The Lawfare Podcast

Today, we’re bringing you another episode of our Arbiters of Truth series on the online information ecosystem. Lawfare senior editor Quinta Jurecic spoke with Mark Bergen, a reporter for Bloomberg News and Businessweek, about his new book, “Like, Comment, Subscribe: Inside YouTube’s Chaotic Rise to World Domination.” YouTube is one of the largest and most influential social media platforms, but Bergen argues that it’s long been “criminally undercovered.” As he tells it, the story of YouTube has a great deal to tell us about the development of the modern attention economy, the promise and pitfalls of the internet, and the struggles of platforms to grapple with their own influence and responsibility. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

There's been a lot going on in Russia: a partial mobilization, protests, a mysterious explosion underwater along the Nord Stream pipelines, and most recently, the annexation of seized Ukrainian territory in a bizarre ceremony in Moscow. To go over it all, Benjamin Wittes sat down with Julia Ioffe, currently of Puck, and Alexander Vindman, Lawfare’s Pritzker Military Fellow and a former Eastern Europe and Russia specialist for the NSC. They talked about the explosions along the Nord Stream pipelines, the protests, the annexations, and the threat of nuclear escalation.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Every year, the eastern United States faces the prospect—and, too often, the reality—of major hurricanes that cause extensive physical and financial damage. This year is no exception; even as Hurricane Ian approaches the Gulf Coast, more storms are likely in the coming weeks.On this episode of Chatter, David Priess chatted with author Eric Jay Dolin about the history of Atlantic hurricanes, with a special focus on such storms' influence on U.S. national security. They spoke about the devastating 2017 hurricane season, how tropical systems are covered in the media, Ben Franklin's role in hurricane science, the role of Caribbean hurricanes in the American Revolution and the Spanish-American War, the evolution of the federal government's storm forecasting and crisis response efforts, hurricane hunter flights, attempts to use technology to disrupt massive storms, Hurricane Andrew (1992), the effects of climate change on tropical systems and their impact, viewing hurricanes as national security threats, how humans assess risk, and films about hurricanes.Chatter is a production of Lawfare and Goat Rodeo. This episode was produced 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.

From Monday, June 1, 2020: Journalist Bart Gellman is the author of the new book, "Dark Mirror: Edward Snowden and the American Surveillance State." Jack Goldsmith sat down with Gellman to discuss the book. They spoke about Gellman's reporting on the Snowden affair, the scope of the National Security Agency's surveillance capabilities, and press freedom as it relates to national security reporting.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In modern-day warfare, data is considered a weapons system, and the Russia-Ukraine armed conflict gives us some perspective into what warfare looks like in a data-rich, hyperconnected world. To talk about the pervasiveness of data in contemporary and future warfare, Lawfare senior editor Stephanie Pell sat down with Brigadier General Shane Reeves, the dean of the Academic Board at West Point, and Robert Lawless, assistant professor in the Department of Law at West Point, to discuss their new piece, “Data-Rich Battlefields and the Future LOAC,” or law of armed conflict. They talked about the growing importance for militaries to be able to exploit data on the battlefield, the deception arms race that is emerging in the modern battlefield, and some key ways in which data-rich battlefields are putting pressure on the law of armed conflict.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week marked the end of the 77th session of the UN General Assembly, an annual event that brings world leaders together in New York and often serves as both a forum for and a barometer of international politics. This year's session was particularly notable, both because it was the first in-person session since the onset of the global coronavirus pandemic and because it was the first session since what many see as the greatest crisis in the United Nations history: Russia's invasion of Ukraine. To learn more about what went down at the UNGA, Lawfare senior editor Scott R. Anderson sat down with Richard Gowan, the UN director for the International Crisis Group. They discussed how the Ukraine conflict shaped events at the session, how major powers like China and the United States responded, and what it might all mean for the future of both the conflict in Ukraine and the United Nations itself. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

