The Lawfare Podcast: Patreon Edition
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Lawfare Daily: A New Exhibition on Visual Investigation with Lisa Luksch, Anjli Parrin, and Brad Samuels
10 oktober 2024 · 42 min
Tyler McBrien, Managing Editor of Lawfare, sat down with Lisa Luksch, a curator at the Architekturmuseum der TUM; Anjli Parrin, Assistant Clinical Professor of Law and Director of the Global Human Rights Clinic at the University of Chicago; and Brad Samuels, a founding partner at SITU and the Director of SITU Research. They talked about a new exhibition, “Visual Investigations: Between Advocacy, Journalism, and Law,” which opens on Oct. 10 at the Architekturmuseum der TUM in Munich. The exhibition explores the emergent field of visual investigation, which brings together interdisciplinary teams of architects, filmmakers, computer scientists, and others who synthesize images, video, and other data to present factual accounts of human rights abuses. Lees meer
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Lawfare Daily: How the FCC is Tackling National Security with Enforcement Bureau Chief Loyaan Egal
9 oktober 2024 · 54 min
For today’s episode, Loyaan Egal, the Chief of the Enforcement Bureau at the Federal Communications Commission (“FCC”), sat down with Lawfare Senior Editor and General Counsel Scott R. Anderson and Lawfare Contributing Editor and Morrison Foerster partner Brandon Van Grack to discuss the FCC’s growing but often underappreciated role in advancing U.S. national security. Lees meer
They covered how the FCC’s mandate intersects with U.S. national security concerns, how the FCC is tackling cutting-edge issues ranging from undersea cables to artificial intelligence-enabled election interference, and what other national security challenges the FCC is looking out for on the horizon.
This episode is part of our special series, “The Regulators,” co-sponsored with Morrison Foerster, in which Brandon and Scott sit down with senior U.S. officials working at the front lines of U.S. national security and economic statecraft.
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Chatter: Stoicism and the Military with Prof. Nancy Sherman
8 oktober 2024 · 1 uur 15 min
Stoicism is having a moment.The ancient philosophy--which posits that you can’t control events, but you can control how you respond to them--has lately been embraced by self-help gurus and tech bros. But Nancy Sherman writes that the tenets of Stoicism have long found a receptive audience in “the military mind.” Whether they know it or not, soldiers, sailors, airmen, and Marines are guided by many of the principles espoused by Epictetus and Marcus Aurelius. Lees meer
Sherman, a professor at Georgetown University, is the author of several books, including Stoic Warriors: The Ancient Philosophy behind the Military Mind. She spoke with Shane Harris about why Stoic virtues resonate with those who serve in uniform and what the philosophy can teach everyone about how to live well amid uncertainty and struggle.
Books and people discussed in this episode include:
“Stoic Warriors: The Ancient Philosophy behind the Military Mind” by Nancy Sherman https://global.oup.com/academic/product/stoic-warriors-9780195315912?cc=us&lang=en&
Cicero https://iep.utm.edu/cicero-roman-philosopher/
Marcus Aurelius https://plato.stanford.edu/entries/marcus-aurelius/
Epictetus https://iep.utm.edu/epictetu/
Seneca’s “De Beneficiis” https://www.gutenberg.org/files/3794/3794-h/3794-h.htm
James Stockdale https://www.defense.gov/News/Feature-Stories/story/Article/2097870/medal-of-honor-monday-navy-vice-adm-james-stockdale/
Thomas Gibbons-Neff https://www.nytimes.com/by/thomas-gibbons-neff
Ian Fishback https://www.npr.org/2023/08/09/1192996954/ian-fishback-who-blew-the-whistle-on-torture-by-the-u-s-military-was-laid-to-res
Hugh Thompson https://www.latimes.com/opinion/op-ed/la-oe-wiener-my-lai-hugh-thompson-20180316-story.html
Edward Villella https://sab.org/scenes/sab-trailblazer-edward-villella/
More about Nancy Sherman https://www.nancysherman.com/
Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Isabelle Kerby-McGowan and Megan Nadolski of Goat Rodeo.…
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Lawfare Daily: Jake Effoduh on AI and the Global South
8 oktober 2024 · 42 min
Jake Effoduh, Assistant Professor at Lincoln Alexander School of Law, joins Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare, to share his research on the Global South’s perspective on AI. Jake has carved a unique and important research agenda looking into how AI advances are impacting the pursuit and realization of human rights in Africa. Lees meer
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Lawfare Daily: Legal Threats to the Jan. 6 Convictions with Kyle Cheney
7 oktober 2024 · 27 min
Kyle Cheney, Senior Legal Affairs Reporter for Politico, discusses his recent Politico article on the legal and political landmines threatening the criminal prosecutions of rioters involved in the Jan. 6 Capitol siege. Lees meer
Lawfare Senior Editor Roger Parloff sat down with Kyle to discuss a serious legal challenge to the key misdemeanor charge leveled in more than 90 percent of Jan. 6 cases, a troubling ruling from the U.S. Court of Appeals for the Fifth Circuit declaring most so-called “geofencing” warrants unconstitutional, and former President Trump’s promises to pardon many Jan. 6 defendants if he wins reelection.
