The Lawfare Podcast

General John Baker served until December as the chief defense council at the military commissions. The military commissions’ prosecutors and defense lawyers are in conversations now about a possible plea deal to resolve the 9/11 case once and for all—that's the case of Khalid Sheikh Mohammed, Ramzi Binalshibh and three others of their al-Qaeda co-conspirators. It has been hanging around in the military commissions for more than a dozen years, and until the other day, it showed no sign of coming to a close. Trial is still some time away, and appeals will take years more than that, but the current round of plea negotiations promises a potential way out—removing the death penalty from the table in exchange for guilty pleas and presumably life sentences. Benjamin Wittes sat down with General Baker to talk about his history at the military commissions, why the process has gotten so bogged down and the promise of the current negotiations. Are they different from earlier rounds, or is this another fit and start before policymakers fail to take the leap?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Alex Finley is a former officer of the CIA's Directorate of Operations, who now is a novelist and a writer. Most recently, though, Alex has taken up a different task. She is the leader of #YachtWatch, an effort to track down and monitor the movements of massive yachts belonging to Russian oligarchs. #YachtWatch has become a popular way of following and staying engaged with the fallout from the Russian invasion of Ukraine. Jacob Schulz spoke with Alex about #YachtWatch, how she conducts the project and what its value is in an oversaturated media ecosystem.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From February 8, 2020: Russia continues to sporadically poke its head into American media headlines, whether it be for its role in Syria or for anxieties about fresh election interference in 2020. But these news stories seldom provide a window into life in Putin’s Russia. Jacob Schulz sat down with Joshua Yaffa, the Moscow correspondent for the New Yorker, to talk about his new book, "Between Two Fires: Truth, Ambition, and Compromise in Putin’s Russia." The book gives a series of portraits of prominent figures within Putin’s Russia and details the compromises they make to maintain their status and goodwill with the Kremlin. They talked about this framework as a way to understand Russia, what Putin’s rule looks like on the peripheries of the country, and about a couple of the fascinating characters that animate the book.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

We're bringing you the second episode of Lawfare’s new narrative series, The Aftermath, which deals specifically with the early phases of the criminal investigation launched by the FBI, even as the perpetrators of the riot were heading home. The episode features interviews with former FBI and Justice Department official Chuck Rosenberg, New York Times reporter Katie Benner, and Seamus Hughes of the George Washington University Program on Extremism. The episode tells the story of how the investigation got started, the challenges investigators faced in a nationwide manhunt featuring thousands of suspects and perpetrators, and the internal struggle that had just taken place within the Justice Department itself.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In the aftermath of the Jan. 6 Capitol riot, one of the groups receiving the most attention for its participation in the insurrection on the Hill was the Oath Keepers, a right-wing extremist group that's been in existence since 2009 but has taken on an increased public profile since the riot last year. In early January, the group’s leader, Stewart Rhodes, along with 10 others, was indicted in U.S. federal court for seditious conspiracy in connection with the Capitol breach. To discuss the group, its history, and its role on Jan. 6, Jacob Schulz sat down with Sam Jackson, an assistant professor at the University of Albany and the author of a 2020 book about the Oath Keepers and their ideology.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Open-source investigations—sometimes referred to as OSINT, or open-source intelligence—have been crucial to public understanding of the Russian invasion of Ukraine. An enormous number of researchers have devoted their time to sifting through social media posts, satellite images, and even Google Maps to track what’s happening in Ukraine and debunk false claims about the conflict. This week on Arbiters of Truth, our series on the online information ecosystem, we devoted the show to understanding how open-source investigations work and why they’re important. Evelyn Douek and Quinta Jurecic spoke to Nick Waters, the lead on Justice and Accountability at Bellingcat, one of the most prominent groups devoted to conducting these types of investigations. They talked about the crucial role played by open-source investigators in documenting the conflict in Syria—well before the war in Ukraine—and how the field has developed since its origins in the Arab Spring and the start of the Syrian Civil War. And Nick walked us through the mechanics of how open-source investigations actually happen, and how social media platforms have helped—and hindered—that work.