The Lawfare Podcast

In this second half of David Kris's two-part discussion with FBI historian John Fox, David and John continue their whirlwind tour of the Bureau, focused on its use of wiretap evidence, SIGINT and other intelligence. In the last episode, they worked their way from the FBI's founding through the era of prohibition and gangsters, World War II and part of the Cold War, including the prosecution of DOJ official Judith Coplon based on information from NSA's Project VENONA. In this episode, they move forward through the FBI's more recent history to cover abuses revealed in the 1970s, the terrorist attacks of 9/11, as well as some present-day issues.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From the Lawfare Archive, July 18, 2015: While world powers and Iran were embroiled in last minute negotiations last week, Brookings hosted a panel discussion on the meaning of another power’s recent nuclear threats: Russia's. In recent months, Russia has rattled the saber, with Vladimir Putin remarking on his nuclear options during the Crimea crisis and making a mild threat to nuke the Danish navy. Given that Russia maintains enough nuclear muscle to destroy the world---theoretically anyway---how seriously should we take these provocations?The panel was moderated by Brookings Fellow Jeremy Shapiro and featured Hans Kristensen of the Federation of American Scientists and Brookings scholars Pavel Baev and Steven Pifer. Together, the trio took a deep dive into Russia’s recent nuclear threats during the Crimea crisis, the country’s capabilities—both conventional and nuclear—relative to NATO, and its ongoing modernization program. The three conclude with terrifying thought: The folks surrounding Putin just might not fully understand deterrence.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From the Lawfare Archive, March 31, 2020: Saudi Arabia continues to be a mainstay of newspaper headlines, whether it be for its oil price war with Russia or for news about Turkish indictments in connection with the murder of journalist Jamal Khashoggi. But making sense of Saudi Arabia’s de facto leader, Mohammed Bin Salman, known widely as MBS, can be a difficult proposition. He has made social reforms—lifting the ban on women driving and taking power away from Saudi Arabia’s infamous religious police—but he has no interest in political reform and has a propensity to take impulsive and remarkably violent action, both in the foreign policy space and toward perceived enemies within Saudi Arabia and beyond. Ben Hubbard, Beirut bureau chief for the New York Times, provides an account of the young prince’s rise and his early years in power in Saudi Arabia. Jacob Schulz talked with Hubbard about MBS's rise to power, his influence on domestic life in Saudi Arabia, his relationship to Jared Kushner and the Trump administration, and about the White House response to Khashoggi’s murder.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The Apple Daily newspaper in Hong Kong has shut down under pressure from the Chinese and Hong Kong governments. It's the latest political repression in Hong Kong that shows no sign of easing up. Alvin Cheung is a postdoctoral fellow at McGill University and a non-resident affiliated scholar at NYU's U.S.-Asia Law Institute. He joined Benjamin Wittes to talk about the Apple Daily case, the other cases like it, the implementation of Hong Kong's new national security law and what it all means for the Hong Kong constitutional order. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Arbiters of Truth, our podcast on our online information ecosystem, Evelyn Douek and Quinta Jurecic spoke with Camille François, the chief innovation officer at Graphika, about a new report released by her team earlier this month on an apparent Russian influence operation aimed at so-called “alt-tech” platforms, like Gab and Parler. A group linked to the Russian Internet Research Agency “troll farm” has been posting far-right memes and content on these platforms over the last year. But how effective has their effort really been? What does the relatively small scale of the operation tell us about how foreign interference has changed in the last four years? Has the media’s—and the public’s—understanding of information operations caught up to that changing picture?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This is the latest installment in our ongoing series of historical inquiries with U.S. and Five Eyes intelligence agencies. Earlier episodes have featured CIA, NSA and GCHQ, and today, it's the first of a two-part discussion of FBI, featuring FBI historian John Fox. David Kris sat down with John for a whirlwind tour of the Bureau, from its founding through the era of prohibition and gangsters, World War II, the Cold War, abuses revealed in the 1970s, 9/11 and right up to the present, focusing on the use of wiretap evidence and intelligence. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Bryce Klehm sat down with Peter Martin, a defense policy and intelligence reporter at Bloomberg. Peter is the author of the new book, "China's Civilian Army: The Making of Wolf Warrior Diplomacy," which traces the history of China's diplomatic corps from the founding of the Chinese Communist Party to the present. They covered a lot of ground, from Zhou Enlai's impact on the Chinese foreign ministry to the Biden administration's first interactions with China's top diplomats. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

