gave the people what they want with her endorsement of the Dragon Age series of games.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's part two of our Lawfare year-end event. Yesterday, we brought you the headliner conversation with Adam Kinzinger. Today, it's three panels of Lawfare insiders talking about the year to come and the year that's passed. We did a panel on democracy, the Trump trials, and related matters. We did a panel on cybersecurity, cyber defense, and AI. And of course, we did a panel on foreign policy and the various crises that are overtaking American foreign policy.You can watch a video version of their conversation here.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's another episode of “Trump's Trials and Tribulations,” this one recorded on December 21 in front of a live audience on YouTube and Zoom. This week, Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Legal Fellow Anna Bower and special guest Anthony Michael Kreis from the Georgia State University College of Law.They talked about the 11th Circuit's denial of Mark Meadows’s removal request in Fulton County, about why the order may have worrisome secondary effects, and of course, about that decision from the Colorado Supreme Court blocking Trump from the 2024 Republican primary ballot. This is a live conversation that happens online every Thursday at 4:00pm Eastern Time. If you would like to come join and ask a question, be sure to visit Lawfare’s Patreon account and become a Material Supporter.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The other day before a live audience, we had our Lawfare year-end extravaganza. It was two hours long, so we've broken it up for purposes of the podcast. In this episode, you'll hear Lawfare Editor-in-Chief Benjamin Wittes interview Adam Kinzinger, former representative and member of the Jan. 6 committee, who headlined the event. They talked about the big national security stories of 2023, both domestically and abroad. They talked about what to expect in 2024, and how the international stories are linked to American domestic politics and dysfunction. You can watch a video version of their conversation here.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Secure by Design means different things to different people. As part of Lawfare’s ongoing project to understand what Secure by Design might mean in practice, we are trying to identify the open questions—areas where research or inquiry might help our collective understanding of the concept and how it might work. Lawfare Contributing Editor Paul Rosenzweig sat down with three Senior Advisers to CISA—Lauren Zabierek, Jack Cable, and Bob Lord—who work on the cutting edge of SbD design and implementation, to get their thoughts on research that would be of ongoing value to their efforts to define an SbD standard.You can watch a video version of their conversation here.For more information, including the resources mentioned in this episode:CISA, U.S. and International Partners Announce Updated Secure by Design Principles Joint Guide | CISACISA, NSA, FBI and International Cybersecurity Authorities Publish Guide on The Case for Memory Safe Roadmaps | CISABlog: The Next Chapter of Secure by Design | CISAExpanded Secure by Design Publication: Secure-by-Design | CISAWhite Paper: https://www.cisa.gov/resources-tools/resources/secure-by-design (English and Spanish versions available)Blog on Memory Safety: The Urgent Need for Memory Safety in Software Products | CISAApplying Secure By Design to events : Applying “Secure By Design” Thinking to Events in the News | CISARFI on secure software attestation form: CISA Requests Comment on Draft Secure Software Development Attestation Form | CISADirector Jen Easterly on updated Secure by Design in Singapore (start 2:12): SICW Opening Ceremony & SICW High-Panels - Opening Plenary - YouTubeRosenzweig on Auto/Cyber Liability: https://tcg-website-prod.azurewebsites.net/the-evolving-landscape-of-cybersecurity-liability/Unsafe At Any Speed: CISA's Plan to Foster Tech Ecosystem Security (youtube.com)Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Modern representative democracy was born in darkness. Transparency in representative bodies can spur unintended consequences for freedom, while secrecy in those bodies can lead to optimal outcomes for the public.These are uncomfortable truths that emerge from the history of the US and French revolutionary experiences. Many of our governance challenges today, from malign misinformation to persistent leaks to skepticism toward authority, derive in part from the fact that fundamental issues about how to manage openness in a representative deomcracy remain unresolved.David Priess chatted with Katlyn Carter, assistant professor of history at Notre Dame and author of the new book Democracy in Darkness: Secrecy and Transparency in the Age of Revolutions, about the concepts of reflective representation and insulated representation, how to understand and research the will of the people, the Continental Congress's secrecy, the closed-door policy of the Constitutional Convention, the consequences of its secrecy for the doctrine of originalism, the crucial cases of the Jay Treaty and the Alien and Sedition Acts, James Madison's evolving views about representation and openness, the difficult realization that open dialogue and debate do not always lead to truth, and Thomas Jefferson's complicated legacy.Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In an end-of-the-day ruling on Tuesday, the Colorado Supreme Court struck Donald Trump from the Republican primary ballot on grounds that he was disqualified for the presidency as a result of Section 3 of the 14th Amendment. The decision now appears to be fast-tracked to Supreme Court consideration that could obliterate it or make it apply nationally. To go over all the twists and turns, Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor Roger Parloff and Gerard Magliocca, a professor at the University of Indiana, who wrote a key law review article on Section 3 of the 14th Amendment. They talked about the Colorado decision—where it's strong, and where it's less strong. They talked about how this is going to land at the Supreme Court—which parts the justices are likely to accept, and which parts they're going to pick apart. They talked about the politics of it all, and they talked about what it means to engage in insurrection.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In 2021, the Wall Street Journal published a monster scoop: a series of articles about Facebook’s inner workings, which showed that employees within the famously secretive company had raised alarms about potential harms caused by Facebook’s products. Now, Jeff Horwitz, the reporter behind that scoop, has a new book out, titled “Broken Code”—which dives even deeper into the documents he uncovered from within the company. He’s one of the most rigorous reporters covering Facebook, now known as Meta.On this episode of Arbiters of Truth, our series on the information ecosystem Lawfare Senior Editor Quinta Jurecic sat down with Jeff along with Matt Perault, the Director of the Center on Technology Policy at UNC-Chapel Hill—and also someone with close knowledge of Meta from his own time working at the company. They discussed Jeff’s reporting and debated what his findings tell us about how Meta functions as a company and how best to understand its responsibilities for harms traced back to its products.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Bryan Vorndran is Assistant Director of the FBI's Cyber Division, a position he's held since around March 2021. Prior to that, he was the special agent in charge in New Orleans, and he's worked in Afghanistan and on the Joint Terrorism Task Force at the Washington Field Office.David Kris, Lawfare contributor and former Assistant Attorney General for the National Security Division, and Bryan Cunningham, Lawfare contributor and Executive Director of the University of California, Irvine’s Cybersecurity Policy & Research Institute, sat down with Bryan to talk about his career trajectory, the FBI's top cyber challenges, the Bureau's relationships with other agencies and private sector entities, and the challenges posed by the People's Republic of China. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The conflict in Gaza may be approaching a turning point. An increasingly frustrated Biden administration has reportedly told Israeli officials that the military campaign needs to wind up within weeks, while even some Israeli officials have suggested that Hamas is on the verge of defeat. But as the physical and human devastation in Gaza continues to mount, the question of what comes after the conflict ends looms just over the horizon, without anyone offering a clear answer. To talk through the state of the conflict and what might come next, Lawfare Senior Editor Scott R. Anderson sat down with Joel Braunold, the Managing Director of the S. Daniel Abraham Center for Middle East Peace—someone who has followed the Israeli-Palestinian conflict closely for decades, and who has often played a key supporting role in related negotiations. They talked about the state of Israel’s military campaign, how it is impacting Israeli and Palestinian politics, and the challenges of reaching a new status quo that stands any chance of meeting the demands of those parties who are most directly affected. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, Quinta and Scott were joined by Lawfare Managing Editor Tyler McBrien to talk through the week’s big national security news, including:“You’ll Shoot Your Five Eyes Out with a Bibi Gun.” From Ukraine to Gaza, some of the biggest controversies surrounding U.S. foreign policy hinge on the assistance—including weapons and intelligence—that the United States provides to its allies. What makes these relationships so complicated? “The Sock-It Docket.” Late last week, Special Counsel Jack Smith executed a power move, bringing former President Trump’s appeal of the denial of his claim of absolute presidential immunity directly to the Supreme Court — through what is often called the “rocket docket”—and citing precedents from the Nixon era suggesting the Supreme Court should resolve the issue within weeks. What does this move tell us—and how likely is Smith to win his case?“Netanya-who?” President Biden’s bear hug of the Israeli prime minister may be loosening, as he has reportedly told donors that Netanyahu must go if Israel is to retain international support. How serious a move is this? And what might it mean for the conflict in Gaza?For object lessons, Quinta continued to show off her bookshelf by recommending Jeff Horwitz’s “Broken Code.” Scott flagged for listeners that “White Christmas” is, in fact, the best holiday movie and no one should try to argue otherwise. And Tyler endorsed Julie Byrne’s album from earlier this year, “The Greater Wings.”Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's another edition of “Trump’s Trials and Tribulations,” recorded on Thursday before a live audience of Lawfare Material Supporters. This week, Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor Roger Parloff, Lawfare Legal Fellow Anna Bower, and special guest Steve Vladeck from the University of Texas School of Law. They discussed Jack Smith's petition to the Supreme Court for a writ of certiorari “before judgment” on the question of presidential immunity. They talked about the Court's decision to weigh in on Fischer v. United States and the potential impact on Trump's criminal cases and the other Jan. 6 cases that involved the same statute. They talked about whether Trump's trial in D.C. will be delayed by the Supreme Court's consideration of the immunity question. They talked about the status of the civil suit by Georgia election workers against Rudy Giuliani, and they checked in to see what is new in Fulton County. This is a live conversation that happens online every Thursday at 4:00pm Eastern Time. If you would like to come join and ask a question, be sure to visit Lawfare’s Patreon account and become a Material Supporter.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From July 29, 2017: On December 31, 2017, Section 702 of the FISA Amendments Act will sunset. While U.S. officials insist that the provision authorizes critical intelligence gathering, it remains an open question whether Congress will reauthorize the law as it exists, pass it with amendments, or allow it to lapse altogether. In this week's podcast, Susan Hennessey sits down with FBI General Counsel Jim Baker and the Bureau's Executive Assistant Director of the National Security Branch Carl Ghattas to discuss the FBI's perspective on the legal and operational elements of Section 702.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

According to the resolution signed at the end of the 28th meeting of the Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC), or COP28 for short, fossil fuels have finally been sentenced to a slow and painful death. This year’s global climate summit, held in the United Arab Emirates, ended with an overtime session that resulted with the nations agreeing to transition away from fossil fuels for the first time in COP history. But what does this really mean, and is the language as strong as it could have been? Lawfare Associate Editor Hyemin Han talked to Director of the Center for Climate and Security and Lawfare Contributing Editor Erin Sikorsky about the final deal language, what else happened at COP28, and the geopolitical implications of the clean energy transition. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In the summer of 1944, a group of artists, visual designers and sound engineers--all of them GIs--began a series of secret operations in occupied France. Their mission: to deceive German forces about the location and size of U.S. military units, using a combination of inflatable vehicles, sound recordings, and “actors” posing as officers. The ranks of the “Ghost Army” included future stars of the worlds of art and design, including Ellsworth Kelly, Bill Blass, Arthur Singer, Victor Dowd, Art Kane, and Jack Masey. Journalist Rick Beyer has chronicled their ingenious exploits in a book and a documentary. December marks the 80th anniversary of the order that created the unit, which remained secret for decades. Shane Harris talked with Beyer about its creation, its success, and the ghost army’s role in the storied history of intelligence deceptions. Among the works mentioned in this episode:The Ghost Army bookhttps://www.chroniclebooks.com/products/ghost-army-of-world-war-ii The Ghost Army documentary https://shop.pbs.org/WC3752.html The Ghost Army Legacy Project https://ghostarmy.org/ Smithsonian magazine feature  https://www.smithsonianmag.com/history/how-the-ghost-army-of-wwii-used-art-to-deceive-the-nazis-180980336/ The National WWII Museum https://www.nationalww2museum.org/visit/exhibits/traveling-exhibits/ghost-army-combat-con-artists-world-war-ii Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Ben Saul is the Challis Professor of International Law at the University of Sydney, Australia, whose internationally recognized work has focused specifically on the intersection of human rights, terrorism, and international law. The United Nations Human Rights Council voted to appoint Saul as the newest Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, which has become one of the most visible and urgent special rapporteur mandates at the Human Rights Council. He began his three-year tenure, which can be extended to six years, on November 1, 2023. Lawfare Associate Editor Hyemin Han sat down with Saul for an interview about his priorities for his tenure, the intellectual frameworks and perspectives he brings to his role, and to get his perspective as Special Rapporteur on the ongoing Israel-Hamas war. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

You may have heard of Javier Milei, Argentina’s new president, thanks to some of his eccentricities, like his five cloned dogs or his reliance on a chainsaw prop to illustrate the need to cut public expenditure. But Milei was able to harness the dissatisfaction with a system that has left the country with 150% inflation and over 40% of the population under the line of poverty. Now, the self described anarcho-capitalist libertarian will attempt to turn the economy around with shocking fiscal adjustment.To discuss this inflection point in Argentina, Lawfare’s Fellow in Technology Policy and Law Eugenia Lostri spoke with Ana Iparraguirre, a partner at consulting firm GBAO and a frequent commentator on leading Latin American media outlets. They talked about Milei’s rise to power, if and how he can deliver on his campaign promises, and what that would even mean for the Argentinian people.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

FISA Section 702 is set to expire on Dec. 31, 2023. Last week, two bills were marked up by two different House committees—one in the House Judiciary Committee and one in the House Permanent Select Committee on Intelligence. To talk about these very different approaches to FISA Section 702 reauthorization and reform, Lawfare Senior Editor Stephanie Pell sat down with Preston Marquis, a JD candidate at Harvard Law School and a former analyst at the Central Intelligence Agency; Molly Reynolds, Senior Editor at Lawfare; and Benjamin Wittes, Lawfare’s Editor-in-Chief. They discussed some of the key differences between these bills, the abnormal politics surrounding this reauthorization process, and an unusual floor procedure called Queen of the Hill that may be used for consideration of both of these bills.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The Senate last week failed to move forward the national security supplemental, which includes a large package of aid for Ukraine. The holdup? Migration at the southern border and Republican insistence that the administration and Democrats will have to swallow major policy changes in order to get the Ukraine aid through. Meanwhile, the mood in Kyiv is a little down. The counteroffensive did not go as planned, the U.S. aid situation and the European commitment to Ukraine is alarming, and domestic politics are returning after a hiatus during the first couple years of the war.  To chew over the state of Ukraine and its support from the United States, Lawfare Editor-in-Chief Benjamin Wittes sat down with Eric Ciaramella of the Carnegie Endowment for International Peace, a former CIA Ukraine analyst, and Molly Reynolds, Lawfare Senior Editor and Congressional Guru. They talked about the state of the Ukraine aid package in Congress, about whether a deal on the border is possible, about whether such a deal could pass the House, and about Ciaramella's recent trip to Kyiv and the mood there as Congress dithers.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, co-hosts Quinta and Scott were joined by co-host emeritus Benjamin Wittes to talk over the week’s big national security news, including:“Stalled and Appalled.” Ukraine’s counteroffensive to try and reclaim Russia-held parts of eastern Ukraine appears to have stalled, triggering a degree of finger-pointing on both sides of the Atlantic—just as U.S. and European support for their military campaign appears to be waning. What does this mean for the next stage of this conflict?“Parting the Red Sea.” Since the start of the war in Gaza, U.S. and allied diplomatic and military presences have come under attack by Iran-backed proxies throughout the Middle East. Now the Iran-backed Houthi faction in Yemen is targeting commercial shipping in the Red Sea with purported Israeli ties. What’s motivating these actions? And how do they change the regional security picture?“One Day Soon, I’m Gonna Tell My Goons, About the Blassingame.” Former President Donald Trump suffered two big legal losses in cases relating to Jan. 6 this past week, as both the D.C. Circuit in the civil suit against him and the trial court in his criminal prosecution held that he was not immune for prosecution by virtue of being the president. What will these decisions mean moving forward on the civil and criminal fronts?For object lessons, Quinta shared an amazing development in the Menendez case. Scott pulled a musical hat-trick and endorsed the newish venue The Atlantis, the phenomenal Lydia Loveless (who he just saw there), and (since it is December) Ingrid Michaelson’s holiday album Songs for the Season—and specifically the sob-inducingly melancholy song, “Happy, Happy Christmas.” And Ben plugged the Romanian Madrigal Choir show he attended at the National Cathedral while also logrolling for the new (non-Lawfare) podcast feature he rolled out on his substack Dog Shirt Daily and related podcast “Read with Me,” which features readings of major filings and opinions in the Trump trials. Also, we are beginning preparations for our end-of-year listener-submitted episode! If you have a topic you want us to cover, a question you want us to answer, or an object lesson you want to share, send it along to us at [email protected] no later than December 18!Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's another edition of “Trump’s Trials and Tribulations,” recorded on Thursday before a live audience of Lawfare Material Supporters. Lawfare Senior Editor Scott R. Anderson sat down with Lawfare Editor-in-Chief Benjamin Wittes, Senior Editor Roger Parloff, and Legal Fellow Anna Bower to discuss a range of matters, from Judge Chutkan’s denial of Trump's motions to dismiss his D.C. criminal case, to Trump's filing seeking to stay the D.C. case in its entirety, the lack of movement in the D.C. Circuit from its gag order, and where the various 14th Amendment Section 3 suits seeking to ban Trump from the 2024 ballot stand around the country. They also dug into updates from Fulton County and talked about what happened in particular at the six-hour hearing on Dec. 1 that has gotten surprisingly little attention. This is a live conversation that happens online every Thursday at 4:00pm Eastern Time. If you would like to come join and ask a question, be sure to visit Lawfare’s Patreon account and become a Material Supporter.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From November 6, 2013: On October 25, 2013, the Hoover Institution held a day-long media colloquium out at Stanford University for a first-rate group of journalists focused on national security legal issues and the work of Hoover’s Jean Perkins Task Force on National Security and Law. The first session of the day, Ben’s talk on Speaking the Law, ran as episode of the podcast on Sunday. The second session, the subject of this episode, was a talk by Matt and Ken about autonomous weapons and the calls for a preemptive ban in international law on so-called "killer robots." The session has been edited both for length and because not all of the journalists consented to having their remarks made public.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Last week, former Secretary of State and National Security Adviser Henry Kissinger passed away. To assess his legacy, Jack Goldsmith sat down with Graham Allison, the Douglas Dillon Professor of Government at Harvard University. Allison knew Kissinger well. He first met Kissinger in 1965 when he was a student in Kissinger's class at Harvard. And Allison worked with Kissinger for decades, right up until the end of Kissinger's life, when he and Kissinger coauthored an essay published in October on arms control for artificial intelligence, perhaps Kissinger's last essay. Allison and Goldsmith discussed Kissinger's accomplishments as a statesman, his cast of mind and long intellectual productivity, his engagement with history as a guide to international diplomacy, and his particular brand of realism. They also discussed Kissinger's failures and mistakes and what Kissinger was most worried about at the end of his life.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

World War I was a seminal event for American national security and foreign policy, as the United States deployed nearly two million soldiers and sailors to Europe and engaged in the most intense overseas combat in its history up to that point. Yet the development of modern American intelligence just before and during the war, and even the magnitude of the war itself, have been largely forgotten by the US public.David Priess spoke with historian and former intelligence officer Mark Stout, author of the new book World War I and the Foundations of American Intelligence, about early steps toward peacetime US military intelligence in the 1880s and 1890s, the importance of Arthur Wagner and his late 19th century textbook about information collection, the intelligence impact on and from the Spanish-American War and the Philippine insurgency, how the war in Europe spurred intelligence advances in the mid-1910s, German sabotage in the United States, how General John Pershing and the American Expeditionary Forces used intelligence in combat, the growth of domestic intelligence during the war, the scholarly group gathered by President Woodrow Wilson called "The Inquiry," and why World War I generally fails to resonate with Amercians today.Among the works mentioned in this episode:The book World War I and the Foundations of American Intelligence by Mark StoutThe book Classified: Secrecy and the State in Modern Britain by Christopher MoranThe movie Gone with the Wind (1939)The book Wasteland: The Great War and the Origins of Modern Horror by W. Scott PooleThe Chatter podcast episode The JFK Assassination and Conspiracy Culture with Gerald PosnerThe book Tinker, Tailor, Soldier, Spy by John le CarréThe movie Tinker, Tailor, Soldier, Spy (2011)Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Megan Nadolski and Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Watching the footage of the attack on the U.S. Capitol on the morning of Jan. 6, 2021, Bradley Onishi thought to himself, “If I hadn’t left evangelicalism, would I have been there?” In his book entitled, “Preparing for War: The Extremist History of White Christian Nationalism and What Comes Next,” Onishi offers a sobering historical account of the origins and development of White Christian nationalism in the United States and its offshoots. From the unique perspective of a former insider, Onishi explains how the decades-long campaign of White Christian nationalism in the United States culminated in the Jan. 6 attack. Lawfare Associate Editor Katherine Pompilio sat down with Onishi—a scholar of religion and co-host of the Straight White American Jesus Podcast—to discuss his personal experience as a former White Christian nationalist and how it informed his writing of the book. They also discussed culture wars and the myth of the Christian nation, the elections of Jimmy Carter and Ronald Reagan, Jan. 6 rioters and religious symbols at the riot, how Donald Trump fits into all of this, and more. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