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Lawfare Daily: Trump Trials and Tribulations Weekly Round-up (October 3, 2024)
6 oktober 2024 · 1 uur 20 min
This episode of “Trump's Trials and Tribulations,” was recorded on October 3 in front of a live audience on YouTube and Zoom. Lees meer
Lawfare Senior Editor Scott Anderson spoke to Lawfare Senior Editors Anna Bower, Quinta Jurecic, and Roger Parloff about Special Counsel Jack Smith’s immunity motion in the Jan 6 case against former President Trump, what it means for the future of the case and of course took audience questions.
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Lawfare Archive: Hamas’s Attack on Israel and What Comes Next
5 oktober 2024 · 1 uur
From October 11, 2023: This past Saturday, the terrorist group Hamas launched an unprecedented raid from the Gaza Strip into southern Israel that left more than 1000 people – most of them Israeli civilians, many of them women, children, and the elderly – brutally murdered. Dozens more were taken as hostages back into Gaza. A shocked Israel has in turn responded with missile attacks into Gaza that have killed more than 800 Palestinians there, and is planning a broader offensive there. And as people search for more information on what’s transpired, there are concerns that events may yet spiral out into a broader regional war – one that, among other consequences, might derail efforts at normalization in the Israeli-Saudi relationship that have been a major focus of the United States in recent weeks. Lees meer
To discuss these tragic events and their potentially seismic consequences, Lawfare Senior Editor Scott Anderson sat down with a panel of leading experts: Natan Sachs, Fellow at the Brookings Institution and director of our Center for Middle East Policy; Dan Byman, from the Center for Strategic & International Studies as well as Lawfare’s foreign policy editor; Ghaith al-Omeri of the Washington Institute for Near East Policy; and Lawfare’s own Editor-In-Chief Benjamin Wittes. They discussed the ripple effects the attack is having throughout the region, the role that Iran and other actors may have played, and what it may yet mean for the region and the broader world.
Please note that this episode contains content that some people may find disturbing. Listener discretion is advised.
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Lawfare Daily: Gavin Newsom Vetos a Controversial AI Safety Bill
4 oktober 2024 · 48 min
California Governor Gavin Newsom recently vetoed SB 1047, the controversial AI safety bill passed by the California legislature. Lawfare Senior Editor Alan Rozenshtein sat down with St. Thomas University College of Law Assistant Professor Kevin Frazier and George Mason University Mercatus Research Fellow Dean Ball to discuss what was in the bill, why Newsom vetoed it, and where AI safety policing goes from here. Lees meer
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Rational Security: The “Dog Sh*t Daily” Edition
3 oktober 2024 · 1 uur 28 min
This week, Scott sat down with his Lawfare colleagues Benjamin Wittes, Quinta Jurecic, and Tyler McBrien to try to make sense of the week’s biggest national security news stories, including: Lees meer
“Pulling Up the Escalation Ladder.” Israel’s escalating campaign against Hezbollah turned regional yesterday, as Iran launched a salvo of more than 180 ballistic missiles against Israel. While the damage was limited, both Israel and the United States have promised consequences. What strategies are Israel, Iran, and the United States pursuing in all this? And where will it lead?
“At Least He Didn’t Get Aslan Killed.” New York City Mayor Eric Adams’s passion for Turkish delights has led to his indictment on multiple charges relating to alleged corruption, specifically at the behest of individuals associated with the Turkish and potentially other foreign governments. Adams, in turn, claims he is being targeted for, among other reasons, speaking out about immigration concerns. What is the real driver behind Adams’s indictment?
“Devil Came Down to Georgia.” Hurricane Helene wreaked havoc on the American southeast this past week—not just in coastal areas accustomed to hurricane season damage, but also deep inland as it cut through and past the Gulf of Mexico. In parts of southern Appalachia, the storm caused immense flooding that has wiped out whole towns and resulted in dozens of deaths. The aftermath is raising countless policy concerns, from ways to heighten resilience to concerns over the impact on the forthcoming general election. How should hurricanes and other extreme weather events—widely understood to be, in part, products of climate change—figure into our national security?
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Lawfare Daily: Key Takeaways from the U.N. General Assembly’s Recent High-Level Meetings with Richard Gowan
3 oktober 2024 · 50 min
For today’s episode, Lawfare General Counsel and Senior Editor Scott R. Anderson sat down with Richard Gowan, the U.N. Director for the International Crisis Group, to review what went down at the recent U.N. General Assembly High-Level Week. Lees meer
They discussed how the national leaders who gathered in New York for the meetings responded to the ongoing conflicts in Gaza, Ukraine, and Sudan; how strategic competition between China, Russia, and the United States shaped the proceedings; and what it can tell us about where the United Nations is headed.
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Lawfare Daily: Hezbollah, Lebanon, Israel, Iran
2 oktober 2024 · 55 min
Israel has hit Hezbollah very hard over the past few days, killing much of its senior leadership and eroding its capabilities. It has also displaced hundreds of thousands of Lebanese and now has ground forces in Lebanon. Iran has responded with a missile barrage against Israel, to which an Israeli response is widely expected. To discuss the latest events in the expanding war, Lawfare's Editor-in-Chief Benjamin Wittes sat down with Firas Maksad of the Middle East Institute, Natan Sachs of the Brookings Institution, and Lawfare Senior Editor Scott R. Anderson. Lees meer
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Chatter: Anti-Semitic Conspiracy Theories and Pop Culture, with Mike Rothschild
1 oktober 2024 · 1 uur 14 min
Conspiracy theories about supposed Jewish control of global finance and politics have been circulating and influencing popular culture for centuries, with the spotlight often falling on the Rothschild family. Author Mike Rothschild (no relation), who has researched and written about the phenomenon in his book Jewish Space Lasers, joined David Priess to discuss the appeal of conspiracy theories overall, the genesis of the Rothschilds' wealth, legends about the family's involvement in the Battle of Waterloo and other major world events, how the expansion of Rothschild commercial interests in the 1800s spurred paranoia about the family's influence, Nazi-era movies about the Rothschilds, why the family failed to gain traction in the United States, the connections between anti-Semitism and grand conspiracy theories, Stanley Kubrick's Eyes Wide Shut, Marjorie Taylor Greene's "Jewish space lasers" comments, and more. Lees meer
Works mentioned in this episode:
The book The Storm Is Upon Us by Mike Rothschild
The book Jewish Space Lasers by Mike Rothschild
The movie Eyes Wide Shut
Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Jay Venables of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.
