PLAY PODCASTS
The Lawfare Podcast

The Lawfare Podcast

2,951 episodes — Page 49 of 60

Ep 493What Fresh Disinformation Hell Awaits in 2020?

It’s 2020, and The Lawfare Podcast's Arbiters of Truth series on disinformation is back for the new year. Quinta Jurecic sat down with cohosts Evelyn Douek, Kate Klonick, and Alina Polyakova to discuss what they’ve learned over the last few months of putting together this podcast—and what they should expect for the year to come. What new regulation or oversight mechanisms will we see for social media companies? Should Twitter remove or hide the president’s tweets? How should we think about the unique challenges of addressing disinformation and misinformation in an election year in the United States? And just how bad are things going to get?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Jan 9, 202039 min

Ep 492Lawfare AMA 2020

To kick off this year of The Lawfare Podcast, we wanted to hear from you. You tweeted your questions and you left us voicemails, and we did our best to answer you. Benjamin Wittes, Susan Hennessey, Bobby Chesney, David Priess, Quinta Jurecic, David Kris, Scott R. Anderson, Molly Reynolds, and Margaret Taylor came together to tackle your impeachment questions, your foreign policy questions, your FISA questions, your recommendation requests, and everything in-between. Thank you for your questions. And as always, thank you for listening.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Jan 8, 20201h 25m

Special Edition: Law and the Soleimani Strike

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

Jan 6, 20201h 2m

Special Edition: The Soleimani Strike and Its Fallout

The American drone strike last night that killed Qassem Soleimani, the commander of the Iranian Quds Force, is a seismic event in U.S.-Iranian relations—and for the broader Middle East. We put together an emergency podcast, drawing on the resources of both Lawfare and the Brookings Institution and reflecting the depth of the remarkable collaboration between the two. Iran scholar Suzanne Maloney, terrorism and Middle East scholar Daniel Byman, Middle East scholar and former State Department official Tamara Cofman Wittes and former State Department lawyer and Baghdad embassy official Scott Anderson—who is also a Lawfare senior editor—came together the morning after the strike for a diverse discussion of the reasons for the operation, the vast repercussions of it, the legality of the strike and the role Soleimani played in the Iranian regime.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Jan 3, 202055 min

Ep 491Upheaval and Repression in Iran

Iran is in turmoil. Protests erupted across the country last month, sparked by the government's decision to triple the price of gasoline. The Iranian government has responded with brute force, imposing a blackout of the internet and deploying security forces to crack down in the streets. The crackdown has left hundreds dead and thousands injured or detained. On December 18, the Center for Middle East Policy at the Brookings Institution hosted a discussion on the unrest in Iran, what it means for the future of the country and the region, and how the United States and the international community should respond. Washington Post columnist David Ignatius led the conversation, which featured Brookings senior fellow Suzanne Maloney and film maker and journalist Maziar Bahari, who leads IranWire, a news site that conveys original information from Iran via citizen journalists.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Jan 1, 20201h 16m

Ep 490Danielle Citron on Feminism and National Security

Live from the #NatSecGirlSquad Conference in Washington, DC, on December 12, 2019, Benjamin Wittes sat down with Danielle Citron, professor of law at Boston University, VP of the Cyber Civil Rights Initiative, and MacArthur Genius Grant Fellow. Ben and Danielle talked about technology, sexual privacy, sextortion, and the previously unexplored intersections of feminism and cybersecurity.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Dec 28, 201943 min

Ep 489What's Next for Impeachment

On Thursday, December 19, the House of Representatives voted to impeach President Donald Trump for abuse of power and obstruction of Congress. Before that vote, the Brookings Institution's Governance Studies program assembled an all-star panel—Sarah Binder, William Galston, John Hudak, Molly Reynolds, and Lawfare's own Benjamin Wittes—to talk through how we got here and just what might happen next.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Dec 24, 20191h 19m