A little over a month ago, President Biden issued a sweeping executive order on artificial intelligence (AI) covering a broad set of AI issues, such as privacy, transparency, the development of biological weapons, and many more. The order hands out expansive directives to several U.S. government agencies and private industry, which the Biden administration hopes will help the U.S. lead the globe in AI development in a safe and sustainable manner. Lawfare Research Fellow Matt Gluck sat down with Bill Wright, Global Head of Government Affairs at Elastic—a leading search company—to discuss, from the perspective of an industry insider, what the executive order means for tech companies that rely on AI and the relationship between tech companies and the U.S. government. Is collaboration among companies in the competitive AI space possible? Which aspects of the order could help smaller companies keep up? Will the order let companies dictate their processes for complying with the order’s broad objectives?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On Friday, two courts weighed in on the question of presidential immunity. First, Judge Chutkan of the DC District Court ruled that Trump is not immune from Special Counsel Jack Smith’s criminal prosecution for his conduct on Jan. 6. In the second, the DC Circuit Court ruled that Trump is not immune from a civil suit brought by members of Congress and Capitol Police officers, also relating to his conduct on Jan. 6.To talk through the decisions, Lawfare Executive Editor Natalie Orpett sat down with Lawfare Senior Editors Quinta Jurecic and Roger Parloff along with Lawfare Editor-in-Chief Benjamin Wittes. They discussed the nuances of both opinions, how the analysis is consistent and how it is different, and what each case implies about the other—and what comes next.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Is the Fourth Amendment doing any work anymore? In a forthcoming article entitled “Government Purchases of Private Data,” Matthew Tokson, a professor at the University of Utah S.J. Quinney College of Law, details how, in recent years, federal and state agencies have begun to purchase location information and other consumer data, as government attorneys have mostly concluded that purchasing data is a valid way to bypass Fourth Amendment restrictions. Lawfare Senior Editor Stephanie Pell sat down with Matthew to discuss this article, where he attempts to bring this constitutional evasion to light. They talked about the two main arguments offered for why the purchase of private data does not violate the Fourth Amendment, his responses to these arguments, and the recommendations he makes to courts, legislators, and government agencies to address the Fourth Amendment and privacy concerns surrounding government purchases of private data.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, a contentedly full post-Thanksgiving Scott and Quinta sat down with two Lawfare colleagues—Senior Editor and Brookings Institution Senior Fellow Molly Reynolds and Cyber Fellow Eugenia Lostri—to talk through the week’s big national security news stories, including:“Showdown with an Only O.K. Rationale.” The House and Senate are preparing for a showdown over national security priorities, with assistance for Ukraine (and Israel and border security) hanging in the balance. Where does the debate seem likely to go from here—and what will the global ramifications be?“Bringing Down the @SamA.” OpenAI, the non-profit(?) behind ChatGPT, has had a chaotic few weeks, with its board ousting CEO Sam Altman on the apparent grounds that he was not taking AI safety concerns seriously enough, only for the vast majority of organization’s employees to threaten to resign unless he was brought back—a step the board took, just before most of its members resigned. What do these events tell us about the state of the AI industry?“Carpe Ceasefire.” A fragile pause in hostilities has emerged centered on the exchange of Israeli hostages held by Hamas for imprisoned Palestinians—momentum the Biden administration is reportedly hoping to build on. Yet calls for a permanent ceasefire continue amidst mounting civilian casualties and humanitarian needs, and there remains no clear plan for a post-war Gaza. How long will the pause last? What happens when hostilities resume?For object lessons, Quinta recommended the 1990s classic “Distant Star” by Robert Bolaño. Scott gave his Thanksgiving gold star to Eric Kim’s creamy mac and cheese recipe. Molly leaned into her love for local NPR affiliates and recommended WGBH’s podcast “The Big Dig,” focusing on Boston’s legendary highway project. And secret gamer nerd Eugenia recommended a compelling video game that even parents of toddlers have time to tackle, What Remains of Edith Finch.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's another edition of “Trump’s Trials and Tribulations,” recorded on Thursday before a live audience of Lawfare Material Supporters. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor Roger Parloff, Lawfare Legal Fellow Anna Bower, and special guest Kyle Cheney of Politico, to talk about Scott Perry's text messages that were newly revealed in a filing in D.C. District Court, about happenings with New York gag orders and D.C. gag orders, about Section 3 of the 14th Amendment cases, and about Anna's story about the Georgia Bureau of Investigation’s report in Coffee County and how much it sucked. This is a live conversation that happens online every Thursday at 4:00pm Eastern Time. If you would like to come join and ask a question, be sure to visit Lawfare’s Patreon account and become a Material Supporter.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From September 25, 2018: The United States has become the global leader in both defense and private-sector AI. Inevitably, this has led to an environment in which adversary and ally governments alike may seek to identify and steal AI information—in other words, AI has become intelligence, and those who work in AI have become potential sources and assets. And with intelligence, comes counterintelligence.Jim Baker, a Visiting Fellow at the Brookings Institution and former FBI General Counsel, is part-way through a series of essays for Lawfare on the links between counterintelligence and AI, two parts of which have already been published (Part I and Part II). On Monday, Jim sat down with Benjamin Wittes to discuss his work on the subject. They talked about how to understand AI as an intelligence asset, how we might protect this valuable asset against a range of threats from hostile foreign actors, and how we can protect ourselves against the threat from AI in the hands of adversaries.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Anna Bower is a Legal Fellow at Lawfare and our Fulton County Correspondent, and has been digging into the weird events in Coffee County in the aftermath of the 2020 election. Her latest tome on the subject is entitled “What the GBI Missed in Coffee County,” and is about the Georgia state investigation, the report on which clocks in at almost 400 pages but is a great deal less impressive than it may seem at first glance.Lawfare Editor-in-Chief Benjamin Wittes sat down with Anna to talk about the GBI's investigation of the Coffee County caper. What did the GBI do? What didn't they do? Did they add any new information? They actually did—but they also left out a whole lot that any reasonable investigator would want to look at.A video version of this conversation is available on Lawfare's YouTube channel here.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Peter Strzok is a former United States Federal Bureau of Investigation agent. He was the Deputy Assistant Director of the FBI's Counterintelligence Division and led the investigation into Russian interference in the 2016 United States elections. He speaks with Ben Wittes about the numerous places he has called home and a career spent in counterintelligence.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Israel’s military response to Hamas’s Oct. 7 massacre has raised deep concern from international legal observers and the general public. The IDF’s tactics have been described as “disproportionate,” and not taking sufficient care to avoid killing civilians or damaging civilian infrastructure, as the law of armed conflict requires.When it comes to incidental casualties in particular, Mark Lattimer, Executive Director of Ceasefire Centre for Civilian Rights, recently argued on Lawfare’s pages that Israel’s tolerance for civilian deaths seems to surpass even that of the U.S. and U.K.’s in the war against ISIS. Lawfare Associate Editor Hyemin Han talked to him about the case study he used to make this point—an analysis of Israel’s decision to carry out airstrikes in the Jabalia Refugee Camp in October. They compared that to what happened in the Battle of Mosul in 2014, and then got into the bigger differences between Israel’s war against Hamas and the war against ISIS. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Unless you’ve been living under a rock, you’ve probably heard a great deal over the last year about generative AI and how it’s going to reshape various aspects of our society. That includes elections. With one year until the 2024 U.S. presidential election, we thought it would be a good time to step back and take a look at how generative AI might and might not make a difference when it comes to the political landscape. Luckily, Matt Perault and Scott Babwah Brennen of the UNC Center on Technology Policy have a new report out on just that subject, examining generative AI and political ads.On this episode of Arbiters of Truth, our series on the information ecosystem, Lawfare Senior Editor Quinta Jurecic and Lawfare’s Fellow in Technology Policy and Law Eugenia Lostri sat down with Matt and Scott to talk through the potential risks and benefits of generative AI when it comes to political advertising. Which concerns are overstated, and which are worth closer attention as we move toward 2024? How should policymakers respond to new uses of this technology in the context of elections?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Last month, following Hamas’s Oct. 7 attack on Israel, President Biden announced that his administration would ask Congress for “an unprecedented support package for Israel’s defense,” totaling $14.3 billion. Such a package would supplement the defense aid Israel already receives from the U.S. According to Jonathan Guyer in Vox, “Israel has received about $3 billion annually, adjusted for inflation, for the last 50 years, and is the largest historical recipient of US security aid.” But with civilian casualties in Gaza mounting, including the reported killing of thousands of Palestinian children, likely with weapons of U.S. origin, a recent article in Foreign Affairs by Brian Finucane asks, “Is Washington Responsible for What Israel Does With American Weapons?” To talk through that essay, Lawfare Managing Editor Tyler McBrien sat down with Brian, a Senior Adviser at the International Crisis Group and former attorney adviser in the Office of the Legal Adviser at the U.S. State Department, as well as Josh Paul, a former Director in the State Department’s Bureau of Political-Military Affairs, which oversees U.S. arms transfers, who resigned in protest over the U.S. government’s provision of weapons to Israel for use in the conflict in Gaza. They discussed the scale and process of U.S. weapons transfers, the domestic and international law that govern these transfers, and whether the U.S. is complicit and liable for war crimes committed with its weaponry. They also discussed why it would be a mistake to rely solely on the law of war to bring an end to the death and destruction in Gaza.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Tiana Epps-Johnson is the Executive Director of the Center for Tech and Civic Life, an organization which provides technical and financial assistance to election workers nationwide. If this sounds like it should be uncontroversial, hang on to your hats, folks. It is anything but. After her work in 2020 to help election workers conduct the presidential election under horrendously difficult COVID conditions and with inadequate budgets, Epps-Johnson found herself the subject of lawsuits, investigations by state attorneys general, and other forms of harassment. None of these have come to anything, but it's been extremely costly for the organization.She joined Lawfare Editor-in-Chief Benjamin Wittes and Lawfare Senior Editor Quinta Jurecic to tell the story. What does the Center for Tech and Civic Life really do? What was the nature of the attacks she faced? How much did it cost her organization to defend them, and how did she pay it? And what does it all mean for the future of safe elections in the United States?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From November 7, 2015: Last week, George Washington University and the CIA co-hosted an event entitled Ethos and Profession of Intelligence. As part of the conference, Kenneth Wainstein moderated a conversation between CIA General Counsel Caroline Krass, Orin Kerr, and Benjamin Wittes on Bridging 20th Century Law and 21st Century Intelligence, a panel which we now present in full. What new legal questions are raised by rapidly evolving technologies and how do those questions interact with existing national security law? In response to these changes, how can the United States strike a balance between privacy, security and the economic imperatives driving innovation? The panel addresses these critical issues and more.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From May 19, 2018: The past week saw the culmination of a major shift in U.S. policy as the United States formally opened its embassy in Jerusalem. Yet ongoing protests along the border with the Gaza Strip and the Israeli government’s harsh response have provided a sharp contrast to the hopeful rhetoric surrounding the embassy’s opening ceremony. On Friday, Lawfare senior editor Scott Anderson spoke with Khaled Elgindy, Natan Sachs, and Sarah Yerkes to sort through the headlines. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In the past few weeks, there have been several notable developments in lawsuits seeking to disqualify Donald Trump from the 2024 election under Section 3 of the 14th Amendment. The Minnesota Supreme Court dismissed a case against Trump but invited the petitioners to refile once Trump won the GOP nomination. A court in Michigan rejected a challenge to Trump's eligibility on the grounds that Congress, not the courts, should ultimately decide. And, most recently, a Colorado trial court held that, although Trump did engage in insurrection before and during Jan. 6, Section 3 does not apply to presidents.As these and other cases make their way through the courts, and with the potential that the Supreme Court will at some point weight in, we're bringing you another portion of a conference held last month at the University of Minnesota Law School (for a previous excerpt, see the November 1 edition of the Lawfare Podcast). This panel, focusing on the interplay between the Section 3 challenges and election law, was moderated by University of Minnesota Law School Professor Nick Bednar, and featured Professor Ned Foley of the Ohio State College of Law, Professor Derek Muller of Notre Dame Law School, and Professor Andrea Katz of Washington University School of Law.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From October 22, 2016: This week, Samuel Moyn, Professor of Law and History at Harvard University, closed out a one-day conference on “The Next President's Fight Against Terror” at New America with a talk on “How Warfare Became Both More Humane and Harder to End.” He argues that we’ve moved toward a focus on ending war crimes and similar abuses, rather than a focus on preventing war’s outbreak in the first place. And in his view, the human rights community shares culpability for this problem. It’s an issue that will be of great consequence as the next president takes office amidst U.S. involvement in numerous ongoing military interventions across the globe. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Sixty years ago today in Dallas, Texas, Lee Harvey Oswald shot and killed President John Kennedy. For almost as long, various (often contradictory) conspiracy theories about that day have been circulating. Gerald Posner used overwhelming evidence and logic to dismantle these theories in his classic book Case Closed, first published in 1993 and re-issued with updates in the three decades since then.David Priess spoke with Gerald about why some anniversaries of major events resonate more than others; the limits of memory; what drove him to first research and write about the Kennedy assassination; what actually happened on November 22, 1963; early conspiracy thinking about it; Jim Garrison's flawed investigation of Clay Shaw; Oliver Stone and his influential film JFK; speculation about the Dealey Plaza "umbrella man" and about Cuban government involvement; decades of US government document releases; new memories from a former Secret Service agent; the impact of grand conspiracy thinking on society; and more.Among the works mentioned in this episode:The book Case Closed by Gerald PosnerThe book Reclaiming History by Vincent BugliosiThe book Hitler's Children by Gerald PosnerThe book Rush to Judgment by Mark LaneThe book Six Days in Dallas by Josiah ThompsonThe movie JFKThe Lawfare Podcast episode The JFK Assassination Documents, with Gerald Posner and Mark Zaid (December 22, 2021)The book Day of the Jackal by Fredrick ForsythChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The great documentary filmmaker Errol Morris is best known for films such as “The Thin Blue Line” and “The Fog of War.” His latest film, “The Pigeon Tunnel,” is about the great espionage novelist John le Carré, whose real name is David Cornwell. Jack Goldsmith recently sat down with Morris to talk about “The Pigeon Tunnel.” They discussed le Carré’s complex and contradictory attitudes towards the Cold War, the influence of the traitorous British intelligence officer Kim Philby on le Carré's work, what Morris and le Carré have in common as documentarians, and how le Carré compares with Graham Greene and Joseph Conrad. Morris also reflected on his craft, including the difference between an interview and an interrogation and how he learned to interview a subject without saying anything.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

At the end of the Cold War, there was no question that the United States was the most powerful country in the world—militarily, economically, and technologically. International relations scholars call this system, where one country is more powerful than all others, a unipolar one. But most analysts now argue that America’s decline over the last two decades coupled with a simultaneous Chinese rise, has ended the United States’s predominance in international politics, and that the world is no longer unipolar.Stephen Brooks and William Wohlforth, international relations professors at Dartmouth College, made the argument in Foreign Affairs that while it’s true that the United States’s lead at the end of the Cold War has shrunk, the U.S. remains ahead of all other countries in terms of its military, economy, and technological production. Robert Keohane, Professor Emeritus of International Affairs at Princeton, responded to Brooks and Wohlforth’s article, discussing whether polarity matters for the prevention of a conflict between the U.S. and China. Lawfare Research Fellow Matt Gluck sat down with Brooks, Wohlforth, and Keohane for a wide-ranging conversation about what it means for a country to be the strongest of them all, the balance of power between the U.S. and China, what the War in Ukraine reveals about Russia’s global standing, and much more. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Over the past few weeks, the country of Pakistan has pursued an aggressive wave of deportations targeting thousands of Afghan refugees, some of whom have been in Pakistan for generations. Many fear that this move will add to the already precarious and humanitarian situation facing Afghanistan. But the Taliban regime, for one, has reacted in a way few expected.To talk through these refugee removals and their ramifications, Lawfare Senior Editor Scott R. Anderson sat down with Madiha Afzal, a Fellow in the Foreign Policy program at the Brookings Institution. They talked about the origins of the Afghan refugee population in Pakistan, how this latest action intersects with concerns over terrorism, and where the crisis may be headed next.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, Quinta and Scott were jointed by Lawfare Managing Editor Tyler McBrien to talk over some of the week's big national security news, including:“The Day After.” As the war in Gaza enters a new phase, discussions are increasingly shifting to focus on how Israel will handle a post-Hamas Gaza Strip—and what long-term impact the conflict will have on the West Bank. How is the day after this war coming into focus?“Not Just America’s Mayor…” New York City Mayor Eric Adams is being investigated for accepting donations from a Turkish foundation and other organizations with ties to Turkish President Recep Tayyip Erdoğan, just before lobbying for the early opening of a Turkish consulate in the city. Has Adams done anything wrong? What else could this investigation be looking into?“Election Interference Interference Interference.” A lawsuit over the U.S. government’s engagement with social media is interfering with the FBI’s efforts to interfere with those hoping to interfere in our elections—including the upcoming presidential race in 2024. What threats does this chilling effect present? How should the Biden administration be responding?For object lessons, Quinta recommended “The Vaster Wilds,” Lauren Groff's new adventure story exploring the experience of colonialism. Tyler endorsed Albert Brooks: Defending My Life, the new documentary about the legendary (at least among people over 30) comedian. And Scott told readers to check out “A City on Mars” by Kelly and Zach Weinersmith for a fun (if pessimistic) exploration of all the challenges facing humanity's budding efforts to expand into outer space.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's another episode of “Trump’s Trials and Tribulations,” the last one before Thanksgiving, when we will take a week off. Lawfare Editor-in-Chief Benjamin Wittes sat down before a live audience of Lawfare Material Supporters with Lawfare Senior Editor Roger Parloff and Legal Fellow Anna Bower. They talked about the latest developments in Mar-a-Lago, where Judge Cannon has issued a cryptic order. They talked about the latest in the Section 3 litigation in three states: Minnesota, Colorado, and Michigan. They talked about the latest weirdness in Fulton County, where there was a confession on the stand of who released some proffer videos to the public. And they took audience questions.This is a live conversation that happens online every Thursday at 4:00pm Eastern Time on YouTube. If you would like to come join and ask a question, be sure to visit Lawfare’s Patreon account and become a Material Supporter.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From September 7, 2019: This summer has been a tumultuous one inside the U.S. State Department. In August, the department’s Office of the Inspector General handed down a scathing report alleging political manipulation and abusive practices inside the department’s International Organization bureau—only one of a series of similar allegations. At the same time, a number of career State Department officials ranging from assistant secretaries to the rank-and-file have resigned due to alleged complaints and disagreements with Trump administration officials and policies.To dig into these developments and consider what they might mean for the State Department’s present and future, Scott R. Anderson spoke with reporters Colum Lynch and Robbie Gramer of Foreign Policy magazine, and Lawfare’s Margaret Taylor, who is a fellow alumnus of the State Department’s Office of the Legal Advisor and former Democratic Counsel for the Senate Foreign Relations Committee.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The United States has long set restrictions on the export of certain sensitive goods and technologies, particularly to strategic rivals. But over the past several years, we have seen first the Trump and now the Biden administrations use the legal authorities behind these export controls in new and innovative ways, for purposes ranging from limiting China’s access to key emerging technologies to stymying Russia’s military effectiveness in Ukraine. The only problem is, once you impose these restrictions, you then have to enforce them—and that’s not always an easy task.To learn more about how the Biden administration is taking on this challenge, Lawfare Contributing Editor Brandon Van Grack and Lawfare Senior Editor Scott R. Anderson sat down with Matthew Axelrod, Assistant Secretary of Export Enforcement at the U.S. Department of Commerce’s Bureau of Industry and Security. They discussed how export control enforcement works; the sorts of coordination it requires with industry and foreign countries, friendly and unfriendly; and what new enforcement strategies the United States is pursuing as the use of export controls changes.This is the latest episode of “The Regulators,” a special series Lawfare is co-producing with the law firm Morrison & Foerster, where Brandon is a partner. Each episode, Brandon and Scott sit down with some of the senior U.S. policymakers responsible for crafting and implementing the cutting edge policies that are defining our new era of economic statecraft. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In October 1983, Maurice Bishop, the revolutionary leader and prime minister of Grenada, was executed alongside seven others amid a power struggle in the island nation. Ever since, a mystery has persisted: What happened to their bodies? The whereabouts of Bishop’s remains is unknown, and for the past two years, Washington Post journalists have been trying to find them. Martine Powers hosts the new Post investigative podcast, “The Empty Grave of Comrade Bishop.” She’s been fascinated by Bishop’s story for years, and she takes listeners on a journey through his rise and untimely death. The podcast is part mystery, party history. Bishop was a dynamic, charismatic leader, and an important figure in the history of Black power and politics, his influence felt in Grenada and the United States. The Reagan administration saw Bishop as a socialist threat and worried that the Soviet Union might build a base on Grenada. Days after Bishop was killed, the United States led an invasion of the island. Listeners may also know Martine as the host of “Post Reports,” the news organization's daily podcast. Shane Harris and Martine have spent a lot of time together in the recording studio, but this is the first time he’s asked her the questions. They discussed her new project, how she made her way from print reporting to podcasts, and what she thinks audio journalism gives readers that traditional news reporting often can’t. Among the works mentioned in this episode:“The Empty Grave of Comrade Bishop” episode guide Martine’s bioBishop speaking in New York in 1983President Ronald Reagan speaking about Bishop and Grenada (around 14:20): https://www.youtube.com/watch?v=wfLGDxnRH-Q Excerpts of Reagan’s address following the invasion of GrenadaWashington Post coverage of the invasion: https://www.washingtonpost.com/archive/politics/1983/10/26/the-invasion-of-grenada/cc0f5e1c-9a3b-4d53-bc42-a5708da9f77f/  https://www.washingtonpost.com/archive/politics/1983/10/26/the-invasion-of-grenada/18d2aa63-f54f-4e76-932b-275fae48c3ea/ White House photos during the invasionChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On November 6, researchers at Duke University’s Sanford School of Public Policy issued a report on “Data Brokers and the Sale of Data on U.S. Military Personnel” that illuminates the national security risks arising from the sale of these data. Lawfare Senior Editor Stephanie Pell sat down with the three of the report’s authors: Justin Sherman, a Senior Fellow at the Sanford School of Public Policy who leads its data brokerage research project; Hayley Barton, a Master of Public Policy and Master of Business Administration student at Duke University and a former research assistant on Duke’s data brokerage research project; and Brady Allen Kruse, a Master of Public Policy student at Duke University and a research assistant on Duke’s data brokerage research project.They talked about the kinds of data that data brokers collect and sell about U.S. military personnel, the national security risks created by these practices, and the gaps in the law that enable this activity. They also discussed policy recommendations for the U.S. federal government to address the risks associated with data brokerage and the sale of data on former and active-duty U.S. military personnel.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The use of deepfakes—a form of artificial intelligence known as deep learning to create manipulated or generated images, video, and audio—is on the rise. In 2022, the U.S. military took a nearly unprecedented step by declaring its interest in deepfake technology for offensive purposes. But the Defense Department’s exploration of this technology poses privacy and ethics risks, especially with respect to human subjects research.To unpack all of this and more, Lawfare Associate Editor Katherine Pompilio sat down with Aimee Nishimura, a Cyber Student Fellow at the Strauss Center for International Security and Law at UT Austin. Aimee recently published a piece on Lawfare, entitled “Human Subjects Protection in the Era of Deepfakes.” They discussed the significant dangers posed by deepfakes, how the Defense Department can support the protection of human subjects in its research on the technology, and more.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Three weeks ago, an amazing new book came out about the prosecutions stemming from the Capitol Siege of Jan. 6, 2021. It’s called "Sedition Hunters: How January 6th Broke the Justice System."Lawfare Senior Editor Roger Parloff sat down with the book’s author, Ryan J. Reilly, who is also the Justice Reporter at NBC News. They discussed who the Sedition Hunters are, how Ryan stumbled across them, and why they’ve played such a crucial role in the Jan. 6 criminal investigation.  Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In August, the U.S. Africa Command, aka AFRICOM, reported that it had killed 13 al-Shabaab fighters in southern Somalia. Though the U.S. government said that it did not kill any civilians this time around, several past airstrikes have claimed innocent lives. In one notable example from March 2018, U.S. drone operators killed a 22-year-old mother, Lul Dahir Mohamed, and her 4-year-old daughter, Mariam, as they hitched a ride in a pickup truck with suspected militants.  In a recently published article for The Intercept, Nick Turse offers an unprecedented account of the March 2018 strike, thanks to his reporting in Mogadishu and a secret Pentagon investigation he obtained through a Freedom of Information Act request. As Nick writes, “This is a story about misconnections, flawed intelligence, and fatal blindness. It started with bad cell service and ended with an American missile obliterating civilians the U.S. didn't intend to kill, but didn't care enough to save.”  Lawfare Managing Editor Tyler McBrien sat down with Nick, contributing writer at The Intercept, to discuss his piece, a post mortem of that fatal drone strike, and the wider context of AFRICOM's drone war across the region from the Obama administration through the present day. They also discussed why this special operations strike cell “seemed like they did everything wrong,” according to one American drone pilot who worked in Somalia.Please note that this episode contains content that some people may find disturbing, including graphic depictions of deadly drone strikes. Listener discretion is advised.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, Quinta and Scott bade a temporary farewell to Alan and spent one last afternoon (for a few months, anyway) digging into the week’s big national security news stories, including:“Ceasefire or Misfire?” We are now one month into Israel’s military campaign in the Gaza Strip. As civilian casualties continue to mount and Israel’s ground operations get underway, there are growing calls for a ceasefire—calls that the Biden administration may now be taking up, in more limited and temporary fashion. Where are we in this conflict? Is there any end in sight?“Freedom of Screech.” Former President Trump’s speech—and the right to it—is increasingly becoming an issue in his various criminal and civil trials, both legal and otherwise (as evidenced by a recent bout of angry shouting he pursued on the stand in his New York civil case). How have courts been balancing the equities? Is there something they can do better?“No, no—THAT’s what the Insurrection Act is for.” In an effort spearheaded by co-conspirator number four himself Jeffrey Clark, President Trump and his allies are reportedly planning for a revenge campaign if he returns to the White House, beginning with a complete takeover of the Justice Department. How realistic are these plans? What can be done to stop them?For object lessons, Alan recommended Sandra Newman’s “Julia,” a retelling of the classic “1984” from a new perspective. Quinta gave a similar bump to Brandon Taylor’s new novel, “The Late Americans.” And Scott rolled logs for his latest piece for Lawfare, a retrospective on the legacy of the War Powers Resolution fifty years after its enactment.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's another edition of “Trump’s Trials and Tribulations,” recorded on Nov. 9 before a live audience of Lawfare Material Supporters. To talk through this week of Trump’s trials, Lawfare Editor-in-Chief Benjamin Wittes sat down with special guest Adam Klasfeld of The Messenger, Lawfare Legal Fellow Anna Bower, and Lawfare Senior Editors Quinta Jurecic and Alan Rozenshtein. They talked about the Trump testimony, Ivanka’s testimony, and her brother’s testimony. They talked about gag orders in New York, gag orders in Washington, and what it takes to be subject to a gag order. They talked about Section 3 litigation under the 14th Amendment. And they talked about the Georgia Bureau of Investigation report on all that went down in Coffee County.This is a live conversation that happens online every Thursday at 4:00pm Eastern Time. If you would like to come join and ask a question, be sure to visit Lawfare’s Patreon account and become a Material Supporter.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From March 2, 2019: It's hard to open a newspaper or turn on the television without hearing about the dysfunction and partisan polarization affecting members of Congress. But what about their staffs, and what does that mean for national security?This week, Margaret Taylor sat down with seemingly unlikely partners: Luke Murry, National Security Advisor to Republican House Minority Leader Kevin McCarthy, and Daniel Silverberg, National Security Advisor to Democratic House Majority Leader Steny Hoyer. They spoke about security issues facing this Congress, what staffers do on a day-to-day basis, and how the two of them actually work together.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From November 8, 2014: Last month, Jack gave a talk at the Hoover Institution on President Obama's war powers legacy. It's a remarkable address: hard-hitting, clear, and sure to discomfort Obama's defenders on war powers issues. In essence, Jack argues that Obama has gone way beyond President Bush in the aggressiveness of his approach vis a vis Congress to initiating overseas conflict. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