For much of its history, the United States has had a single law on the books that governs when the president can deploy the military to enforce federal law within the United States: the Insurrection Act. While the act hasn't been invoked in decades, it played an important role in several recent controversies, including the acts of Jan. 6. Now, some scholars have written the Jan. 6 commission, urging that it be included in the broader set of reforms that committee is reportedly getting ready to endorse. To learn more, Lawfare senior editor Scott R. Anderson sat down with the two authors of the recent submission to the committee: Liza Goitein, senior director of the Liberty & National Security Program at the Brennan Center for Justice, and her colleague Joseph Nunn, counsel at the same program. They discussed the history of the Insurrection Act, what they think makes it dangerous, and how Congress should try to fix it.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In just under a week, on October 2, Brazil will hold the first round of its general election, which will determine the country's next president. To talk through all things Brazilian politics, Lawfare managing editor Tyler McBrien sat down with Brian Winter, editor-in-chief of Americas Quarterly and a journalist with over a decade of experience living and reporting across Latin America. They discussed the leading candidates, Jair Bolsonaro and Luiz Inácio Lula da Silva, the potential election crisis, and what's at stake as Brazilians head to the polls on Sunday. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Stewart Rhodes, the chieftain of the Oath Keepers, goes on trial this week for seditious conspiracy. The trial is expected to run about five weeks, with jury selection sort of already underway. The opening of the trial gives us a great opportunity to catch up with Lawfare senior editor Roger Parloff on the Oath Keepers, the chief defendant Stewart Rhodes, and the larger project of criminal accountability for the Jan. 6 riot and insurrection.Lawfare editor-in-chief Benjamin Wittes sat down with Roger to talk about the ever-mounting statistics of convictions and sentencing in Jan. 6-related matters. They talked about Stewart Rhodes: who he is and his weird journey from Yale Law School to conspiracy theorizing and violent uprisings. They talked about the specifics of the indictment. They talked about what makes Proud Boys different from Oath Keepers: who was the pointy end of the spear, and who was standing around waiting for the president to invoke the Insurrection Act? And they talked about the law under which this is taking place: the famed seditious conspiracy statute.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 went guestless to discuss the week’s big national security news, including:“Ne Me Quitte Pas.” The nearby island nation of Haiti is hitting new levels of instability, as paired economic and political crises have given way to open gang warfare in broad swathes of the country. While the events have some calling for external intervention, others have expressed major reservations with such a step, given its past failings in the country. Where might this crisis lead?“I’m Rubber, You’re Su(ing).” Last week, the Fifth Circuit released a real barn-burner of an opinion in the matter of NetChoice v. Paxton, wherein it adopted a narrow reading of the First Amendment in order to resurrect a Texas law severely limiting how social media platforms can moderate content. What will this case mean for platforms moving forward?“Flying Worst Class.” Florida Governor Ron Desantis became the latest Republican governor this week to fly undocumented migrants to northern cities in purported protest of the Biden administration’s immigration policies. But his move has sparked unexpected furor among Florida’s Cuban and Venezuelan immigrant communities—as well as at least one criminal investigation. What was he thinking and where will this controversy go next?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From July 15, 2020: We talk a lot about Chinese policy in Hong Kong, but there's another human rights crisis going on in China in the province of Xinjiang. It concerns the Turkic minority known as the Uighurs whom the Chinese government has been rounding up and putting in reeducation camps. It is an ugly story—one that the Chinese government has gone to great lengths to keep from international attention, with some degree of success. To walk us through the situation in Xinjiang, Benjamin Wittes spoke with Jessica Batke, a senior editor at ChinaFile; Darren Byler, a postdoctoral fellow at the University of Colorado at Boulder whose research focuses on Uighur dispossession; and Maya Wang, a senior China researcher for Human Rights Watch, who has written extensively on the use of biometrics, artificial intelligence and big data in mass surveillance in China.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Our Arbiters of Truth series on the online information ecosystem has been taking a bit of a hiatus—but we’re back! On today’s episode, we’re discussing the recent ruling by the U.S. Court of Appeals for the Fifth Circuit in NetChoice v. Paxton, upholding a Texas law that binds large social media platforms to certain transparency requirements and significantly limits their ability to moderate content. The decision is truly a wild ride—so unhinged that it’s difficult to figure out where First Amendment law in this area might go next.To discuss, Lawfare senior editor Quinta Jurecic sat down with fellow Lawfare senior editor Alan Rozenshtein and Alex Abdo, the litigation director at the Knight First Amendment Institute at Columbia University—who’s come on the podcast before to discuss the case. They tried to make sense of the Fifth Circuit’s ruling and chart out alternative possibilities for what good-faith jurisprudence on social media regulation might look like.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