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Alexander Stubb is the former prime minister, foreign minister and finance minister of Finland. Back in 2008, after the Russian invasion of Georgia, he worked on the ceasefire between Russia and Georgia, giving him a valuable perspective on much of what's going on today. He sat down with David Priess for a conversation covering his experience negotiating that ceasefire in 2008, his experienced impressions of Vladimir Putin and Sergey Lavrov, the differences between this Russian action in Ukraine now and its previous aggressions, and what it all means for European unity and for Finland's place in NATO.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's been an eventful week in the department of criminal cases arising out of Jan. 6. We had the first jury verdict convicting an alleged 1/6 perpetrator, an Oath Keeper guilty plea for seditious conspiracy, the indictment of the head of the Proud Boys, and a judge rejecting the lead charge the government has used in a whole lot of criminal cases arising out of the Capitol insurrection. To catch up, Benjamin Wittes sat down with Roger Parloff, who has been covering 1/6 criminal matters for Lawfare. They talked about the news of the last couple of weeks, focusing particularly on Judge Carl Nichols’s controversial ruling about the availability of an obstruction prosecution to the government.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Russia's war of aggression in Ukraine has undermined some of the fundamental assumptions underlying the security of Europe through much of the post-World War II era. As a result, several European nations have begun to consider dramatic changes in how they approach national security, both individually and collectively.To better understand how the war in Ukraine is reshaping the European security order, Scott R. Anderson sat down with two of his colleagues from the Brookings Institution: Célia Belin, a visiting fellow at Brookings and a former official in the French Ministry of Foreign Affairs, and Constanze Stelzenmüller, the Fritz Stern Chair on Germany and trans-Atlantic Relations in the Center on the United States and Europe.They discussed how the Ukraine conflict is reshaping Europe's approach to security affairs, what this means for institutions like the European Union and NATO, and how these changes are likely to impact the fundamental debate over what it means to be a part of Europe. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From February 18, 2020: In what ways did American foreign policy fail to capitalize on victory in the Cold War? Andrew Bacevich, professor emeritus at Boston University and co-founder and president of the Quincy Institute for Responsible Statecraft, tackles that question and more in "The Age of Illusions: How America Squandered Its Cold War Victory." Jack Goldsmith sat down with Professor Bacevich to talk about his new book. The pair discussed the establishment consensus on American foreign policy, the state of civil-military relations, and the mission of the newly founded Quincy Institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From November 20, 2020: Lt. Col. Alexander Vindman (Ret.) is the Pritzker Military Fellow at the Lawfare Institute. You've heard his story, likely in his testimony in the impeachment proceedings for President Trump. But Benjamin Wittes sat down with him for a different reason—his substantive expertise in Eastern Europe policy, Russia matters and great power competition. They talked about the challenges the Biden administration will face as it tries to pick up the pieces the Trump administration has left it, how democracies can hang together and harden themselves against attacks from authoritarian regimes, what a good Russia policy looks like, how China fits in and how we can rebuild traditional American alliances.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

As the war in Ukraine grinds into its third week, conditions on the ground have grown increasingly brutal. While Ukrainian forces have proven remarkably successful at repelling the Russian advance so far, Russian forces have continued to make slow and steady progress into the country, with no clear resolution in sight. To get a sense of the state of the conflict and where it might be headed, Scott R. Anderson sat down with Michael Kofman, director of the Russia Studies Program at CNA and a leading analyst on the Ukraine conflict. They talked about what's gone wrong for Russia so far, how Western assistance is empowering the Ukrainians and how both sides are likely to adapt as the conflict enters its next stage.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

As Russia’s brutal war in Ukraine continues, tech platforms like Facebook and Twitter have been key geopolitical players in the conflict. The Kremlin has banned those platforms and others as part of a sharp clampdown on freedoms within Russia. Meanwhile, these companies must decide what to do with state-funded Russian propaganda outlets like RT and Sputnik that have accounts on their platforms—and how best to moderate the flood of information, some of it gruesome or untrue, that’s appearing as users share material about the war.This week on Arbiters of Truth, our podcast series on the online information ecosystem, Evelyn Douek and Quinta Jurecic spoke with Alex Stamos, director of the Stanford Internet Observatory. They discussed how various platforms, from Twitter to TikTok and Telegram, are moderating the content coming out of Russia and Ukraine right now; the costs and benefits of Western companies pulling operations out of Russia during a period of increasing crackdown; and how the events of the last few weeks might shape our thinking about the nature and power of information operations.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