When she's not hosting The Rachel Maddow Show on MSNBC, Rachel Maddow has been diving deep into the history of fascism in America. First on her podcast, Rachel Maddow Presents: Ultra, and most recently in her new book, Prequel: An American Fight Against Fascism, she has unearthed the stories for popular audiences both of an earlier era of foreign authoritarian influence in American politics and of those who fought against it. In this conversation, Maddow sat down with Lawfare Editor in Chief Benjamin Wittes to discuss Prequel and its relationship to the modern fight against populist authoritarianism. They talked about the many striking similarities between then and now, some key differences, the necessity but ultimate inadequacy of law enforcement as a solution to authoritarian movements, the role of journalism, whether grifting is an inherent feature of right-wing authoritarianism, and why so many heroes of that era's fight against fascism are almost forgotten today.For future reading on this subject, Maddow recommends:Charles R. Gallagher, "Nazis of Copley Square: The Forgotten Story of the Christian Front"Steven J. Ross, "Hitler in Los Angeles: How Jews Foiled Nazi Plots Against Hollywood and America"You can also watch Rachel's full conversation with Ben at https://youtu.be/Y1Yc4Ss8_OI.Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Fionnuala Ní Aoláin completed a productive six-year tenure as the UN Special Rapporteur on counterterrorism and human rights last week. Among other issues, she examined how financing counterterrorism and new technologies used for counterterrorism affect human rights. She also analyzed the protection of human rights in several locations with different political contexts, including visits to Guantanamo Bay and detention facilities in northeast Syria. Lawfare Research Fellow Matt Gluck sat down with Fionnuala to discuss her experience as special rapporteur. They spoke about the downstream harms of counterterrorism financing, her conversations with Guantanamo Bay detainees, why gender should be a meaningful consideration of counterterrorism policy, and much more.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

You probably already know that Rep. Mike Johnson is the new Speaker of the House. What you may not know is that every single one of the issues on his plate is a national security issue, at least in the short term. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor and Brookings Senior Fellow Molly Reynolds to talk it all through. They talked about Israel aid, Ukraine aid, Taiwan assistance, the border, FISA Section 702, government shutdowns, and more. It's a rollicking conversation through a crazy bunch of issues that are all on the front burner of the new Speaker's stove as he takes over a job for which he appears to be wholly unprepared. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In the debate about data privacy and harms, one issue has not received adequate attention by the press or in policy conversations relative to the severity and volume of harm: the link between publicly available information and stalking and gendered violence. To discuss how “people search” data brokers use public information and contribute to stalking and abuse, Lawfare’s Fellow in Technology Policy and Law, Eugenia Lostri, sat down with Justin Sherman who recently wrote a Lawfare article on the topic. Justin is the Founder and CEO of Global Cyber Strategies and a Senior Fellow at Duke University’s Sanford School of Public Policy. They talked about the publicly available information carve-outs, the systemic nature of the problem, and how policymakers should step in.Content Warning: This episode contains discussions of gendered violence and stalking. Listener discretion is advised.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, Alan, Quinta, and Scott were joined by Lawfare Fellow in Technology Policy and Law Eugenia Lostri to tackle some of the overlooked national security stories that have been percolating the past few weeks, including:“BrokenAI?” The Biden administration has rolled out a groundbreaking new Executive Order on Artificial Intelligence that seeks to take the first steps towards a real regulatory regime for this revolutionary technology. Is this a responsible step? Or does it threaten to put the U.S. development of AI in a regulatory cage?“Ending the Fracas in Caracas.” The Biden administration is taking a step towards thawing relations with the Maduro regime in Venezuela, easing sanctions at least temporarily in exchange for the release of political prisoners and a promise to hold competitive elections—though Maduro has yet to agree to ensure that most prominent opposition figures will be allowed to participate. Is this a smart way forward or folly?“Let’s Get Mikey to Do It, He’ll Try Anything.” We have a new Speaker of the House in the form of Rep. Mike Johnson. And he has decided to open his speakership with a bold move: separating aid from Israel out from other emergency measures and insisting that it be funded by cuts from the Internal Revenue Service—a move that President Biden has promised to veto and that Senate Minority Leader Mitch McConnell has come out publicly against. What does this tell us about the direction Congress is headed in the weeks to come?For object lessons, Alan shared a bit of comedy in the form of Jeff Maurer’s satire of statements on the Gaza conflict, “Windex Ain’t Scared.” Quinta recommended the second season of “Our Flag Means Death” for a delightful romcom about bloodthirsty pirates. Scott celebrated the power of love. And Eugenia recommended the video game Pillars of Eternity for those desperate to play Baldur’s Gate III but whose computers cannot handle it.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's another episode of “Trump's Trials and Tribulations,” recorded live on Zoom before an audience of Lawfare Material Supporters. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor Roger Parloff, Lawfare Legal Fellow Anna Bower, and Josh Gerstein of Politico to talk about Wednesday’s hearing in the Mar-a-Lago case, Section 3 disqualification litigation in Minnesota and Colorado, the latest from Fulton County, what Judge Cannon is up to with her CIPA rulings, and the schedule for the Mar-a-Lago trial.This is a live conversation that happens online every Thursday at 4:00pm Eastern Time. If you would like to come join and ask a question, be sure to visit Lawfare’s Patreon account and become a Material Supporter.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From June 26, 2018: With the media and political commentators focused on family separation at the U.S.-Mexico border, few are paying attention to how developments along Mexico's southern border affect the United States. On Monday, Benjamin Wittes spoke with Stephanie Leutert, director of the Mexico Security Initiative at The University of Texas at Austin, who has spent the past several weeks in the field studying the flow of migrants from Central America into Mexico. They discussed who's entering Mexico, why they're doing it, why most continue on to the United States, and where the dangers lie along their journeys.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Since Hamas’s attack on Israel on Oct. 7, the Israel-Hamas war has largely been fought in Gaza, a small strip of land along the border of the Mediterranean Sea. But farther inland, there has been an uptick in hostilities between Israelis and Palestinians in the Palestinian territory of the West Bank. Israeli human rights organization B’Tselem says that at least 13 Palestinian herding communities in the West Bank have been forcibly displaced since the beginning of the war due to Israeli settler violence and intimidation, and nearly 100 Palestinians in the territory are reported to have been killed since the war began by both Israeli military strikes as well as settler violence. The fraught relationship between the Israeli government, Israeli settlers, Palestinians, and the Palestinian Authority are not new. But in part because of those existing issues, the West Bank has the potential to expand and complicate the bounds of the Israel-Hamas war—and some may argue that that is already underway. To understand how the West Bank fits into the ongoing hostilities between Israel and Hamas, Lawfare Associate Editor Hyemin Han spoke to Dan Byman from the Center for Strategic & International Studies, who is also Lawfare’s Foreign Policy Editor; Ghaith al-Omari of the Washington Institute for Near East Policy; and Scott R. Anderson, Lawfare Senior Editor and Fellow in Governance Studies at the Brookings Institution. They talked about the international law that currently governs the rules of engagement in the West Bank, the political responses of the Israeli government and other Arab states, and how West Bank dynamics will impact the broader outcomes of the Israel-Hamas war. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The British Empire was already buckling under its own internal tensions in the 1920s. One hundred years later, historian and author Matthew Parker uses stories from across the globe to fill his new book One Fine Day, centered on the territorial peak of the empire on September 29, 1923. It reveals much about the limits of empire, the effects of liberation movements on colonized peoples around the world, and the dynamics of strategic transition.David Priess and Matthew chatted about his globally mobile upbringing; the experiences driving him to this topic; the state of the British Empire on and around September 29, 2023; the story of Ocean Island (Banaba); how the First World War affected how colonized people viewed imperial rule; the emergence of social anthropology and its impact on racist views underlying colonialism; the influence of sport in the empire; George Orwell's experience in Burma; the activities of Marcus Garvey; Ian Fleming's time in Jamaica at the house he called Goldeneye, where he wrote all of the James Bond novels; and more.Among the works mentioned in this episode:The book One Fine Day by Matthew ParkerThe book Goldeneye by Matthew ParkerThe book Panama Fever by Matthew ParkerThe book The Sugar Barons by Matthew ParkerThe book The Earth Transformed by Peter FrankopanThe book The Silk Roads by Peter FrankopanThe book A Passage North by Anuk ArudpragasamChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

A few weeks ago, an organization that works in the democracy protection space asked Lawfare Editor-in-Chief Benjamin Wittes and Lawfare Senior Editor Scott R. Anderson to give a talk about what would happen if Donald Trump both got convicted and got elected. And for this episode of the Lawfare Podcast, we’ve reprised that conversation, with an accompanying YouTube version including their PowerPoint presentation.Ben and Scott talked about what could happen if a president gets convicted and then gets elected, including how the system might respond if it’s a federal case, if it’s a state case, if the case is pending, and if the case is already wrapped up. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In the wake of Donald Trump's role in the attempt to overturn the 2020 election and the Jan. 6 attack on the Capitol, lawsuits in states around the country are seeking to disqualify him from the 2024 election. Challengers to his eligibility invoke Section 3 of the Fourteenth Amendment, which provides in relevant part that "No person shall . . . hold any office . . . under the United States . . . who, having previously taken an oath . . . as an officer of the United States . . . to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof."As of now, there are nearly two dozen states in which litigation is ongoing to bar Trump from the ballot, and that number is only expected to grow. Earlier this week, a Colorado district began a week-long bench trial and, this Thursday, the Minnesota Supreme Court will hear oral argument. And if a state does disqualify Trump, the United States Supreme Court will no doubt immediately hear the case.On Monday October 30, the University of Minnesota Law School held a conference with leading law and political science scholars on "Section 3, Insurrection, and the 2024 Election: Does the Fourteenth Amendment Bar Donald Trump from the Presidency?" Today's Lawfare Podcast is a recording of one of the conference panels, which focused on the political implications of the Section 3 cases.The moderator was Larry Jacobs of the Hubert H. Humphrey School of Public Affairs at the University of Minnesota, and the panelists were Julia Azari, a Professor of Political Science at Marquette University; Ilya Somin, a Professor of Law at George Mason University's Antonin Scalia Law School; and Eric Segall, a Professor of Law at the Georgia State College of Law.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It’s been a rough few months for Senator Bob Menendez. The powerful New Jersey Democrat has pleaded not guilty to federal charges related to an alleged bribery scheme under which, according to prosecutors, Menendez carried out favors for the government of Egypt. But while the allegations set out in the indictment sound pretty unsavory, recent decisions by the Supreme Court—in particular, the 2016 case McDonnell v. United States—make prosecuting such corruption cases significantly more difficult. Lawfare recently published an article about the potential impact of McDonnell on the Menendez case by Daniel Richman, the Paul J. Kellner Professor of Law at Columbia Law School. Lawfare Senior Editor Quinta Jurecic sat down with Dan to discuss McDonnell, the charges against Menendez, and, of course, the photographs of gold bars allegedly given to Menendez that federal prosecutors included in the indictment.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