NATO, the North Atlantic Treaty Organization, was founded in 1949 and quickly became the main way that the United States guaranteed the security of Western Europe, especially against possible invasion by the Soviet Union. But with the fall of the Berlin Wall in 1989, the dissolution of the Soviet Union in 1991 and the end of the Cold War, NATO has faced a series of identity crises. Should it continue to exist in its current form or change? If it should change, should it shrink or expand? Should it continue focusing on European security or embrace global peacekeeping? What should its relationship with Russia be? And perhaps most importantly, should America continue to serve as the de facto head of NATO and the main guarantor of European security? Last week's NATO summit offers an opportunity to revisit all of these cases.To discuss it all, Alan Rozenshtein spoke with two experts on U.S. foreign policy: Stephen Wertheim, a historian and director of the Grand Strategy Program at the Quincy Institute for Responsible Statecraft, and Sara Moller, an assistant professor in international security at Seton Hall University. To frame the conversation, they focused on Stephen's recent essay in the New York Times, provocatively titled, "Sorry, Liberals. But You Really Shouldn't Love NATO."Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From the Lawfare Archive, February 19, 2020: Jessica Stern, who served on the National Security Council during the Clinton administration, has a remarkable skill: she interviews really bad people, and she writes about them in really interesting ways. She spent quite a bit of time interviewing Bosnian-Serb war criminal Radovan Karadzic, who is serving a life sentence at the Yugoslav war crimes tribunal in The Hague for genocide in connection with the Bosnian conflict in the 1990s. Their conversations led to the publication of the book, "My War Criminal: Personal Encounters with an Architect of Genocide," which triggered a remarkable outpouring of rage at Jessica Stern. Benjamin Wittes spoke with Jessica recently about the book, the controversy, and her general approach to talking to evil men.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From the Lawfare Archive, July 17, 2018: U.S. President Donald Trump and Russian President Vladimir Putin met in Helsinki for their first one-on-one summit, where the U.S. president said that he trusted the Russian president's denial of election interference over his own intelligence community. In the United States, furor followed on both sides of the aisle. To break down what happened and what it means, Alina Polyakova sat down with Julia Ioffe, correspondent at GQ and long-time Russia observer, and Ian Bremmer, president of the Eurasia Group, to talk about why nobody else was in the room with Trump and Putin during their over-two-hour, one-on-one meeting; what Russia's kompromat on Trump really might be; and whether this summit actually moved the needle in U.S.-Russia policy. What was gained and what was lost? Was this a win for Putin? An embarrassment for Trump?  Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

President Biden met with President Putin in Geneva on Wednesday. There was a lot of press and dueling press conferences, with both presidents having testy moments with them, and the whole thing was pretty different from the last time Putin met with a U.S. president. To talk through the Putin-Biden summit, Benjamin Wittes sat down on Lawfare Live with Fiona Hill and Alex Vindman, both formerly of the National Security Council, Alina Polyakova of the Center for European Policy Analysis, and former Estonian President Toomas Ilves. They discussed whether this was a win for Putin, a win for Biden, an overblown icebreaker or something else, and what it all says about where U.S.-Russia relations are headed.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

TikTok has rapidly become one of the most popular apps for teenagers across the world for dancing, lip-syncing and sharing details about their lives. But if you cast your mind back to last year—specifically, August 2020—you may recall that the app’s future in the United States suddenly fell into doubt. The Trump administration began arguing that the app’s ownership by the Chinese company ByteDance raised problems of national security for the United States. ByteDance was ordered to divest from TikTok, and the app, along with the popular China-based chat app WeChat, faced U.S. sanctions.But you might have noticed that your teenager is still making TikTok videos. And President Biden issued his own executive order last week revoking Trump’s sanctions. So, what on earth is happening?On this week’s episode of our Arbiters of Truth series on our online information ecosystem, Evelyn Douek and Quinta Jurecic spoke to Bobby Chesney, Lawfare co-founder and Charles I. Francis Professor in Law at the University of Texas School of Law, about what’s happened to TikTok over the past year. Bobby brought us up to speed with the Trump administration’s offensive on TikTok, why the app has survived so far and why TikTok shouldn’t breathe easy just yet about Biden’s executive order.