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Lawfare Daily: Robert Mahari on Addictive Intelligence, Digital Attachment Disorders, and Other AI-related Concerns
1 oktober 2024 · 36 min
Robert Mahari, a joint JD-PhD candidate at the MIT Media Lab and Harvard Law School, joins Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare, to explain how increased use of AI agents may lead humans to form troublingly and even addictive relationships with artificial systems. Robert also shares the significance of his research on common uses of existing generative AI systems. This interview builds on Robert’s recent piece in the MIT Tech Review, which he co-authored with Pat Pataranutaporn. Lees meer
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September Minipod: Discussing Section 3 of the 14th Amendment
30 september 2024 · 18 min
On this month’s minipod episode, Lawfare Associate Editor for Communications Anna Hickey was joined by Lawfare Senior Editor Roger Parloff to discuss whether former President Trump could be disqualified from the presidency under Section 3 of the 14th Amendment by an act of Congress and what would happen if he was. Lees meer
To hear more coverage of the 2024 election, check out Lawfare’s new livestream series, “Lawfare Live: National Security and the 2024 Election.”
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Lawfare Daily: Mayor Adams, the Feds, and a Whole Lot of Foreign Money
30 september 2024 · 44 min
New York Mayor Eric Adams is facing indictment in connection with a foreign influence scheme involving Turkey. It’s the latest in a long string of actions by the Justice Department to counter foreign efforts to interfere in the American political system. Lawfare Editor-in-Chief Benjamin Wittes sat down with Managing Editor Tyler McBrien, Senior Editor Quinta Jurecic, and Contributing Editor Brandon Van Grack to discuss the charges against Adams and the larger pattern of which they are a part. Lees meer
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Lawfare Archive: Foreign Agents and the Barrack Indictment
29 september 2024 · 39 min
From September 21, 2022: This past Monday, the criminal trial of Thomas Barrack began in federal court in the Eastern District of New York. Barrack, who served as an informal advisor to the 2016 Trump campaign and then as chair of Trump's inaugural committee, is alleged to have acted as a foreign agent of the United Arab Emirates. According to the indictment, Barrack acted as a back channel for the UAE to influence U.S. foreign policy. Lees meer
Lawfare executive editor Natalie Orpett sat down with Alex Iftimie, a partner at the law firm Morrison Foerster, and a former Department of Justice attorney specializing in national security matters, including the Foreign Agents Registration Act, or FARA, and related statutes. They discussed the case against Barrack, the significance of the charges to broader enforcement strategy, and why foreign influence matters for U.S. national security.
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Lawfare Daily: National Security and the 2024 Election, Election Management
28 september 2024 · 1 uur 26 min
This episode of “Lawfare Live: National Security and the 2024 Election” was recorded on September 24 in front of a live audience on Youtube and Zoom. Lees meer
Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Senior Editors Scott R. Anderson, Molly Reynolds, Quinta Jurecic, and Anna Bower and Professor of Law at Stanford Law School Nate Persily. They discussed how Congress has prepared for the 2024 election, including the passage of the Electoral Count Reform Act of 2022, how the government and social media companies are addressing election-related disinformation, and how states have used the lessons of 2020 to prepare for the 2024 election.
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Lawfare Daily: Geoff Schaefer and Alyssa Lefaivre Škopac on AI Adoption Best Practices
27 september 2024 · 41 min
Geoff Schaefer, Head of Responsible AI at Booz Allen Hamilton, and Alyssa Lefaivre Škopac, an independent responsible AI strategist, join Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare, to detail the Responsible AI Top-20 Controls. As governments, corporations, and nonprofits face increasing pressure to integrate AI into their operations, how to do so in an ethical and responsible fashion has remained an open question. Geoff and Alyssa offer their insights on jumpstarting AI governance within any institution. Lees meer
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Rational Security: The “Tortured Pundits Department” Edition
26 september 2024 · 1 uur 15 min
This week, Scott was joined by Natalie Orpett, Anna Bower, and Matt Gluck to talk over some of the week's big national security news, including: Lees meer
“Some Assembly Required.” On Tuesday, President Biden gave his fourth and final speech as president to the U.N. General Assembly. He used the occasion to reflect on the many foreign policy decisions of his presidency, including the withdrawal from Afghanistan, opposition to Russia’s invasion of Ukraine, and the (thus far unsuccessful) pursuit of a ceasefire in the conflict in Gaza. What does this speech—and the year’s U.N. General Assembly more broadly—tell us about the state of his foreign policy legacy?
