The Lawfare Podcast

In a ruling late in the night, the day before Thanksgiving, the Supreme Court issued a preliminary injunction against Governor Andrew Cuomo of New York, preventing him from imposing restrictions on how many people could attend houses of worship—restrictions that Governor Cuomo defended as necessary to fight the COVID-19 pandemic. In a lawsuit brought by a Catholic Diocese and an organization of Orthodox Jews, a majority of the Court held that the occupancy restrictions had a high likelihood of violating the free exercise of religion as protected by the First Amendment. To help explain that decision and to discuss its implications for future public health responses to COVID, Alan Rozenshtein spoke with law professors Lindsay Wiley of American University and Josh Blackman of the South Texas College of Law.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On this episode of Lawfare's Arbiters of Truth series on platforms and disinformation, Quinta Jurecic spoke with Alina Polyakova and Ambassador Daniel Fried, the former U.S. ambassador to Poland and the Weiser Family Distinguished Fellow at the Atlantic Council. The two have a new paper out on “Democratic Offense Against Disinformation,” published by the Atlantic Council and the Center for European Policy Analysis. They have written previously on how democracies can defend themselves against disinformation and misinformation from abroad, but this time, they turned their attention to what it would mean for democracies to take the initiative against foreign purveyors of disinformation, rather than just playing defense. So how effective are democracies at countering disinformation? What tools are available if they want to play offense? And is it even possible to do so without borrowing tactics from the same authoritarian regimes that democracies seek to counter?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

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

“American companies are in a bind.” So argue Bill Priestap and Holden Triplett, who have written a series of articles for Lawfare making the case that more and more state intelligence agencies are turning their attention to private businesses, using the tools of espionage in order to build their own economic power. Both writers are speaking from experience: Priestap ran the FBI’s counterintelligence division from 2015 to 2018, and Triplett led the FBI office in Beijing from 2014 to 2017 and was deputy head of the FBI office in Moscow from 2012 to 2014. Quinta Jurecic sat down with them to discuss why countries have started to use their intelligence services in this way, what dangers this creates for American businesses and why counterintelligence risks are hard to intuitively understand.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Jordan Schneider, the host of the ChinaTalk podcast, sat down with H. R. McMaster, President Trump's former national security advisor. They talked about his time in government; the origins of the 2017 national security strategy, which focused the U.S. government on China; how he thinks history is best applied to policymaking; and even why he considers himself to be the funkiest NSA in U.S. history.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On this episode of Lawfare's Arbiters of Truth series on platforms and disinformation, Evelyn Douek and Quinta Jurecic spoke with Nick Rasmussen, the Executive Director of the Global Internet Forum to Counter Terrorism (also known as GIFCT). The GIFCT is an organization working to facilitate cross-industry efforts to counter the spread of terrorist and violent extremist content online. It was founded in 2017 by four platforms, but is now transitioning to a new life as an independent organization, which Nick is heading up. Online violent extremism is one of the most difficult problems of the internet age, and collaboration between companies and governments may be the only way to effectively tackle it. But how can the GIFCT balance this with the need to respect legitimate free speech concerns? How is Nick thinking about the transparency and accountability problems that such collaboration might exacerbate? And why might the GIFCT be one of the most important institutions for the future of online free speech?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