You may think you know all that you need to about the Watergate scandal, its origins, its evolution and its implications. But there has been a lot of new information in the last couple of decades that is simply not in earlier full histories of the scandal. Journalist and popular historian Garrett Graff has written a new history of Watergate called, “Watergate: A New History,” the first overall picture of Watergate in quite some time. David Priess sat down with Garrett to talk about the contours of the Watergate scandal, and in particular, about some of its national security and foreign policy episodes. They discussed the evolution of Nixon's thinking involving the tapes that he recorded of his White House conversations, the extraordinary order that the Secretary of Defense gave during the height of the scandal to warn soldiers about following the commander-in-chief's orders, and more.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Kateryna is a fourth-year law student at a university in Kharkiv, Ukraine—at least she was until a few days ago. That's when the Russian army came in and started bombarding the town she grew up in and studies in. Benjamin Wittes spoke with her recently about life as a Russian-speaking Ukrainian in Kharkiv before and after the invasion, about getting out of town, and about being a refugee law student in an adjacent country.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The Russian invasion of Ukraine continues full blast with a great deal of brutality, a great deal of destruction and indeterminate levels of success. To talk about it, Benjamin Wittes sat down on Lawfare Live with Alina Polyakova of the Center for European Policy Analysis; Toomas Ilves, the former president of Estonia; Dmitri Alperovitch, the head of the Silverado Policy Accelerator; Alex Vindman, the Pritzker Military Fellow at the Lawfare Institute; and Lawfare’s Dominic Bustillos. They talked about how the Russian incursion is going, whether the Russians are succeeding or falling short, how firm the the European opposition is and how debilitating it is to the Russian economy.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From December 9, 2017: When the Department of Justice required RT, the Russian-funded news outlet, to register as a foreign agent last month, the Russian government responded in kind. Yet the Kremlin's recent crackdown on Western media is just part of a longer history of stifling independent media in Russia. For this episode of the Lawfare Podcast's special Russia series, Alina Polyakova talked to Mikhail Zygar, a Russian independent journalist, filmmaker, and author of two books on the Kremlin’s elite circle. They discussed what it’s like to be an independent journalist in Russia today, why Putin may be far from a strategic mastermind, and much more.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.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Over the past two decades, much of the public's attention has been focused on private markets for individual data, but another equally invasive and expansive market has emerged during this time. The public sector, composed of the federal government, states and cities, have created a substantially and rapidly expanding inter-governmental marketplace in individual data. It is used in areas ranging from policing and immigration, to public health and housing. But this exchange around individual data brings about serious concerns for both privacy and federalism. Alvaro Marañon sat down with Bridget Fahey, a law professor at the University of Chicago Law School, to discuss her new law review article, “Data Federalism.” They go into detail about the hybrid structures governing these exchanges of individual data, the risk and protections afforded by existing federalism principles and doctrines, and how and why data is power.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Almost immediately since he was banned from Twitter and Facebook in January 2021, Donald Trump has been promising the launch of a new, Trump-run platform to share his thoughts with the world. In February 2022, that network—Truth Social—finally launched. But it’s been a debacle from start to finish, with a lengthy waitlist and a glitchy website that awaits users who finally make it online. Drew Harwell, who covers technology at the Washington Post, has been reporting on the less-than-smooth launch of Truth Social. This week on Arbiters of Truth, our podcast series on the online information ecosystem, Evelyn Douek and Quinta Jurecic spoke with him about who, exactly, this platform is for and who is running it. What explains the glitchy rollout? What’s the business plan … if there is one? And how does the platform fit into the ever-expanding universe of alternative social media sites for right-wing users?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