There's enormous debate about how much social media platforms should be doing to moderate extremist content. But that debate often lacks nuance about the many different ways that platforms can moderate and that moderation is not an all or nothing proposition. Daniel Byman is a professor at Georgetown University's School of Foreign Service and Lawfare’s foreign policy editor. He recently published a paper for Lawfare’s ongoing Digital Social Contract Research Paper series in which he lays out the many different ways that platforms can and do moderate content. Lawfare senior editor Alan Rozenshtein spoke with Dan about his research and how it can inform not just more but better moderation.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

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. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Geoffrey Berman was the U.S. Attorney for the Southern District of New York in the Trump administration. He was appointed under peculiar circumstances, and he was fired under even more peculiar circumstances. He is now a partner at the law firm of Fried Frank, and he’s the author of the new book, “Holding the Line: Inside the Nation's Preeminent U.S. Attorney's Office and Its Battle with the Trump Justice Department.” He joined Benjamin Wittes to discuss the book’s shocking revelations of political interference in the Southern District's work by Bill Barr, by Donald Trump, and by others in the Justice Department. They also talked about the pattern of political interference, the relationship between it and more famous cases, the efforts by senior Justice Department officials to shift gears after the 2020 election, and whether this is a story of fragility in the U.S. Attorney's office or strength. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On September 15, Judge Aileen Cannon of the U.S. District Court for the Southern District of Florida issued two key rulings in the Mar-a-Lago documents case. She appointed Judge Raymond Dearie of the Eastern District of New York as the special master reviewing the documents and denied the Justice Department’s motion for a partial stay of her previous injunction barring the department from using the documents seized from Mar-a-Lago in its criminal investigation. The next day, Friday, September 16, the Justice Department appealed to the U.S. Court of Appeals for the Eleventh Circuit for a partial stay of the September 15 ruling.Lawfare senior editor Quinta Jurecic sat down for a live conversation on Twitter Spaces with Lawfare editor-in-chief Benjamin Wittes and senior editors Scott Anderson and Alan Rozenshtein to talk through Cannon’s latest ruling. They recorded before the Justice Department filed its appeal, but the conversation is a useful breakdown of Cannon’s somewhat off-the-wall orders. Namely: what, exactly, is this judge doing? And where is the case headed next?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Of all of the Central Intelligence Agency's activities, paramilitary operations might remain the least understood. This, in part, is both a cause and a consequence of inaccurate portrayals of such work in prominent movies; it's also because fewer memoirs come from the CIA's Special Activities Division than from traditional human intelligence collectors and from analysts.David Priess chatted with former CIA officer Ric Prado about the fiction and the reality of CIA paramilitary operations, including stories Ric tells in his book, “Black Ops: The Life of a CIA Shadow Warrior.” They spoke about what Hollywood gets wrong about intelligence work, Ric's escape as a child from Castro's Cuba, his path to a CIA career, differences between paramilitary operations and intelligence collection, his years of work with the Contras in Central America, the Counterterrorist Center (CTC) at CIA before and on 9/11, the work ethic in CTC after 9/11, why his book has substantial chunks of redacted text, and who he thinks played the best James Bond.Chatter is a production of Lawfare and Goat Rodeo. This episode was produced by David Priess with Cara Shillenn of Goat Rodeo, with additional editing by Cara Shillenn. 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.