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The United States is quickly approaching its September deadline for a full military withdrawal from Afghanistan. As the U.S. completes its withdrawal, many Afghans who partnered with the U.S., serving as translators and interpreters, face the danger of severe retribution from the Taliban.Those who partner with the U.S. military can obtain a special immigrant visa, or SIV, through the U.S. State Department, but many lawmakers and veterans' groups are concerned that the U.S. is running out of time to approve SIVs for its Afghan partners. To help make sense of it all, Bryce Klehm sat down with Congressman Seth Moulton and Matt Zeller. Rep. Moulton is a representative from Massachusetts who served as a Marine infantry officer in Iraq and who is also a member of the Honoring Our Promises Working Group, a bipartisan group of lawmakers calling on the Biden administration to protect the U.S.'s Afghan partners. Zeller is a Truman Center fellow and host of the Wartime Allies podcast, who served as a combat advisor with Afghan security forces and who is also the co-founder of No One Left Behind, a veterans' organization that provides services to former Afghan and Iraqi interpreters who resettle in the United States.They covered a range of issues, including the risks that current and former U.S. partners in Afghanistan face, the obstacles in the SIV process and a potential evacuation of U.S. partners to Guam.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

A spree of stories has emerged over the last week or so that the Justice Department under the prior administration obtained phone and email records of several journalists, several members of Congress and staffers, and even family members. It has provoked a mini scandal, calls for investigation, howls of rage and serious questions. To discuss it all, Benjamin Wittes sat down with Gabe Rottman of the Reporters Committee for Freedom of the Press, former FBI agent Pete Strzok, Lawfare senior editor Quinta Jurecic and Berkeley law professor and Lawfare contributing editor Orin Kerr. They talked about what we really know about these stories and what happened in these investigations. Was it all legal? Was it legitimate? How should it be investigated and by whom? And what does it mean that none of the prior attorneys general or deputy attorneys general seem to remember it?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Public discourse is in bad shape these days. We all yell at and cancel each other on social media and college campuses, and politicians—especially those on the Trumpist right—lie so much that the very notion of truth threatens to lose any meaning. But, Jonathan Rauch is optimistic that this can change for the better. Jonathan is a senior fellow at the Brookings Institution and the author of, most recently, "The Constitution of Knowledge: A Defense of Truth." Alan Rozenshtein spoke with Jonathan about his book, his diagnosis of our present condition and his hopes for the future.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Daniel Richman and Sarah Seo are professors at Columbia Law School, and they are co-authors of a recent article on Lawfare entitled, "Toward a New Era for Federal and State Oversight of Local Police." Benjamin Wittes sat down with them to discuss the article, the history of the federal-state relationship in law enforcement, how the feds came to play an oversight role with respect to police departments, the limits of that role inherent in the cooperative relationship that law enforcement agencies engage in for other reasons, the role that the feds might play under new legislation and the role that state governments may play as well. Sign up for Lawfare's Patreon to support our podcast and get access to its ad-free feed and other perks.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

If you’ve listened to this show, you've probably read a fair number of news stories—and maybe even listened to some podcast episodes—about the Facebook Oversight Board’s recent ruling on the platform’s decision to ban President Trump’s account. The board temporarily allowed Facebook to keep Trump off the platform, but criticized the slapdash way Facebook made that call and provided a long list of recommendations for Facebook to respond to.Well, now Facebook has responded—announcing that it will ban Trump from the platform for two years. And though the response hasn’t gotten as much coverage as the initial ruling, it’s arguably more important for what it says about both Facebook and the Facebook Oversight Board’s role in the future of content moderation.This week on the Lawfare Podcast's Arbiters of Truth series on our online information ecosystem, Quinta Jurecic interviewed Lawfare managing editor Jacob Schulz and Arbiters of Truth co-host Evelyn Douek about Facebook’s response to the board. What did Facebook say in addition to its two-year Trump ban? Why is Evelyn grumpy about it? And what’s next for Facebook, the Oversight Board and Trump himself?Sign up to support Lawfare through our Patreon to get access to an ad-free feed of this podcast and more exclusive content.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