“Keeping it Peachy.” Georgia’s state election board is in the news for rules changes that some allege could delay finalization of the 2024 election results, opening a possible door for Congress to manipulate the results. But what will these rules changes really mean? And what does it tell us about the potential for (and limits on) efforts to manipulate the outcome of the 2024 presidential election?
“Memo-ries of the Way We Were.” Last week, the New York Times published excerpts from several memoranda prepared by then-President Trump’s White House Counsel addressing questions he appears to have posed regarding his ability to direct the Justice Department to investigate and prosecute individuals. Given Trump’s repeated pledges of vengeance if he were to return to the White House, what do these memoranda tell us about what he might be able to accomplish? And what obstacles may lie in his way, particularly in light of the Supreme Court’s intervening decision on presidential immunity?
For object lessons, Natalie recommended Helen Phillips' new novel “Hum.” Anna stole Scott's object lesson and recommended season two of Rings of Power along with season three of Industry. Scott sang the praises of the best tiny speaker he ever did see (er, hear). And Matt Gluck dug into the sportsball file to urge listeners to begin following…
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Lawfare Daily: Steve Coll on Saddam Hussein and the Limits of American Power in the Middle East
26 september 2024 · 58 min
Steve Coll’s latest book, “The Achilles Trap: Saddam Hussein, the C.I.A., and the Origins of America’s Invasion of Iraq,” seeks to explain why Saddam Hussein would put his regime at risk over weapons of mass destruction (WMD) that didn’t exist. Saddam ultimately lost his regime, and his life, in part because he saw America as an omniscient puppeteer seeking to dominate the Middle East. The United States put thousands of troops in harm’s way in pursuit of a rogue WMD program that turned out to be a fiction. Were these outcomes inevitable? Lees meer
Lawfare Student Contributor Preston Marquis sat down with Coll, a Pulitzer Prize-winning journalist and author, to explore this question. “The Achilles Trap” is unique in that it relies on Saddam’s secret tapes and archives to unpack twists and turns in the U.S.-Iraq bilateral relationship dating back to the Cold War. The full review is available on the Lawfare website.
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Lawfare Daily: Itsiq Benizri on the Regulatory and Political Implications of Thierry Breton’s Resignation from the EU Commission
25 september 2024 · 34 min
Itsiq Benizri, counsel in WilmerHale’s Brussels office, joins Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare, to review the shocking and significant resignation of former European Commissioner Thierry Breton. Breton served as the EU’s commissioner for the internal market and played a major role in shaping and enforcing the EU’s digital regulations. Lees meer
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Chatter: The Inside Story of the Challenger Disaster with Adam Higginbotham
24 september 2024 · 1 uur 23 min
The explosion of the Space Shuttle Challenger in January 1986 riveted millions of Americans, who watched the horrific event live on television. What they didn’t know then was that the tragedy was largely preventable, a disastrous result of hubris and “magical thinking” as much as flawed engineering. Lees meer
Journalist Adam Higginbotham’s new book, “Challenger: A True Story of Heroism and Disaster on the Edge of Space,” is a definitive account of what went wrong, and how NASA failed to learn from its own mistakes. Higginbotham’s story begins with an earlier fatal accident, a fire in the capsule of the Apollo 1 mission, which presaged Challenger’s fate. He then recounts the early days of the space shuttle program. Astonishingly, the very mechanical flaws that led to Challenger’s destruction were known, but the warnings of a few engineers were ignored by more senior officials, who by the time Challenger was set to launch the first teacher into space faced tremendous political and public pressure to make the mission happen, despite obvious risks.
Higginbotham spoke with Shane Harris about his book, why he wanted to tell the Challenger story, and the future of human spaceflight.
Books, events, and people discussed on this episode include:
“Challenger”: https://www.simonandschuster.com/books/Challenger/Adam-Higginbotham/9781982176617
“Midnight in Chernobyl”:
https://www.simonandschuster.com/books/Midnight-in-Chernobyl/Adam-Higginbotham/9781508278511
The Apollo 1 fire:
https://www.nasa.gov/mission/apollo-1/
Roger Boisjoly, rocket engineer:
https://www.npr.org/sections/thetwo-way/2012/02/06/146490064/remembering-roger-boisjoly-he-tried-to-stop-shuttle-challenger-launch
The crew of Challenger STS-51L:
https://www.nasa.gov/challenger-sts-51l-accident/
The Columbia disaster:
https://www.washingtonpost.com/archive/politics/2003/04/09/denial-of-shuttle-image-requests-questioned/80957e7c-92f1-48ae-8272-0dcfbcb57b9d/
Chatter is a production of Lawfare and Goat Rodeo. This …
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Lawfare Daily: Exploding Pagers and Air Strikes
24 september 2024 · 56 min
Israel and Hezbollah seem to be headed for a major war. Over the past several weeks, Israel has taken a series of escalatory steps along its northern border, targeting major Hezbollah figures, blowing up pagers used by thousands of Hezbollah operatives, and—most recently—hitting targets all over southern Lebanon associated with Hezbollah. Will it lead to all-out war? Lawfare’s Editor-in-Chief, Benjamin Wittes, sat down with Senior Editor Scott R. Anderson and Foreign Policy Editor Daniel Byman to talk over the latest developments between Israel and its most capable military foe. Lees meer
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Lawfare Daily: Lindsay Chervinsky on ‘Making the Presidency’
23 september 2024 · 1 uur 8 min