From March 17, 2018: In 1963, John Feerick became a witness to and a framer of our constitutional history. Within two years of graduating from law school, Feerick had written an influential law review article on presidential disability and succession, joined the ABA’s blue-ribbon commission to create a solution to those problems, and became a confidant and an adviser to the members of Congress who wrote the 25th amendment.As many in the public wonder about the current president’s fitness, Matthew Kahn went up to Fordham Law School, where Feerick is now dean emeritus, for a conversation about the page of the constitution he helped write. They talked about how Dean Feerick got involved in the creation of the 25th amendment, how Congress settled on the scheme the amendment enshrines, where it still has gaps and ambiguity, and how political leadership and the public should understand it in modern times.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Ken Starr, the former federal judge and independent counsel who became famous for his investigation of President Bill Clinton, died this week on September 13 at age 76. Starr was a complex and controversial figure: after running the Whitewater and Lewinsky investigations, he went on to serve as president of Baylor University, only to resign over the mishandling of a sex abuse scandal involving the university’s football team, and he would later go on to defend President Trump in Trump’s first impeachment.To think through Starr’s legacy, Lawfare senior editor Quinta Jurecic spoke with Lawfare editor-in-chief Benjamin Wittes, who published a book on Starr, and Lawfare contributing editor Paul Rosenzweig, who worked with Starr on the Clinton investigation. They took a look back on the Starr investigation and how the probe shaped the culture and practice of presidential investigations in ways that are more relevant than ever in the Trump era.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Dmitri Alperovitch is the founder of the Silverado Policy Accelerator, a geopolitics think tank in Washington, and the impresario of the Geopolitics Decanted podcast. He joined Benjamin Wittes to talk through the Ukrainian offensive in Kharkiv Oblast last week. They discussed whether the Ukrainian retaking of large swaths of territory is a big deal, what’s going to come next, and if this is a prelude to a larger rout of Russian forces, to a negotiated settlement, or if something else is going to happen. They also talked about whether the Russians are running out of ammunition and people, or if the Ukrainian economy will collapse before victory.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Amid the war and instability in Afghanistan over the last two decades, the opium industry has seen explosive growth. In fact, Afghanistan accounts for the vast majority of the world's opium supply. The Taliban vowed to crack down on the production of illicit drugs, and in March, they issued a total ban on opium cultivation, which has stripped many rural Afghans of their livelihoods. But in the meantime, drug prices have been increasing, making the production and trafficking of methamphetamines even more profitable. To discuss the situation, former Lawfare associate editor Tia Sewell sat down with Rupert Stone, an independent journalist who recently published a piece with the Atlantic Council entitled, “Afghanistan’s Drug Trade is Booming Under Taliban Rule.” They discussed how Afghanistan's drug trade has evolved under the Taliban, the growing problems of addiction, and how the Taliban's rule has affected the export and trafficking of illicit drugs in the broader region.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Since his 1991 death, Rainer Sonntag has been remembered as a martyr by generations of neo-Nazis and other far-right activists, especially in his native Germany. Less discussed, however, is the fact that he was also a spy for the communist authorities of East Germany and their counterparts in the Soviet Union—and that a young KGB operative named Vladimir Putin played a prominent role in his rise to power. To learn more, Lawfare senior editor Scott R. Anderson sat down with Leigh Baldwin, the editor of SourceMaterial, and independent journalist Sean Williams, who co-authored a recent article on the relationship between Putin and Sonntag for The Atavist Magazine, entitled “Follow the Leader.” They discussed the relationship between communist intelligence agencies and far-right German movements, how those movements reacted to the reunification of Germany, and what Putin might have learned from his early dalliances with foreign far-right political movements. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Pakistan is experiencing one of the largest natural disasters in modern history. The massive floods there, combined with glacier melt, have led to one third of the country being submerged underwater with more than one million people displaced and tens of billions of dollars in damage.Lawfare publisher David Priess sat down with Erin Sikorsky, the director for the Center for Climate and Security, who has over a decade of experience previously in the U.S. intelligence community looking at issues like climate and security. They talked about the situation in Pakistan, its impact on the Pakistani military and security services, how the Pakistani military is being employed to help with flood relief, the impact on regional security and the ultimate impact on U.S. national security, and how we address climate change.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From January 25, 2022: In this bonus episode of Chatter, David Priess talks with professor and author Marita Sturken about 9/11-related memorials, museums, and architecture. Her research and writings have examined everything from visual culture to the connection between memory and consumerism, with much of her recent work addressing memory of the attacks on September 11, 2001, as both the battleground and the site for negotiations of national identity.In this conversation, they talked briefly about various historical memorials and the purposes of such work before comparing and contrasting the 9/11 memorials around the country and those at Ground Zero, next to the Pentagon, and in Somerset County, Pennsylvania. They also discussed controversies surrounding the National September 11 Memorial Museum (commonly called the "9/11 museum"), including those about its gift shop and about human remains currently in the facility.Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo.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 emeriti Ben Wittes and Shane Harris for a very special anniversary edition of Rational Security that pits their national security hot takes up against each other.Which of the following takes will the team find to be "too hot," which "undercooked," and which "just right"?Americans (and especially progressives) will regret reviving the prospect of disqualifying people under section 3 of the 14th Amendment.Over the next year, there will be a windfall of information regarding unidentified aerial phenomena, including some pointing to possible extraterrestrial origin.A President Ron Desantis won't be as dangerous as President Donald Trump.Russia's terminal decline presents one of the greatest threats to global security.American democracy will be saved by social conservative minorities voting for the Republican Party. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From September 3, 2020: This week on Lawfare's Arbiters of Truth series on disinformation, Evelyn Douek and Quinta Jurecic spoke with Alissa Starzak, the head of public policy at Cloudflare—a company that provides key components of the infrastructure that helps websites stay online. They talked about two high-profile incidents in which Cloudflare decided to pull its services from websites publishing or hosting extremist, violent content. In August 2017, after the white nationalist rally in Charlottesville, Cloudflare’s CEO Matthew Prince announced that he would no longer be providing service to the Neo-Nazi website the Daily Stormer. Two years later, Cloudflare also pulled service from the forum 8chan after the forum was linked to a string of violent attacks.They talked about what Cloudflare actually does and why blocking a website from using its services has such a big effect. They also discussed how Cloudflare—which isn’t a social media platform like Facebook or Twitter—thinks about its role in deciding what content should and shouldn’t stay up.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On August 25, the Defense Department released its long-awaited Civilian Harm Mitigation and Response Action Plan, something that human rights advocates have called on the Pentagon to do for the past 20 years. To discuss it, former Lawfare associate editor Tia Sewell sat down with Todd Huntley, a former JAG and current director of the National Security Law Program at Georgetown University Law Center, as well as Marc Garlasco, a former targeting professional and war crimes investigator who consulted on the plan. They talked about Todd’s and Marc’s respective Lawfare articles on the topic and how this new action plan improves the Pentagon's handling of civilian harm in war or not.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On August 23, the Washington Post published a story about a whistleblower complaint filed by Peiter Zatko, the former security lead and member of Twitter's executive team responsible for information security, privacy, physical security, and information technology. In the whistleblower complaint, Zatko describes extreme problems and deficiencies with the security, privacy, and integrity of Twitter's platform. The complaint also alleges that since 2011, Twitter's senior executives have engaged in making false and misleading statements to users and the Federal Trade Commission about Twitter's privacy, security, and integrity.Lawfare senior editor Stephanie Pell sat down with Justin Sherman, a fellow at the Atlantic Council’s Cyber Statecraft Initiative, to discuss some of the most interesting aspects of the complaint. They talked about some of the background leading up to the filing of the complaint, some of its most significant alleged privacy and security violations, and what to look for in the upcoming congressional hearing on the complaint.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Monday afternoon, a federal judge in Florida acceded to Donald Trump's motion to appoint a special master to review privilege claims arising out of the Mar-a-Lago search. The ruling was not a particular surprise given that the judge had foreshadowed that it was coming, but it shocked observers nonetheless on a number of different bases. The decision raised questions of how it would affect the Justice Department's ongoing investigation of document retention at Mar-a-Lago. Would the department appeal, would it seek a stay, and who could possibly serve as special master for such a task?Lawfare editor-in-chief Benjamin Wittes sat down before a live audience on Twitter Spaces with Lawfare executive editor Natalie Orpett, Lawfare contributing editor Jonathan Shaub, and Lawfare student contributor Anna Bower, who attended the hearing. They talked about whether the opinion is quite as outlandish as many commentators seem to think, about how the Justice Department would likely respond, and whether it could just let it stand. They also nominated their picks for special master and took questions from the audience. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Late last month, investigative journalists at Bellingcat and partner organizations published a story exposing the identity of a Russian spy named Maria Adela Kuhfeldt Rivera, who over the course of 10 years had charmed her way into the social circles of NATO members in Naples. Lawfare managing editor Tyler McBrien sat down with Christo Grozev, Bellingcat's lead Russia investigator, who walked us through this stranger-than-fiction spy thriller. They discussed how Maria Adela found herself courting NATO officers in Italy, how Bellingcat's team exposed the truth, often at great personal risk to themselves, and how this story can help us understand the state of Russian tradecraft. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Oleksandra Povoroznik is a (⁦@rynkrynk) is a Kyiv-based journalist, film critic and translator, who joins us to discuss the changing politics of language in Ukraine, as well as the country's defiant wartime culture and humor.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From September 24, 2020: Evelyn Douek and Quinta Jurecic spoke to Nina Jankowicz, a disinformation fellow at the Wilson Center, about her new book: “How to Lose the Information War: Russia, Fake News, and the Future of Conflict.” The book chronicles Nina’s journey around Europe, tracing down how information operations spearheaded by Russia have played out in countries in the former Soviet bloc, from Georgia to the Czech Republic. What do these case studies reveal about disinformation and how best to counter it—and how many of these lessons can be extrapolated to the United States? How should we understand the role of locals who get swept up in information operations, like the Americans who attended rallies in 2016 that were organized by a Russian troll farm? And what is an information war, anyway?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From February 15, 2014: 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. I 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.