For years, Congress and the Defense Department have debated how best to handle the pernicious problem of sexual assault in the military. Now, a bipartisan majority in the Senate appears to have settled on a set of reforms that would make unprecedented changes to the military justice system. But do these changes actually get at the root cause of the military sexual assault problem? Or do they simply put at risk the command structure that is often seen as a pillar of military effectiveness? To discuss these issues, Scott R. Anderson sat down on Lawfare Live with legal expert Michel Paradis, who teaches a course on the military and the law at Columbia Law School. They talked about the impetus behind these latest reforms, what the consequences might be for the military justice system and whether they promise to finally provide the protection against sexual assault that those serving in the military need and deserve.Support Lawfare by subscribing to our Patreon for an ad-free podcast feed, access to future episodes of Lawfare Live and more exclusive content.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Alicia Wanless is the director of the Partnership for Countering Influence Operations at the Carnegie Endowment for International Peace, and she has a beef with the current debate over influence operations. Put simply, we don't really know what works in countering them, and the studies of the subject all seem to be case studies using different methodologies and examining different things. Benjamin Wittes spoke with her about how we might improve our knowledge base on this subject, what kind of information we would need to study whether influence operations work and what works to counter them. They talked about transparency reporting requirements for the big tech companies, data sharing between companies and scholars, what a massive effort at research in this space would look like and whether it has any possibility of coming to be.Sign up for Lawfare's Patron to get access to an ad-free podcast feed and other exclusive content.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's been more than a year since the first contact tracing and exposure notification apps for the novel coronavirus have appeared, and the apps have not at all lived up to the hype. In fact, they've almost invariably stumbled or not really worked at all. Jacob Schulz sat down with Alan Rozenshtein, associate professor of law at the University of Minnesota School of Law and a senior editor at Lawfare, and Susan Landau, a computer science professor at Tufts and a senior contributor for Lawfare, to talk about digital disease surveillance during the COVID-19 pandemic. What went wrong, and what are the lessons to be learned?Support Lawfare through Patreon to get access to our ad-free podcast feed and other exclusive content.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In March 2019, a shooter carried out two mass killings at mosques in Christchurch, New Zealand, livestreaming the first shooting on Facebook. Two months later, New Zealand Prime Minister Jacinda Ardern and French President Emmanuel Macron convened the Christchurch Call—a commitment joined by both governments and technology companies “to eliminate terrorist and violent extremist content online.”It’s now been two years since the Christchurch Call. To discuss those years and what comes next, Evelyn Douek and Quinta Jurecic of the Arbiters of Truth series of the Lawfare Podcast spoke with Dia Kayyali, who serves as a co-chair of the Advisory Network to the Christchurch Call, a group of civil society organizations that work to ensure that the signatories to the Call consider a more diverse range of expertise and perspectives when implementing its commitments. Dia is a long-time digital rights activist and the associate director for advocacy at Mnemonic, an organization that works to preserve online documentation of human rights abuses. What has their experience been like as a voice for civil society in these conversations around the Call? What should we make of the recent decision by the Biden administration to sign the United States on to the call? And what are the risks of potentially over-aggressive moderation in an effort to take down “terrorist” content?.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Recent events have shown that Russian intelligence efforts against the United States and the West have continued since the end of the Cold War and have perhaps increased in recent years. In particular, Vladimir Putin appears determined to get even with the U.S. for Russian losses at the end of the Cold War. To discuss the role that intelligence has played in Russia's efforts, David Priess sat down with Jack Devine, who served in many roles over some 30 years at the CIA, including as the associate director of operations and leading the covert action operation, which drove the Russians out of Afghanistan. He's also the author of the recent book, "Spymaster's Prism: The Fight Against Russian Aggression." They talked about Russian aggression and what intelligence can do about it, and they discussed what policies would be most effective against Russia.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Remember Maria Butina? She was the Russian graduate student at American University and gun enthusiast who was arrested for being an unregistered foreign agent shortly after the Russian electoral interference scandal broke. She eventually pled guilty to a lesser charge, served her time and was deported back to Russia. She is now the subject of a six-part podcast series by Celia Aniskovich called Spy Affair. Benjamin Wittes sat down with Celia and Pete Strzok, the former FBI agent, to discuss Maria Butina, who she is, the investigation of her and how it all fits into Russia's plans in the period around Donald Trump's election.