Lindsay Chervinsky is the Executive Director of the George Washington Library at Mount Vernon. She is also the author of a much celebrated new book on the John Adams presidency that is focused primarily on the national security decision-making of the second president and how it set norms for the conduct of the presidency and its powers with which we still live today. She sat down with Lawfare Editor-in-Chief Benjamin Wittes to talk about how Adams defended presidential power while it was under assault by both his Jeffersonian foes and the radicals of his own Federalist party. Lees meer
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Lawfare Archive: The Soleimani Strike Two Years Later
22 september 2024 · 52 min
From: January 5, 2022: Two years ago this week, the head of the Quds Force of the Iranian Revolutionary Guard, Qassem Soleimani, was killed in an American strike. At the time, we convened a group of Brookings and Lawfare experts to talk about the potential benefits and risks of the strike, and two years later, we got the gang back together. Benjamin Wittes sat down with Suzanne Maloney, the head of Foreign Policy program at Brookings and an Iran specialist; Dan Byman, terrorism expert, Middle East scholar and Lawfare’s foreign policy editor; and Scott R. Anderson, Lawfare senior editor and Brookings fellow, to talk about what two years has wrought. They discussed whether the threat of terrorism and escalation in response to the strike was overstated, if U.S. interests were harmed in Iraq as a result of the strike, and what may have kept the Iranian regime from taking stronger action than it eventually took. Lees meer
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Lawfare Daily: Trump Trials and Tribulations Weekly Round-up (September 19, 2024)
21 september 2024 · 1 uur 22 min
This episode of “Trump's Trials and Tribulations,” was recorded on September 19 in front of a live audience on YouTube and Zoom.Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Senior Editors Anna Bower and Roger Parloff about Judge McAfee’s order dismissing 3 counts from the Fulton County indictment, what filings we are waiting on in D.C., a recent New York Times story on the Supreme Court’s handling of this term’s Trump cases, and more. Lees meer
Learn more about Lawfare’s new livestream series about the national security issues under debate during the 2024 presidential election.
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Lawfare Daily: Bob Bauer and Liza Goitein on Emergency Powers Reform
20 september 2024 · 47 min
Bob Bauer, Professor of Practice and Distinguished Scholar in Residence at New York University School of Law, and Liza Goitein, Senior Director of Liberty & National Security at the Brennan Center, join Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare, to review the emergency powers afforded to the president under the National Emergency Act, International Emergency Economic Powers Act, and the Insurrection Act. The trio also inspect ongoing bipartisan efforts to reform emergency powers. Lees meer
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Rational Security: The “Ms. Jackson, if You’re Nastya” Edition
19 september 2024 · 1 uur 13 min
This week, Scott sat down with Lawfare team members Alan Rozenshtein, Tyler McBrien, and RatSec newbie Anastasiia "Nastya" Lapatina to talk through the week's national security headlines, including: Lees meer
“A Shot Across the Rubicon.” Reports indicate that President Biden and his U.K. allies may be on the verge of giving Ukraine approval to use their advanced weapons systems to strike deep into Russia, despite Russian President Vladimir Putin’s threat that doing so would be seen as an act of war. How risky a move is this?
“TikTok on the DokKit.” Challengers of the federal law that would ban TikTok had their (first) day in court on Tuesday in oral arguments before the D.C. Circuit. How were their criticisms received by the three-judge panel? And what will the implications of their ruling be for the law, and for TikTok more generally?
“Dialing M.” Thousands of Lebanese—many of them members of the terrorist group and political movement Hezbollah—were killed or injured this week, when their pagers detonated in what many suspect was a complex terrorism operation by Israel. While some are proclaiming this to be the most accurate counter-terrorism operation in history, others are saying it was indiscriminate in its disregard for possible civilian loss of life. What should we make of this operation? And what impact will it have on the broader Israeli-Palestinian conflict?
For object lessons, Alan endorsed the new Vince Vaughn series Bad Monkey for finally giving the nice guy a shot. Tyler recommended the album "Manning Fireworks" by MJ Lenderman (as recently profiled in The New Yorker). Scott doubled-down on a prior Alan recommendation by encouraging folks to check out sci-fi author Ray Nayler's latest book, "The Tusks of Extinction," and the exceptional collection of short stories he's published online. And Nastya urged listeners to check out Serhii Plohky's new book, "The Russo-Ukrainian War: The Return of History."
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Lawfare Daily: ‘How Elon Musk Destroyed Twitter’ with Kate Conger and Ryan Mac
19 september 2024 · 42 min
On April 14, 2022, New York Times technology reporters Kate Conger and Ryan Mac woke up to a stunning four-word tweet from Elon Musk’s Twitter account: “I made an offer.” Having long covered the technology and social media beat, they read Musk’s terse post as the “unbelievable but inevitable culmination of two storylines we had pursued for a decade as journalists in Silicon Valley.” Lees meer
On today’s episode, Lawfare Managing Editor Tyler McBrien spoke to Conger and Mac about the cloak-and-dagger corporate dealings that preceded the offer, as well as the drama that unfolded after the ink dried, which they reported in detail in their new book, “Character Limit: How Elon Musk Destroyed Twitter.” They discussed Musk’s predecessors—Jack Dorsey and Parag Agrawal—as well as the platform’s troubled history of content moderation, and why the billionaire wanted it all for himself.