In recent months, the country of Iraq has been living through the latest in a series of political crises as different factions have struggled for control of its governing institutions. Earlier this week, that tension broke out into the open as rioters occupied government office buildings and militias associated with other factions responded with violence.To learn more, Lawfare senior editor Scott R. Anderson sat down with Marsin Alshamary, a research fellow with the Middle East Initiative at the Harvard Kennedy School. They discussed the players involved in this latest crisis, what's led to this point, and where their conflict might go next. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On Tuesday night, running up against the 11:59 PM deadline, the Justice Department filed its 40-page motion opposing Donald Trump's request that a special master be appointed to oversee the handling of documents seized at Mar-a-Lago. To wade through that meaty document and its implications, Lawfare managing editor Tyler McBrien was joined by Lawfare editor-in-chief Benjamin Wittes, COO and publisher David Priess, and senior editors Quinta Jurecic and Scott R. Anderson for a special Twitter Spaces event in front of a live virtual audience. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In February 2020, police in the town of Rexburg, Idaho, uncovered evidence of what seemed like an unthinkable crime: two children murdered by one of their parents. The investigation that followed revealed not only more possible murders but also two alleged perpetrators possessed of a radical belief system that both justified their use of violence and shared common threads with the beliefs of numerous other members of their community. In her new book, “When the Moon Turns to Blood,” independent journalist Leah Sottile documents how this grizzly murder has its roots in religious and political movements that started more than a century earlier, and how it may have lessons to teach us on the unique forms of extremism that are well established in the American west and are beginning to play a more influential role on the national scene. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The era of the global internet offered opportunities for economic and political progress, but it has also afforded bad actors the opportunities to manipulate and leverage this interconnected system for the worse. Over the past decade, there has been an increase in internet shutdowns, ransomware, and cyberattacks, but despite these growing challenges, there's still an opportunity for collaboration around the preservation of an open internet. To understand what the current state of cyberspace is, Lawfare fellow in cybersecurity law Alvaro Marañon sat down with Adam Segal and former Rep. Will Hurd to discuss the Council on Foreign Relations’s latest task force report entitled, “Confronting Reality in Cyberspace: Foreign Policy for a Fragmented Internet.” Adam was project director for both the 2013 and 2022 task force, and Will was a member of the 2022 task force. They discussed how the cyberspace environment has changed from 2013 to now, the differences in attitudes and approaches between the two CFR reports, and what the United States needs to do to reverse this trend around fragmentation and to preserve the benefits of an open internet.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