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In the final episode of “After Trump,” the six-part limited podcast series based on the book, "After Trump: Reconstructing the Presidency," by Bob Bauer and Jack Goldsmith, we explore whether and how we can repair the damage that the Trump presidency has done to the Republic.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On Wednesday, Attorney General Merrick Garland and Secretary of Homeland Security Alejandro Mayorkas testified on domestic violent extremism before the Senate Appropriations Committee. They talked about what they consider the most pressing threats and answered senators' questions about what their agencies are doing about them. There were also some questions about other topics such as border security, and their testimony included opening statements and repetition. We took it all out to give you just the questions and answers on domestic violent extremism.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Arbiters of Truth, the Lawfare Podcast's series on our online information ecosystem, Evelyn Douek and Quinta Jurecic spoke with the journalist Will Oremus, who until recently was a senior writer at the technology publication OneZero and who is one of the most astute observers of online platforms and their relationship to the media. They dug into Will’s reporting on the social media platform Nextdoor. The app is designed to connect neighbors, but Will argues it’s filling the space left by collapsing local news—which may not be the best development when the platform is struggling with many of the common challenges of content moderation. And, of course, they also talked about the inescapable, ever-present elephant in the room—the Facebook Oversight Board’s ruling on Donald Trump’s account.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The situation in Israel and the Palestinian Territories is growing heated. Protests over the forced dislocation of Palestinian residents of East Jerusalem have escalated into violent confrontations with Israeli police forces, including in the Old City of Jerusalem and on the sacred grounds of the al-Aqsa Mosque, interrupting prayers there during the holy month of Ramadan. Over the past few days, these clashes have in turn triggered rocket attacks into Israel from Hamas-controlled Gaza and reciprocal airstrikes by the Israeli military. Some such rockets have even reached the city of Tel Aviv, leading Israeli Prime Minister Benjamin Netanyahu and his coalition partner, Alternate Prime Minister Benny Gantz, to promise a new military operation against Hamas in Gaza over the days to come. To catch up on these fast-moving developments, Scott R. Anderson sat down with Natan Sachs, a fellow at the Brookings Institution and director of the Center for Middle East Policy, and Zaha Hassan, a human rights lawyer and visiting fellow at the Carnegie Endowment for International Peace. They discussed the origins of this most recent conflict, the unusual Israeli and Palestinian political context in which it is occurring and what it might all mean for the Biden administration's own objectives in the region.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

David Ignatius, a columnist for the Washington Post, recently ran a lengthy column about the machinations of Kash Patel in the executive branch during the presidential transition. Patel, a former staffer for Devin Nunes, held a variety of positions in the months before Donald Trump left office, and Donald Trump considered him for a variety of other positions. It's a remarkable story that raises a whole series of questions that Jack Goldsmith has been asking on Lawfare for some time. Benjamin Wittes sat down with Ignatius and Goldsmith to discuss the article. What was Patel up to in the final days of the Trump administration? What does it say about the way the executive branch functioned under Donald Trump? And what does it say about the activities of the deep state?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In the fifth episode of "After Trump," the six-part limited podcast series based on the book, "After Trump: Reconstructing the Presidency," by Bob Bauer and Jack Goldsmith, we consider whether the Justice Department is really independent of the president.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Over its first 100 days in office, the Biden administration has faced a difficult set of policy challenges at America's southern border, ranging from new waves of individuals driven to try to cross the border by the effects of the global pandemic, to the often difficult legacy left by some of his predecessor's draconian immigration policies. As a candidate, Biden channeled Democrats' outrage with former President Trump's actions on immigration and pledged to reverse them. But now that he is in office, will Biden find more common ground with his predecessor than expected, or will he turn over a new page on America's immigration policies? Scott R. Anderson sat down with ProPublica immigration reporter Dara Lind to discuss what drives immigration to the United States, how the Biden administration has responded thus far and what it may all mean for the future of immigration policy in the United States.