We are a little more than a year out from the 2024 election—an election that, in countless ways, promises to be unlike any other. One way it may be different is the very real prospect of a scenario in which neither major party candidate secures enough electoral votes to win, kicking the decision to the House of Representatives in what is called a “contingent election.” Possible third parties are actively discussing the possibility of a contingent election as part of their political strategy—and this talk has many experts and advocates nervous about what chaos the turn to a contingent election might wreak. To talk through what this scenario might mean, Lawfare Senior Editor Scott R. Anderson sat down with Beau Tremitiere and Aisha Woodward of Protect Democracy, which recently released a report—and published a related piece in Lawfare—on the topic. They walked through how a contingent election would work, how it might end up subverting the democratic process, and what alternatives might be out there for those less than content with the two-party status quo.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, Alan, Quinta, and Scott came together in the virtual studio to talk over the week’s big national security news, including:“Stuck in the Middle (East) with You.” The Biden administration is finding itself increasingly pilloried from both sides for its handling of the Oct. 7 massacre perpetrated by Hamas and Israel’s ensuing military response in the Gaza Strip, as the right urges stronger support for Israel while some on the left are becoming more vocal in calling for a ceasefire. How far can the Biden administration walk this tightrope?“Et Tu, Jenna?” Four co-defendants of former President Trump, including Rudy Giuliani’s right hand woman Jenna Ellis, have now pled out and promised to cooperate in the Fulton County prosecution addressing alleged election interference—and media reports indicate that his former Chief of Staff Mark Meadows has accepted an immunity deal to testify before a federal grand jury. What does this all mean for Trump’s legal prospects moving forward?“Exit, Stage Far Right.” Former President Trump is reportedly once again planning to exit or diminish NATO if he returns to the White House—a position his contender for Republican nominee Vivek Ramaswamy has endorsed. What is the future of U.S. participation in the NATO alliance?For object lessons, Alan recommended Tiffany Li’s brilliant contribution to McSweeney’s Internet Tendency, “Statement from the University on Current Tensions in the Place You’re Probably Thinking About When You Read This,” which satirizes…exactly what you’re thinking about. Quinta lightened the mood by talking about serial killers in recommending Robert Kolker’s new piece, “The Botched Hunt for the Gilgo Beach Killer,” in the New York Times Magazine. And Scott directed D.C. locals to his favorite amaro distillery, Don Ciccio & Figli, who is brewing up botanicals right here in the city’s own Ivy City neighborhood.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's another episode of “Trump’s Trials and Tribulations,” recorded live before an audience of Lawfare Material Supporters on Thursday. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editors Roger Parloff and Quinta Jurecic, and Lawfare Fulton County Correspondent and Legal Fellow Anna Bower to talk about all the pleas that have happened in Fulton County and all the pleas that are coming. They talked about whether you can take back a plea by announcing that it was extorted, about the blizzard of motions to dismiss that Donald Trump has filed in the D.C. District Court, and about the government's response to the claims of presidential immunity.This is a live conversation that happens online every Thursday at 4:00pm Eastern Time. If you would like to come join and ask a question, be sure to visit Lawfare’s Patreon account and become a Material Supporter.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From July 3, 2018: Recep Tayyip Erdoğan won the Turkish election the other day, and becomes the first president under Turkey's new empowered presidential system. His party, in coalition with ultra-nationalists, will control the Parliament as well, so it's a big win for the Turkish president. It may be a loss for democratic values. On Tuesday, Benjamin Wittes sat down with Amanda Sloat, Robert Bosch Senior Fellow at Brookings, to discuss the election results, the crackdown in Turkey and the justifications for it, friction points in U.S.-Turkish relations, and what comes next for Turkey, the United States, and the EU.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It’s probably fair to say that the Israeli government was not the only one caught flat-footed by the deadly attack launched by Hamas on Oct. 7. On that day, several of the U.S. government’s top diplomatic posts in the Middle East were vacant, and the Biden administration had long focused most of its attention elsewhere in the world. And, in a now infamous episode from only a week prior to the attack, National Security Adviser Jake Sullivan had said, “The Middle East region is quieter today than it has been in two decades.”But all that has changed. Though its record is still up for debate, the U.S. diplomatic response has kicked into gear, with several visits to the region from Sullivan, Secretary of State Blinken, President Biden, and other high-level U.S. officials. To take stock of the U.S. diplomatic response to the war thus far, Lawfare Managing Editor Tyler McBrien sat down with Akbar Shahid Ahmed, HuffPost's senior foreign affairs reporter, and Robbie Gramer, a diplomacy and national security reporter at Foreign Policy. They talked about the nearly broken Senate confirmation process, the fallout from a high-level diplomatic resignation, and the potential “mutiny brewing” inside the State Department. They also discussed whether or not a reported dissent cable circulating through the department might shift U.S. policy toward Israel-Palestine.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Many will recognize the voice of Steve Inskeep from his nearly two decades-long role hosting NPR's Morning Edition. But he's also the author of what is now a trilogy of books about political relationships in the United States during the 19th century, including his newly published Differ We Must: How Lincoln Succeeded in a Divided America. His newest book uses a unique framework to study Lincoln's leadership and growth: Describing in detail difficult interactions Lincoln had with sixteen individuals, ranging from generals to political opponents to his wife Mary Todd Lincoln.David Priess spoke with Steve about what drew him to Lincoln as a subject; the challenges of recreating private exchanges from long ago; the links between Differ We Must and his earlier books; Lincoln's difficult conversations with Joshua Giddings, Frederick Douglass, Jessie Benton Frémont, Lean Bear, and others; and enduring lessons of Lincoln's pragmatic leadership.Among the works mentioned in this episode:The book Differ We Must by Steve InskeepThe book Instant City by Steve InskeepThe book Jacksonland by Steve InskeepThe book Imperfect Union by Steve InskeepThe book series Abraham Lincoln: A History by John Nicolay and John HayThe book series Abraham Lincoln by Carl SandburgChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The D.C. Circuit Court of Appeals last week faintly endorsed the Justice Department’s reading of a critical felony charge, “corrupt obstruction of an official proceeding,” which the department has relied on to prosecute at least 317 individuals for their alleged roles in the Jan. 6 Capitol riot. In the case, United States v. Thomas Robertson, the court affirmed the Justice Department’s conception of the definition of “corruptly,” as stated in the charge. Robertson followed another D.C. Circuit ruling in April, United States v. Fischer, which upheld the charge even more fragilely.Lawfare Senior Editor Roger Parloff detailed the court’s Robertson decision on Lawfare. Lawfare Research Fellow Matt Gluck sat down with Parloff to discuss Robertson, Fischer, and what it would mean for the Justice Department if its interpretation of the corrupt obstruction statute is ultimately rejected. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Another morning, another surprise plea deal in Fulton County Superior Court. It was Jenna Ellis this time, in front of Judge Scott McAfee, pleading out of the Fulton County election interference case. There was a tearful colloquy and a letter of apology to the people of Georgia. There is a cooperation agreement of some kind, and there is yet another sentence of probation. Lawfare Editor-in-Chief Benjamin Wittes sat down to talk about it all with Lawfare Legal Fellow Anna Bower. They talked about how big a deal Jenna Ellis could be for Fani Willis, about how the DA's record is stacking up, about who might be next, and about who's going to hold out and force this whole thing to trial.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Thanks to advances in digital technologies, it is now easier than ever for civilians to get involved in military cyber operations. From private civilian companies being involved in cyber defense to individuals engaging in offensive cyber operations against enemy targets, the increased participation of civilians in armed conflict is a risky trend.Lawfare Fellow in Technology Policy and Law Eugenia Lostri sat down with two guests who recently authored an article outlining eight rules to guide the behavior of civilian hackers during war. Tilman Rodenhäuser is a legal advisor at the International Committee of the Red Cross, or ICRC. Mauro Vignati is a senior adviser on new digital technologies of warfare, also at the ICRC. They talked about what could happen if the principle of distinction is eroded and civilians lose their status, what limits governments should impose on civilian hackers conducting cyber operations in the context of an armed conflict, and the response so far from hacker groups and the cybersecurity community.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The promise and risks posed by artificial intelligence appear to have captured our collective imagination. The risks seem to span from global doom brought about by a rogue AI to the enshrinement of harmful bias and discrimination in systems that can determine whether you get a loan. The stakes require governments to step up and regulate the field, with several key companies advocating for government action. This call has been answered, but conceptions of responsible AI risk management and appropriate regulations are already diverging across jurisdictions.To discuss the approaches to AI regulation in the United States and in the European Union, Lawfare Fellow in Technology Policy and Law Eugenia Lostri sat down with Arianna Evers, special counsel at WilmerHale, and Itsiq Benizri, counsel also at WilmerHale. Evers and Benizri recently authored an article on comparative approaches to AI regulation for Lawfare. They talked about the breadth of regulatory options being discussed, the similarities and differences across jurisdictions, and how the quickly evolving field affects how they help their clients navigate AI-related challenges.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, Alan, Quinta, and Scott were joined by their Lawfare colleague and Carnegie Endowment for International Peace Senior Fellow Eric Ciaramella to discuss the week’s big national security news, including:“PiS Off.” Elections in Poland appear set to oust the incumbent Law and Justice (or “PiS”) party, which has spent the past several years in power undermining many of the tenants of liberal democracy—that is, if the coalition of centrist and leftist groups that won a parliamentary majority can successfully form a government. What might this tell us about the authoritarian drift in Europe—and the extent to which it’s reversible?“Gaza Under Siege.” Israel’s military response to the massacre committed by Hamas is entering its second week, as rockets continue to rain down on Gaza, which remains cut off to most utilities, supplies, and humanitarian aid. President Biden, meanwhile, is in Israel showing his support, but has had to cancel meetings with Jordanian officials due to outrage over what Gaza authorities initially claimed—inaccurately, according to Israeli officials and the Biden administration—was an Israeli attack on a hospital there that killed more than 500 people. What is the trajectory of this conflict? Where is it headed?“Heir Jordan?” Conservative House judiciary committee chairman Jim Jordan is the latest possible inheritor of the Speakership in the House of Representatives, having won the nomination of the Republican caucus shortly after majority leader Steve Scalise went down in defeat on the floor. But Jordan also failed to win enough support for his colleagues in the first two votes on the floor. What does the state of the House mean for the country?For object lessons, Alan passed along his latest tonally off comfort watch: the British series A Spy Among Friends, which tells the story of notorious spy Kim Philby. Quinta recommended the new book, “Number Go Up,” by Zeke Faux. Scott urged folks to check out the surprisingly huggy and wholesome season 2 of The Bear. And secret musician Eric endorsed the Strong Songs podcast and its close look at the song writing process.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's another episode of “Trump’s Trials and Tribulations,” our weekly YouTube livestream conducted on Zoom for Lawfare Material Supporters. It was a breaking news day on Thursday: Sidney Powell, the Kraken lawyer, pled guilty in a plea deal in Fulton County Superior Court, one day before she and Ken Chesebro were going to trial.To unpack it all, Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editors Roger Parloff and Quinta Jurecic, Lawfare Legal Fellow Anna Bower, and Lawfare Associate Editor Hyemin Han. They talked about the plea, about what it means for Ken Chesebro and the trial for which jury selection was set to start on Friday, about what happened this week in Tanya Chutkan's courtroom where a gag order was imposed on Donald Trump, and about the defense motion to dismiss on presidential immunity grounds in that courtroom and an article about it by Quinta Jurecic.On Oct. 20. Lawfare Senior Editor Scott Anderson sat down with Lawfare Legal Fellow and Courts Correspondent for a special edition of "Trump's Trials and Tribulations" to talk about Kenneth Chesebro's surprise guilty plea. This discussion is added to the end of the Thursday conversationThis is a live conversation that happens online every Thursday at 4:00pm Eastern Time. If you would like to come join and ask a question, be sure to visit Lawfare’s Patreon account and become a Material Supporter.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From July 7, 2018: It's been a bad week for Polish democracy, with the government removing a bunch of judges from the country's Supreme Court in order to replace them with party loyalists. In response, protestors took to the streets to push back against the deconsolidation of Polish democracy. Radek Sikorski joined Benjamin Wittes to discuss the week's events and the larger degradation of Polish governance of which they are a part. Radek served as foreign minister and defense minister of Poland, as well as speaker of the Polish parliament. He has also been a visiting fellow at the American Enterprise Institute, and he's currently a senior fellow at the Center of European Studies at Harvard University and distinguished statesman at the Center for Strategic and International Studies in Washington.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Over the course of the last two presidential elections, efforts by social media platforms and independent researchers to prevent falsehoods from spreading about election integrity have become increasingly central to civic health. But the warning signs are flashing as we head into 2024. And platforms are arguably in a worse position to counter falsehoods today than they were in 2020. How could this be? On this episode of Arbiters of Truth, our series on the information ecosystem, Lawfare Senior Editor Quinta Jurecic sat down with Dean Jackson, who previously sat down with the Lawfare Podcast to discuss his work as a staffer on the Jan. 6 committee. He worked with the Center on Democracy and Technology to put out a new report on the challenges facing efforts to prevent the spread of election disinformation. They talked through the political, legal, and economic pressures that are making this work increasingly difficult—and what it means for 2024.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Journalist Liza Mundy’s new history of the world’s most storied spy service focuses on the women of the CIA, who for decades worked in jobs that men found less glamorous or career enhancing, and that proved vital to the interests of U.S. national security. The Sisterhood covers practically the entire history of the agency, from its pre-World War II days as the Office of Strategic Services, through the Cold War and the 9/11 attacks, followed by the successful hunt for Osama bin Laden. Shane Harris spoke with Mundy about why she decided to write about the women of the CIA and what that story reveals about the hidden history of the agency. Mundy’s previous book, Code Girls, was about American women who worked as code breakers during WWII.  Among the works mentioned in this episode:The Sisterhood: The Secret History of Women at the CIA   https://www.penguinrandomhouse.com/books/653184/the-sisterhood-by-liza-mundy/ Code Girls: The Untold Story of the American Women Code Breakers of World War II: https://www.hachettebookgroup.com/titles/liza-mundy/code-girls/9780316352550/?lens=hachette-books Mundy’s website: http://www.lizamundy.com/ Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In July 2021, the Chinese government published its “Regulations on the Management of Network Product Security Vulnerabilities.” These rules require researchers to inform the government of all flaws in code within 48 hours of their discovery, effectively supporting efforts to stockpile software vulnerabilities, which can then be used for offensive cyber operations.Lawfare Fellow in Technology Policy and Law Eugenia Lostri sat down with two guests who recently authored a report on how China manages software vulnerabilities. Dakota Cary is a nonresident fellow at the Atlantic Council’s Global China Hub and a consultant at Krebs Stamos Group. Kristin del Rosso is a public sector field CTO at IT security company Sophos. They talked about how companies have adjusted to China’s rules, how their system compares to the U.S. voluntary approach, and the incentives to collect vulnerabilities for offensive operations. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

“Stories of armies, governments, agencies, and institutions have a way of obscuring the humans behind them,” writes Stuart Reid, an executive editor of Foreign Affairs in his new book, “The Lumumba Plot.” Indeed, his protagonist, Patrice Lumumba, lays claim to one of history’s most contested legacies. In January 1961, just months after taking office as the first prime minister of the Democratic Republic of the Congo, Lumumba was killed in an assassination plot that remained shrouded in mystery for years. As his daughter Juliana once said, “He passed by like a meteor.” Amid this mystery and contestation, Stuart sets himself to the task of finding the real Lumumba. As Stuart writes, “This book seeks to exhume Lumumba, to scrape away the mounds of lies, mythology, and conspiracy that have accumulated around him over the decades.”Lawfare Managing Editor Tyler McBrien sat down with Stuart to discuss his new book. They talked about the charismatic Congolese leader of course and the other colorful and consequential characters that fill Stuart’s pages, the CIA’s complicity in Lumumba’s assassination, and the neocolonial and Cold War attitudes that led U.S. leaders to view such a tragic foreign policy misstep as an unimpeachable success. They also discussed what lessons “The Lumumba Plot” has for policymakers today. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On September 28, the Privacy and Civil Liberties Oversight Board, or PCLOB, issued its long-awaited report on FISA Sec. 702, a surveillance authority that is set to expire on December 31 if it is not reauthorized by Congress. The report was supported by only three members of the Board, with the two minority members issuing their own separate statement. The three-two split was along party lines. Lawfare Senior Editor Stephanie Pell sat down with four members of the PCLOB, the Chair, Sharon Bradford Franklin, and board members Travis LeBlanc, Beth Williams, and Richard DiZinno. Board member Ed Felten could not join due to medical reasons. In this second of two episodes, they talk about the members’ views on the privacy and civil liberties risks posed by Section 702 and each side’s differing recommendations on how to address these issues, with a special focus on the recommendation that is the most serious point of contention among the two sides. If you haven’t listened to yesterday’s episode, where they talked about the areas on which the members substantially agree and the compliance problems that have plagued the FBI, you may want to do that first. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On September 28, the Privacy and Civil Liberties Oversight Board, or PCLOB, issued its long-awaited report on FISA Sec. 702, a surveillance authority that is set to expire on December 31 if it is not reauthorized by Congress. The report was supported by only three members of the Board, with the two minority members issuing their own separate statement. The three-two split was along party lines. Lawfare Senior Editor Stephanie Pell sat down with four members of PCLOB, the Chair, Sharon Bradford Franklin, and board members Travis LeBlanc, Beth Williams, and Richard DiZinno. Board member Ed Felten could not join due to medical reasons. In this first of two episodes, they talk about areas on which the members substantially agree, the compliance problems that have plagued the FBI, and each side’s different recommendations for how to address those compliance problems. In tomorrow’s podcast, they talk about the members’ views on the privacy and civil liberties risks posed by Section 702, and each side’s differing recommendations for how to address these issues, with a special focus on the recommendation that is the most serious point of contention among the two sides.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, Alan, Quinta, and Scott were joined by Lawfare Editor-in-Chief Benjamin Wittes for a serious conversation about Hamas’s attacks in Israel, Israel’s military response, and what it might mean for the rest of the world. Given the gravity of this topic, we chose to forego our usual format and commit the entire episode to this extended conversation. We will be back to our usual format next week. In the meantime, we hope you find our struggle to make sense of these tragic recent events useful as you try to do the same.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's another episode of “Trump’s Trials and Tribulations,” our YouTube livestream conducted on Zoom for Lawfare Material Supporters. This week, we heard from Lawfare Senior Editor Roger Parloff straight out of the Garcia hearings before Judge Aileen Cannon in the Mar-a-Lago case. We heard from Lawfare Legal Fellow Anna Bower, who was straight off of two days of hearings in the Fulton County case. And Lawfare Senior Editor Quinta Jurecic gave us an update from Judge Tanya Chutkan's courtroom on all the motions that have been filed since our last update. This is a live conversation that happens online every Thursday at 4:00pm Eastern Time. If you would like to come join and ask a question, be sure to visit Lawfare’s Patreon account and become a Material Supporter.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From May 8, 2012: Peter Berkowitz of the Hoover Institution has a new book out, entitled Israel and the Struggle Over the International Laws of War. The book, which is very brief—more of a long essay, really—is an impassioned critique of the abuse of the laws of war by Israel's critics in both international organizations and in the academy. Peter runs the Hoover Institution's Koret-Taube Task Force on National Security and Law, of which Ben and several other people associated with this blog are members. He's also—full disclosure—one Ben’s closest personal friends. He took a break from his almost unspeakable travel schedule yesterday to stop by Brookings and chat about his book.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The past two weeks have been a historical one for the House of Representatives. Last week, a band of dissident Republicans voted with House Democrats to remove Speaker of the House Kevin McCarthy, leaving the office vacant. In his stead, a never-before House rule turned to a secret list of temporary successors that identified Congressman Patrick McHenry as the new Speaker Pro Tempore. But what exactly he is able to do in this role—and what it means for Congress’s ability to pass much needed legislation—is far from clear.To discuss this new predicament, Lawfare Senior Editor Scott R. Anderson sat down with Brookings Institution Senior Fellow and Lawfare Senior Editor Molly Reynolds. They talked about the history of the rule behind McHenry’s appointment, what authority its authors intended for it to provide, and what it means for Israel, Ukraine, and the pending government shutdown.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Conventional wisdom has long held that countries, and even businesses, should not be run by those suffering from mental illness, especially during times of war or other dramatic challenges. Dr. Nassir Ghaemi, Director of the Mood Disorder Program at Tufts Medical Center and Professor of Psychiatry at Tufts University School of Medicine, disputes this notion. In his book A First-Rate Madness and other writings, he lays out a compelling case that in times of crisis, we are actually better off being led by mentally ill leaders than by mentally normal ones.David Priess and Nassir talked about the challenges (and surprising advantages) of assessing the mental illnesses of historical figures; the lingering impact of Freudian psychoanalysis within the psychiatric community; why the best crisis leaders are either mentally ill or mentally abnormal; the differences between mental illness and extreme personality; the indicators of manic depression; the cases of Winston Churchill, Abraham Lincoln, Mahatma Gandhi, Martin Luther King, William Sherman, Franklin Roosevelt, John Kennedy, and Adolf Hitler; enduring stigmas associated with mental illness; Nassir's father's political activism and its influence on his son; the American Psychiatric Association's "Goldwater Rule" against offering a professional psychiatric opinion without a patient examination and proper authorization; and more.Among the works mentioned in this episode:The book A First-Rate Madness by Nassir GhaemiMemoirs of Emil KraepelinThe book Bipolar General: My Forever War with Mental Illness by Gregg MartinChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Artificial intelligence has massive upside potential. It could revolutionize education, science, and art, and lead to a more prosperous and equitable world. But it also carries equally massive downside risk—not just for individuals but for society and human civilization itself. How do we avail ourselves of AI's benefits while minimizing its costs?That's a question that our two guests today have thought a lot about. Tino Cuéllar is a former Stanford law professor and California supreme court justice, and he's currently the President of the Carnegie Endowment for International Peace. Hadrien Pouget is an Associate Fellow in the Technology and International Affairs Program at Carnegie.Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare spoke with Tino and Hadrien about what lessons history can and can't teach us when it comes to regulating AI and what an international regulatory framework for this technology might look like.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This past Saturday, the terrorist group Hamas launched an unprecedented raid from the Gaza Strip into southern Israel that left more than 1000 people—most of them Israeli civilians, many of them women, children, and the elderly—brutally murdered. Dozens more were taken as hostages back into Gaza. A shocked Israel has in turn responded with missile attacks into Gaza that have killed more than 800 Palestinians there, and is planning a broader offensive there. And as people search for more information on what’s transpired, there are concerns that events may yet spiral out into a broader regional war—one that, among other consequences, might derail efforts at normalization in the Israeli-Saudi relationship that have been a major focus of the United States in recent weeks.To discuss these tragic events and their potentially seismic consequences, Lawfare Senior Editor Scott R. Anderson sat down with a panel of leading experts: Natan Sachs, a Senior Fellow at the Brookings Institution and Director of its Center for Middle East Policy; Dan Byman from the Center for Strategic & International Studies as well as Lawfare’s Foreign Policy Editor; Ghaith al-Omari of the Washington Institute for Near East Policy; and Lawfare’s Editor-in-Chief Benjamin Wittes. They discussed the ripple effects the attack is having throughout the region, the role that Iran and other actors may have played, and what it may yet mean for the region and the broader world. Please note that this episode contains content that some people may find disturbing. Listener discretion is advised.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This morning, Lawfare Editor-in-Chief Benjamin Wittes connected with his old friend Noah Efron about the weekend's events in Israel. Noah is a professor at Bar-Ilan University, a prolific essayist and writer, and the host of The Promised Podcast, a podcast on Israeli life, politics, and culture.In an interview punctuated twice by missile attacks, they discussed what happened over the weekend, the magnitude and horror of the Hamas attack, the impact on Israeli society, and the coming Israeli response in Gaza. They talked about the weird interregnum between the violence over the weekend and the violence that's to come and how quiet things are right now, about whether Israeli society is coming together or whether it is coming apart, about the implications of Hamas holding many hostages for the way the war is going to play out, and more.Please note that this episode contains content that some people may find disturbing. Listener discretion is advised.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