Ep 488Amanda Sloat on Boris Johnson and Brexit

This week, following a resounding victory by Boris Johnson and his Conservative Party in British elections, Members of Parliament have backed Johnson’s plan to withdraw from the EU by January 31. But before they did that, Benjamin Wittes got on the phone from an undisclosed location with Brookings senior fellow and Brexit expert Amanda Sloat—who was here in the Jungle Studio—to discuss Britain’s recent election, what it means for Brexit, and what it might portend for the future of the United Kingdom.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Dec 21, 201936 min

Ep 487Peter Pomerantsev on the War Against Reality

In this episode of our Arbiters of Truth series, Alina Polyakova and Quinta Jurecic spoke with Peter Pomerantsev, a research fellow at the SNF Agora Institute at Johns Hopkins University and the author of "This is Not Propaganda: Adventures in the War Against Reality." The book explores how the nature of propaganda has shifted as authoritarian governments move from silencing dissent to drowning dissent out with squalls of disinformation. Pomerantsev argues that this transformation traces back to the cynicism and chaos in Russia after the fall of the Soviet Union, but now it's become all too familiar around the world.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Dec 19, 201941 min

Ep 486Peter Bergen on 'Trump and His Generals'

You probably know Peter Bergen from his work at CNN, his books on terrorism and national security, or perhaps his role as vice president at New America. Now, he's turned his reporting and analysis to President Trump, to President Trump's advisors, and to the impact of those relationships on U.S. national security. David Priess sat down with Peter to talk about his new book: "Trump and His Generals," the president's confusing mix of attraction to senior military leaders and disdain for their advice, and what it all means for foreign policy in Washington.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Dec 17, 201949 min

Ep 485Countering Chinese Espionage

Recently, former CIA officer Jerry Lee was arrested and sentenced for his role in misusing classified information. At the same time, reporting indicates that CIA officers in China have been arrested or turned by Chinese authorities. What's the connection between these two? And what does it mean for Chinese counterintelligence work overall? David Priess sat down with John McLaughlin, practitioner-in-residence at the Johns Hopkins School of Advanced International Studies and former acting director of the Central Intelligence Agency, and Shane Harris, intelligence and national security reporter for The Washington Post whose reporting covered much of the Jerry Lee case. They talked about, of course, the Jerry Lee case, counterintelligence in China, and the impact on the U.S.-China relationship.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Dec 14, 201949 min

Ep 484Tiffany Li on Privacy and Disinformation

In this episode from Lawfare's Arbiters of Truth series on disinformation in the run-up to the 2020 election, Quinta Jurecic, Evelyn Douek, and Alina Polyakova spoke with Tiffany Li, a visiting professor at Boston University and a fellow at the Information Society Project at Yale Law School. Tiffany writes on all the issues discussed on this podcast—disinformation, misinformation, and platform governance—but with an additional twist. She’s also a privacy scholar. They talked about how privacy law can inform platform governance, and how prioritizing privacy might help tackle disinformation—as well as what tensions there might be between those two goals.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Dec 12, 201938 min

Bonus Edition: Michael Horowitz vs. the Committee with No Bull

Department of Justice Inspector General Michael Horowitz appeared before the Senate Judiciary Committee to discuss his recently released report on the Russia investigation. The hearing was contentious and occasionally devolved into speechify-ing. But we cut out all the unnecessary repetition and theatrics to leave you with just the questions and answers that you need to hear.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Dec 12, 20192h 0m

Ep 483Investigations All the Way Down

We have articles of impeachment. We have a very long inspector general report on the FBI's Crossfire Hurricane investigation. And we have a Lawfare Podcast that you won't want to miss. Benjamin Wittes spoke with Margaret Taylor, Quinta Jurecic, Jack Goldsmith, and David Kris about the new articles of impeachment unveiled today and the inspector general's investigation. They talk about where the report vindicates the FBI, where it severely criticizes the FBI, and those very peculiar statements from the attorney general and John Durham, the U.S. attorney from Connecticut. Thanks to Grammarly for supporting The Lawfare Podcast. For 20% off a Grammarly premium account, go to Grammarly.com/lawfare.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Dec 11, 20191h 7m

Bonus Edition: The House Intelligence Committee vs. the House Judiciary Committee with No Bull