“Cyberspace is the domain of modern warfare” is a popular headline in recent times. Recent state and non-state cyber attacks have given support to this notion, but beyond vague national cyber strategies and new cyber commands, not much is publicly known about a state’s military cyber capacity. To get a better understanding of the current state of militarization in cyberspace, Lawfare fellow in cybersecurity law Alvaro Marañon sat down with Max Smeets, senior researcher at the Center for Security Studies at ETH Zurich and the director of the European Cyber Conflict Research Initiative. They explored Max’s new book, “No Shortcuts: Why States Struggle to Develop a Military Cyber-Force.” They also discussed the barriers of entry for states to participate in cyber conflict, how we should go about thinking about military cyber capacity, and how external actors can influence a state’s cyber capability development process. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, a Quinta-less Alan and Scott were joined by host emeritus Benjamin Wittes to talk through the week's big national security stories, including:“Sometimes the Best Defense is a New Offensive.” With apparent U.S. support, Ukraine is bringing the fight to Crimea and other Russian-held areas—and perhaps to the streets of Moscow itself, where a well-known Russian nationalist’s car and daughter were detonated this past week. What are the risks of this new strategy? And how far will (or should) the United States go in its support?“The Enemy of my Frenemy is my…Enemenemy?” Former President Donald Trump’s endorsement appeared to hold significant (if not absolute) sway in several recent Republican primaries, where a number of election-denying candidates won—several with help from the DCCC, who supported them against more moderate opponents in hopes of having weaker competition in the general election. How might this strategy impact democratic norms and the rule of law?“Special Masters and the Don/Sub(tweet) Relationship.” As more problematic facts regarding former President Donald Trump’s possession of classified documents at his Mar-a-Lago estate come forward, his lawyers have put forward a novel argument seeking a special master to oversee what happens to the records recovered—one that hinges on Trump’s ability to assert executive privilege against the Executive Branch. What should we make of this argument and what does this case seem to mean for Trump's legacy moving forward?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