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The wait is over. Four months after Facebook indefinitely banned Donald Trump from its platform following the Capitol riot, the Facebook Oversight Board—the platform’s self-appointed quasi-court—has weighed in on whether or not it was permissible for Facebook to do so. And the answer is ... complicated. Mark Zuckerberg can still keep Trump off his platform for now, but the board says that Facebook must review its policies and make a final decision about the former president’s fate within six months.To discuss the decision, Lawfare Editor-in-Chief Benjamin Wittes hosted a special episode of Arbiters of Truth, our Lawfare Podcast miniseries on our online information ecosystem. He sat down with Evelyn Douek, Quinta Jurecic and Lawfare Deputy Managing Editor Jacob Schulz for a conversation about the Oversight Board’s ruling. Did the Oversight Board make the right call? What might the mood be like in Facebook headquarters right now? What about Twitter’s? And is this decision really the Oversight Board’s Marbury v. Madison moment?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Rudy Giuliani played a central role, both in President Trump’s response to the Mueller investigation and in the drama in Ukraine that eventually led to Trump’s first impeachment. Now, a year later, Giuliani is back in the news, thanks to reports of a search of his apartment by federal investigators in the Southern District of New York. What exactly is Giuliani being investigated for, and how does it connect to his role in the first impeachment? What does it mean that the Justice Department reportedly decided not to move ahead with the search under the Trump administration but that Attorney General Merrick Garland gave the thumbs-up? Quinta Jurecic spoke with Lawfare Editor-in-Chief Benjamin Wittes and Lawfare Deputy Managing Editor Jacob Schulz to catch up on just what is going on in the wild world of Rudy Giuliani.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

2020 was a remarkable year in so many ways, not least of which was the COVID-19 pandemic and its effects. Why did so many countries bungle their responses to it so badly? And what should their leaders have learned from earlier disasters and the pathologies clearly visible in the responses of their predecessors to them?Niall Ferguson is the Milbank Family Senior Fellow at the Hoover Institution at Stanford University and the author of more than a dozen books, including, most recently, "Doom: The Politics of Catastrophe." David Priess sat down with Niall to discuss everything from earthquake zones, to viruses, to world wars, all with a mind to how our political and social structures have or have not adapted to the certainty of continued crises.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

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

When President Biden entered office, he inherited a bilateral relationship with Turkey that was strained to the limits by the growing independent streak in that country's foreign policy—and one that had been pushed in unfamiliar directions by his predecessor's direct and often unpredictable personal relationship with Turkey's longstanding president, Recep Tayyip Erdoğan. This past week, the Biden administration made its first major move on the U.S.-Turkey relationship by recognizing the atrocities committed against Armenians by Ottoman authorities in the early 20th century as a genocide, a move that prior presidents had avoided for fear of how Turkey might react.To discuss what these developments may mean for this key bilateral relationship, Scott R. Anderson sat down with Nicholas Danforth of the Hellenic Foundation for European and Foreign Policy and Asli Aydıntaşbaş of the European Council on Foreign Relations. They discussed how Turkey views its place in the world, what this means for its alliance with the United States and how the Biden administration is likely to respond moving forward.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Odds are, you probably haven’t heard of the Israeli government’s “Cyber Unit,” but it’s worth paying attention to whether or not you live in Israel and the Palestinian territories. It’s an entity that, among other things, reaches out to major online platforms like Facebook and Twitter with requests that the platforms remove content. It’s one of a number of such agencies around the globe, which are known as Internet Referral Units. Earlier in April, the Israeli Supreme Court gave a green light to the unit’s activities, rejecting a legal challenge that charged the unit with infringing on constitutional rights.This week on Arbiters of Truth, the Lawfare Podcast’s miniseries on our online information ecosystem, Evelyn Douek and Quinta Jurecic talked to Fady Khoury and Rabea Eghbariah, who were part of the legal team that challenged the Cyber Unit’s work on behalf of Adalah, the Legal Center for Arab and Minority Rights in Israel. Why do they—and many other human rights activists–find Internet Referral Units so troubling, and why do governments like the units so much? Why did the Israeli Supreme Court disagree with Fady and Rabea’s challenge to the unit’s activities? And what does the Court’s decision say about the developing relationship between countries’ legal systems and platform content moderation systems?