In a marathon day, the House Judiciary Committee heard testimony from Judiciary and Intelligence Committee staffers Barry Berke, Daniel Goldman and Steven Castor. The hearing was contentious and filled with interruptions, but we cut out all the grandstanding and theatrics to leave you with just the questions and answers that you need to hear. 00:00:30: Berke 00:30:30: Castor I 00:56:00: Goldman 1:41:00: Castor II 2:27:30: Rep. Nadler/Majority Counsel 3:14:00: Rep. Collins/Minority Counsel 3:52:00: Member questionsSupport this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Dec 10, 20195h 40m

Ep 482Cybersecurity Futures

Wargaming has long been a staple of military strategizing, but how do we plan for the future in cyberspace, a realm where governments do not hold a monopoly on capabilities? A new report from the Atlantic Council argues that "visualizing and describing the evolution of cyber capabilities and strategic competition require envisioning multiple futures," and the report sets out to do exactly that. This week, Lawfare's Susan Hennessey sat down with John Watts, a senior fellow at the Atlantic Council's Skowcroft Center for Strategy and Security, and JD Work, the Bren Chair for Cyber Conflict and Security at the Marine Corps University, who are authors of "Alternate Cybersecurity Futures," along with Nina Kollars, Ben Jensen, and Chris Whyte. They talked about the behind-the-scenes of strategic policy planning, the value of creativity, and what scenarios emerge when you ask cybersecurity experts to predict the future.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Dec 7, 201942 min

Ep 481Another Week of Impeachment

It's another week of impeachment, and we thought it warranted gathering everyone around the table to talk about it. Margaret Taylor, David Priess, Susan Hennessey, and Scott R. Anderson joined Benjamin Wittes in the Jungle Studio to talk about the Schiff report, the Nunes/Jordan pre-rebuttal report, the House Judiciary Committee hearing Wednesday with a bunch of law professors, and Nancy Pelosi's message on Thursday afternoon that impeachment was going forward.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Dec 6, 20191h 2m

Ep 480David Kaye on Policing Speech Online

For this episode of our Arbiters of Truth series on disinformation in the run-up to the 2020 election, Quinta Jurecic and Evelyn Douek spoke with David Kaye, the United Nations special rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression. David has argued that social media companies should adopt international human rights law as the standard for content moderation, an idea that's becoming increasingly popular in recent years. And, he has a new book: "Speech Police: The Global Struggle to Govern the Internet." They talked about international law, fake news, and the pitfalls and promises of internet governance.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Dec 5, 20191h 3m

Ep 479Senator Kaine on War Powers and the Coming Impeachment Trial

Senator Tim Kaine is perhaps best known as Hillary Clinton's 2016 vice presidential running mate. For purposes of Lawfare, however, he is better understood as the Senate's leading exponent of congressional authority in the war powers domain. Benjamin Wittes sat down with Senator Kaine in the Senate Russell Office Building to talk about all things war powers. They talked about the United States' new military deployment to Saudi Arabia, congressional anxieties about it, the administration's unwillingness to go to Congress for authorization, and the larger drift of congressional war powers to the executive branch. They also talked, of course, about impeachment—just a little bit. Thanks to Grammarly for supporting The Lawfare Podcast. For 20% off a Grammarly premium account, go to Grammarly.com/lawfare.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Dec 3, 201935 min

Ep 478Tamara Cofman Wittes and Brian Egan on Law, Policy, and the U.S. Role in the Middle East

Last month, Tamara Cofman Wittes, senior fellow at the Brookings Institution and former deputy assistant secretary of state for Near Eastern affairs, and Brian Egan, former legal advisor to the State Department and National Security Council, participated in the Ambassador J. Christopher Stevens Memorial Lecture at the UC Hastings Law School. Ambassador Stevens, who died tragically in the attack against the U.S. special mission in Benghazi in 2012, was a proud alumnus of UC Hastings. In his memory, his family generously endowed an annual lecture on a current topic in foreign relations. This year's event featured a panel discussion with Cofman Wittes and Egan, moderated by Professor Chimène Keitner, on U.S. law and policy in the Middle East. The conversation takes a step back from current events to look at the broader strategic landscape following the U.S. withdrawal from Syria.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Nov 30, 20191h 18m