We have a new president-elect here in the United States, which means changes to certain U.S. domestic policies and also a different way of doing foreign policy. So, what does Biden’s win mean for different countries and regions globally? Jacob Schulz brings you dispatches from around the world about the effects of Biden’s win with Boris Ruge on Germany and the EU, Alina Polyakova on Russia and Ukraine, Emmanuel Igunza on East Africa and the Horn of Africa, Ambassador Antonio Garza on Mexico, Tanvi Madan on India, Sophia Yan on China, Ben Hubbard on Saudi Arabia, Rasha Al Aqeedi on Iraq, Daniel Reisner on Israel and Kemal Kirişci on Turkey.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Following his appearance on Friday on the Lawfare Podcast, Lieutenant Colonel Alexander Vindman, the Pritzker Military Fellow at the Lawfare Institute, appeared on Lawfare Live for a live video conversation and audience Q&A. It was a very good conversation—so good that we thought we would bring you an edited version of it as Part Two of our conversation with Alex Vindman. He discussed how one becomes an NSC director while serving in the active duty military, what risks the transition period has in foreign relations, whether he has any regrets about his decision to speak out during the impeachment and much more.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Lt. Col. Alexander Vindman (Ret.) is now the Pritzker Military Fellow at the Lawfare Institute, the newest member of the Lawfare team. 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.

This week on Lawfare's Arbiters of Truth series on disinformation, Evelyn Douek and Quinta Jurecic are bringing you a conversation with Alex Stamos, the director of the Stanford Internet Observatory. Alex was last on the show in August to talk about the newly established Election Integrity Partnership, which he helped set up to focus on detecting and mitigating disinformation around the U.S. 2020 election. Well, the election is over! So Alex is back to talk about what the partnership saw, how well the information ecosystem held up and what the landscape looks like as the dust begins to settle.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

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

The world’s most dangerous job apparently has a vacancy once again. Al Qaeda’s #2 reportedly has been killed in Iran by Israeli forces acting on U.S. intelligence. In addition, there are some rumors about Al Qaeda's #1, Ayman al-Zawahri, also passing into the hereafter. To talk about the reports and the rumors, Benjamin Wittes spoke with Lawfare's foreign policy editor, Brookings scholar and Georgetown professor Daniel Byman.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The Islamic State in America is a topic that once garnered front-page headlines, but it has fallen a bit out of public attention in the past year or so. Jacob Schulz sat down with Seamus Hughes, the author with Alexander Meleagrou-Hitchens and Bennett Clifford of "Homegrown: ISIS in America." They talked about the book, how the Islamic State has attracted American followers, how the organization operates differently in the U.S. versus Europe, the FBI and the role it plays in countering homegrown extremism, and what Seamus is most concerned about going forward.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Kori Schake is a long-time Pentagon watcher; she is a former Defense Department, State Department and National Security Council official; and she leads the foreign policy and defense policy team at the American Enterprise Institute. She is also the author of an article in The Atlantic this week about the latest mishegoss at the Pentagon—a decapitating strike against the military civilian leadership of the United States by the president. She joined Benjamin Wittes to talk through possible explanations of why the president is firing all the leaders of the Department of Defense. Is this a grand plan to do something terrible in the last two months of his presidency, or is this just flailing narcissism? And even if it's the latter, what harm could it do?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On this episode of Lawfare's Arbiters of Truth series on disinformation, Evelyn Douek and Quinta Jurecic spoke to Marietje Schaake about how Europe is not necessarily waiting for America to get its act together and is moving ahead with tech regulation. Marietje served as a Member of European Parliament for 10 years for the Dutch liberal democratic party and is now the international policy director at Stanford University’s Cyber Policy Center and international policy fellow at Stanford’s Institute for Human-Centered Artificial Intelligence. They spoke about what’s happening in Europe in the tech space, what distance there may be between European and American ideas about regulation of tech platforms, and whether that distance is bridgeable—especially under a Biden administration.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Yesterday, President Trump fired Secretary of Defense Mark Esper, the latest in a string of dismissals. Meanwhile, the Biden campaign is trying to put a transition together, but the head of the General Services Administration will not ascertain that the transition has begun. To talk about it all, Benjamin Wittes sat down with Steve Vladeck, Susan Hennessey and Scott R. Anderson. They discussed the president's surprise—or not so surprising—removal of staff who have offended him, how you run a transition, what the law requires, why the GSA won't get this one started, how you staff an administration and the particular challenges Biden will face.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Well, that's it, folks. We have a president elect in Joe Biden. And, we have a president who is now officially a lame duck. To talk through the transition from Donald Trump to a more normal presidency, Benjamin Wittes spoke with Scott R. Anderson, Quinta Jurecic, Jacob Schulz and Susan Hennessey.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The votes are almost all counted, but they're not quite all counted. We kind of know where the electoral votes are going, but some of them have not gone there yet. We think we know the outcome, but the outcome has not been officially called. To talk through the next several days, Benjamin Wittes sat down for a late-Thursday-evening chat with Lawfare chief operating officer David Priess, Lawfare senior editor Scott R. Anderson and Lawfare senior contributor Alan Rozenshtein.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Benjamin Wittes sat down with an all-Lawfare crew to discuss the election. Scott Anderson, David Priess, Jacob Schulz, Quinta Jurecic and Susan Hennessey joined Ben to talk about where the election is, whether we are in a transition or in a contested election, the challenges a Biden transition team might face and what concerns the team finds particularly alarming as they imagine the next few weeks and months.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In a conversation completely unrelated to yesterday's election, Jordan Schneider of ChinaTalk and Matthew Klein, author of the recent "Trade Wars Are Class Wars," spoke with Adam Tooze, a professor at Columbia University and an economic historian. They discussed what we can learn from the diplomatic and economic modes of the 1930s, why Nazi legal theory resonates so well in China today, how Xinjiang's camps echo the logic of Soviet gulags, whether the U.S. in fact lost the Cold War and the bureaucracies in which Adam would have loved to work.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On this Election Day, we are checking in on how healthy the election actually is. Nathaniel Persily of Stanford Law School and Charles Stewart III of MIT together run the Stanford-MIT Healthy Elections Project. Zahavah Levine and Chelsey Davidson manage the project on the Stanford side. Together, they have supervised a collection of students who have produced 32 articles for Lawfare on election administration as part of the project. Benjamin Wittes sat down with all four of them to discuss how the election is actually going, what the rules of mail-in voting are, how litigation has affected the conduct of the vote, if we have enough poll workers and what results we can expect this evening.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