For the past two decades, there has been an epidemic of data breaches, from Target, to Home Depot, to Equifax, to Uber, just to name a few. In their new book, “Breached! Why Data Security Law Fails and How to Improve It,” Daniel Solove, the John Marshall Harlan Research Professor of Law at the George Washington University Law School, and Woodrow Hartzog, Professor of Law and Computer Science at Northeastern University, tell us why current data security law fails and how we can improve it. Stephanie Pell spoke with Dan and Woody about a number of issues they raise in their book, including how current data security law overemphasizes the conduct of breached entities and fails to distribute responsibility among a range of actors in the data ecosystem that contributes to the data breach. They also talked about their ideas for more proactive data security laws that work to reduce the harm caused by data breaches once they occur, encourage greater integration of privacy and security principles, and promote data security rules and practices designed with humans in mind. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Over the past week, the United States and its allies have responded to Russia's military invasion of Ukraine with some unprecedented actions of their own—economic sanctions that target Russia in ways that have never been tried before, let alone applied to one of the world's largest economies over just a handful of days.To discuss this revolutionary sanctions strategy and what it may mean moving forward, Scott R. Anderson sat down with two sanctions experts: Julia Friedlander, senior fellow at the Atlantic Council, and Rachel Ziemba, adjunct fellow at the Center for a New American Security. They talked about the different types of sanctions being applied, what impact they will have on the Russian economy and what the consequences may be, not just for the conflict in Ukraine, but for the rest of the world moving forward. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In the national security world, including on Lawfare, a lot of attention gets paid to China's tech sector and other parts of its economy. Comparatively less attention is paid to China's illicit economies, illegal trade involving China and other countries around the world. But China has been involved in numerous acts of transnational criminal activity with occasionally lax enforcement, and there's a new series of Brookings papers and blog posts about this very subject. To talk it through. Jacob Schulz sat down with Vanda Felbab-Brown, the director of the Initiative on Nonstate Armed Actors and a senior fellow in the Foreign Policy program at Brookings, and Madiha Afzal, a fellow in the Foreign Policy program at Brookings. They talked through the project and papers that each of them have written on the subject, including one on illegal wildlife trafficking, one on narcotic precursor trafficking and one on human trafficking.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From October 31, 2015: Perhaps you’ve heard, but tensions between the United States and Russia are heating up. With Putin upping the ante in Syria, Marvin Kalb, journalist, scholar, and a nonresident senior fellow in Foreign Policy at Brookings, came to Brookings to launch his new book that looks at the Russian leader’s last foray into another country. Entitled, Imperial Gamble: Putin, Ukraine, and the New Cold War. Putin’s recent actions in Crimea, eastern Ukraine and, more recently, in Syria have provoked a sharp deterioration in East-West relations. Is this the beginning of a new Cold War, or is Putin just wearing the costume of a prizefighter?Joining the discussion were Thomas Friedman of the New York Times and Nina Khrushcheva, a professor at The New School. Brookings President Strobe Talbott provided introductory remarks while Martin Indyk, Executive Vice President of Brookings moderated the conversation.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From November 27, 2018: This week, Russia and Ukraine went at it in the Kerch Strait, which separates the Black Sea from the Sea of Azov. It's the latest salvo in Russia's secret (not-so-secret) war against Ukraine and its eastern provinces, and it's the latest thing that has the world talking about Vladimir Putin's lawlessness in his back yard.To understand it all, Benjamin Wittes spoke with Alina Polyakova and Scott Anderson. They talked about what happened this week, the international law implications, and the domestic politics in both Ukraine and Russia.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Bryce Klehm sat down with Matthieu Aikins, a Canadian journalist and the author of the new book, “The Naked Don't Fear the Water: An Underground Journey with Afghan Refugees.” The book details Matthieu’s undercover journey from Afghanistan to Europe. He made the trip with his translator, Omar, who had been denied a special immigrant visa despite having been a translator for coalition forces in Afghanistan. Following his visa denial, Omar decided to flee as a refugee, and Matthieu decided to join him for the journey. Matthieu and Bryce talked about a range of topics, including Matthieu and Omar's journey and the politics of migration in Europe.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Over the last several weeks, Russian aggression toward Ukraine has escalated dramatically. Russian President Vladimir Putin announced on Feb. 21 that Russia would recognize the sovereignty of two breakaway regions in Ukraine’s east, Donetsk and Luhansk, whose years-long effort to secede from Ukraine has been engineered by Russia. Russian troops have entered eastern Ukraine as supposed “peacekeepers,” and the Russian military has taken up positions along a broad stretch of Ukraine’s border.Along with the military dimensions of the crisis, there’s also the question of how various actors are using information to provoke or defuse violence. Russia has been spreading disinformation about supposed violence against ethnic Russians in Ukraine. The United States and its Western partners, meanwhile, have been releasing intelligence about Russia’s plans—and about Russian disinformation—at a rapid and maybe even unprecedented clip.So today on Arbiters of Truth, our series on the online information ecosystem, we’re bringing you an episode about the role of truth and falsehoods in the Russian attack on Ukraine. Evelyn Douek and Quinta Jurecic spoke with Olga Lautman, a non-resident senior fellow at the Center for European Policy Analysis—who has been tracking Russian disinformation in Ukraine—and Shane Harris, a reporter at the Washington Post—who has been reporting on the crisis.