Ep 477Brian Kalt on Presidential Inability

Brian Kalt is a professor of law at Michigan State University. In 2012, he wrote "Constitutional Cliffhangers, " a book about all of the gaps in and the potentially disruptive interpretations of the text of the U.S. Constitution. His new book, "Unable: The Law, Politics, and Limits of Section 4 of the Twenty-Fifth Amendment," is about the mere 270 words that comprise that section. David Priess spoke with Brian about the need for something better than what the original Constitution said about presidential incapacity; the drafting of the 25th Amendment and the discussions around its various provisions; how the media, TV shows, movies, and books often get important parts of the 25th Amendment wrong; and how an invocation of the 25th Amendment's 4th section would actually work.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Nov 26, 20191h 3m

Ep 476The Week that Was on Impeachment

It's the week it all went public. What had been dry pages of deposition transcript turned into live witnesses, sometimes many of them a day, in front of the House impeachment investigation. It was a lot of material, and we assembled quite the group to break it all down for you. Benjamin Wittes sat down with Scott R. Anderson, Susan Hennessey, Margaret Taylor, and Alina Polyakova to talk about what's happened this week, the new information we got and what it means that we have it all live in person, the foreign policy implications, disinformation, and what comes next as impeachment rolls on.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Nov 23, 201953 min

Bonus Edition: Fiona Hill and David Holmes vs. the Committee with No Bull

On Thursday, Fiona Hill, the former National Security Council Russia adviser, and David Holmes, counselor for political affairs at the U.S. embassy in Ukraine, testified before the House Intelligence Committee. Here is the testimony of Hill and Holmes with no member-infighting, no speechifying, and no unnecessary fluff. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Nov 22, 20192h 41m

Ep 475Ben Nimmo on the Whack-a-Mole Game of Disinformation

In a new episode of Lawfare's Arbiters of Truth series on disinformation in the run-up to the 2020 election, Quinta Jurecic, Evelyn Douek, and Alina Polyakova, spoke with Ben Nimmo, the director of investigations at Graphika. They talked about how disinformation works; how a researcher knows where to look to find disinformation; how to tell when a strange pattern of tweets or Facebook posts is actually a disinformation campaign; and whether it's possible to counter these campaigns effectively, or if this work is just a never-ending game of whack-a-mole.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Nov 21, 201945 min

Bonus Edition: Laura Cooper and David Hale vs. the Committee with No Bull

The evening testimony on Nov. 20 extended into the night, so we are bringing the podcast version to you this morning. The House Intelligence Committee heard from Deputy Assistant Secretary of Defense Laura Cooper and Under Secretary of State David Hale. We’ve taken out all the grandstanding and all the repetition, so you can just listen to the portions of the testimony that you need to hear.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Nov 21, 20191h 7m

The Lawfare Podcast Bonus Edition: Gordon Sondland vs the Committee with No Bull

It was another exciting day at the House Permanent Select Committee on Intelligence. U.S. Ambassador to the European Union Gordon Sondland testified in the impeachment inquiry. While two more officials testified in a second hearing after Sondland, we thought his testimony was important enough to bring you ASAP. Here is the testimony of Amb. Sondland in the impeachment inquiry with no member-infighting, no speechifying, and no unnecessary fluff. Here are some time-stamps to guide your listening: Sondland opening: 00:00:59 Democratic Counsel (and Chairman Schiff) 00:37:15 Republican Counsel (and Ranking Member Nunes) 1:23:30 Democratic Counsel (and Chairman Schiff) 2:07:15 Republican Counsel (and Ranking Member Nunes) 2:40:30 Member Questions: 3:00:00Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Nov 21, 20193h 39m

The Lawfare Podcast Bonus Edition: Volker and Morrison vs The Committee with No Bull

In the afternoon of Nov. 20, the committee heard from Tim Morrison, the former senior director for Europe and Russia at the National Security Council, and Kurt Volker, the former U.S. special envoy to Ukraine. At Lawfare, we have taken out all the unnecessary speeches, partisan bickering, and repetition to bring you just the portions of the testimony you need to hear. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Nov 20, 20192h 51m