We're all hoping for a peaceful Election Day tomorrow, but some people are worried about violence at the polls. Two of those people are Dan Byman, senior fellow in the Center for Middle East Policy at the Brookings Institution, the foreign policy editor of Lawfare and a professor at Georgetown University; and Colin Clarke, a senior research fellow at the Soufan Center and an assistant teaching professor at Carnegie Mellon University. Together, they wrote a piece on the Brookings FixGov blog on why the risk of election violence is high. They joined Benjamin Wittes for an unnerving conversation about the set of facts that led them to write such an alarming piece, how violence could manifest at the polls and what could ease the threat.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

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

On this episode of Lawfare's Arbiters of Truth series on disinformation, Evelyn Douek and Quinta Jurecic spoke with Casey Newton, veteran Silicon Valley editor for The Verge who recently went independent to start a newsletter on Substack called Platformer. Few people have followed the stories of platforms and content moderation in recent years as closely and carefully as Casey, so Evelyn and Quinta asked him about what’s changed in the last four years—especially in the lead-up to the election. They also spoke about the challenges of reporting on the tech industry and whether the increased willingness of platforms to moderate content means that the name of this podcast series will have to change.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

There is a human rights crisis going on in the Chinese province of Xinjiang. The Chinese government has been rounding up minority groups, most notably the Uighurs, and putting them into forced labor and reeducation camps. The government has gone to great lengths to keep Xinjiang away from international attention, and it has had some success in doing so. Jordan Schneider, the host of the ChinaTalk podcast, wrote an essay on Lawfare last week outlining how the U.S. can respond and push back on the Chinese government's abuses in the region. During a live event for ChinaTalk, Lawfare's Jacob Schulz talked through Xinjiang and potential U.S. responses with Schneider and Sheena Greitens, an associate professor at UT Austin's LBJ School of Public Affairs.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Jack Goldsmith sat down with Stephen Wertheim, deputy director of research and policy at the Quincy Institute for Responsible Statecraft. He is the author of the new book, "Tomorrow, the World: The Birth of U.S. Global Supremacy." They discussed the surprising World War II origins of U.S. hegemonic militarism, the changes in what it meant to be an internationalist during this period and the domestic political origins of the U.S. embrace of the UN Charter. They also discussed the relationship between Wertheim's book and his work for the Quincy Institute, a think tank devoted to fostering U.S. military restraint.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This month, the House Permanent Select Committee on Intelligence's Subcommittee on Strategic Technologies and Advanced Research released a report entitled, "Rightly Scaled, Carefully Open, Infinitely Agile: Reconfiguring to Win the Innovation Race in the Intelligence Community." Susan Hennessey sat down with Subcommittee Chair Congressman Jim Himes of Connecticut to discuss the challenges the United States is facing with near-peer national competitors in science and technology and the impact on the intelligence community. They talked about the role of China, stemming intelligence community brain drain, the need for basic research and how Congress can heal itself to become part of the solution.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

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

On this episode of Lawfare's Arbiters of Truth series on disinformation, Alina Polyakova and Quinta Jurecic spoke with Janine Zacharia, the Carlos Kelly McClatchy Lecturer in Stanford’s Department of Communication, and Andrew Grotto, director of the Program on Geopolitics, Technology and Governance and the William J. Perry International Security Fellow at Stanford’s Cyber Policy Center. In 2016, a key part of the Russian influence campaign involved the hacking and leaking of emails belonging to the Democratic Party and Clinton campaign chairman John Podesta. Journalists at mainstream news outlets rushed to write up the emails without giving adequate context to how they had been obtained. So how can the press avoid a similar disaster in 2020? Zacharia and Grotto teamed up in recent months to write a playbook for reporters facing the dilemma of writing about hacked material or disinformation without participating in a disinformation campaign. (They’ve also written an article on the subject for Lawfare.) They spoke with Alina and Quinta about their recommendations for reporters, what the American press might be able to learn from colleagues abroad and how to assess the mainstream media’s response to the New York Post’s bizarre reporting on Hunter Biden.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

While everyone’s attention has been focused on the coronavirus and the run-up to the 2020 election, a lot has been happening at the U.S. Agency for Global Media, which oversees a number of government-funded entities, including the Voice of America. Michael Pack, a conservative filmmaker, was confirmed as the head of the Agency for Global Media in June after much controversy on Capitol Hill. Once installed, Pack gutted the top leadership and took actions critics say breached the firewall meant to protect these various overseas news outlets from politicization. He held back congressionally appropriated funds and even defied a bipartisan congressional subpoena for his testimony. Investigations have been opened, and lawsuits have been filed. Margaret Taylor sat down with NPR’s David Folkenflik to sort it all out.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