For decades, the United States has maintained a policy of “strategic ambiguity” toward Taiwan and China. But in recent years, this uneasy status quo has begun to falter, as the Biden administration doubles down on its commitment to Taiwan’s autonomy and China increases provocative military maneuvers aimed at signaling its willingness to use force to assert its claim of sovereignty over the island. Despite the devastation that war between the U.S. and China would surely bring, the two seem to be inching ever closer to conflict. At the same time, many policy assessments seem to assume that the president has the domestic legal authority to defend Taiwan in the event of a sudden and unexpected attack by China. But in a recent article for the Virginia Journal of International Law called “Taiwan, War Powers, and Constitutional Crisis,” Lawfare Senior Editor Scott R. Anderson argues that history paints a much more complicated picture. As Scott writes, “An international crisis over Taiwan could thus … trigger a constitutional crisis at home—one that threatens the legitimacy of the president’s response and risks undermining popular and congressional support for what is certain to be a difficult war to come.” Lawfare Managing Editor Tyler McBrien sat down with Scott to discuss his article. They walked through the various legislation, legal opinions, and communiques through successive presidential administrations that have defined the U.S. position towards Taiwan to the present day. They also discussed how tensions between the executive and legislative branches might play out in the event of an attack on Taiwan, as well as how the government as a whole might avoid them. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From August 12, 2020: President Trump recently issued executive orders aimed at banning TikTok and WeChat from operating in the United States. To discuss the sanction, Bobby Chesney sat down with Dr. Sheena Chestnut Greitens, an associate professor at the LBJ School of Public Affairs at the University of Texas at Austin and a faculty affiliate with the Strauss Center for International Security and Law and the Clements Center for National Security at UT; and Dr. Ronald Deibert, a professor of political science and the founder and director of The Citizen Lab at the University of Toronto's Munk School of Global Affairs and Public Policy. In addition to the executive orders concerning TikTok and WeChat, they also discussed the larger U.S.-China relationship and the role of technology competition in that space.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, Alan, Quinta, and Scott were once again joined by Congress guru Molly Reynolds to discuss the week’s big national security news, including:“Master of the House, Doling out the Harm, Ready with a Handshake and a Face Palm.” Over the weekend, Speaker of the House Kevin McCarthy narrowly avoided a government shutdown. But this week it cost him his speakership, as Democrats joined a bloc of far-right Republicans to vote in favor of a motion to vacate the office. What does this say about the state of the House? And what does it mean for the Biden administration’s legislative agenda moving forward?“Serving Life to 20.” As the Supreme Court begins its new term under increased scrutiny for ethical lapses, several members of Congress have once again introduced legislation that would impose 18-year term limits on the Court’s members. But would this proposal fix the problem? And is it constitutional?“A Foreign Confluence Operation.” Washington has been in a tizzy this week with scandalizing reports of an Iranian influence operation that purportedly sought to influence U.S. policy through several prominent scholars of Iranian descent—some of whom now serve in the Biden administration or are close to beleaguered Iran Special Envoy Rob O’Malley, whose security clearance is currently suspended. What should we make of this story? For object lessons, Alan gave a shout-out to the most recent incarnation of Dune and its soon-to-be-forthcoming sequel. Quinta urged listeners to check out the book “Your Face Belongs to Us,” the creepy-yet-true story of the growth of facial recognition technology and the rise of the start-up that sold it worldwide. And Scott recommended his favorite seasonal cookbook as we get into the cold weather months: Anna Thomas’s “Love Soup.”Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's another episode of “Trump’s Trials and Tribulations,” our weekly live stream on YouTube—and on Zoom for Material Supporters. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Executive Editor Natalie Orpett, Senior Editors Quinta Jurecic and Roger Parloff, and Legal Fellow Anna Bower to talk about all kinds of things on a whirlwind tour around four different courts.The talked about what’s going on in the New York civil case, what’s with all of these gag orders and gag order requests, what’s up in the Mar-a-Lago case in south Florida, who is pleading guilty in Fulton County, and what’s up with this new motion to dismiss in Washington on asserted grounds of presidential immunity.This is a live conversation that happens online every Thursday at 4:00pm Eastern Time. If you would like to come join and ask a question, be sure to visit Lawfare’s Patreon account and become a Material Supporter.36:09.4Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From December 23, 2017: As the year is coming to a close, Congress has now missed the deadline for reauthorizing FISA Section 702. Molly Reynolds, a Brookings fellow in Governance Studies and expert on Congress, joined Benjamin Wittes and Susan Hennessey for a conversation on the failure to reauthorize and what happens next. They discussed the politics of Section 702, the influence of this year's overall legislative agenda, and what to expect in 2018 for the crucial intelligence apparatus.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The First Amendment protects speech, but what kind? True speech, sure. But what about false or misleading speech? What if it's harmful? After all, you can't yell fire in a crowded theater—or can you?To answer these questions, Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare spoke with Jeff Kosseff, who is an Associate Professor of Cybersecurity Law in the United States Naval Academy’s Cyber Science Department and a Contributing Editor at Lawfare. Jeff is releasing his latest book this month, titled "Liar in a Crowded Theater: Freedom of Speech in a World of Misinformation," in which he describes, and defends, the First Amendment's robust protections for false and misleading speech.They spoke about the book, why you sometimes can yell fire in a crowded theater, and how new technology both superchargers misinformation and provides new tools to fight it.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Chatter, Lawfare Editor-in-Chief Ben Wittes sat down with author and journalist Jonathan Rauch, of the Brookings Institution. In a wide-ranging conversation, they spoke about Jonathan's numerous books, his start in journalism, and his focus on liberalism, Madisonian Pluralism, and religion within democratic institutions.Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Today, we’re bringing you an episode of Arbiters of Truth, our series on the information ecosystem. And we’re discussing the hot topic of the moment: artificial intelligence. There are a lot of less-than-informed takes out there about AI and whether it’s going to kill us all—so we’re glad to be able to share an interview that hopefully cuts through some of that noise.Janet Haven is the Executive Director of the nonprofit Data and Society and a member of the National Artificial Intelligence Advisory Committee, which provides guidance to the White House on AI issues. Lawfare Senior Editor Quinta Jurecic sat down alongside Matt Perault, Director of the Center on Technology and Policy at UNC-Chapel Hill, to talk through their questions about AI governance with Janet. They discussed how she evaluates the dangers and promises of artificial intelligence, how to weigh the different concerns posed by possible future existential risk to society posed by AI versus the immediate potential downsides of AI in our everyday lives, and what kind of regulation she’d like to see in this space. If you’re interested in reading further, Janet mentions this paper from Data and Society on “Democratizing AI” in the course of the conversation.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's been an eventful few days in Fulton County with a flurry of orders, a flurry of briefings, the former president deciding he wasn't going to seek removal to federal court, waiting for the 11th Circuit to rule on other people's removals, and other removals being denied—there’s just been a lot going on. To catch up, Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Legal Fellow Anna Bower. They talked about whether we’ll really see this case going to trial on October 23, about bail bondsman Scott Hall’s plea agreement, about whether other people will take the plea, about why Donald Trump is not seeking removal, and about all the people who want removal who just can't seem to get it. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

If you’ve been following the news out of Congress recently, you’ve probably been focusing on the narrowly averted government shutdown and the indictment of Democratic Senator Bob Menendez—and, perhaps, the House Republicans’ decision to begin an impeachment inquiry against President Biden. But there have also been some notable updates when it comes to the continuing fallout from Jan. 6. Recently, the U.S. Court of Appeals for the D.C. Circuit unsealed an opinion limiting the ability of the special counsel’s office to access phone records from Rep. Scott Perry under the Speech and Debate Clause. Meanwhile, Trump’s onetime advisor Peter Navarro was finally convicted of contempt of Congress for defying the Jan. 6 committee.  Lawfare Senior Editors Quinta Jurecic and Molly Reynolds sat down with two of our favorite guests to call when there’s news about Congress and the law: Mike Stern, former Senior Counsel to the House of Representatives, and Eric Columbus, who recently served as Special Litigation Counsel in the House Office of General Counsel. They discussed Perry, Navarro, how exactly one should define an impeachment inquiry, and, of course, the Menendez indictment.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Russia’s war against Ukraine is the most documented conflict in history. In every part of Ukraine from which Russian forces have retreated, Ukrainian officials and civil society groups have found shocking evidence of mass atrocities and war crimes: torture, rape, summary executions, forced disappearances, looting, and the destruction of Ukrainian cultural heritage sites. The Ukrainian government is working around the clock to seek justice for the victims, even as the war rages on.In this special podcast episode, Lawfare Contributing Editor Eric Ciaramella brings you audio from a recent event at the Carnegie Endowment for International Peace featuring Ukraine’s Prosecutor General, Andriy Kostin. In his discussion with Carnegie President Tino Cuéllar, Kostin laid out a compelling case for why Ukrainians believe that peace without justice and accountability would be a false peace. Kostin discussed how his office is dealing with the overwhelming caseload and the help it needs from international partners. This event was organized in partnership with the American Society of International Law and the Embassy of Ukraine in Washington.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, Alan, Quinta, and Scott reunited to discuss the week’s big national security news, including:“Do as I Menendsez, Not as I Menendo.” New Jersey Senator and, until recently, chairman of the Senate foreign relations committee Bob Menendez was indicted alongside his wife last week, on charges that they accepted money from Egyptian businessmen in exchange for information and favors arising from Menendez’s official duties. How serious are these charges? Where will they lead?“…with a Silver Spoon.” D.C. federal district court judge Tanya Chutkan is weighing a gag order on former President Trump, aimed at restraining him from commenting on the proceedings or attacking various officials involved in them. Trump and his attorneys, meanwhile, see the gag order request as an attack on his First Amendment rights. Who is likely to prevail? And what are the broader stakes?“The Forever Chore.” The House foreign affairs committee is set to hold the latest in a long series of hearings on a topic that has been on Congress’s agenda for more than a decade: reforming the 2001 AUMF that provides the legal basis for most global counterterrorism operations. But despite near-universal agreement on the need for change, progress has been limited. Is there reason to think this time will be different?For object lessons, Alan recommended the Dear Committee Trilogy, which even non-academics will find hilarious. Quinta urged listeners to check out the recent New York court decision concluding that former President Trump and his businesses misrepresented the value of various properties. And Scott log-rolled for his new law review article digging into some of the tricky constitutional issues raised by the prospect of defending Taiwan.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's another episode of Lawfare's live Thursday show, “Trump’s Trials and Tribulations,” a tour around four courts. This week, Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Legal Fellow Anna Bower and Lawfare Senior Editors Scott R. Anderson and Roger Parloff. They talked about what's going on in Fulton County, about that judgment against Donald Trump and the Trump Organization in the civil case in New York, about Tanya Chutkan’s refusal to recuse herself, and about CIPA, CIPA, CIPA—classified materials in Mar-a-Lago. This is a live conversation that happens online every Thursday at 4:00pm Eastern Time. If you would like to come join and ask a question, be sure to visit Lawfare’s Patreon account and become a Material Supporter.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From December 9, 2020: President-elect Joe Biden has selected a new defense secretary, retired general Lloyd Austin, former commander of Central Command. The selection has received somewhat mixed reviews, and to discuss why, Benjamin Wittes sat down with Brookings senior fellow Mike O'Hanlon, a defense policy analyst, and Kori Schake, the head of defense and foreign policy at the American Enterprise Institute. They talked about why people are upset about General Austin's nomination, his background, the experience he has and doesn't have, who would have been a better choice and whether it matters that this is the second administration in a row that begins by putting a retired general at the head of the Pentagon.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The Cyber Safety Review Board was created by a Biden administration Executive Order entitled, “Improving the Nation’s Cybersecurity.” The Board reviews major cyber events and makes concrete recommendations that can drive improvements within the private and public sectors. Lawfare Senior Editor Stephanie Pell sat down with Robert Silvers, Under Secretary for Strategy, Policy, and Plans at the Department of Homeland Security and Chair of the Cyber Safety Review Board, to discuss the Board’s mission and work. They talked about the two reports that the Board has issued, one that it’s currently working on, and a legislative proposal from DHS that seeks to codify the Board in the law and ensure that the Board receives the information it needs to continue to advance the overall security and resiliency of our digital ecosystem.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

As humanity builds settlements beyond Earth, myriad ethical issues will arise--many in a different way than they do terrestrially. Astrophysicist and space communicator Erika Nesvold has devoted extensive thought and research to how to ethically govern space settlements, most notably on her podcast Making New Worlds and in her book Off-Earth.In a conversation that pairs well with Shane Harris's March 2022 Chatter discussion with astrobiologist Lucianne Walkowicz about ethical space exploration, David Priess spoke with Erika about her grounding in Star Trek and other science fiction, the JustSpace Alliance that she co-founded with Lucianne, that alliance's interactions with space industrialists, Erika's application to be an astronaut, conflicting motivations for humanity to settle space, how we should select space settlers, the Outer Space Treaty of 1967, the concept of legal personhood for non-terrestrial bodies, labor law and criminal justice in space settlements, how motivations for settling space influence openness to various forms of government, and more.Among the works mentioned in this episode:The podcast Making New WorldsThe book Off-Earth by Erika NesvoldThe Chatter podcast episode Ethical Space Exploration with Lucianne WalkowiczThe Star Trek universeThe Foundation book series by Isaac AsimovThe Dune book series by Frank HerbertThe YouTube video All TomorrowsThe movie 2012The book 2010 by Arthur C. ClarkeThe book Artemis by Andy WeirThe movie SunshineThe book A Brief History of Equality by Thomas PinkettyThe book series The Wheel of Time by Robert JordanThe book Doomsday Book by Connie WillisChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Next month, Kenneth Chesebro—the alleged architect of the fake electors plot—is set to be tried in Fulton County, Georgia, on racketeering and other charges. This week, Lawfare Editor-in-Chief Benjamin Wittes and Lawfare Legal Fellow and Courts Correspondent Anna Bower sat down with Chesebro’s defense attorneys, Scott Grubman, Manny Arora, and Robert Wilson. In a wide-ranging conversation, they discussed why Chesebro demanded a speedy trial, debated the merits of several pending motions, and chatted about the prospect of a settlement in Chesebro’s case.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On September 19, Under Secretary for Intelligence and Analysis at the Department of Homeland Security, Kenneth Wainstein, gave a speech at the Brookings Institution on the current threat environment and the role of the Department of Homeland Security's Intelligence and Analysis Office (I&A) in confronting it. Following the speech, Lawfare Editor-in-Chief Benjamin Wittes and Wainstein sat down for a Q&A, both between them and with the live audience at Falk Auditorium at the Brookings Institution. It's a wide-ranging conversation about the lessons of 9/11, how we seem to have forgotten them in certain respects, current congressional efforts to rein in I&A’s intelligence-gathering activities domestically, and the post-Jan. 6 need for those authorities.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On August 21, the Human Rights Watch released a report detailing systematic abuses of Ethiopian migrants and asylum seekers at the Saudi Arabia-Yemen border. Researchers interviewed dozens of Ethiopian migrants and asylum seekers and found that Saudi border guards had used explosive weapons on them and shot migrants at close range. Lawfare’s Associate Editor of Communications Anna Hickey sat down with Joey Shea, a researcher in the Middle East and North Africa Division of Human Rights Watch who investigates human rights abuses in Saudi Arabia and the United Arab Emirates. They discussed the Human Rights Watch recent report, how the international community has responded so far, and the human rights record of Prince Mohammed bin Salman since he ascended the throne in 2015. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