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Vladimir Putin has recognized two separatist regions in Ukraine, he has sent Russian troops as so-called peacekeepers to defend them, and all of this seems to be presaging a wider war in Ukraine. The United States and lots of other countries have announced sanctions, and it’s all heating up very fast.To talk it all through, Benjamin Wittes sat down with Alex Vindman, Pritzker Military Fellow at Lawfare, and Lawfare, senior editor Scott R. Anderson. What is Vladimir Putin doing? What can we expect militarily? Why did he go through this Byzantine process of recognizing these two non-states? Are we expecting a wider conflict or a narrow one, and what do the prospects look like for either? And will the international community hang together?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Last week, the Michael V. Hayden Center for Intelligence, Policy, and International Security and Lawfare hosted an event with Amy Zegart, a professor at Stanford University and one of the leading academic analysts of the intelligence community, to talk about her new book, “Spies, Lies, and Algorithms.”David Priess hosted her for this live recording of the podcast, and they talked about intelligence education, about problems with the current structure of congressional oversight of the intelligence community, about the public role of intelligence in the crisis with Russia and Ukraine, about the growing role of open source information in intelligence, and much more.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Happy Presidents' Day! To mark the day, Lawfare publisher David Priess recorded a special episode of Chatter with historian and author Lindsay Chervinsky, who discusses the history of this odd holiday—and the legacy of the first president, George Washington.Chatter is Lawfare’s weekly long form interview podcast co-hosted by the Washington Post's Shane Harris and Lawfare’s David Priess, focusing on where intriguing ideas in culture, technology, entertainment and history intersect with the worlds of espionage and foreign affairs. Subscribe to Chatter on your favorite podcast platform and follow us on Twitter at @ThatWasChatter.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From November 1, 2017: Stalin’s 1929 agricultural collectivization policy, which catalyzed the most lethal famine in European history, left millions of Ukrainian peasants dead. Pulitzer Prize-winning author and journalist Anne Applebaum recently published a book on this famine and the horrors of Stalin’s agricultural collectivization in Ukraine, revealing the more insidious intent behind the Soviet Union’s policy and enforcement. Last week, Benjamin Wittes interviewed Applebaum on her new book, Red Famine: Stalin’s War on Ukraine, to discuss the scope of the book, the devastating impact of Stalin’s policy on Ukraine’s peasant population, and the book’s relevance to Putin’s current agenda.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From November 12, 2017: Matters Russia have been prevalent in U.S. politics since news of the Kremlin’s meddling in the 2016 elections first surfaced. It's time to pay some serious attention to the Russian surveillance apparatus. Andrei Soldatov, a Russian investigative journalist and co-author of the book, “The Red Web,” brings a unique interpretation of the Kremlin’s actions as an independent reporter in the very country Americans find so confusing. Special guest host Alina Polyakova, David M. Rubenstein fellow in Brookings’s Foreign Policy Program, interviewed Soldatov last week to discuss Russia’s perspective on the 2016 election meddling, the Kremlin’s surveillance operations, Edward Snowden, and much more.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Madison Cawthorn is a Republican congressman from North Carolina. His candidacy for reelection is the subject of challenge under Section 3 of the 14th Amendment—the part that says that people who engage in insurrection are disqualified from holding future office under the Constitution.Roger Parloff has written a lengthy article on Lawfare on the Cawthorn case, entitled “Can Madison Cawthorn Be Blocked From the North Carolina Ballot as an Insurrectionist?” He joined Benjamin Wittes to discuss the various ins and outs of this case, what constitutes an insurrection for purposes of the section, what Madison Cawthorn did, why he—of all members of Congress—is the one who is being subjected to this challenge, and who gets to decide who gets disqualified.