NASA next week plans to launch the first of several Artemis missions, which collectively aim to land astronauts on the Moon again for the first time in more than half a century, explore the lunar surface more extensively, and establish a long-term presence on the Moon. Controversy lingers over both the launch system selected for these missions and the next step of human spaceflight to Mars.This week on Chatter, David Priess spoke with science journalist Fraser Cain, publisher of Universe Today and co-host of Astronomy Cast, about why exploring the Moon matters, what to expect from the launch and voyage of Artemis-I, and the challenges of missions to Mars. They also chatted about international space competition vs. cooperation during the Cold War and now, NASA's rollout of initial images from the James Webb Space Telescope, space-based threats ranging from gamma ray bursts and rogue black holes to near-Earth objects and coronal mass ejections, Cain's evolution in communicating science both online and through podcasts, the downward spiral of engaging conspiracy theorists, frustrations with popular culture's association of unidentified aerial phenomena with "aliens," and the interaction of science fiction and real-world space exploration.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.

From October 8, 2016: Stephanie Leutert, the Mexico Security Initiative Fellow at the University of Texas at Austin and the author of Lawfare's "Beyond the Border" series, joined Benjamin Wittes on this week's podcast to talk about the epidemic of violence plaguing Mexico and Central America. Despite the brutality, extremity, and remarkable scale of the violence going on immediately to our south, those of us in the United States who work and think on national security issues rarely consider it to be relevant to national security. Why is that? How bad is the violence in these countries? What's causing the crisis, and the waves of migration it generates, in the first place? And what, if anything, can be done to stop it?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Back in March, a team of researchers published an article in Nature Machine Intelligence showing that a drug discovery company’s AI-powered molecule generator could have a dangerous dual use: The model could design thousands of new biochemical weapons in a matter of hours that were equally as toxic as, if not more toxic than, the nerve agent VX. Lawfare associate editor Tia Sewell sat down with two of the paper’s authors: Dr. Filippa Lentzos, senior lecturer in science & international security at the Department of War Studies at King’s College London, and Dr. Sean Ekins, CEO of Collaborations Pharmaceuticals. They discussed the story of their discovery and their reaction to it, as well as how we should think about dual-use artificial intelligence threats more broadly as new technologies expand the potential for malicious use. They also got into why governments need to work more proactively to address the challenges of regulating machine learning software.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

While everyone's eyes have been on Mar-a-Lago, there has also been a lot going on with the Jan. 6 investigation: cases going to trial, major sentencing developments, and some people getting real time. We have some new data on which cases are resulting in convictions and which ones in acquittals, a bunch of defendants have been trying to get their cases moved out of Washington, D.C. altogether, and there have been developments in litigation under Section 3 of the 14th Amendment, the disqualification provision. To go over it all, Benjamin Wittes sat down with Lawfare senior editor Roger Parloff. They talked through the recent sentences, the escalating numbers, whether the Justice Department may have hit a ceiling, and more.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

One year ago this month, the last American troops withdrew from Afghanistan, marking the end of a 20-year war. To reflect on those two decades, Lawfare managing editor Tyler McBrien sat down with Elliot Ackerman, author of the new book, “The Fifth Act: America's End in Afghanistan.” They discussed Elliot's personal involvement in the struggle to get Afghan allies out of Kabul a year ago, as well as his time in Afghanistan, first as a Marine and then as a CIA officer. Drawing on firsthand experience, Elliot spoke about what it means to win or lose a war and some of the reasons why this war was a debacle for Americans and a tragedy for Afghans.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In 2014, as Islamic State insurgents took control of the Iraqi city of Mosul, President Barack Obama made the decision to send troops back to Iraq. Within five years, through the work of the United States and its partners, the organization was largely dismantled. What was the nature of the U.S. struggle against the Islamic State? Which decisions were instrumental to its success? And how did the U.S. coordinate with partners in the region. To discuss these issues, former Lawfare associate editor Bryce Klehm spoke with Michael Gordon, a national security correspondent for the Wall Street Journal, about his new book, “Degrade and Destroy,” Gordon's fourth book on Iraq. They covered a range of topics, including the status of forces agreement, or SOFA, the Trump administration's counter-Islamic State strategy, and the challenges for journalists embedding with coalition forces. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