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The Biden administration has now responded to two major cyberattacks—one from Russia, the SolarWinds attack, and the other from China, the so-called Hafnium Microsoft Exchange Server attack. Recently, Lawfare has run articles on both of these incidents—a piece from Dmitri Alperovitch, the co-founder and former CTO of CrowdStrike, and a piece from Alex Iftimie, a former Justice Department official and a lawyer at Morrison & Foerster. They joined Benjamin Wittes to discuss the Biden administration's response to the attacks. Were they appropriate, both in absolute terms and in relation to each other? Do they send the right messages to the countries in question? Do they go far enough? And what more do we want to see? Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The Russian GRU Unit 29155 is in the news again. Czech authorities pin the blame on it for a series of explosions in 2014 that killed two people, and then they expelled an unusually high number of Russian diplomats, dramatically reducing Russia's diplomatic presence in Czechia and perhaps harming its intelligence efforts across Central Europe.To talk about it, David Priess sat down with Michael Schwirtz, an investigative reporter with the New York Times based at the United Nations whose most recent reporting has shed important light on the events of this shadowy Russian military intelligence unit, and John Sipher, the co-founder of Spycraft Entertainment and a retired 28-year veteran of the CIA with significant experience against the Russian target. They discussed this Russian military unit's active measures, Putin's motivations and possible miscalculations, and intelligence collection against and cooperation to thwart this unit, along with the bigger picture of Western relations with Russia.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In the third episode of “After Trump,” the six-part limited podcast series based on the book, "After Trump: Reconstructing the Presidency," by Bob Bauer and Jack Goldsmith, we explore the pardon power and what happens when a president abuses it.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Tim Maurer is a senior counselor for cybersecurity to the Secretary of Homeland Security. Jennifer Daskal serves as deputy general counsel at DHS focused on cybersecurity. And Eric Goldstein serves as the executive assistant director for cybersecurity for CISA, DHS's cybersecurity and infrastructure security agency. They joined Benjamin Wittes to talk about what the Biden administration's priority is in cybersecurity domestically, how DHS is using its new authorities that it has received in the National Defense Authorization Act, how CISA has grown as an agency and what success looks like if the administration pursues its goals effectively.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Arbiters of Truth, the Lawfare Podcast’s miniseries on our online information ecosystem, Evelyn Douek and Quinta Jurecic talked to Sean Li, who until recently was the head of Trust and Safety at Discord. Discord is experiencing phenomenal growth and is an established player in a space that is the new hot thing: audio social media. And as the head of Trust and Safety, Sean was responsible for running the team that mitigates all the bad stuff that happens on a platform. Evelyn and Quinta asked Sean what it’s like to have that kind of power—to be the eponymous “arbiter of truth” of a slice of the internet. They also discussed what makes content moderation of live audio content different from the kind we normally talk about—namely, text-based platforms. As almost every social media platform is trying to get into audio, what should they be prepared for?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Last week for the Michael V. Hayden Center for Intelligence, Policy, and International Security at George Mason University's Schar School of Policy and Government, David Priess moderated a virtual event called, "Spy Writing in the Real World." The event featured three authors of espionage fiction, two with previous experience working inside the U.S. intelligence community: Brad Thor, the #1 New York Times bestselling author of 21 thrillers; Karen Cleveland, a former CIA analyst and New York Times bestselling author of "Need to Know" and "Keep You Close"; and award-winning author and former NSA and CIA officer Alma Katsu, who had written five novels prior to her first new spy novel, "Red Widow." They talked about the spy thriller genre, their challenges within it, their research and their experience with prepublication classification review.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Jack Goldsmith sat down with Lee Bollinger, the president of Columbia University, and Geoffrey Stone, the Edward H. Levy Distinguished Service Professor at the University of Chicago Law School, to discuss their new book, "National Security, Leaks and Freedom of the Press: The Pentagon Papers Fifty Years On." They discussed the holding and legacy of the Pentagon Papers case, as well as some of the many challenges of applying the Pentagon Papers regime in the modern digital era that is characterized by massive leaks and a very different press landscape than the one that prevailed in 1971.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In the second episode of "After Trump," the six-part limited podcast series based on the book, "After Trump: Reconstructing the Presidency," by Bob Bauer and Jack Goldsmith, we consider the problem of foreign interventions in American political campaigns—and what to do about it.