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Brandon Silverman is a former Facebook executive and founder of the data analytics tool CrowdTangle. Brandon joined Facebook in 2016 after the company acquired CrowdTangle, a startup designed to provide insight into what content is performing well on Facebook and Instagram, and he left in October 2021, in the midst of a debate over how much information the company should make public about its platform. As the New York Times described it, CrowdTangle “had increasingly become an irritant” to Facebook’s leadership “as it revealed the extent to which Facebook users engaged with hyperpartisan right-wing politics and misleading health information.”This week on Arbiters of Truth, our series on the online information ecosystem, Evelyn Douek and Quinta Jurecic spoke with Brandon about what we mean when we talk about transparency from social media platforms and why that transparency matters. They also discussed his work with the Congress and other regulators to advise on what legislation ensuring more openness from platforms would look like—and why it’s so hard to draft regulation that works.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Rep. Jamie Raskin of Maryland has been one of the most prominent voices in Congress speaking about Jan. 6 and the aftermath of the insurrection. He has a uniquely personal relationship with the violence that day: he lost his son shortly before the riot, and went on to serve both as an impeachment manager prosecuting the second impeachment of Donald Trump, and as a member of the House select committee on Jan. 6, on which he still sits. On February 15, the Brookings Institution welcomed Representative Raskin to discuss his new book, “Unthinkable: Trauma, Truth, and the Trials of American Democracy.” For this special episode of the Lawfare Podcast, we’re bringing you audio of the event. First, you’ll hear Brookings President John R. Allen in conversation with Rep. Raskin. Then, you’ll hear a panel of Brookings scholars discuss Jan. 6 and Rep. Raskin’s reflections. Brookings senior fellow Sarah Binder moderated a discussion with Brookings senior fellows Fiona Hill, Rashawn Ray, Molly Reynolds, and Brookings fellow Quinta Jurecic. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The Biden administration on Friday notified a court of a novel proposal to dispose of $7 billion in frozen Afghanistan assets, producing some pretty confusing media and a lot of anger. To try to unpack it, Benjamin Wittes sat down with Alex Zerden, the founder and principal of Capitol Peak Strategies and the former lead of the Treasury Department's office at the U.S.-Kabul embassy, and Lawfare senior editor Scott R. Anderson. They talked about what the Biden administration did and its executive order on Friday, how the media subtly got it wrong, what the implications are for pending litigation and for providing relief to the Afghan people, and whether the administration has successfully threaded a needle.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Today on Lawfare, we’re publishing a piece by our editor-in-chief Benjamin Wittes and Lawfare senior editor Quinta Jurecic that revisits the Mueller report. Why? Because as of today, the statutes of limitations on potential obstruction charges against Donald Trump are beginning to expire.Trump's attorney general declined to prosecute, but we have heard nothing from the current Department of Justice about what, if anything, it is thinking about potential obstruction charges against the now former president. Natalie Orpett sat down with Ben and Quinta to talk about why that may be, what could be going on inside DOJ, and what we can expect from Attorney General Garland.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From January 16, 2016: Last week, we hated on bitcoin. This week we give it some love. This week, Brookings hosted a discussion on Bitcoin and the technology that undergirds the currency, specifically focusing on the promise of the distributed-ledger. The panel featured David Wessel, Michael Barr, Brad Peterson, Barry Silbert, and Margaret Liu, on how the blockchain could revolutionize payment flows and reduce the cost of financial transactions, all while securing information and enhancing privacy. They also tackle some of the most pressing policy questions facing the technology—from consumer protection to terrorists' finances—and how those tensions can be addressed.It's a relatively positive take on Bitcoin and its future potential and an argument for why you should buy back your Bitcoin if you sold it after last week's show featuring Lawfare's Bitcoin skeptic, Nick Weaver.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From January 9, 2016: This week we have Nick Weaver on the show. Nick's a regular Lawfare contributor, senior staff researcher at the International Computer Science Institute in Berkeley, California, and as you’ll see, quite the Bitcoin skeptic. Nick walks Ben through what exactly Bitcoin is, answering whether the platform is really a financial opportunity of historic proportions, the massive criminal problem law enforcement officials have suggested, or something else entirely: a waste of everyone's time and money. He also outlines some of the design flaws he sees in Bitcoin and why those flaws, which many in the Bitcoin community view as important features, will actually lead to the platform’s eventual downfall.It’s a discussion of Ponzi schemes, the limits of the blockchain, and the future of international currency transactions.