One of the most interesting strategic developments in the past few years has been the Quadrilateral Security Dialogue, or Quad—the growing partnership between the United States, Japan, Australia and India. To look at how this institution resurrected itself after a false start back in 2007, what it is and isn't doing now, and whether China is right to look warily at this dialogue, David Priess spoke with Tanvi Madan, a senior fellow in the Foreign Policy Program and the director of The India Project at the Brookings Institution, and Lavina Lee, a senior lecturer at Macquarie University in Sydney, Australia, who was appointed by the defense minister in Australia to be a director of the Australian Strategic Policy Institute Council in Canberra earlier this year. The World As You’ll Know It is available now, on Apple Podcasts, Spotify, and wherever you get your favorite podcasts.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On October 14, the New York Post began publishing what it touted as a series of blockbuster articles on emails and photos obtained from a laptop mysteriously abandoned at a Delaware computer repair shop—emails and photos that, the Post announced, belonged to Democratic presidential nominee Joe Biden’s son, Hunter. The materials had been provided to the tabloid by President Trump’s lawyer Rudy Giuliani. And from there, it only gets weirder. In the eyes of many commentators, this looked like a continuation of Giuliani’s 2019 efforts to smear Joe Biden by claiming falsely that, while vice president, Biden had intervened to protect a Ukrainian company for which Hunter was working from investigation by Ukrainian law enforcement. That didn’t add up then, and it doesn’t now—the elder Biden’s work in Ukraine was aimed at combating corruption, not enabling it. But nevertheless, Trump and other Republicans are seizing on the Post’s stories—and complaining about efforts by social media companies to limit distribution of the stories on their platforms. To get some perspective on what’s been going on, Quinta Jurecic spoke with Thomas Rid, a Professor of Strategic Studies at Johns Hopkins University's School of Advanced International Studies and the author of the book “Active Measures,” and Evelyn Douek, cohost of Lawfare’s Arbiters of Truth podcast series on disinformation and a lecturer at Harvard Law School.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The past year has been a difficult one for the U.S. relationship with Iraq, a country that has increasingly found itself caught in the middle of the Trump administration's maximum pressure campaign against Iran and Iran's own efforts to strike back at the United States. Now, the relationship between the United States and Iraq appears to be reaching a new low, as Secretary of State Mike Pompeo has reportedly threatened to close the U.S. Embassy in Baghdad unless the Iraqi government does more to thwart attacks by militias associated with Iran against U.S. personnel stationed there. But is the Trump administration really willing to take such a dramatic and seemingly self-defeating step? Or are there other factors at play? To find out, Scott R. Anderson sat down with former ambassador Doug Silliman who knows the situation in Baghdad like few others. They discussed the threat to close the embassy, the legacy of the Soleimani strike for the bilateral U.S.-Iraq relationship and what the future that relationship might look like if Secretary Pompeo makes good on his threat.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On this episode of Lawfare's Arbiters of Truth series on disinformation, Evelyn Douek spoke with Maria Ressa, a Filipino-American journalist and co-founder of Rappler, an online news site based in Manila. Maria was included in Time's Person of the Year in 2018 for her work combating fake news, and is currently fighting a conviction for “cyberlibel” in the Philippines for her role at Rappler. Maria and her fight are the subject of the film, “A Thousand Cuts,” released in virtual cinemas this summer and to be broadcast on PBS Frontline in early next year. As a country where Facebook is the internet, the Philippines was in a lot of ways ground zero for many of the same dynamics and exploitations of social media that are currently playing out around the world. What is the warning we need to take from Maria’s experience and the experience of Philippine democracy? Why is the global south both the beta test and an afterthought for companies like Facebook? And how is it possible that Maria is still, somehow, optimistic?