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Chatter: UFO Culture, with Sarah Scoles
18 september 2024 · 1 uur 11 min
Science journalist Sarah Scoles has written extensively about astronomy and the UFO community, including in her 2021 book They Are Already Here. She joined David Priess to discuss how scientists look at ETs, pop cultural takes on first contact with extraterrestrials, the incredible influence of Carl Sagan's Contact, the Allan Hills meteorite, the evolution over time of beliefs about aliens contacting humans, how the Roswell myth emerged, the International UFO Congress, the Mutual UFO Network, UFO investigators, seeing lights around Area 51, SETI salvationalism, extraterrestrial-visitation belief as a religious movement, and more. Lees meer
Works mentioned in this episode:
The book Contact by Carl Sagan
The movie Contact
The book Making Contact by Sarah Scoles
The book They Are Already Here by Sarah Scoles
The book Countdown by Sarah Scoles
The event "UAP: The Search for Clarity," at the Michael V. Hayden Center for Intelligence, Policy, and International Security, November 15, 2023
Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Jay Venables of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.
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Lawfare Daily: Jane Bambauer, Ramya Krishnan, and Alan Rozenshtein on the Constitutionality of the TikTok Bill
18 september 2024 · 42 min
Jane Bambauer, Professor at Levin College of Law; Ramya Krishnan, Senior Staff Attorney at the Knight First Amendment Institute and a lecturer in law at Columbia Law School; Alan Rozenshtein, Associate Professor of Law at the University of Minnesota Law School and a Senior Editor at Lawfare, join Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare, to break down the D.C. Circuit Court of Appeals’ hearing in TikTok v. Garland, in which a panel of judges assessed the constitutionality of the TikTok bill. Lees meer
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Lawfare Daily: Digging Deep on the State of the Israeli-Palestinian Conflict with Joel Braunold
17 september 2024 · 1 uur
For today’s episode, Lawfare senior editor Scott R. Anderson sat down with Joel Braunold, Managing Director of the S. Daniel Abraham Center for Middle East Peace, for a deep dive on the current state of the Israeli-Palestinian conflict in these last few weeks before what could be a pivotal U.S. election. Lees meer
They discussed the state of Prime Minister Benjamin Netanyahu’s governing coalition, recent developments relating to al-Haram al-Sharif and the West Bank, the state of Israel’s external relations with Iran, the United States, and the broader region — and what it all means for the increasingly stagnant conflict in Gaza.
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Lawfare Daily: A Ukraine War Update with Anastasiia Lapatina and Eric Ciaramella
17 september 2024 · 46 min
It's been a rough couple of weeks in Ukraine, as Russian forces have hit major cities with intense bombardments, killing an unusually large number of people. Moreover, the front in Donetsk continues to erode. On the other hand, Ukrainian forces are still in Kursk, occupying about 500 square miles of Russian territory, in an embarrassing show of forces to the Russians, and discussions continue with Western governments about relaxing restrictions on Ukrainian use of long-range missiles inside of Russia proper. There was also a cabinet reshuffle recently. That's all a lot to talk about with Lawfare's Ukraine fellow, Anastasiia Lapatina, and Eric Ciaramella of the Carnegie Endowment for International Peace, who joined Benjamin Wittes for an update on the war. Lees meer
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Lawfare Daily: Gharun Lacy Talks State Department Cybersecurity
16 september 2024 · 50 min
Gharun Lacy has an unusual job. He’s the head of cybersecurity at the State Department, responsible for securing computers and their users in every embassy and consulate and responsible for making sure senior diplomats can communicate securely even in the most forbidding overseas environments. In a wide-ranging conversation, he sat down with Lawfare’s Benjamin Wittes to talk about the challenging work of the Diplomatic Security Service generally and its work in the cyber and technology security area particularly. Lees meer
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Lawfare Archive: Deterring Russian Cyber Intrusions
15 september 2024 · 47 min
From December 24, 2016: Whatever the President-elect might say on the matter, the question of Russian interference in the presidential election is not going away: calls continue in the Senate for an investigation into the Kremlin's meddling, and the security firm Crowdstrike recently released new information linking one of the two entities responsible for the DNC hack with Russia's military intelligence agency. So how should the United States respond? Lees meer
In War on the Rocks, Evan Perkoski and Michael Poznansky recently reviewed the possibilities in their piece, "An Eye for an Eye: Deterring Russian Cyber Intrusions." They've also written on this issue before in a previous piece titled "Attribution and Secrecy in Cyber Intrusions." We brought them on the podcast to talk about what deterrence of Russian interference would look like and why it's necessary.
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Lawfare Daily: National Security and the 2024 Election
14 september 2024 · 1 uur 39 min
In a live recording on September 10, Lawfare Editor-in-Chief Benjamin Wittes moderated a panel discussion featuring Lawfare Senior Editor and Brookings Fellow Scott R. Anderson, Co-Founder and Chairman of Silverado Policy Accelerator Dmitri Alperovitch, American Enterprise Institute Senior Fellow Kori Schake, and the Center for Middle East Policy Director and Brookings Senior Fellow Natan Sachs. They discussed Harris’s policy positions on U.S. military and economic aid to Ukraine, the Israel-Gaza War, NATO, and aid to Taiwan. This was the first panel in Lawfare's new livestream series, Lawfare Live: National Security and the 2024 Election. The next panel will be on Sept. 24. Lees meer
This episode also includes a conversation between Benjamin Wittes and Lawfare Managing Editor Tyler McBrien about the national security policies discussed at the Sept. 10 debate between Vice President Harris and former President Trump.