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Over the past few weeks, Canada has been living through its own insurrectionary moment, as a series of trucker convoys have used tractor trailer trucks to occupy much of downtown Ottawa, launch protests in other major Canadian cities, and block points of entry along the country's southern border with the United States. While nominally objecting to Canadian vaccination mandates, particularly as applied to truckers, the convoy movement has at times made even more ambitious demands, including the dissolution of the Trudeau government, and it has close ties to far right-wing nationalists and ethno-nationalist organizations, both in Canada and the United States. While the convoy movement began in Canada, there are signs that is beginning to spread, with similar efforts appearing in Australia and New Zealand and intelligence reports suggesting the same may soon happen in the United States. To put these recent developments in context, Scott R. Anderson sat down with three Canadian national security experts who have been following the convoy crisis closely: Amarnath Amarasingam, assistant professor at Queen’s University; Stephanie Carvin, associate professor at Carleton University; and Jessica Davis, president of Insight Threat Intelligence. They discussed the origins of the convoy movement, its relationship with domestic violent extremism and what it might mean for both Canada and the rest of the world.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The Joe Rogan Experience is perhaps the most popular podcast in the world—and it’s been at the center of a weeks-long controversy over COVID misinformation and content moderation. After Rogan invited on a guest who told falsehoods about the safety of COVID vaccines, outrage mounted toward Spotify, the podcasting and music streaming company that recently signed an exclusive deal with Rogan to distribute his show. Spotify came under pressure to intervene, as nearly 300 experts sent the company a letter demanding it take action, and musicians Neil Young and Joni Mitchell pulled their music from Spotify’s streaming service. And the controversy only seems to be growing. This week on Arbiters of Truth, our series on the online information ecosystem, Evelyn Douek and Quinta Jurecic spoke with Ashley Carman, a senior reporter at The Verge who writes the newsletter Hot Pod, covering the podcast and audio industry. She’s broken news on Spotify’s content guidelines and Spotify CEO’s Daniel Ek’s comments to the company’s staff, and we couldn’t think of a better person to talk to about this slow-moving disaster. How has Spotify responded to the complaints over Rogan, and what does that tell us about how the company is thinking about its responsibilities in curating content? What’s Ashley’s read on the state of content moderation in the podcast industry more broadly? And … is this debate even about content moderation at all?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Last month, a court in Germany convicted a senior Assad government official for a crime against humanity and sentenced him to life in prison for activities overseeing detention centers in Syria, where the government interrogated and tortured suspected antigovernment activists. The case was unique, not just for the profile of the defendant, but for the fact that the crime had no nexus to Germany. Instead, it's an example of what scholars call a universal jurisdiction case. In these cases, a country like Germany exercises criminal jurisdiction over certain crimes like war crimes, genocide and crimes against humanity. A collection of European countries, as well as Argentina, have incorporated provisions like this into their criminal code, and universal jurisdiction cases have served to bring justice for offenses committed in a range of conflicts across the world. To talk through the most recent developments and the phenomenon of universal jurisdiction cases, Jacob Schulz sat down with Hayley Evans, a research fellow working on Afghanistan projects at the Max Planck Foundation for International Peace and Rule of Law.Visit our website: https://www.lawfareblog.com/ Become a Material Supporter on Patreon: https://www.patreon.com/lawfareSupport this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The House of Representatives last week passed the COMPETES Act, its counterpart to a Senate bill last year on competitiveness with China. What's in the bill? What would it do? How similar is it to the Senate bill? And how close are we to a major piece of China legislation?Benjamin Wittes sat down on Lawfare Live with Susan Thornton, a retired U.S. diplomat who is currently a visiting lecturer in law at Yale Law School and a senior fellow at the Paul Tsai China Center, and Jordan Schneider, the host of the ChinaTalk podcast and newsletter. They talked about the legislation, the prospects for reconciling it for the Senate bill, and whether this is a real start or just window dressing.This episode was recorded live for our Material Supporters.Become a Material Supporter on Patreon: https://www.patreon.com/lawfareSupport this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Last week was scary for historically black colleges and universities, 17 of which received bomb threats that caused disruptions, building closures and class cancellations. The FBI is investigating, but we don't know a lot about what happened. To go over what we do know, Benjamin Wittes sat down with Andy McCabe, former deputy director of the FBI who ran his share of counter-terrorism investigations, and Yasmin Cader, a deputy legal director at the ACLU and the director of the Trone Center for Justice and Equality. They talked about what we know about the investigation, how these investigations take place, and the tensions they involve between the FBI and communities of color. They also talked about the role of HBCUs and why people may be targeting them, whether the FBI is well positioned to investigate hate crimes, and what it needs to do to better position itself for this mission. They even talked about Jan. 6 and what the FBI's preparedness for that event says about its preparedness now.