The Lawfare Podcast Bonus Edition: Vindman and Williams vs The Committee with No Bull

On the morning of Nov. 20, the committee heard testimony from Lt. Col. Alexander Vindman, U.S. Army officer and the top Ukraine expert on the National Security Council, and Jennifer Williams, a foreign service officer detailed to the Vice President's staff. We have taken out all the unnecessary speeches, partisan bickering, and repetition to bring you just the portions of the testimony you need to hear.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Nov 20, 20192h 43m

Ep 474Sen. Mark Warner and Rep. Jim Himes on Catching the Cybercriminal

On Monday, Benjamin Wittes moderated a discussion with Senator Mark Warner and Representative Jim Himes at NYU Law School as part of the "Catching the Cybercriminal: Reforming Global Law Enforcement" conference sponsored by the Center for Cybersecurity at NYU, the Journal of National Security Law and Policy, and Third Way. Sen. Warner is the vice chairman of the Senate Intelligence Committee and the co-founder of the Senate Cybersecurity Caucus, and Rep. Himes is a member of the House Intelligence Committee. They talked about the state of cybercrime, whether cybercriminals could be caught, and what more law enforcement in the United States should be doing to curb malicious cyberattacks. Thanks to Grammarly for supporting The Lawfare Podcast. For 20% off a Grammarly premium account, go to Grammarly.com/lawfare.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Nov 20, 20191h 13m

Ep 473Quite a Week

This week, Roger Stone was convicted on seven counts by a jury in the District of Columbia, and three State Department officials testified before the House Impeachment Committee. There's been a lot going on, and Benjamin Wittes assembled an all-star, all-Lawfare crew to talk through it all. Quinta Jurecic, Margaret Taylor, Susan Hennessey, Scott R. Anderson, and David Priess make appearances to talk about different aspects of the week's events. They talked about the Stone verdict, the impact of the testimony on the Hill, the impact on the State Department as it watched its senior officials testify against the president, what to expect next, and how this impeachment fits in with historic impeachments.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Nov 16, 201956 min

The Lawfare Podcast Bonus Edition: Marie Yovanovitch vs The Committee with No Bull

Former Ambassador to Ukraine Marie Yovanovitch testified before the House Intelligence Committee as a part of the impeachment investigation. Yovanovitch answered questions about her career, her experience in Ukraine and her abrupt dismissal. The hearing saw some of the same grandstanding and distractions as the first public hearing, But we cut out all the unnecessary repetition and theatrics to leave you with just the questions and answers that you need to hear.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Nov 16, 20192h 36m

Ep 472Zoe Darmé on the Facebook Oversight Board

Facebook has long been plagued by complaints about unreliable and arbitrary decisions about what does and doesn't appear on the site. In an experiment in incorporating greater transparency and accountability, Facebook has created a new Oversight Board, a body that will have the power to review policy and content moderation decisions made by the platform. But the development of the Board raises a lot of questions. What should this kind of oversight body look like? How will it remain independent? And will Facebook users trust the Board's decisions? In this episode of the new Arbiters of Truth series, Evelyn Douek worked through these questions with Zoe Darmé, manager of Facebook's Global Affairs and Governance team, who is leading the global outreach efforts in support of the Oversight Board.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Nov 14, 201940 min

Bonus Edition: George Kent and Bill Taylor vs The Committee with No Bull

On Wednesday, the House Permanent Select Committee on Intelligence held its first in a series of public hearings pursuant to its impeachment inquiry into President Trump’s efforts to pressure Ukraine to interfere with the 2020 election. Today the committee heard testimony from George Kent, Deputy Assistant Secretary in the European and Eurasian Bureau, and William Taylor, the top U.S. Diplomat in Ukraine. While the witnesses had a compelling story to tell, there was some disagreement among the members about both facts and process, so we cut out all the bickering, all the speechifying, and all the procedural maneuvering to bring you just the testimony that you need to hear.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Nov 14, 20192h 25m