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On Wednesday, President Biden announced a full withdrawal of all U.S. military personnel from Afghanistan by September 11, 2021, an announcement that comes as the U.S. and Afghan governments have been trying to reach a power sharing agreement with the Taliban. Prior to the withdrawal announcement, Bryce Klehm spoke with Thomas Gibbons-Neff, a New York Times correspondent based in the Kabul bureau and a former Marine infantryman, who walked us through the situation on the ground in Afghanistan over the last year. Following Biden's announcement, Bryce spoke with Madiha Afzal, the David M. Rubenstein Fellow in the Foreign Policy program at the Brookings Institution, who talked about the broader implications of a U.S. withdrawal from Afghanistan.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Arbiters of Truth, the Lawfare Podcast’s miniseries on our online information ecosystem, Evelyn Douek and Quinta Jurecic spoke with Jameel Jaffer and Ramya Krishnan of the Knight First Amendment Institute. What do facial recognition software and President Trump’s erstwhile Twitter habits have in common? They both implicate the First Amendment—and hint at how old doctrines struggle to adapt to new technologies. Evelyn and Quinta talked to Jameel and Ramya about the long-running lawsuit by the Knight Foundation over whether it violates the First Amendment for the president to block people on Twitter—a lawsuit that the Supreme Court just ended. They also asked Ramya and Jameel about the controversial facial recognition startup Clearview AI, in light of recent reporting showing just how much law enforcement uses that technology. Clearview is now confronting multiple lawsuits on the grounds that the company’s practices violate privacy laws, and its defense is that its activities are protected by the First Amendment. These cases don’t neatly fit into existing First Amendment categories, so Evelyn and Quinta asked Jameel and Ramya about the possible paths the law might take to adjust to the digital age.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

A lot of people are expressing anxiety about white supremacist violent terrorism, yet in a new Brookings paper entitled "Identifying and Exploiting the Weaknesses of the White Supremacist Movement," Daniel Byman, Lawfare's foreign policy editor and a senior fellow at the Brookings Center for Middle East Policy, and Mark Pitcavage, a senior research fellow at the Center on Extremism at the Anti-Defamation League, say that while the threat is real, these movements have weaknesses that other terrorist groups do not. Benjamin Wittes sat down with Byman and Pitcavage to talk about these weaknesses, how white supremacist groups are vulnerable and how law enforcement in the United States can exploit them to reduce the threat.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From the countless attacks on ethnic and religious minorities that have taken place in recent months to the January 6 riot on Capitol Hill, acts of violence and domestic terrorism are on the rise here in the United States. And a major driver behind many of these actions is a growing hostility toward members of racial and religious minorities among white Americans and a growing willingness to turn to violence as a result. Last week, the Lawfare team was hosted by the National Security Law Society at the Georgetown University Law Center for a live discussion of what this disturbing trend means for U.S. national security. Lawfare editor-in-chief Benjamin Wittes, Lawfare deputy managing editor Jacob Schulz and Lawfare senior editor Scott R. Anderson joined Elizabeth Neumann, a former senior official in the Department of Homeland Security during the Trump administration, and Ryan Greer, the national security director for the Anti-Defamation League, to discuss how white extremism and domestic terrorism relate to each other, what's driving radicalization among white Americans and steps the Biden administration, among others, can take to combat it.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On this special edition of the Lawfare Podcast, we're turning over our feed to the new podcast series, "After Trump," produced by Lawfare in collaboration with Goat Rodeo and hosted by Virginia Heffernan of Slate's "Trumpcast." "After Trump," based on the "After Trump: Reconstructing the Presidency" book by Bob Bauer and Jack Goldsmith, is a six-part limited series that dives into some of the major themes of the book, outlining Bob and Jack's proposal of reform to our government in the fallout of the Trump Administration. Benjamin Wittes sat down with Virginia Heffernan to introduce the series before "After Trump, Episode 1: Follow the Money," plays in full.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Tensions are heating up between Russia and Ukraine, seven years after the seizure by the Russians of the Crimean Peninsula and the incursions into Eastern Ukraine. With troop movements and some saber rattling, is Vladimir Putin trying to send a message to Joe Biden, or perhaps to Ukrainian President Zelensky? Is he trying to satisfy domestic constituencies or distract them? Benjamin Wittes sat down with Alexander Vindman to talk about what Russia is doing and why, and what the Biden administration should do about it.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.