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From February 23, 2021: For more than a week now, Texas has been struggling with a massive power outage caused by record low temperatures. Millions have been without power, heat and running water, and at least dozens have been confirmed to have died as a result. All states are confronting extreme weather, but Texas is unique in that its electricity is almost completely independent from the rest of the United States' grid. This has at times lowered costs and increased innovation in the Texas energy markets, but as the current crisis shows, Texas's energy exceptionalism comes at a cost. Alexandra Klass is the Distinguished McKnight University Professor at the University of Minnesota Law School and a nationally recognized expert on energy law and policy who recently wrote about the Texas energy crisis for Lawfare. Alan Rozenshtein spoke with her about the current situation and the future of energy policy, both for Texas and for the United States.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From October 28, 2019: President Donald Trump announced on Sunday that Abu Bakr Al-Baghdadi, the leader of the Islamic State, died in a raid conducted by U.S. Special Operation Forces. The president used highly unusual language to describe the raid, including that al-Baghdadi “died like a dog.” He also stated that the U.S. would be “leaving soldiers to secure the oil.” Scott R. Anderson and Dan Byman join Benjamin Wittes to discuss the raid, what it means for the future of the Islamic State, Trump’s speech and what it all means for the broader region.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Last night, U.S. forces in Northern Syria killed Abu Ibrahim al-Hashimi al-Qurayshi who until yesterday was the current leader of ISIS. It was an operation in which at least 13 people, including civilians, were killed, apparently when al-Qurayshi detonated a bomb that destroyed the building they were in. What are the implications for the future of ISIS, for the future of Syria and for the future of the U.S. military, which is supposedly at peace these days? To chew it over, Benjamin Wittes sat down with Lawfare senior editor Scott R. Anderson, and Hassan Hassan, editor-in-chief of New Lines Magazine. They talked about who al-Qurayshi was, what we know about him, who on the ground was helping the United States, the future of Syria and its new political landscape, and what this all means for Joe Biden.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

We talk a lot on this show about the responsibility of major tech platforms when it comes to content moderation. But what about problems the platforms can’t—or won’t—fix? Tracy Chou’s solution involves going around platforms entirely and creating tools that give power back to users to control their own experience. She’s the engineer behind Block Party, an app that allows Twitter users to protect themselves against online harassment and abuse. It’s a fine-tuned solution to a problem that a lot of Twitter users struggle with, especially women and particularly women of color. This week on Arbiters of Truth, our series on the online information ecosystem, Evelyn Douek and Quinta Jurecic spoke with Tracy about her work developing Block Party and how the persistent lack of diversity in Silicon Valley contributes to an environment where users have little protection against harassment. They also talked about what it’s like working with the platforms that Block Party and other apps like it are seeking to improve. And they discussed what content moderation problems these kinds of user-driven tools might help solve–and which they won’t.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Last month, the New York Times ran a story about YouTube videos promoting tourism to China and promoting messages sympathetic to the Chinese government. The accounts are a part of a broader network of profiles on Twitter, YouTube and other social media, spreading pro-Beijing narratives. To talk through the story and what to make of the accounts, Jacob Schulz sat down with one of the story's authors, Paul Mozur, a reporter at the New York Times, and Darren Linvill, an associate professor at the University of Clemson. They talked through who exactly these accounts are, what messages they promote and how to think about what impact they're having.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Nearly six months have passed since the Taliban’s sudden takeover of Afghanistan. As the country faces down a failing economy and looming humanitarian catastrophe, the new Taliban regime is still struggling with what it means to govern, both internally within the country and externally in its relations with the broader international community.To get a sense of the state of play in Afghanistan, Scott R. Anderson sat down with a panel of experts: Laurel Miller, director of the International Crisis Group’s Asia Program; Andrew Watkins, a senior expert on Afghanistan at the U.S. Institute of Peace; and Obaidullah Baheer, a lecturer at the American University in Afghanistan and a visiting scholar at The New School. They talked about the Taliban's approach to governing, its changing relationships with the outside world and what it all means for Afghanistan's future.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.