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Lawfare Daily: Helen Toner and Zach Arnold on a Common Agenda for AI Doomers and AI Ethicists
13 september 2024 · 38 min
Helen Toner, Director of Strategy and Foundational Research Grants at Georgetown University's Center for Security and Emerging Technology (CSET), and Zach Arnold, Analytic Lead at Georgetown University's Center for Security and Emerging Technology, join Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare, to discuss their recent article "AI Regulation's Champions Can Seize Common Ground—or Be Swept Aside." The trio explore the divide between AI "doomers" and "ethicists," and how finding common ground could strengthen efforts to govern AI responsibly. Lees meer
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Rational Security: The "Let's Understand How We Got Here" Edition
12 september 2024 · 1 uur 20 min
In the debut episode of RatSec 2.1, Scott sat down with his Lawfare colleagues Kevin Frazier, Eugenia Lostri, and Benjamin Wittes to talk over the week’s big national security news, including: Lees meer
“I Have Concepts of a Segment Topic.” On Tuesday, Kamala Harris and Donald Trump faced off in what might end up being the only presidential debate between the two candidates in the 2024 election. What did it tell us about how national security is figuring into this election?
“Running Political Interference Interference.” The Justice Department has been very busy these past few weeks, bringing an array of indictments and enforcement actions against various Russian actors and their proxies for spreading misinformation, surreptitiously funding political commentary, and otherwise attempting to interfere in the upcoming 2024 elections. What explains this sudden wave of activity so close to the election? And what threats are still hanging out there?
“Never Forgot.” Twenty-three years have passed since the unprecedented terrorist attacks of 9/11. In many ways, they redefined the trajectory of U.S. national security policy (and politics) for decades. But today, the United States has shifted focus to a very different set of challenges. What is the legacy of 9/11 more than two decades after the attacks?
For object lessons, Kevin readied our listeners for depression before recommending Neil Postman’s new book, “Amusing Ourselves to Death.” Ben endorsed the documentary Man on Wire as his favorite movie about 9/11, in part because it has nothing to do with 9/11. Scott urged D.C.-area residents not to sleep on the sublime joys of an outdoor show at Wolf Trap while the weather is still nice. And Eugenia shed her video game label to throw her support behind James Cameron’s latest maritime adventure, the (weirdly mutant-free) sea exploration documentary series OceanXplorers.
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Lawfare Daily: The Past, Present, and Future of War Powers with Brian Finucane and Matt Waxman
12 september 2024 · 1 uur
Without new congressional authorization for its post-Oct. 7 operations in the Middle East, the Biden administration has sought to legally justify its military activities in the region based on the president’s constitutional authority and the application of existing statutory authorities to operations against new adversaries. These executive branch arguments are the outgrowth of similar arguments presidential administrations have made over the last few decades, largely related to the requirements in the War Powers Resolution. Lees meer
The International Crisis Group recently analyzed these arguments and related issues in a new report, “Bending the Guardrails: U.S. War Powers after 7 October.” Tyler McBrien and Matt Gluck of Lawfare spoke with Brian Finucane, a senior adviser for the U.S. Program at the International Crisis Group and an author of the report, and Matthew Waxman, a professor at Columbia Law School, about the Crisis Group’s report. They discussed the history relevant to the current war powers moment, how the Biden administration has continued to justify its operations without new legislative authority, and the possibility of war powers legal reform moving forward.
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Lawfare Daily: Nick Ashton-Hart on the UN Cybercrime Convention
11 september 2024 · 52 min
On Aug. 8, the international community concluded its final negotiations at the United Nations over an international cybercrime treaty. The negotiation—a Russian proposal—was intended to harmonize global efforts to combat transnational cybercrime. However, the treaty has come under intense criticism from civil society, human rights advocates, and industry. Lees meer
Lawfare Fellow in Technology Policy and Law Eugenia Lostri sits down with Nick Ashton-Hart, Senior Director for Digital Economy Policy for APCO Worldwide. Ashton-Hart is the former head of delegation to the UN cybercrime treaty negotiations for the Cybersecurity Tech Accord. They discuss the different concerns the treaty raises, how it compares to alternatives for law enforcement cooperation, and what comes next, as the treaty goes to a vote before the UN General Assembly.
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Chatter: Ronald Reagan Reassessed, with Max Boot
10 september 2024 · 1 uur 25 min
Council on Foreign Relations fellow, Washington Post columnist, and author of military history books Max Boot has just completed a definitive biography of Ronald Reagan, eleven years after starting his research and writing for it. He joined David Priess to talk all about Reagan, including his appeal as a biography subject, his World War II experience, his speech preparation, his turn from New Deal Democrat to right-wing Republican, his path to electoral politics, his management style, his optimism, his pragmatism, his influence on pop culture in the 1980s, his role in ending the Cold War peacefully, his movies, and more. Lees meer
Works mentioned in this episode:
The book Reagan: His Life and Legend by Max Boot
The movie Kings Row
The movie Bedtime for Bonzo
The movie Knute Rockne All American
The book The Unwinding by George Packer
The book Desert Star by Michael Connelly
Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Jay Venables and Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.
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Lawfare Daily: The Biden Administration’s Approach to the Israeli-Palestinian Conflict with Former DAS Andrew Miller
10 september 2024 · 1 uur 17 min
For today’s episode, Lawfare General Counsel and Senior Editor Scott R. Anderson sat down with Andrew Miller, a Senior Fellow at the Center for American Progress who was, until recently, the Deputy Assistant Secretary of State for Israeli-Palestinian Affairs. Lees meer
They discussed how the Israeli-Palestinian conflict fit into the Biden administration’s broader foreign policy strategy, how the Oct. 7 massacre and ensuing Gaza war have changed this calculus, and where U.S. policy is likely to go from here.