For the past several months, Ukraine has been engaged in a grinding counteroffensive aimed at retaking lost territory from Russian invaders. Last week, Ukrainian President Volodymyr Zelensky joined President Biden for the U.N. General Assembly meeting in New York to make the case for continued support of Ukraine's efforts—a message they then repeated to members of Congress concerning whether to move forward a much-needed aid package.To discuss the state of the Ukraine offensive and where it sits in the broader political context, Lawfare Senior Editor Scott R. Anderson sat down with two leading experts: Eric Ciaramella and Dara Massicot, both of whom are senior fellows in the Russia and Eurasia Program at the Carnegie Endowment for International Peace. They discussed the state of the counteroffensive, how Zelensky's pitches in New York and D.C. went, and where the conflict seems likely to head in this next phase.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, Quinta and Scott were joined by Lawfare colleagues Eric Ciaramella and Saraphin Dhanani, the latter for her last episode of RatSec before departing Lawfare, to break down the week’s big national security news stories, including:“UNGA UNGA Party.” President Biden and Ukrainian President Volodmyr Zelenskyy made back-to-back addresses to the U.N. General Assembly, which is gathered in New York for its annual summit this week. What should we make of their statements? Might this be a turning point for the conflict—and, if so, in which direction?“Et Tu, Modi?” Canada has leveled a serious allegation against the government of India: that it was directly involved in the recent assassination of a Sikh separatist leader (and Canadian citizen) on Canadian soil—something that promises to complicate U.S. efforts to bring India into the fold as a balance to China. How credible are these claims and what might they mean?“Ransomwhere?” The Biden administration has struck a deal with the government of Iran, exchanging several imprisoned Iranian nationals and $6 billion in frozen oil revenue for five U.S. nationals held by Iran and their spouses. Is this negotiating with terrorists, a new opening for Iran negotiations, or something else entirely?For object lessons, Quinta recommended Tyler Austin Harper’s penetrating review of Richard Hanania’s “The Origins of Woke.” Eric also went the critic’s route and passed along Gary Shteyngart’s withering review of Walter Isaacson’s new Elon Musk biography. Scott urged anyone with a junior mycologist at home to run out and find Elise Gravel’s charming “The Mushroom Fan Club.” And Saraphin gave a double-headed finale: BBC’s controversial documentary “India: The Modi Question,” which has been banned in India; and David Brooks’ recent article, “How America Got Mean.”Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This past Thursday, Lawfare Senior Editor Scott R. Anderson hosted “Trump’s Trials and Tribulations,” Lawfare’s weekly live video chat about developments in the many ongoing trials circulating around former President Trump. He was joined by Lawfare’s two leading court reporters, Senior Editor Roger Parloff and Legal Fellow Anna Bower, both of whom have been closely following developments in courthouses around the country, both from afar and sometimes up close and personal. They talked about removal proceedings in Georgia, a proposed gag order of the former president in Washington, D.C., and new news about how former President Trump allegedly mishandled classified information in Florida, as well as the coming wave of litigation around the country seeking to disqualify Trump from the presidency under Section 3 of the 14th Amendment.This is a live conversation that happens online every Thursday at 4:00pm Eastern Time. If you would like to come join and ask a question, be sure to visit Lawfare’s Patreon account and become a Material Supporter.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From May 25, 2019: Our friends from the National Security Institute at George Mason University stopped by earlier this week to discuss U.S.-China relations. Lester Munson, Jodi Herman, Jamil Jaffer, and Dana Stroul, former Senate Foreign Relations Committee staffers who collaborated and sometimes competed with one another on the Committee, had a lively discussion about Huawei, cyber and tech security, the South China sea, and Uighur internment.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It is commonplace for American leaders to describe their fiercest foreign adversaries as irrational, crazy, delusional, or illogical. In their new book, “How States Think: The Rationality of Foreign Policy,” political scientists John Mearsheimer of the University of Chicago and Sebastian Rosato of the University of Notre Dame argue that these claims and many similar ones are often wrong because they're based on a flawed understanding of state rationality in international affairs.Jack Goldsmith questioned Mearsheimer and Rosato about why they think most states act rationally most of the time in developing grand strategy and managing crises. Among other topics, they discussed how their theory of state rationality differs from rational choice theorists and political psychologists, why understanding state rationality is important to success in international affairs, and why Mearsheimer, a harsh critic of U.S. expansion of NATO and of the U.S. choice to pursue liberal hegemony after the Cold War, nonetheless argues in this book that those decisions were rational. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The British royal family and UK intelligence operations have been linked since Queen Victoria's time, involving everything from personal protection to matters of international intrigue to concerns about blackmail. Professor and author Rory Cormac, who has conducted extensive research on the British intelligence services, has recently added to his corpus of writings in the field with a book about the modern royal-intelligence intersection: Crown, Cloak, and Dagger, co-authored with Richard Aldrich.David Priess and Rory discussed the difference in US and UK education about the royal family; intelligence foundations during the reign of the first Elizabeth; why it fell apart under her successor; the seeds of modern intelligence under Victoria; the involvement of UK intelligence officers in the death of Grigori Rasputin; the challenges and advances involving intelligence and Edward VII, George V, and Edward VIII; the contributions of George VI to the Allies' massive D-Day deception operations; Elizabeth II's reading of intelligence reports; Soviet spy Anthony Blunt's close relationship with the royal family; Elizabeth's role as a diplomatic "helper;" the exposures of Charles III and Prince Willliam to intelligence; why Clement Attlee was an underappreciated prime minister; and more.Among the works mentioned in this episode:The book Crown, Cloak, and Dagger by Richard J. Aldrich and Rory CormacThe book How To Stage a Coup by Rory CormacChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Democratic backsliding, a term that American political scientists usually use to describe the process by which other countries transition to autocracy, has come home. Freedom House’s Global Freedom Index, which attempts to track the health of democracies around the world, recently demoted the United States from a score of 90 in 2015 to 83 in 2021, lower than every established democracy in Western Europe. How did American democracy fall so far behind, and more importantly, what can we do about it? Lawfare Managing Editor Tyler McBrien spoke with Steven Levitsky and Daniel Ziblatt, authors of the new book, “Tyranny of the Minority: Why American Democracy Reached the Breaking Point,” to answer these questions about our ailing democracy. They discussed the diagnoses and prescriptions of this breaking point, the most damaging counter-majoritarian features of the U.S. Constitution, and why constitutional and electoral reform is so damn difficult in the U.S.—but not impossible. They also got into how the Republican Party went off the rails.  Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Economic warfare isn’t a new concept. Protectionist policies, asymmetrical trade agreements, currency wars—those are just a few examples of the economic levers states have long used to control outcomes. But in their new book, two political scientists, Henry Farrell and Abe Newman, argue that a technological innovation spurred on by free market embracers and coopted by the U.S. was an accidental entry point into a new era of economic statecraft—an era whose precise contours and rules are still being ironed out today, as we are fighting in a so-called economic war. Lawfare Associate Editor Hyemin Han talked to them about how this weaponization came to be, how U.S. national security objectives are bleeding into economic warfare, and what policymakers might focus on in trying to ensure that the economic web that the U.S. currently sits at the center of is not ravaged by its own power. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week, the UN General Assembly will meet in New York to discuss, among other things, international cooperation to improve global cyber security challenges. This meeting builds on national and international commitments and initiatives that have already been made this past year. One such initiative is cyber-secure nations banding together to provide aid to cyber-risk nations.Lawfare Legal Fellow Saraphin Dhanani sat down with Eugenia Lostri, Lawfare's Fellow in Technology Policy and Law, who recently wrote an article titled, “What Will Mechanisms for Cybersecurity Aid Look Like?” They discussed why cybersecurity aid is necessary, the growing initiatives that the U.S., EU, and international bodies are making in this area, and the many challenges that await.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Some time soon, former President Donald Trump is expected to file a motion in U.S. District Judge Tanya Chutkan’s courtroom to dismiss the Jan. 6 case against him based on some theory of presidential immunity. In a recent piece for Lawfare, our very own Legal Fellow Saraphin Dhanani and Editor-in-Chief Benjamin Wittes write, “The bottom line is that this defense is a bit of a moon shot for Trump, but it’s not a crazy moon shot.”Lawfare Managing Editor Tyler McBrien sat down with Saraphin and Ben to talk through their article, “The Trump Defense, Part II: The Presidential Immunity Gambit.” They discussed the general contours of the defense’s argument and strategy, the prosecution’s likely counterarguments, and all the murkiness and unknowns in between. They also talked about how, even if Judge Chutkan does not accept Trump’s immunity defense—and even if the appellate courts ultimately affirm her judgment on that score—the immunity defense could still be useful to the former president. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, with Scott traveling, Quinta and Alan were joined by Lawfare Senior Editor Molly Reynolds to break down the week’s big national security news stories, including:“What is Impeachment, Really?” Speaker of the House Kevin McCarthy has announced an impeachment inquiry against President Biden seemingly with the goal of finding something to impeach him over. Will this do anything to hold back the right flank of McCarthy’s caucus from coming for McCarthy’s speakership? “The Investigation of the Investigation of Donald Trump.” House Judiciary Committee Chairman and fearless Trump defender Rep. Jim Jordan has fired back against Fulton County District Attorney Fani Willis over the Georgia state indictment of Donald Trump, announcing that he’s planning to investigate Willis for engaging in what he terms a politically motivated prosecution. Willis has responded by accusing Jordan of seeking “to obstruct a Georgia criminal proceeding.” What kind of authority, if any, does Congress actually have to conduct this kind of oversight?“Still Musky.” A new biography of Elon Musk by Walter Isaacson has sparked controversy thanks to Isaacson’s description of a decision by Musk to turn off Starlink coverage near Crimea to block a Ukrainian maneuver. Isaacson has already walked back his own reporting … but the incident still raises questions about Musk’s power on the global stage and his ability as a private actor to shape the course of war.For object lessons, Alan recommended the novel “Song of Achilles.” Molly shared a PBS documentary series about the Troubles called Once Upon a Time in Northern Ireland, and Quinta shouted out the HBO documentary series Telemarketers.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's another episode of “Trump’s Trials and Tribulations,” our weekly video conversation with Lawfare editors and writers on the ongoing Trump trials. On Thursday afternoon, Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor Roger Parloff and Lawfare Legal Fellows Saraphin Dhanani and Anna Bower. They talked about what's going on in Mar-a-Lago, what's going on in Fulton County, and what’s going on in Judge Tanya Chutkan’s courthouse in Washington. Will Judge Chutkan recuse herself? They also talked about Section 3 litigation under the 14th Amendment in Colorado, Minnesota, and elsewhere.Please join us next time by becoming a Material Supporter at our website, lawfaremedia.org/support, or subscribing to our YouTube channel.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From February 16, 2021: The Biden administration has promised significant changes to the U.S. relationship with Iran that could have a marked impact on the Middle East. What is the likelihood that this new administration will be successful? And how will other regional developments—from the Abraham Accords between Israel and a few Arab states, to the healing of the rift within the Gulf Cooperation Council, to the ongoing morass in Syria—affect the dynamics here?To address these questions, David Priess hosted a panel discussion on February 11 for the Michael V. Hayden Center for Intelligence, Policy and International Security at George Mason University's Schar School of Policy and Government. He sat down with Norman Roule, a 34-year veteran of the CIA, who served as the national intelligence manager for Iran for more than eight years; Kirsten Fontenrose, formerly the senior director for the Persian Gulf on the National Security Council staff and currently the director of the Scowcroft Middle East Security Initiative at the Atlantic Council; and Ambassador Dennis Ross, who has served in U.S. government positions pertaining to the Middle East for some 40 years, and who is now a distinguished fellow at the Washington Institute for Near East Policy.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The question of whether the Fulton County trial of Donald Trump and his co-defendants will be removed to federal court is now before the Eleventh Circuit Court of Appeals, and it's on its way to the Supreme Court. Judge Steve Jones of the District Court in the Northern District of Georgia denied Mark Meadows’ motion for removal. He has now also denied an emergency stay of that ruling, and so the question goes to the appeals court in the federal system, even as the underlying criminal case percolates along in Fulton County court in Georgia.To discuss it all, Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Legal Fellow Anna Bower, Lawfare Senior Editor Alan Rozenshtein, and Lee Kovarsky of the University of Texas Law School, who recently wrote a piece on the subject for Lawfare. They talked about the right standard for removal and whether Meadows should be yanked out of Fulton County court, what the Eleventh Circuit and the Supreme Court are likely to do with it, how long they are going to take, and whether the federal litigation will screw up the timing of the Fulton County prosecution.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It’s been another brutal summer with seemingly constant natural disasters precipitated by climate change. The United States and other countries have rightfully begun thinking of climate change as a security issue. But extreme weather is not the only challenge we must contend with. There’s also the problem of climate change’s victims, many of whom are forced to leave their homes. Lawfare Executive Editor Natalie Orpett sat down with Erin Sikorsky, Director of the Center for Climate & Security at the Council on Strategic Risks, to talk about this phenomenon, which is often referred to as climate migration. They discussed the scope of the climate migration crisis, its security implications, and how we can try to mitigate the harm.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On August 30, soldiers and high-ranking officers of the Armed Forces of Gabon seized control of government buildings and communication channels in the capital city of Libreville, detaining Gabon’s President Ali Bongo in his residence and declaring an end to the Bongo family’s 56-year rule. It was a coup—one of nine in the last three years in West and Central Africa, including in Niger just one month prior.  Lawfare Managing Editor Tyler McBrien spoke with Naunihal Singh, author of the book “Seizing Power: The Strategic Logic of Military Coups,” to discuss the spate of coups in the region, the origins of coups, what makes certain countries more coup-prone than others, and the rise and fall of anti-coup norms during and after the Cold War. They also dispelled several coup myths, including the myth of the coup contagion.  Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The United States, the European Union, and China are involved in intense conflicts to control the digital economy, both within their borders and globally. Anu Bradford, the Henry L. Moses Professor of Law and International Organization at Columbia Law School, provides a framework for understanding and assessing these conflicts in her new book, entitled “Digital Empires: The Global Battle to Regulate Technology.” Jack Goldsmith spoke to Bradford about why the EU rights-driven model is in ascendancy in the West and what this means for the U.S. tech companies that are the primary targets of EU regulation—and for innovation more generally. They also spoke about the tech wars between the United States and China, whether U.S. techno-protectionism is a good idea, how far the United States has departed from its 1990s-style Internet freedom agenda, and how well China's state-driven model is faring in authoritarian countries. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

How much influence do social media platforms have on American politics and society? It’s a tough question for researchers to answer—not just because it’s so big, but also because platforms rarely if ever provide all the data that would be needed to address the problem. A new batch of papers released in the journals Science and Nature marks the latest attempt to tackle this question, with access to data provided by Facebook’s parent company Meta. The 2020 Facebook & Instagram Research Election Study, a partnership between Meta researchers and outside academics, studied the platforms’ impact on the 2020 election—and uncovered some nuanced findings, suggesting that these impacts might be less than you’d expect.Today on Arbiters of Truth, our series on the information ecosystem, Lawfare Senior Editors Alan Rozenshtein and Quinta Jurecic are joined by the project’s co-leaders, Talia Stroud of the University of Texas at Austin and Joshua A. Tucker of NYU. They discussed their findings, what it was like to work with Meta, and whether or not this is a model for independent academic research on platforms going forward.(If you’re interested in more on the project, you can find links to the papers and an overview of the findings here, and an FAQ, provided by Tucker and Stroud, here.) Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, Alan, Quinta, and Scott celebrated the second anniversary of Rational Security 2.0 by bringing back everyone's favorite game show edition: the Hot Take Takedown! But this year, instead of being contestants, they sat in judgment on the following hot takes from their Lawfare colleagues:Molly Reynolds, on whether there will be a government shutdown this month;Tyler McBrien, on what should happen with overseas U.S. troop deployments; andBenjamin Wittes, on who will be held accountable first, Russian President Vladimir Putin or former President Donald Trump.Which of these hot takes will be deemed too cold, which too hot, and which just right? Listen in to find out!Meanwhile, for object lessons, Alan shared one of his new favorite uses for superfluous fruits. Quinta shared just the sort of story you expect to hear out of Burning Man: alleged Jan. 6 co-conspirator and criminal defendant Jeffrey Clark casting judgment on former Deputy Solicitor General (and beanie-wearing Burning Man attendee) Neal Katyal. And Scott urged even non-vegetarian listeners to check out the new, updated edition of Peter Singer's classic work on animal rights, "Animal Liberation Now!"Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's another episode of our weekly live stream series, “Trump's Trials and Tribulations,” which takes place on YouTube each week on Thursday afternoons at 4 p.m. ET. This week, Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor Roger Parloff and Lawfare Legal Fellow Anna Bower, to talk about the latest events in Proud Boys sentencing and in Georgia. They talked about the hefty sentences that Enrique Tarrio and other Proud Boys received this week in federal district court in Washington, about how these sentences compare to those received by Oath Keepers and other Jan. 6 perpetrators, and about the machinations in Georgia—removal, immunity, severance, and all the other stuff that is going on with poor Judge McAfee trying to deal with a 19-defendant trial.Please join us next time by becoming a Material Supporter at our website, lawfaremedia.org/support, or subscribing to our YouTube channel.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From January 19, 2021: In the wake of the January 6 mob attack on the Capitol, some have called for the invocation of Section 3 of the 14th Amendment. Section 3 disqualifies anyone who has engaged in rebellion or insurrection against United States from public office. In particular, critics of President Trump have seized on this as a potential way of preventing him from running in 2024. Alan Rozenshtein spoke about Section 3 with professors Daniel Hemel of the University of Chicago Law School and Gerard Magliocca of the Indiana University Robert H. McKinney School of Law.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Liberalism today is under attack, as it often has been. Samuel Moyn, the Chancellor Kent Professor of Law and History at Yale University, believes that liberalism's failures, and a path to its better future, can be discerned through a study of how liberal intellectuals reacted to the rise of fascism and Nazism during the World War II period, and especially to Soviet communism during the Cold War. Jack Goldsmith sat down to talk to Moyn about his new book on the topic, “Liberalism Against Itself: Cold War Intellectuals and the Making of Our Times.” They discussed how and why Cold War liberals such as Isaiah Berlin and Gertrude Himmelfarb transformed liberalism, and why he thinks the transformation has had deleterious effects on U.S. foreign and domestic policy. They also discussed the aims of intellectual history and the relationship between his project and recent anti-liberal projects from the right.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

When he was 18 years old, Ted Hall, then a Harvard undergraduate, was recruited to join the Manhattan Project, becoming the youngest physicist on the U.S. team racing to build an atomic bomb before the Nazis. When it became clear that Germany would lose the war, Hall feared that the Americans might maintain a monopoly over nuclear weapons, an imbalance he thought could lead to global tyranny. So he decided to share secret designs with the Soviet Union, which was then an ally of the United States on its own path to build a bomb.That fateful action, and the life-long consequences for Hall and his wife, Joan, are the subject of filmmaker Steve James’ new documentary, “A Compassionate Spy.” Using original interviews with members of Hall’s family, and archival footage of the now deceased physicist, James explores Hall’s motivations for sharing nuclear secrets and the FBI’s attempts to charge him with that crime. It’s a complex story about espionage, idealism, and ultimately the love between Ted and Joan that helped to keep the truth hidden for decades.Shane Harris spoke with James about the film and his career as a documentary filmmaker. James directed several acclaimed films, including “Hoop Dreams,” “Life Itself,” and “Abacus: Small Enough to Jail.”“A Compassionate Spy” trailer: https://participant.com/film/compassionate-spySteve James’ filmography: https://www.imdb.com/name/nm0416945/  Also discussed in this interview:“Mission to Moscow,” the surprising pro-Soviet film from “Casablanca” director Michael Curtiz: https://www.imdb.com/title/tt0036166/?ref_=nm_flmg_t_39_dr“Bombshell: The Secret Story of America's Unknown Atomic Spy Conspiracy,” by Joseph Albright and Marcia Kunstel https://www.amazon.com/Bombshell-Secret-Americas-Atomic-Conspiracy/dp/081292861XThe Venona program, which helped to finger Hall as a spy for Moscowhttps://www.nsa.gov/Helpful-Links/NSA-FOIA/Declassification-Transparency-Initiatives/Historical-Releases/Venona/https://www.osti.gov/opennet/manhattan-project-history/Events/1945-present/venona.htmChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On July 26, the Securities and Exchange Commission adopted a final rule with new compliance and disclosure obligations surrounding material cybersecurity incidents. Lawfare Senior Editor Stephanie Pell sat down with Kate Hanniford, partner at Alston & Bird, to talk about the requirements and challenges this new rule presents. They talked about some of the problems and concerns that caused the SEC to engage in a rule-making process, when an incident rises to the level of a material cybersecurity incident, and whether the new rule is consistent with the National Cybersecurity Strategy’s goal of harmonizing disclosure and reporting requirements for companies. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

As the 2024 presidential election inches closer, legal scholars are hotly debating whether former President Trump’s actions in relation to Jan. 6 might have disqualified him (and many others) from public office under Section 3 of the 14th Amendment. But far less attention has been given to how precisely this disqualification should be implemented so as to bring the ultimate issue to the Supreme Court for decision—preferably before the 2024 election is under way. To discuss these issues, Lawfare Senior Editor Scott R. Anderson recently sat down with two leading election law experts and friends of the podcast: Professor Ned Foley from The Ohio State University’s Moritz College of Law; and Professor Derek Muller of the University of Notre Dame Law School. They discussed how Section 3 might be interpreted, the ways it might be implemented in relation to former President Trump, and what other avenues for enforcement might apply against other people facing a similar possibility of disqualification.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

There is no more consequential technological development in recent years than widely accessible artificial intelligence. And there are few more consequential contemporary figures in the artificial intelligence field than Mustafa Suleyman, who is the co-founder of DeepMind Technologies, an early leading artificial intelligence firm later bought by Google, and more recently, co-founder of Inflection AI, a firm devoted to personalizing artificial intelligence.Jack Goldsmith sat down with Suleyman to talk about his new and somewhat frightening book, “The Coming Wave: Technology, Power, and the Twenty-first Century's Greatest Dilemma,” which is his take on the novel threats posed by artificial intelligence and synthetic biology. They focused on the artificial intelligence components of the book, discussing AI's promises—and especially its dangers—to both individuals and the state, and what governments and firms can realistically do to redress the dangers.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From February 12, 2021: Lost in the shuffle of an impeachment trial here in the United States was big news from Canada last week. Canada’s Minister of Public Safety added the Proud Boys to Canada’s terror entity list. The listing might be in Canada, but the group had a role in the January 6 storming of the U.S. Capitol. The listing has all sorts of interesting legal and national security implications, so Jacob Schulz talked it through with two Canadian national security experts. Jessica Davis is a former senior strategic intelligence analyst with the Canadian Security Intelligence Service who is now the president of Insight Threat Intelligence and a PhD student at the Norman Paterson School of International Affairs at Carleton University. And Leah West is an assistant professor of International Affairs at Carleton University and serves as counsel with Friedman Mansour LLP. They talked about right-wing extremism in Canada, what the consequences of the listing might be and what it reveals about the relationship between Canada and the United States.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week, Alan, Quinta, and Scott reunited to talk through the week’s big national security news, including:“Pack Your Knives and Go Home.” Vladimir Putin’s top chef has been eliminated. Wagner mercenary chief and Kremlin caterer Yevgeny Prighozin was killed in a plane crash this past week alongside a number of associates, in what the government has conceded might have been a deliberate act. If this was Putin’s revenge, what led him to take this step now? And what will it mean for his Wagner mercenary group—and the stability of Putin’s regime?“The Down Mexico Way.” At the first Republican presidential primary debate last week, there was surprising unity around one point: using the military to go after drug cartels in Mexico, whether it cooperates or not. What should we make of the villainization of America’s southern neighbor? And how realistic are these sorts of proposals?“(Re)Movin’ On Up.” Mark Meadows spent this past Monday trying to move his prosecution for crimes relating to 2020 election interference from Fulton County, Georgia, to federal court, so he can claim a form of immunity stemming from the Supremacy Clause. And some of his co-defendants are not far behind. What should we make of these arguments? Are they likely to succeed?For object lessons, Alan recommended literary puzzle box and joy to read " Trust" by Hernan Diaz. Quinta shared the HBO show, "How to with John Wilson." And Scott dug into the historical archive to endorse Stanley Karnow's "Vietnam: A History." Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Today we’re bringing you a special edition of the Lawfare Podcast: another episode of our series, Trump Trials and Tribulations, recorded live on YouTube before an audience of Lawfare Material Supporters. On Thursday, Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor Quinta Jurecic and Lawfare Legal Fellows Saraphin Dhanani and Anna Bower to get an update on everything that's been going on in the Mar-a-Lago case, in the Georgia Fulton County case, and in the Jan. 6 case in Washington. They talked about that marathon hearing in Georgia where Mark Meadows testified, about Judge Chutkan setting a trial date in Washington, about why Judge Cannon in Florida is not doing anything, and about the non-criminal cases—the attorney discipline cases—that a number of lawyers involved in Jan. 6 are facing.Please join us next time by becoming a Material Supporter at our website, lawfaremedia.org/support, or subscribing to our YouTube channel.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From September 3, 2016: Michel Paradis, a senior attorney in the Department of Defense’s Office of the Chief Defense Counsel and counsel for Abd al-Rahim al-Nashiri, came on the podcast to talk about the D.C. Circuit Court of Appeals' recent ruling in the Al-Nashiri case. So did Bob Loeb, a partner at Orrick, Herrington and Sutcliffe and the former Acting Deputy Director of the Civil Division Appellate Staff at the Department of Justice. Along with Benjamin Wittes, Michel and Bob discuss the ins and outs of the court's ruling from both a legal and a policy perspective.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The National Intelligence Strategy is out, and David Kris, a founder of Culper Partners, sat down to talk about it with Michael Collins, the acting head of the National Intelligence Council. They discussed many aspects of U.S. national security, defense, cyber, and intelligence strategy, including the increasing geopolitical significance of non-state entities, and even the meaning of the word intelligence itself. They also cover Mike's long and illustrious career inside the U.S. intelligence community and his thoughts about the future of U.S. intelligence.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The English language has recently developed a historically unique dominance in the global marketplace--a situation that brings plenty of benefits and just as many downsides. Rosemary Salomone, Kenneth Wang Professor of Law at St. John's University, has researched and analyzed various perspectives on English's supremacy in her recent book The Rise of English, which has a paperback version with a new preface coming early in 2024.David Priess spoke with Rosemary about her background in linguistics and education studies, the origins of the English language's dominance, the role of pop culture in the balance between English as spoken in the United States and as spoken in the United Kingdom, divergent official language policies of international organizations like the United Nations and the European Union, the Anglophone bubble, English as a marketable skill, the debate about the English language within France, French vs Chinese inroads in Africa, the role of the French and English languages in the Rwandan genocide and its aftermath, the controversy over the People's Republic of China-funded Confucius Institutes, the rise of English as the language of protest internationally, the culture around foreign language learning in the US, views about computer coding as a "foreign langauge," Ukrainian President Zelensky's use of the English language, the possibility of Spanish replacing English as the most global language, and more.Among the works mentioned in this episode:The book The Rise of English by Rosemary SalomoneThe book True American by Rosemary SalomoneThe book Visions of Schooling by Rosemary SalomoneThe book Madam Speaker by Susan PageChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Noam Osband and Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Yesterday marked the two-year anniversary of the U.S. withdrawal from Afghanistan. Around 80,000 Afghans were relocated during the withdrawal, and many do not have a pathway to permanent citizenship here in the United States. To get a sense of those immigration challenges and the potential for congressional action on those issues, Bryce Klehm sat down with Shala Gafary, the Managing Attorney of Project: Afghan Legal Assistance at Human Rights First, and Jennifer Quigley, the Senior Director of Government Affairs at Human Rights First. They talked about the current legal status of those relocated persons in the United States, the challenges faced by those still in Afghanistan, and the potential passage of the Afghan Adjustment Act, a bill that could help alleviate some of those legal obstacles.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