Ep 4712020 Candidates and Executive Power

As the 2020 race heats up, candidates spar over healthcare, immigration reform, affordable housing, and criminal justice issues. Unfortunately, substantive discussions about the candidates' views on executive power are seldom on the agenda. Since the 2008 election, the New York Time’s Charlie Savage has helped rescue the significance of questions of executive power. Savage surveys presidential candidates on a range of executive power questions and publishes their responses. This year, he presented candidates with questions about presidential war powers, military force against American citizens, presidential obstruction of justice, and more. Jack Goldsmith talked with Savage and Justin Florence of Protect Democracy about the history of the executive power survey, the value of the questionnaire, and the takeaways from responses to this year’s questions.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Nov 13, 201942 min

The Report, Episode 15: Mueller's Report

It Friday, March 22, 2019. It’s been nearly two years since Robert Mueller was first appointed Special Counsel. Now, he’s ready to submit a final report to the Attorney General. He has uncovered a sprawling and systematic effort by Russia to interfere in the 2016 election. And he’s developed a mountain of evidence about the president’s efforts to obstruct his investigation, things like witness tampering, ordering the creation of false records, and trying to fire Mueller himself. But Mueller’s got a problem: a Department of Justice memo says he can’t indict a sitting president. So what is he supposed to do with all this evidence? Mueller decides to just lay it all in the report, all 448 pages of it. It’ll be someone else’s problem to decide what to do about it: maybe a future prosecutor, maybe Congress, maybe the America electorate. That isn’t really Mueller’s concern. He’s done what he was asked to do. Now his report can speak for itself. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Nov 10, 201952 min

Ep 470A New Arab Spring in Iraq and Lebanon?

Over the past several weeks, popular protest movements have emerged in both Iraq and Lebanon, expressing widespread discontent with the status quo in both countries. The unrest has led to both the resignation of Lebanese Prime Minister Saad Hariri and a public statement by Iraqi Prime Minister Adil Abdul-Mahdi of his intent to resign as soon as a successor is selected. But protestors also have been the subject of increasingly violent repression, especially in Iraq, where Iranian forces are believed to be actively combatting the demonstrators. To discuss these developments, Scott R. Anderson sat down with Randa Slim of the Middle East Institute; Rasha Al Aqeedi, managing editor of Irfaa Sawtak; and Tamara Cofman Wittes of the Brookings Institution.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Nov 9, 20191h 4m

Ep 469Daphne Keller on Legal Liability for Tech Platforms

In this episode of the Arbiters of Truth series—Lawfare's new podcast series on disinformation in the run-up to the 2020 election—Quinta Jurecic and Evelyn Douek spoke with Daphne Keller, the director of intermediary liability at Stanford's Center for Internet and Society, about the nuts and bolts of content moderation. People often have big ideas for how tech platforms should decide what content to take down and what to keep up, but what kind of moderation is actually possible at scale? And what happens when those decisions come into conflict with different norms of free speech—for example, between the U.S. and Europe? They talked about intermediary liability law in the United States, recent rulings by the Court of Justice of the European Union, and everything in-between.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Nov 7, 201957 min

Ep 468Impeachment and Election Security

Impeachment has dominated the news for more than a month, but the flurry of headlines often leads to more confusion than clarity. Where exactly are we in the process? How does public opinion influence the shape and the ultimate outcome of that process? What will the role of the courts be in the coming months? On Monday, November 4, Darrell West, vice president and director of Governance Studies at Brookings, moderated a panel of Brookings experts discussing impeachment developments and giving helpful context. Joining West were Lawfare's editor-in-chief Benjamin Wittes and three additional Brookings senior fellows: Molly Reynolds, Bill Galston, and Elaine Kamarck. Thanks to Grammarly for supporting The Lawfare Podcast. For 20% off a Grammarly premium account, go to Grammarly.com/lawfare.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Nov 6, 20191h 26m