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Last Friday, Lawfare's chief operating officer, David Priess, published a piece on the site titled, "The Powerful Norm of Accepting the Results of a Presidential Election." It recounts the long history, with few exceptions, of presidents and other candidates who respected election results even if they did not go their way—a commitment that the current president and vice president have both failed to make. David joined Benjamin Wittes to discuss the piece, the history, the president and the vice president's statements, and what it all means for the presidency and the transition of power.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Many of us think of the history of the United States' interaction with the world as one of relentless expansion, growth and engagement. From the early colonies, through the Spanish American War, through involvement in two world wars and of course, the Cold War era, the story is one of America increasingly getting involved with countries in its region and around the globe. Charles Kupchan has a thing or two to say about that. He recently researched and wrote the book, "Isolationism: A History of America's Efforts to Shield Itself from the World." He joined David Priess to talk through the idea that much of American history in terms of its relations to the outside world can be explained by isolationist tendencies, with only occasional bursts into more engagement, most notably in the Cold War world. But is that period coming to an end? And how does Donald Trump play into these trends?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Congress is capable of moving a Supreme Court justice at record speed, yet it can't get coronavirus relief passed. It has struggled to keep the government open, and it has pending business that it has to accomplish now or during the lame duck session. Margaret Taylor and Molly Reynolds, both of Lawfare and the Brookings Institution, joined Benjamin Wittes for a Lawfare Live event to discuss the health of this first branch of government and its functioning during the combined crises of the coronavirus and an election in the midst of extreme partisan polarization. They talked about how oversight has worked (and how it hasn't), the relationship between Congress and the courts, whether McConnell can get the Supreme Court nomination through and what might be able to stop him.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Andrew Weissmann was the general counsel of the FBI. He was the head of the Justice Department's fraud section and helped run the Enron Task Force. And yet, he is best known these days for having been one of Bob Mueller's top prosecutors—and certainly the most smeared of Bob Mueller's prosecutors. Weismann's name became a kind of tagline for Mueller's supposedly evil alter ego as the investigation went on, and Andrew's new book, "Where Law Ends: Inside the Mueller Investigation," recounts the whole experience. In it, Weissman describes what the Mueller investigation did right, what it did wrong, what it could have done differently and how it all went down from the inside. He joined Benjamin Wittes for a Lawfare Live event to discuss the book.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On this episode of our Arbiters of Truth series on disinformation, Evelyn Douek and Quinta Jurecic spoke with Yochai Benkler, a professor at Harvard Law School and co-director of the Berkman Klein Center for Internet and Society. With only weeks until Election Day in the United States, there’s a lot of mis- and disinformation flying around on the subject of mail-in ballots. Discussions about addressing that disinformation often focus on platforms like Facebook or Twitter. But a new study by the Berkman Klein Center suggests that social media isn’t the most important part of mail-in ballot disinformation campaigns—rather, traditional mass media like news outlets and cable news are the main vector by which the Republican Party and the president have spread these ideas. So what’s the research behind this counterintuitive finding? And what are the implications for how we think about disinformation and the media ecosystem?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