What do we mean when we talk about "cybersecurity"? There's clearly a technical component: can someone prevent, through clever hardware and software, someone else from accessing some device or data? But that just raises the question of who should have access. And that's not a technical question. It's a legal, social, and moral one.This, at least, is the argument made by Josh Goldfoot, Principal Deputy Chief at the Department of Justice's Computer Crime and Intellectual Property Section, the nerve center of the federal government's attempt to prosecute cyber criminals. A litigator and policy lawyer with decades of experience thinking about cybersecurity and digital surveillance, Josh just published a paper for Lawfare's ongoing Digital Social Contract research paper series making his case for why cybersecurity isn't just a technical problem. Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare, spoke to Josh about his paper and what viewing cybersecurity as a social, not just engineering, problem means for our ongoing efforts to secure our digital lives.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Yesterday, August 28, was a busy day in court. In federal court in Atlanta, Donald Trump’s former chief of staff Mark Meadows made the argument for why the charges against him in Fulton County should instead be tried before a federal judge. And in Washington, D.C., Trump’s attorneys tangled with the special counsel’s office in a hearing in the Jan. 6 case, which resulted in Judge Tanya Chutkan scheduling a trial date for March 4, 2024. Lawfare’s devoted team headed to both courtrooms—so we’re bringing you a double dispatch from both Georgia and D.C. Lawfare Senior Editor Quinta Jurecic sat down with Anna Bower, who spent her day in the Georgia courtroom, and Saraphin Dhanani and Hyemin Han, who held down the fort in D.C., to talk through the two hearings.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On August 20, Guatemalans elected a new president, Bernardo Arévalo. His landslide victory was also a major win for the country’s struggling democracy. An unexpectedly strong candidate who ran on an anti-corruption platform, Arévalo triumphed despite months of dirty tricks by institutional actors seeking to preserve the country’s status quo.To discuss Arévalo’s victory, the wild months that led up to it, and the challenges ahead, Lawfare Senior Editor Quinta Jurecic talked to Manuel Meléndez-Sánchez, a PhD candidate in Political Science at Harvard University who studies emerging challenges to contemporary democracy, with a focus on Latin America. Guatemala isn’t out of the woods yet, but in a moment of worldwide anxiety over democratic backsliding, the Guatemalan election might be the rarest of things: a good news story.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, Quinta and Scott were joined by Lawfare Executive Editor Natalie Orpett to break down the week’s big national security news stories, including:“Home to Roost.” A judge in the military commission trying Abdul Raheem al-Nashiri, a suspect in the 2000 USS Cole bombing, has ruled that his confession is inadmissible on the grounds that it was tainted by his prior torture and interrogation at the hands of U.S. officials, even though the confession itself was extracted from a non-coercive “clean team.” What does this mean for the future of the Nashiri trial? And of the military commissions as a whole? “Disqualification, Qualified.” A pair of leading conservative constitutional scholars has reignited the discussion surrounding Section 3 of the 14th Amendment, arguing that it is self-executing and excludes former President Trump from the presidency. How persuasive are their arguments? And what impact will they actually have on the 2024 election?“A Distinctive Musk.” The New Yorker has run a profile of Elon Musk, focusing in substantial part on the complicated but central role he and his company SpaceX have come to play in Ukrainian military efforts, despite his frequent flirtations with Russian President Vladimir Putin. What should we make of Musk’s important role in national security affairs? And are there better ways for the U.S. government to approach it?For object lessons, Quinta shared a profile of the weirdest Jan. 6 co-conspirator to date. Scott endorsed the new true spy thriller podcast series, “Spy Valley.” And Natalie shouted out her most recent favorite delicious treat, Nightingale ice cream sandwiches.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Today we’re bringing you a recording of our live virtual event from this past Thursday. It’s part of our series, Trump Trials and Tribulations, where we provide regular updates on what’s going on in the criminal trials of Donald Trump in DC, Florida, and Georgia. Please join us next time by becoming a Material Supporter at our website, lawfaremedia.org/support, or subscribing to our YouTube channel.This week, Lawfare Executive Editor Natalie Orpett sat down with Lawfare Senior Editors Quinta Jurecic and Scott R. Anderson and Lawfare Legal Fellow Anna Bower to talk about mug shots in Georgia, conflicts of interest in Florida, trial dates in DC, and violent threats against a judge.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From May 15, 2017: This afternoon, the Washington Post broke a major story: Donald Trump disclosed highly classified material to the Russian ambassador and Foreign Minister in the Oval Office last week, compromising a highly sensitive counterterrorism program run by an allied intelligence service. This evening, we got former DNI General Counsel Robert Litt on the line for a discussion with Susan Hennessey and Benjamin Wittes of the latest mess. Litt helped coordinate and manage the intelligence community's response to the Edward Snowden revelations, so he knows a little something about responding to massive intelligence disclosures. They talked about how bad the disclosure may be, what the remedies for it are, and what we still don't know.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Earlier this month, there was big trouble in little Marion, Kansas, where an entire police department raided the offices of the Marion County Record, a small, family-owned newspaper about 60 miles north of Wichita, with seven employees and a circulation of about 4,000. To discuss this alarming violation of press freedom, Lawfare Managing Editor Tyler McBrien sat down with Caitlin Vogus, Deputy Director of Advocacy at the Freedom of the Press Foundation. They talked about what motivated the raid, how it went down, and the chilling effect this kind of thing can have on small town newspapers and big media organizations alike. They also discussed what journalists—from lone freelancers to sizable newsrooms—can do to protect themselves from all manner of press freedom violations. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On April 13, 2022, in the wake of the Russian invasion of Ukraine, Lawfare Editor in Chief Benjamin Wittes conducted his first “special military operation” at the Russian embassy in Washington, DC. Now, Wittes is conducting these protests abroad on what he calls the ERAS (Eradicating Russian Ambassadorial Sleep) Tour. In his conversation with Katherine Pompilio, one of Lawfare’s associate editors and this week’s Chatter guest host, Wittes talks about his most successful special military operation yet, dealing with international law enforcement, NATO’s impact on Baltic countries, the American versus European understanding of the war in Ukraine, and more.Works mentioned in this episode:Ben’s Substack Dog Shirt DailyBen’s speech at a rally in StockholmThe work of Nikita TitovChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week, the UN ad hoc committee tasked with elaborating a cybercrime convention is meeting in New York. Delegates will be involved in in-depth negotiations of the draft convention, ahead of the concluding session in January 2024. The cybercrime convention is only one of many initiatives in the growing field of cyber diplomacy. Looming over this work is a big question: Is there enough common ground to pave the path for consensus?Lawfare’s Fellow in Technology Policy and Law Eugenia Lostri sat down with Ambassador Nathalie Jaarsma, the Netherlands Ambassador at-Large for Security Policy and Cyber. They discussed the tensions plaguing the cyber negotiations in the UN, how diplomacy can help ensure accountability for malicious state behavior in cyberspace, and how to think about progress in the field.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In May 1984, former U.S. Marine, engineer, and early Silicon Valley entrepreneur James Harper was sentenced to life in prison for his central role in an audacious scheme to sell a bevy of classified documents relating to U.S. missile defense to the Soviet bloc and its allies. Four decades later, his story was almost forgotten, until it was rediscovered and investigated by national security reporter Zach Dorfman with help from some of the men who helped catch Harper—and the spy himself. Now, with help from our friends at Goat Rodeo, Dorfman has turned this story into a six-part podcast series entitled “Spy Valley,” which takes a close look at Harper's seminal spy case. Lawfare Senior Editor Scott R. Anderson sat down with Dorfman to talk over Harper's story and what it can tell us about the relationship between America's national security and those working at the bleeding edge of technological development.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In 2003, President Bush created the President’s Emergency Plan for AIDS Relief, or PEPFAR, and in the twenty years since, the program has been credited with saving over 25 million lives and stabilizing health systems around the world. On Sept. 30, 2023, the program will expire if Congress doesn’t act, putting millions of people at risk of losing access to HIV/AIDS treatment.Lawfare Associate Editor of Communications Anna Hickey sat down with Emily Bass, a writer and activist who has spent more than twenty years writing about and working on HIV/AIDS. In 2021, she wrote “To End a Plague,” a book on America's war on AIDS in Africa. They discussed how PEPFAR has changed over the past two decades, why it is at risk of expiring this fall, and what the expiration would mean for the millions of people who depend on it.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It’s only been a few weeks since Special Counsel Jack Smith indicted Donald Trump. But both he and his lawyers have already been previewing their case in defense: that he was protected by the First Amendment, that he relied on the advice of counsel, and—the glue holding it all together—he really believed what he was saying. We recently published two articles on the subject. The first, by Lawfare Editor-in-Chief Benjamin Wittes and Legal Fellow Saraphin Dhanani, assesses Trump’s likely defenses. The second, by Lawfare Senior Editor Roger Parloff, argues that a jury may well see through them. Lawfare Executive Editor Natalie Orpett sat down with Ben, Saraphin, and Roger to talk through it all.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, Alan, Quinta, and Scott were joined by Fulton County correspondent Anna Bower to talk through the week’s big news down south, including: “Waiting on a Midnight Complaint in Georgia.” Late on Monday night, Fulton County District Attorney Fani Willis finally indicted Donald Trump alongside eighteen co-conspirators for attempting to interfere with the state of Georgia’s 2020 election results. What does this fourth criminal indictment mean for the universe of legal cases against the former president?“Hunter Becomes the Hunted.” Earlier this week, Attorney General Merrick Garland took the unexpected step of appointing Delaware U.S. Attorney David Weiss as a special counsel to investigate Hunter Biden. What led to this move? And what does it mean for the investigation into the president’s son?“Why So CFIUS?” President Biden has finally issued a long-expected executive order installing some controls on outbound U.S. investments, particularly in relation to China and certain sensitive technology sectors. How big a deal is this new policy?For object lessons, Alan shouted out his latest favorite thriller about a bunch of falsely accused Brits, “Suspicion.” Quinta brought the listeners’ attention to an entertaining court transcript about “fleets.” Scott celebrated the late Paul Reubens’ legacy as Pee-Wee Herman, including his phenomenal 1979 debut on “The Dating Game.” And Anna endorsed her latest courtroom treat, Papa John’s Pizza.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From May 16, 2022: In order to tell you this story, we need to start at the beginning, just before the U.S. invasion. After 9/11, the CIA set their sights on al-Qaeda’s base in Afghanistan. After a military invasion that fall, people up and down the chain of command learned that in order to fight this war the US needed local partners to help.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Listeners of this podcast are probably familiar with Molly Reynolds’s work on Congress. She’s a Senior Fellow at Brookings and a Senior Editor at Lawfare—and she has a new report out at Brookings, with Naomi Maehr, on “How partisan and policy dynamics shape congressional oversight in the post-Trump era.” Molly and her team have collected an enormous amount of data over the years about how Congress conducts oversight, and the report is a thought-provoking overview of what the legislature got up to during the 117th Congress. Today on the show, Lawfare Senior Editor Quinta Jurecic talked with Molly about her report and what patterns she’s found in oversight from the 116th Congress through today. For fans of the Jan. 6 Committee’s work, they also discussed that committee’s investigation and what it does and doesn’t tell us about congressional investigations going forward.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Dr. Calder Walton, assistant director of the Applied History Project and Intelligence Project at Harvard University's Belfer Center for Science and International Affairs, has become one of the world's most highly respected intelligence historians. His most recent book, Spies: The Epic Intelligence War Between East and West, describes the long history of Russian spying--placing it into the wider context of the hundred-year espionage war between the East and West. And this gives him a remarkable perspective on how Soviet and Russian operations against the West have been portrayed in movies and television.David Priess spoke with Calder about his path to researching and writing within the intelligence history subfield; the story of the Mitrokhin archive; the Cambridge Five; the Rosenbergs; Oleg Penkovsky; Aldrich Ames; Robert Hanssen; Russian disinformation campaigns in historical context; enduring popular myths about the master recruits of the KGB; and much more.Among the works mentioned in this episode:The article "How Oppenheimer's Atomic Bomb Secrets Were Really Stolen by Soviet Russia," Fortune (July 24, 2023), by Calder WaltonThe play Hamilton and book Alexander Hamilton by Ron ChernowThe book The Sword and the Shield by Christopher AndrewThe book The Mitrokhin Archive by Christopher Andrew and Vasili MitrokhinThe book Defend the Realm: The Authorized History of MI5 by Christopher AndrewThe book The Secret History of MI6 by Keith JefferyThe book Behind the Enigma: The Authorized History of GCHQ by John FerrisThe book Empire of Secrets by Calder WaltonThe book Spies -- digital expansion websiteThe book Spies, Lies, and Algorithms by Amy ZegartChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Lawfare Fulton County Correspondent Anna Bower is the author of the Lawfare article entitled, “What the Heck Happened in Coffee County, Georgia?” It is a detailed look back at the computer intrusion that shows up rather prominently in Fulton County District Attorney Fani Willis’s election interference indictment. Anna joined Lawfare Editor-in-Chief Benjamin Wittes to talk it through. How did all of this information—depositions, court filings, etc.—fall into her lap and reveal this incredible yarn? Why did people associated with the Trump campaign get interested in what happened in Coffee County, Georgia? And how did a team end up taking election system data from the county—in broad daylight—despite it being computer intrusion and theft?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On July 18, Michigan Attorney General Dana Nessel unveiled criminal charges against 16 people—the “fake electors” from that state who featured in Trump’s effort to hold onto power in 2020. Just a few weeks later, a special counsel in Michigan announced additional charges related to the 2020 election, this time against three people who allegedly accessed voting machines in the state without authorization. So if you’ve been tracking developments when it comes to accountability for misconduct surrounding the 2020 election, it’s best not to take your eye off Michigan.To discuss, Lawfare Senior Editor Quinta Jurecic sat down with Clara Hendrickson, a politics reporter at the Detroit Free Press. They talked through the backstory behind these prosecutions and why Michigan became such a hotbed of conspiracy theories and alleged crimes in 2020.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On Monday, August 14th, former President Donald Trump was indicted by a grand jury in Fulton County for his alleged attempts to manipulate the electoral vote count in the state of Georgia during the 2020 presidential election. For this emergency edition of the podcast, Lawfare Editor-in-Chief Benjamin Wittes sat down on Lawfare Live with Legal Fellow Anna Bower and Senior Editors Quinta Jurecic and Scott Anderson to unpack it all.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The district attorney for Fulton Co., Georgia, issued a fourth criminal indictment of former President Donald Trump late last night, for crimes relating to efforts to manipulate the 2020 election results. Lawfare will be hosting a live online discussion of the indictment and what it means. Check our website, lawfaremedia.org, for details and links to watch. Become a Material Supporter of Lawfare to join the conversation live and ask us your questions.The audio from that session will be released as an episode of the Lawfare Podcast after the event.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On Aug. 6 former President Donald Trump announced on social media that he would “immediately” seek a “venue change ... out [of] D.C.” of his recent four-count federal indictment in Washington, D.C., for allegedly conspiring to overturn the results of the 2020 presidential election. He cited the city’s overwhelmingly majority liberal political demographics as a reason for transferring the trial’s venue, and called the city “a filthy and crime ridden embarrassment to our nation.”Is Trump likely to succeed in court if he files a motion to transfer venue? Is there any precedent for this? Have other Jan. 6 defendants made similar claims? And how is the Supreme Court likely to interpret this issue?To answer all of these questions and more, Lawfare Associate Editor Katherine Pompilio sat down with Lawfare Senior Editor Roger Parloff, who has been closely tracking Jan. 6 prosecutions, and recently published a piece on Lawfare unpacking this issue. They discussed what Jan. 6 defendants have argued in their motions to transfer venue, how the Justice Department has responded, and why if Trump files a motion to transfer venue in his Jan. 6 case, it is likely, as Roger puts it, “dead on arrival.” Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week, Alan, Quinta, and Scott beat back the heat to dig into the week's big national security news stories, including:“ECOWAShed?” We are now several weeks into a coup in Niger, a country once seen as one of the more reliable Western partners in the Sahel region and home to French and U.S. troops who have been helping the Nigerien military combat a local Islamist insurgency. Even as the Nigeria-led Economic Community of West African States, or ECOWAS, has threatened sanctions and intervention to unwind the coup, neighboring states like Burkina Faso and Mali with close ties to Russia and its Wagner Group have threatened a military response in kind. What might this coup mean for the future of the Sahel? And how should the United States be responding?“A Tale of Two Sittings.” Former President Donald Trump is now the subject of two different criminal indictments, each of which is being overseen by a very different judge in very different ways. What should we make of their divergent approaches thus far? And what does it mean for the effectiveness and legitimacy of the justice system in these highly polarizing cases?“KOSA, No Sir.” A bipartisan coalition in Congress has rolled out a new version of the Kids Online Safety Act, or KOSA, that seeks to respond to concerns raised by digital rights and civil liberty groups while still taking steps towards protecting children online. But many on the right and left aren’t having it. What should we make of this new proposal and the reactions it’s provoked?For object lessons, Alan invoked his father-of-a-son credentials to recommend Christine Emba's recent piece, "Men Are Lost. Here's a Map Out of the Wilderness." Quinta recommended the Neil Gaiman and Terry Pratchett mash-up, "Good Omens" (the book, not the TV show). And Scott shared plans for his homemade improvised pizza oven, which he set up on his gas grill with just some fireproof bricks, two baking steels, and a heavy dose of grit.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From June 16, 2020: The 2020 presidential election is less than five months away. As the election inches closer and closer, concerns have grown about the possibility that President Trump, should he lose the election, would refuse to recognize the legitimacy of the result. How can we think about that risk? Do we have adequate statutory and constitutional guardrails that protect us from electoral catastrophe? Jacob Schulz sat down with Lawrence Douglas, James J. Grosfeld Professor of Law, Jurisprudence and Social Thought at Amherst College, and author of the new book “Will He Go? Trump and the Looming Election Meltdown in 2020.” They talked about the vulnerabilities in our electoral system, historical examples of mishaps in presidential elections and how to think about the president’s continued hostility toward elections and, in particular, mail-in voting.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Former President Trump has been arguing for some time now that the criminal charges he’s facing in New York, Florida, and D.C. are politically motivated. At a campaign event in New Hampshire a few days ago, he also complained that the cases are forcing him “to spend time and money away from the campaign trail.” The cases haven’t even gotten to trial yet, but two of them are scheduled to take place during campaign season.Which raises the question: does Trump have to actually attend all of these trials while he’s also running for president? Lawfare Executive Editor Natalie Orpett sat down with Dan Richman, the Paul J. Kellner Professor of Law at Columbia Law School, to discuss. As it turns out, it’s a complicated question.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Katie Benner is a features writer for the New York Times, who covered the Justice Department for a number of years beginning in 2017. In a wide-ranging conversation, she sat down with Lawfare editor-in-chief to talk about the challenges of walking into the Justice Department beat during the Trump administration and covering the post-election uprising within the department. She also gave a textured assessment of the department’s criminal investigation of Trump and other Jan. 6 defendants. And she talks about what makes a Justice Department source, and how the department has changed in the era of Merrick Garland.Among the works mentioned in this episode:The article, "Trump and Justice Dept. Lawyer Said to Have Plotted to Oust Acting Attorney General," by Katie Benner.The article," Louisiana School Made Headlines for Sending Black Kids to Elite Colleges. Here’s the Reality," by Erica L. Green and Katie BennerChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The Task Force for a Trustworthy Future Web was put together by the Atlantic Council for a sprint study of the future of trust and safety in the ever-evolving internet. It issued its report, “Scaling Trust on the Web,” at the end of June. Lawfare Editor-in-Chief Benjamin Wittes sat down with two members of the task force to talk all about it. Rose Jackson is the Director of the Democracy in Tech Initiative at the Atlantic Council, and Camille François is the Global Director of Trust and Safety at Niantic. They talked about how the task force came to be; about what has been learned about trust and safety from a lot of areas to date, including and especially gaming; and about the challenges in the future as trust and safety scales to new ecosystems.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The increasingly pervasive use and abuse of spyware by governments around the world has led to calls for regulation and even outright bans. How should these technologies be controlled? Asaf Lubin, an Associate Professor of Law at Indiana University's Maurer School of Law, thinks that the best path forward is an international agreement that would regulate, but not outlaw, these important national security and crime-fighting tools. He's just published a paper for Laware's ongoing Digital Social Contract research paper series making his case for what he calls the Commercial Spyware Accreditation System. Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare spoke with Asaf about why current efforts to control spyware are insufficient and why only a global regime can do the job.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Just weeks ago, the U.S. Court of Appeals for the D.C. Circuit upheld the life sentence of a Yemini national serving out his time at the Guantanamo Bay detention center. He had appealed this life sentence, in part on the grounds that his conviction was based on evidence obtained by torture. Meanwhile, at the Guantanamo military commissions, another detainee tried to appeal charges against him on the basis that torture-obtained evidence was used in his referral for trial by the military commissions—but in June, the body that reviews referrals for trials at Guantanamo denied this appeal. He and his co-defendants are currently set to have pre-trial hearings in October. All of this is happening despite the fact that in 2022, in a case about a different Guantanamo detainee, the Biden administration’s Justice Department committed to a reinterpretation of a key statute that blocks the use of torture-obtained evidence in Guantanamo litigation and reaffirmed that it would not try to admit statements that the detainee gave while in CIA custody. So how and why is it that torture-obtained evidence still seems to be being used in certain GTMO cases? To understand the issues, Lawfare Associate Editor Hyemin Han spoke to Scott Roehm, Director of Global Policy and Advocacy at the Center for Victims of Torture, and an Adjunct Professor of Law at Georgetown Law School. They talked about the history of torture evidence at GTMO, dove into a few cases in context of the Justice Department’s 2022 re-interpretation, and discussed what this all might mean for other GTMO detainees moving forward.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In the last year, the ADL and GLAAD tracked at least 356 incidents of anti-LGBTQ+ hate and extremism in the U.S. This marks an alarming rise over the past two years of anti-LGBTQ+ sentiment and violence. 49% of all incidents were perpetrated by individuals associated with extremist groups. This seems to point toward a much larger recent focus on the LGBTQ+ community by far-right extremists.Lawfare Intern Gia Kokotakis sat down with Meghan Conroy, a Research Fellow at the Atlantic Council's Digital Forensic Research Lab who leads its domestic extremism research portfolio, and Jon Lewis, a Research Fellow at George Washington University's Program on Extremism. Both Jon and Meghan have done significant research on far-right extremist groups and ideologies, as well as their intersections with anti-LGBTQ+ violence. They discussed the role far-right extremist groups previously played in anti-LGBTQ+ violence, what may have caused a spike in violence against the queer community, and how the extremist groups committing these acts of violence differ from our traditional conception of the far right.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, Alan, Quinta, and Scott were joined by co-host emeritus Benjamin Wittes to talk through the week's YUGE national security news, including:“So THAT’s What the Insurrection Act is For.” Former President Trump has been indicted for conspiring to overthrow the results of the 2020 election, including through the insurrection on Jan. 6. And while they haven’t been charged, the indictment names six co-conspirators who were allegedly willing to go to the mat—including former Justice Department official Jeffrey Clark, who, in one of the darkest moments in the indictment, suggested that the Insurrection Act would be used to deploy the military against anyone who protests the Trump administration’s actions. What does this indictment mean, historically and politically? And where will the trial go from here?“The Spy Who Nagged Me.” The intelligence community is knocking on Congress’s door, hat in hand, asking once again for the renewal for the controversial-but-essential section 702 surveillance authority. But odds seem slimmer than ever this year, not least because the political dynamics around federal law enforcement and intelligence changed so dramatically over the course of the Trump administration. What are the odds of renewal? And what conditions are likely to come if it happens?“Hunter and the Fox.” President Biden’s son Hunter, who has wrestled with substance abuse and mental health issues, is back in the news for at least attempting to plead guilty to an array of criminal offenses—and for congressional testimony alleging that he parlayed access to his father into lucrative business deals. The stories have become a mainstay in conservative media circles and right-wing attacks on President Biden. But how much is smoke and how much is fire?For object lessons, Alan recommended the period thriller “Operation Mincemeat” and its focus on Colin Firth's double-breasted period suits. Quinta sang the praises of the Star Wars section at Disneyland, Galaxy's Edge. Scott endorsed “The Thief Collector,” a charming documentary about a real-world heist and a retired couple's dark double-life. And Ben celebrated his decision to bring "The Orb" out of retirement for the big Trump indictment.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