The Report, Episode 14: The Fixer Flips

We’re almost at the end of our story. This episode will cover the final set of activity that the Special Counsel examines for possible obstruction of justice: the president’s behavior towards his long time attorney Michael Cohen. Unlike the other possible acts of obstruction in Volume II, which mostly occur after Trump takes office, the relevant conduct towards Cohen spans the entire time period at issue in the Mueller investigation. It starts all the way back before the campaign. To Trump Tower Moscow.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Nov 4, 20191h 1m

Ep 467In the Brush in Brooks County

Last month at the Texas Tribune Festival in Austin, Stephanie Leutert, director of the Mexico Security Initiative at the Robert S. Strauss Center for International Security and Law at the University of Texas, joined Bobby Chesney and Sheriff Benny Martinez on stage to discuss an incredible new research project on Lawfare. She and Sheriff Martinez have teamed up to study the large number of migrants who have died hiking in the brush, trying to evade a border patrol checkpoint in Brooks County, TX. They talked about how Sheriff Martinez came to share a large quantity of data with Stephanie on the many people who have died in his county, the challenges of search and rescue and body recovery operations in a rural county, and how Washington policy is making it all worse.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Nov 2, 201955 min

Ep 466Introducing the Arbiters of Truth

This is the first episode in a new special series—"Arbiters of Truth"—about disinformation and online speech in the lead up to the 2020 election. From Russian election interference, to scandals over privacy and invasive ad targeting, to presidential tweets: it’s all happening in online spaces governed by private social media companies. And as the 2020 presidential election draws nearer, these conflicts are only going to grow in importance. In this series, Evelyn Douek, Kate Klonick, Alina Polyakova, and Quinta Jurecic will be talking to experts and practitioners about the major challenges our new information ecosystem poses for elections and democracy in general, and the dangers of finding cures that are worse than the disease. “Arbiters of Truth” is a reference to something Facebook CEO Mark Zuckerberg said right after the 2016 election, when Facebook was still reeling from accusations that it hadn’t done enough to clamp down on disinformation during the presidential campaign. Zuckerberg wrote that social media platforms “must be extremely cautious about becoming arbiters of truth ourselves.” Well, if Facebook doesn’t want to be the arbiter of truth, we’re here to do it for them. In this episode, the group sat down to talk about their work on disinformation and the main questions that they hope to answer in this podcast over the coming months.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Oct 31, 201938 min

Ep 465Phil Mudd on CIA and Enhanced Interrogations

Philip Mudd is currently a counterterrorism and national security analyst with CNN, but before that, Mudd spent 25 years working at the Central Intelligence Agency, on the NSC staff, and eventually at the FBI. His third book is "Black Site: The CIA in the Post-9/11 World." David Priess sat down with Phil to talk about his career at CIA, the book, his research into the advanced interrogations and the interrogation program at CIA after 9/11, and the ethics of it all. Thanks to Grammarly for supporting The Lawfare Podcast. For 20% off a Grammarly premium account, go to Grammarly.com/lawfare.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Oct 30, 201956 min

Special Edition: Syria and The Al-Baghdadi Raid

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.

Oct 29, 201943 min

The Report, Episode 13: Pardons on the Table

It’s January 2018. Paul Manafort and Rick Gates are in a whole lot of trouble. The past is catching up to them. Three months earlier, they’d both been indicted on multiple felony counts and now it looks like there might be even more charges coming. Gates is getting nervous--they’re facing many years in prison. Manafort tells Gates to relax. He’s talked to the president’s personal counsel. He says they’re going to “take care of us.” Manafort tells Gates he’d be stupid to plead guilty now, “just sit tight, we’ll be taken care of.” Gates wants to be crystal clear on what exactly Manafort’s getting at. So he asks: Is the president going to pardon them?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Oct 27, 201955 min

Ep 464Sloat and Thompson on the Shenanigans in the UK

It's been a wild few weeks in British politics: possible new elections scheduled; Brexit impending and then delayed (we think); a possible Brexit deal signed, but not yet ratified; and the personality of Boris Johnson hovering over it all like a brooding omnipresence. A couple of weeks ago, Benjamin Wittes sat down with Helen Thompson, a professor of political economy at Cambridge and one of the two principal voices of the Talking Politics podcast. They had a conversation about the state of British constitutional government, but before we had a chance to run it, a whole lot happened. So, we decided to run the whole conversation despite it being a bit upended by events, and Ben sat down with Amanda Sloat to come in and give an update on what you need to know for this conversation.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Oct 26, 201955 min