We have an election in less than a month, and a lot of analysts seem to be expecting contested results. Doomsday scenarios are playing out in the pages of national magazines, the campaigns are gearing up for legal challenges and a lot of people are super worried about it. But there's something missing from a lot of these conversations: actual state law. State laws are the rules under which an election will initially be challenged, and they differ a great deal from jurisdiction to jurisdiction. Benjamin Wittes sat down with Scott Anderson who led a team for Lawfare that surveyed the key battleground states' challenge regimes for contested elections. They talked about how these regimes differ, how they are similar, which ones give rise to particular concerns and what it all means for the upcoming federal election.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Starting in January 2017, John Brennan became one of President Trump's most blunt critics among former national security professionals. In the years since, he has been working on writing a book, now available, called "Undaunted: My Fight Against America's Enemies at Home and Abroad." David Priess sat down with John to talk about the book and his career. They talked about what brought him to the CIA, his career as a CIA officer and manager, his work overseas at the CIA, his time at the White House as the Deputy Assistant to the President for Homeland Security and Counterterrorism for President Obama in his first term, and his time as CIA director in President Obama's second term. They covered some controversies, including enhanced interrogation, the reorganization of the CIA in the so-called "modernization effort," Russian interference in the 2016 election, and of course, his outspoken criticisms of the president ever since.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