With the indictment and arraignment of former President Donald Trump this past week, Jan. 6 and its aftermath are very much on people's minds. So for today's Lawfare Podcast archive episode, we're bringing you the first episode of our narrative podcast series on precisely that topic. It's called The Aftermath.In this first episode, we looked at the events of Jan. 6 itself and all of the questions about accountability that followed. We recorded this first episode in 2021, long before we knew that Trump would eventually be indicted for his role in all of this. It's a reminder of how things looked at the time.You can listen to the whole first season of The Aftermath on our website, or wherever you get your podcasts.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On July 27, the Justice Department announced a sprawling civil rights investigation, also known as a pattern or practice investigation, into the City of Memphis and the Memphis Police Department. The announcement came just weeks after the department’s Civil Rights Division released a report of a similar investigation into abuses at the Minneapolis Police Department. Both investigations were motivated, at least in part, by the murder of black men at the hands of police—Tyre Nichols in Memphis and George Floyd in Minneapolis. In a recent article for Lawfare about the Minneapolis report and another report looking at the Louisville Metro Police Department, Christy Lopez wrote: “As with past police investigations, the abuse these reports document is chilling, partly in its frequency and perhaps even more so in conveying how casually abuse can occur in policing.” And yet she remained hopeful, writing that the Civil Rights Division of the Justice Department “heralded what could be a new era in police reform.”   Lawfare Managing Editor Tyler McBrien sat down with Christy, a Professor from Practice at Georgetown Law and former Deputy Chief in the Special Litigation Section of the Civil Rights Division at the U.S. Department of Justice, to talk about her extensive experience conducting pattern or practice investigations into police departments and negotiating consent decrees. They talked about the history of these investigations stretching back to the Rodney King beating, the common trends of police abuse that pattern or practice investigations find, and whether or not we’re in the midst of a broader reckoning with ideas of policing and public safety. Please note that this episode contains content that some people may find disturbing, including graphic depictions of police violence. Listener discretion is advised.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In June 2017, FBI agents arrived at the home of Reality Winner, a translator working for the NSA, to question her about an unauthorized leak of classified information concerning Russian interference in U.S. elections. Six years later, Tina Satter’s new film, “Reality,” tells the story of that fateful day, which led to Winner’s imprisonment. Satter’s screenplay relies almost entirely on a verbatim transcript of Winner’s conversations with the FBI agents. The dialogue is by turns quotidian and suspenseful. "Reality" is partly a psychological thriller as well as an exploration of the mind and motivations of Winner herself. She received the longest prison sentence ever given by a federal court for the unauthorized release of government information to the media. Shane Harris talked with Satter about her film, which is based on her stage play, “Is This a Room.” Satter says she became fascinated with Winner after reading about her arrest in the press. She thought the transcript had dramatic potential. To Satter, it read like the script for a play, with a list of characters and dialogue. “Is This a Room” received critical praise and won important theatre awards. The movie, “Reality,” is streaming on Max. Satter began her theatrical career in Portland, Oregon, and has worked with some of the biggest names in experimental theatre. She now lives and works in New York. Among the works mentioned in this episode:“Reality” on Max: https://www.hbo.com/movies/reality “Is This a Room” review: https://www.nytimes.com/2021/10/11/theater/is-this-a-room-review.html The New York magazine article that first got Satter interested in Winner's story: https://nymag.com/intelligencer/2017/12/who-is-reality-winner.html Satter’s production company, Half Straddle: http://www.halfstraddle.com/ Reality Winner’s interview with Rolling Stone: https://www.rollingstone.com/politics/politics-features/reality-winner-interview-prison-nsa-1261844/ Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Noam Osband and Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Over the past eighteen months, Ukraine has served as the stage for a proxy battle between superpowers, with the invading Russians on one side and a U.S.-led coalition of Western allies backing Ukraine on the other. As such, it’s the closest thing we’ve yet seen to what many military strategists believe will be the defining challenge of the next strategic era: a near-peer conflict between two or more technologically sophisticated major powers. In this way, the conflict has served as a canary in the coal mine for new military trends, tactics, and technologies that may soon be brought to bear against the West (or by it). Last month, Shashank Joshi, the Defence Editor for The Economist, published a special report in The Economist outlining what lessons military leaders in the West are taking away from the Ukraine conflict as they prepare their own militaries for their next fight. He sat down with Lawfare Senior Editor Scott R. Anderson to talk over his findings and what Ukraine can tell us about the future of war. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On Tuesday, a D.C. grand jury voted to indict Donald Trump for a range of crimes that all involve the attempt to prevent the peaceful transfer of power following the 2020 presidential election. For this emergency edition of the podcast, Lawfare Editor-in-Chief Benjamin Wittes sat down on Lawfare Live with Senior Editors Scott R. Anderson, Roger Parloff, and Quinta Jurecic; Executive Editor Natalie Orpett; and Legal Fellow Anna Bower to unpack it all.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In last month’s landmark settlement, the City of New York agreed to pay over $13 million to a group of 1,380 protestors who “were arrested and/or subjected to force by N.Y.P.D. officers” in Manhattan and Brooklyn in the summer of 2020. The proposed settlement marks “the largest total payout to protesters in a class-action suit in the United States,” according to Akela Lacy at The Intercept. The plaintiffs won the case, at least in part, thanks to the work of SITU Research, a group that conducts visual investigations and “merges data and design to create new pathways for justice.” SITU Research’s work supports activists, advocates, and lawyers, bridging the gap between digital evidence and the communities that can best deploy them towards justice and accountability. Lawfare Managing Editor Tyler McBrien sat down with Brad Samuels, a founding partner at SITU who has overseen the team’s visual investigations for legal and advocacy organizations including The International Criminal Court, Human Rights Watch, Amnesty International, The Associated Press, Frontline, The United Nations, and many others. They discussed why forensic reconstructions and other visual investigations are so useful in the pursuit of justice for war crimes and other abuses, how Samuels and his colleagues build them, and some of the pushback they get. They also talked about the thorny new questions these new technologies raise, including the dangers of retraumatizing victims. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This past week, the House Oversight Subcommittee on National Security, the Border, and Foreign Affairs held a spirited hearing on an unusual topic: Unidentified Aerial Phenomena, or UAPs, the more correct term for what are commonly called UFOs, or Unidentified Flying Objects. The witnesses included two military veterans who claimed to have borne eyewitness to UAPs, and an intelligence community whistleblower who claims to have heard secondhand from contacts about a range of government activity relating to extraterrestrials, including the recovery of alien remains and crashed aircraft. Perhaps unsurprisingly, the witnesses’ testimony has triggered an array of strong reactions, from outright scorn and disbelief to an array of boosters eager to tie it into their own worldviews and conspiracy theories. To talk through the revelations at this hearing and the debate over UAPs more broadly, Lawfare Senior Editor Scott R. Anderson sat down with veteran Washington Post national security reporter Shane Harris, who has closely followed the debate over UAPs for many years. They talked about how the witnesses’ testimony fits into the broader universe of reports relating to UAPs, what parts reflect serious policy problems and which don't, and how to separate the wheat from the chaff in the broader UAP debate.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, Alan, Quinta, and Scott were joined by the long absent Lawfare Executive Editor Natalie Orpett to talk through the week’s big national security news stories, including:“Next Fear in Jerusalem.” This week, Israel’s Knesset voted to abolish the “reasonableness doctrine” that had allowed its courts to review administrative decisions by the executive branch—a revolutionary move that triggered unprecedented protest around the country and a wave of resignations throughout the armed forces and other corners of the country. What is the significance of this change? And what does it mean for the future of Israeli democracy?“Rio Grandstanding.” The Biden administration sued the state of Texas this week for installing barriers across the Rio Grande river, purportedly to stymie the flow of unlawful immigration. Texas, meanwhile, maintains that it has the right to take these measures as part of its sovereign authority as a state. Who has the better of these arguments, and what does it tell us about the state of the law and politics surrounding immigration in the United States?“Gone Fishing.” Despite months of revelations regarding ethical shortcomings by its members, the Supreme Court has thus far resisted efforts to install stronger accountability mechanisms. But earlier this week, the Senate Judiciary Committee adopted a measure (along party lines) that would force the Court to do so by directing it to adopt a Code of Ethics. Is this the right approach?For object lessons, Alan recommended that other weekend blockbuster, the new Mission Impossible movie. Quinta gave her (slightly qualified) endorsement to the Barbie movie. Scott wholeheartedly recommended the true winner in this year’s weird movie sweepstakes, the Dungeons & Dragons movie. And Natalie broke the movie streak to join the chorus of praise for the Libby app (hooray public libraries!) and to endorse Mirasa baby clothes, both of which she found a new appreciation of on family leave.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From December 7, 2020: Jack Goldsmith spoke with Adam Cox and Christina Rodríguez, the authors of "The President and Immigration Law," a new book about the historical rise and operation of a president-dominated immigration system. They discussed the various ways that Congress has delegated extraordinary power over immigration to the president, how what the authors call "de facto delegation" confers massive presidential enforcement discretion that is the basis for programs like the Deferred Action for Childhood Arrivals program, and the benefits, costs and legal limits of this system. They also discussed what President Donald Trump accomplished with his immigration program during his term in office and President-elect Biden's possible immigration agenda.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Joshua Geltzer is the Deputy Homeland Security Advisor at the White House, part of the National Security Council staff. He is the president's point person on the reauthorization battle surrounding Section 702, the Foreign Intelligence Surveillance Act section that authorizes broad collection against overseas targets using domestic infrastructure. He joined Lawfare Editor-in-Chief Benjamin Wittes to talk about 702, the problems it has had, the reasons the government thinks it needs it still and wants it reauthorized, and the tough legislative landscape the government is facing between traditional left anxieties about the statute and those of the Trumpist right.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Creators of science fiction movies and television shows often build worlds with at least some attention to governance systems and international (or interplanetary) political interactions. Sometimes, they develop central plot points out of national security matters, even if they play out in entirely different galaxies or dimensions. So it's not surprising that political scientist and author Stephen Dyson has spent years looking closely at how the genre influences--and, in turn, is influenced by--international relations theory and practice.David Priess hosted Stephen for a conversation about the definitions of science fiction, fantasy, and speculative fiction; teaching international politics in China; how science fiction helps us to understand international relations and how IR inform our viewing of science fiction; politics in the Star Trek, Battlestar Galactica and Star Wars universes; and much more.Among the works mentioned in this episode:The book Otherworldly Politics by Stephen Benedict DysonThe books Imagining Politics, The Blair Identity and Leaders in Conflict by Stephen Benedict DysonThe book Metamorphoses of Science Fiction by Darko SuvinThe YouTube channel UConnPopCastThe TV shows Star Trek (The Original Series), Star Trek: The Next Generation, Battlestar Galactica (2004-2009), Battlestar Galactica (1978-1979), and Game of ThronesThe movies Star Wars: Episode IV - A New Hope and Rogue OneThe article "Images of International Politics in Chinese Science Fiction: Liu Cixin's Three-Body Problem," in New Political Science (2019), by Stephen Benedict DysonThe book Children of Time by Adrian TchaikovskyThe book Blood Meridian by Cormac McCarthyChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Isabelle Kerby-McGowan and Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Last month, Brazil’s highest electoral court found that former President Jair Bolsonaro had abused his political power in the 2022 elections because of his conduct in a meeting with foreign ambassadors in Brasília in July 2022. For this violation of the country’s election laws, the electoral court banned Bolsonaro from seeking public office until 2030.  Lawfare Managing Editor Tyler McBrien sat down with Emilio Peluso Neder Meyer, Professor of Constitutional Law at the Federal University of Minas Gerais, Brazil, and Thomas Bustamante, Professor of Legal Theory at the Federal University of Minas Gerais, Brazil, to discuss Brazil’s search for accountability and justice in the aftermath of the coup attempt on Jan. 8, why the electoral court’s ruling was not so much a legal innovation as a mere application of existing laws, and the significance of President Lula’s decision not to rely on the military in his government’s response. They also discussed what’s next for Bolsonarismo.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The first phase of Israel's judicial overhaul is now law. Huge numbers of people are in the streets, reservists are resigning, the stock market is tanking, and Lawfare Editor-in-Chief Benjamin Wittes assembled an all-star panel to talk about it.Natan Sachs is the Director of the Center for Middle East Policy and a Senior Fellow in the Foreign Policy Program at the Brookings Institution. Amichai Cohen teaches international law and national security law at the Ono Academic College in Israel. And Yuval Shany is the Hersch Lauterpacht Chair in International Law and former Dean of the Law Faculty of the Hebrew University of Jerusalem. Cohen and Shany are the authors of a string of in-depth articles about the Israeli judicial revolution and the protests they have engendered (see their Lawfare articles here, here, here, here, here, and here). The four of them talked about what the substance of this new law is, what's coming next, whether this is the end of the reform sequence or just the first slice of salami, and about the incredible reaction we have seen from Israeli civil society and from opposition parties.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Former President Trump is facing criminal charges in Florida and New York, and indictments are reportedly likely in Fulton County, Georgia, and Washington, D.C. Two of these are in federal court; two of them are in state courts. Some have facts in common; some are seemingly unrelated. Trump is also involved in multiple civil litigations. And it looks like at least parts of these proceedings will be happening all at once. How does that work? Lawfare Executive Editor Natalie Orpett sat down with Brandon Fox, a partner at the law firm Jenner & Block and former Chief of the Criminal Division in the Central District of California, to talk through how it may all play out. They talked about the challenges Special Counsel Jack Smith’s office and state prosecutors will face, how Trump’s lawyers will leverage those challenges, and what judges are likely to do in response.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On July 12, the Justice Department appealed the sentences of seven Oath Keepers convicted for Jan. 6-related crimes. Five have been convicted of seditious conspiracy, and two others were convicted of conspiring to obstruct Congress. Lawfare Intern Gia Kokotakis sat down with Lawfare Senior Editor Roger Parloff, a former lawyer and expert on the Jan. 6 Oath Keepers prosecutions who directly observed the proceedings. They discussed who the defendants are, how their sentences were calculated, and the Justice Department's strategic motivations for filing the appeals.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, Alan, Quinta, and Scott got together to NOT talk about that ONE big story that's not quite ripe yet. (You know the one. It involves sandwiches.) But they did chat through some of the week's other big national security news, including:“Against the Grain.” Russia backed out of the Turkey-facilitated Black Sea Grain Initiative this past week, which had allowed much needed Ukrainian grain to arrive in markets, largely in the developing world. Now not only is that avenue cut off, but Russian forces are attacking grain facilities in Odessa, threatening the global food supply. How does this brutal act fit into Russia’s global strategy? And how should the United States and its allies respond?“It’s a War on War.” The culture war is now taking on actual war, as House Republicans have passed a National Defense Authorization Act (NDAA) laden with provisions that target Defense Department policies relating to abortion, DEI, and LGBTQ+ issues—measures that are certain not to make it through the Democrat-controlled Senate and may end up putting the annual bill at risk of not being passed at all. How big is the risk of such an impasse? What could it mean for U.S. national security?“Coups are Like Pancakes.” Earlier this week, the New York Times published a report about how former officials in the Trump administration are declaring the first Trump administration a mulligan and outlining plans to dramatically expand presidential power and purge the executive branch if and when Trump returns to the White House for a second time. How seriously should we take these proposals? And what would they mean for democracy if implemented?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From November 18, 2020: In the waning days of his administration, the president has attempted to install a political loyalist as General Counsel of the National Security Agency, a position that is traditionally a merits position, not a political position. He has also issued an executive order that gives the executive branch greater control over the civil service, making it easier to hire and fire people in agencies. It all raises the question: Is Donald Trump attempting to create the very deep state that he has spent the last four years denouncing? To talk over this question in its various permutations, Benjamin Wittes sat down with Susan Hennessey, who recently wrote an article about the NSA General Counsel appointment; Scott Anderson, Lawfare senior editor; and Rudy Mehrbani, senior advisor at Democracy Fund Voice, senior fellow at the Brennan Center for Justice, former assistant to the president and director of presidential personnel and former associate White House counsel in the Obama administration.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On June 16, the U.S. State Department discovered unauthorized access to its Exchange Online email services and reported it to Microsoft. Almost a month later, on July 11, Microsoft disclosed the attack, and attributed it to a China-based threat actor, which they call Storm-0558. The intrusion granted the hackers access to email accounts at the Commerce and State Departments, including Commerce Secretary Gina Raimondo, among other targets. Although no classified information was compromised, the cyber espionage campaign comes at a time of tension between the U.S. and China.To discuss the significance of the latest cyber espionage campaign, Lawfare’s Fellow in Technology Policy and Law, Eugenia Lostri, sat down with Asaf Lubin, Associate Professor of Law at Indiana University Maurer School of Law and a Visiting Professor at Columbia Law School. They talked about what different types of espionage campaigns tell us about tightening U.S.-China competition, how international law can address cyber espionage, and the options available for governments to respond to these type of incidents.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Gaming might seem far removed from national security, but Volko Ruhnke's experience proves otherwise. During his career as an intelligence analyst and manager, he designed and published many commercially successful historical board games that, in turn, informed his work. Additionally, he applied his skills in gaming to training intelligence officers.David Priess hosted Volko for a deep dive about board games that included discussion of various game types, the value of in-person vs. virtual gaming, Volko's intelligence career, his many published games, the use of cards in gameplay, the importance of honoring historicity while avoiding forced recreation of exact historical timelines, similarities between game design and intelligence questions, the collaborative nature of historical boardgaming, why military wargaming matters, complexity in intelligence analysis, games ranging from political coalition management to Polynesian exploration and from the suffrage movement in the early 1900s to the manipulation of public perceptions about the functionality of Machu Picchu, and much more.Among the works mentioned in this episode:Volko Ruhnke's page at GMT GamesThe Kevin McPartland-designed game Conquest of ParadiseThe Alison Collins-designed game Wiñay KawsayChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Noam Osband and Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.