Shorts: What William Taylor’s Testimony Adds to the Ukraine Story

Amb. William Taylor, the top U.S. diplomat in Ukraine, testified on Tuesday in a close-door meeting with Congressional committees involved in the impeachment inquiry of President Trump. Tuesday afternoon, the Washington Post published a copy of Taylor’s opening statement. Scott R. Anderson analyzed that statement in an article for Lawfare, explaining what it adds to what we know of L’Affaire Ukrainienne. In the latest edition of the Lawfare Podcast Shorts, you can listen to that article in-full, read by the author, Lawfare’s own Scott R. Anderson.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Oct 23, 201918 min

Ep 463James Verini and Dan Gabriel on the Battle for Mosul

In 2014, the precipitous fall of the ancient city of Mosul signaled the sudden rise to power of the Islamic State, a group that would soon declare a new caliphate from Mosul's Great Mosque. Two years later, Mosul served as one of the group's last major enclaves in Iraq and became the site of grinding, brutal urban warfare as Iraqi forces sought to reclaim control, block by block. Last week, Lawfare senior editor Scott R. Anderson sat down with two journalists who have produced new works documenting the battle for Mosul: veteran war correspondent James Verini, who is the author of the new book "They Will Have to Die Now," and former CIA official Dan Gabriel, who recently directed the documentary film entitled Mosul. They discussed the pivotal role the city has played in recent Iraqi history—and what the struggle over it may be able to tell us about the future of the country and region.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Oct 23, 201945 min

The Report, Episode 12: It Will Never Get Out

It’s February 6, 2018. Don McGahn is back in the Oval Office with President Trump and the new White House chief of staff John Kelly. The New York Times has just published a story reporting that, back in June of 2017, Trump had directed McGahn to have Mueller fired and that McGahn had threatened to resign rather than carry out the order. The story doesn’t look good. Trump says: “You need to correct this. You’re the White House counsel.” Trump wants McGahn to say it never happened. But McGahn knows that it did happen. The White House Counsel is sticking to his guns. He’s not going to lie. The president asks again. Is McGahn going to do a correction? McGahn feels Trump is testing his mettle, seeing how far he can be pushed. And so he answers: No. He’s not. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Oct 20, 20191h 0m

Ep 462What's Going on in Syria

It's been a horrible week in northeastern Syria. The U.S. abandoned its Kurdish allies after the president had a conversation by phone with Turkish President Erdogan and pulled the plug on the stabilizing U.S. presence in the region. The Turkish government began a major incursion over the border, which has produced significant casualties and major questions about ISIS detainees in Kurdish custody. To talk through it all, we pulled together quite a group. In the first half of the podcast, Benjamin Wittes spoke with Gayle Tzemach Lemmon, an adjunct senior fellow at the Council on Foreign Relations, and Scott R. Anderson and Dan Byman, both of Brookings and Lawfare. In the second half, Ben sat down with Oula A. Alrifai, a fellow with the Washington Institute for Near East Policy, and Leah West, a Lecturer of International Affairs at Carleton University in Canada.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Oct 19, 201957 min

Ep 461Chesney, Monaco, McCord, and Rasmussen on Domestic Terrorism

A couple of weeks ago, Lawfare and the Strauss Center for International Security and Law sponsored a series of panels at the Texas Tribune Festival. For this episode, we bring you the audio of our Tribfest event on domestic terrorism—what it is, how we define it, how we outlaw it, and what more we can do about it. David Priess sat down with Bobby Chesney, Lawfare co-founder and professor at the University of Texas School of Law, and former U.S. government officials Lisa Monaco, Mary McCord, and Nick Rasmussen. Thanks to Grammarly for supporting The Lawfare Podcast. For 20% off a Grammarly premium account, go to Grammarly.com/lawfare.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Oct 16, 201958 min