One of the last decisions that the Supreme Court handed down this year was Torres v. Texas Department of Public Safety. Le Roy Torres, an Iraq war veteran and Texas state trooper, sued the state of Texas after he was denied an employment accommodation for injuries he sustained while on duty. The question in the case was whether the federal law that Torres sued under could subject states themselves to legal liability. In other words, as a constitutional matter, can Congress, when legislating under its war powers, limit the normal sovereign immunity that state governments enjoy? This is an important question, not just for veterans who want to vindicate their rights, but also more broadly because Congress's war powers are some of the broadest and most consequential that the federal government possesses.Lawfare senior editor Alan Rozenshtein talked through these issues with Andrew Tutt, a lawyer at the law firm of Arnold & Porter, who argued and won the case on behalf of Torres before the Supreme Court. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Gone with the Wind—the top-grossing movie of all time, adjusted for inflation—remains an iconic influence in American culture, despite its deeply troubling portrayal of social and political dynamics in the South during and after the Civil War. The continued popularity of the film points to a need to examine its influence on nearly a century's worth of American race relations, fascistic movements, and denialism in the United States. And why did Adolf Hitler reportedly love it so much?In this cross-post of Chatter, David Priess spoke with cultural and literary historian Sarah Churchwell of the University of London, author of “The Wrath To Come,” a book that dives deeply into the film, how it reflects a mythologized "Lost Cause" version of the Old South, and its connection with today's increasing political violence. They discuss the popularity of the movie, its differences from the book it was based on, some of the challenges for filmmaker David O. Selznick and for the film's actors, the "Lost Cause" theme that the movie conveys, its intersection with fascist thinking in America and with modern racism, why it attracted Adolf Hitler and other Nazi leaders, its links to various iterations of the Klan and "America First" campaigns, and how even disturbing movies like this can spur social progress.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 this cross-post of Rational Security, Alan, Quinta, and Scott were joined by their fellow Lawfare senior editor Molly Reynolds to talk through a week of big national security news stories, including:“Regrets? I’ve had a few.” One year has passed since the chaotic U.S. exit from Afghanistan, which triggered the collapse of the U.S.-backed government and the return to power of the Taliban. What have we learned from this experience? And how should it inform U.S. engagement with Afghanistan moving forward? “Half-Truths and Reconciliation.” Democrats in Congress have scored a huge climate win in the form of the somewhat strangely named Inflation Reduction Act, which passed both chambers by the slimmest of margins through a special procedure known as reconciliation that bypasses the supermajority requirement that the Senate usually operates under thanks to the filibuster. How big a deal is this? And is it a model that other policy proposals can follow? “Déclassé.” While the Justice Department weighs whether to release more documents regarding its search of Mar-a-Lago, former President Trump has offered a new explanation as to why he had so many classified documents in a storage unit there: he’d had a standing order to declassify whatever classified records he wanted to bring home with him. What is the latest in the investigation and where does it seem to be headed? Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From March 19, 2019: Demographic, technological, and geostrategic developments are disrupting the electoral landscape in sub-Saharan Africa. How do these shifts affect the political climate for democracy and participation across Africa? What have recent elections in Nigeria illustrated about these? And what about the clash between China and the United States in Africa?To explore these questions, David Priess spoke with Judd Devermont, director of the Africa program at the Center for Strategic and International Studies, host of the Into Africa podcast, and former national intelligence officer for Africa from 2015 to 2018.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

What is the nature and timescale of U.S. geopolitical competition with China? Which country is stronger in the near term and long term? And what will the answers to these questions mean for Chinese military and political activities over the next 10 years?Matt Gluck sat down with Hal Brands, the Henry A. Kissinger Distinguished Professor of Global Affairs at the Johns Hopkins School of Advanced International Studies, and Michael Beckley, an associate professor of political science at Tufts University, to discuss their new book, “Danger Zone: The Coming Conflict with China.” They discussed the authors’ argument that China is structurally far weaker than people think, but that this weakness makes China more likely to act aggressively over the next several years. They also discussed the implications of this argument for U.S. policy and to what extent international initiatives that are already underway are responsive to this near-term threat.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.