President Trump is at Walter Reed with the COVID virus. A large number of executive and legislative branch officials have also tested positive. What happens when the president is seriously ill? What happens when the president is incapacitated? And what happens when a presidential candidate falls seriously ill—after people have already started voting? These are not all questions entirely answered by the law, but they are all questions on which the law has something to say. To talk it all through, Benjamin Wittes spoke with an all Lawfare panel including managing editor Quinta Jurecic, founding editor Jack Goldsmith and chief operating officer David Priess.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On September 25, the Royal Canadian Mounted Police arrested a Canadian man for faking his involvement in the Islamic State. It’s a strange charge, but the situation is made more complicated by the fact that the man—who goes by the nom de guerre Abu Huzayfah—was the primary subject of “Caliphate” a popular New York Times podcast series about the Islamic State. In that series, Abu Huzayfah talked at length about spending time with the Islamic State and rehashed in great detail his involvement in the executions of prisoners detained by the group. It’s a complicated set of facts with a lot to unpack. Do we have any real sense of what happened? What features of the Canadian national security apparatus might have contributed to the bizarre situation? And what does the whole ordeal reveal about the challenges and pitfalls of telling stories about the war on terror? To talk through everything, Jacob Schulz spoke with Leah West, a lecturer at the Norman Paterson School of International Affairs at Carleton University and a fellow at the McCain Institute, and Amarnath Amarasingam, an assistant professor in the School of Religion at Queen’s University.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On this episode of Lawfare's Arbiters of Truth series on disinformation, Evelyn Douek and Quinta Jurecic talked about how everything is on fire—not metaphorically, but literally. In recent months, wildfires in the American West have caused unprecedented devastation and forced thousands of people to evacuate their homes. And along with the fires, the West has been grappling with a surge of false material circulating online about the flames. But this isn’t the first time wildfires and disinformation have gone together. This past December and January, Australia was hit with both a brutal bushfire season and a similar wave of disinformation and misinformation about what sparked the fires and the role of climate change. Evelyn and Quinta spoke about the offline and online conflagrations on both sides of the Pacific with Charlie Warzel of the New York Times and Cam Wilson, a reporter for Gizmodo Australia and Business Insider Australia.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On Sunday, September 27, the New York Times dropped bombshell new reporting on nearly two decades of Donald Trump's tax return data. The story has attracted enormous attention and paints a dismal picture. Donald Trump paid no personal income taxes for 11 of the past 18 years, he uses tax deductions aggressively, and last year he paid only $750 in federal income tax. So, is this a story of a president merely in massive debt, or is there something more sinister at play? To whom does the president owe all this money? And what are the national security risks of the president being in this sort of financial position? To try to break it all down, Susan Hennessey sat down with Margaret Taylor, a fellow at Brookings and senior editor at Lawfare; Daniel Drezner, a professor of international politics at the Fletcher School of Law and Diplomacy at Tufts University and the author of "The Toddler in Chief: What Donald Trump Teaches Us about the Modern Presidency"; and Adam Davidson, a contributing writer to The New Yorker who has written extensively on Trump's financial entanglements.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

James A. Baker III has been a lawyer, a presidential campaign manager, the White House Chief of Staff for two presidents, the Secretary of the Treasury, the Secretary of State and the point person for George W. Bush in the 2000 Florida recount. His career demonstrates what it takes to acquire political power; to wield it effectively to reach bipartisan compromises, even after bitter campaigns; and to wrestle with the tension between partisan loyalty and the principles of good government. David Priess spoke about Baker's remarkable life and career with Peter Baker of the New York Times and Susan Glasser of The New Yorker, authors of the new book, "The Man Who Ran Washington: The Life and Times of James A. Baker III."Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

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

Rebecca Lissner is an assistant professor at the U.S. Naval War College. Mira Rapp-Hooper is a senior fellow at Yale Law School's Paul Tsai China Center. Together, they are the authors of "An Open World: How America Can Win the Contest for 21st-Century Order." It's an ambitious book that looks beyond the liberal world order, arguing that China's rise and America's weakness render the old order obsolete. So, what will replace it? Lissner and Rapp-Hooper argue that the United States should push for an open order. They joined Benjamin Wittes to discuss why the liberal world order is failing, what role Donald Trump plays in that, whether it can be rehabilitated and what it means to have the open order that they are describing.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

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

Bobby Chesney sat down with former Secretary of Homeland Security Jeh Johnson and Texas Congressman Chip Roy as part of the 2020 Texas Tribune Festival. They discussed Portland, DHS, domestic violence and even the shortage of civil discourse in our society.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.