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Lawfare Daily: Securing Open Source Software, with John Speed Meyers and Paul Gibert
9 september 2024 · 48 min
Lawfare Fellow in Technology Policy and Law Eugenia Lostri sits down with John Speed Meyers, head of Chainguard Labs, and Paul Gibert, a research scientist at Chainguard Labs to talk about the distinct challenges of securing open source software (OSS). They discuss what sorts of harms OSS compromises can lead to, how Log4J opened a political window for action on OSS security, and how the software liability debate affects OSS developers. Lees meer
Meyers and Gibert authored a Lawfare article questioning the conventional wisdom on how software liability could deal with OSS.
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Lawfare Archive: Foreign Interference... It's Happening
8 september 2024 · 43 min
From October 23, 2020: 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. Lees meer
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Lawfare Daily: Trump Trials and Tribulations Weekly Round-up (September 5, 2024)
7 september 2024 · 1 uur 30 min
This episode of “Trump's Trials and Tribulations,” was recorded on September 5 in front of a live audience on YouTube and Zoom. Lees meer
Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Senior Editors Anna Bower and Roger Parloff Thursday’s hearing in the D.C. case, Judge Chutkan’s scheduling order on the briefing on the immunity issue, Trump’s efforts to remove his New York hush money and election interference case to federal court, and an interesting amicus brief in the classified documents case.Learn more about Lawfare’s new livestream series about the national security issues under debate during the 2024 presidential election.
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Lawfare Daily: Catching Up on the State of Platform Governance: Zuckerberg, Durov, and Musk
6 september 2024 · 49 min
It’s been a busy week in the world of social media and technology platforms. Meta CEO Mark Zuckerberg sent an odd letter to the House Judiciary Committee apparently disclaiming some of his company’s past content moderation efforts. Telegram founder Pavel Durov was arrested in France on a wide range of charges involving an investigation into the misuse of his platform. And Elon Musk is engaged in an ongoing battle with Brazilian courts, which have banned access to Twitter (now X) in the country after Musk refused to abide by court orders. Lees meer
These three news stories speak to a common theme: the difficult and uncertain relationship between tech platforms and the governments that regulate them. To make sense of it all, Quinta Jurecic, a Senior Editor at Lawfare, with Matt Perault—the Director of the Center on Technology Policy at the University of North Carolina at Chapel Hill—and Renée DiResta, author of the new book, “Invisible Rulers: The People Who Turn Lies Into Reality,” and the former technical research manager at the Stanford Internet Observatory.
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Rational Security: The "Third Anniversary Hot Take Takedown: Comeuppance" Edition
5 september 2024 · 1 uur 11 min
This week, Alan, Quinta, and Scott celebrated the third anniversary of Rational Security 2.0 with their Lawfare colleagues Molly Reynolds, Natalie Orpett, and Tyler McBrien, who sat in brutal judgment as the three co-hosts pitched them their hottest takes yet, including: Lees meer
Are concerns about judicial ethics overblown?
Do ethics require that we open the borders and make whoever wants to become one a citizen?
Should we just treat AI systems like the wild animals they are?
Which takes are undercooked, which too hot, and which are just right? Listen in and decide!
Meanwhile, for object lessons, Scott shared some news about the future of Rational Security moving forward. Listen to the end of the episode to find out what!
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Lawfare Daily: In Search of a Harris Doctrine with Michael Hirsh
5 september 2024 · 38 min
As Robbie Gramer and Amy Mackinnon wrote in Foreign Policy, “If you want to learn more about the U.S. Democratic Party’s foreign-policy vision as the Democratic National Convention (DNC) gets underway this week, you have two options: a webpage that apparently hasn’t been updated in three years or a massive PDF document that is still written as if President Joe Biden, not Vice President Kamala Harris, is the party’s candidate.” Lees meer
In other words, figuring out what a potential Harris administration foreign policy or Harris Doctrine might look like is no small task. On today’s episode, Lawfare Managing Editor Tyler McBrien sat down with Foreign Policy Columnist Michael Hirsh to try to do just that. They discussed “Preparing for a Less Arrogant America,” Hirsh’s review of the most recent books by Vice President Harris’s top foreign policy advisors, Philip Gordon and Rebecca Lissner, as well as other clues about the shape of a potential Harris administration foreign policy agenda.
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Lawfare Daily: Duncan McLaren on the Opportunity Costs of Geoengineering
4 september 2024 · 40 min
Duncan McLaren, Climate Intervention Fellow in Environmental Law and Policy at UCLA, joins Kevin Frazier, a Tarbell Fellow at Lawfare, to discuss geoengineering in light of a recent New York Times article detailing prior efforts to conduct climate interventions, namely the SCoPEx project. This conversation explores the history of geoengineering, different geoengineering techniques, and the opportunity costs associated with further research in the field. Lees meer
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Chatter: How Movies and TV Affect Everything, with Walt Hickey
3 september 2024 · 1 uur 31 min
Walt Hickey is the Deputy Editor for Data and Analysis at Insider News, and the author of You Are What You Watch: How Movies and TV Affect Everything. His book explores the power of entertainment to change our beliefs, how we see ourselves, and how nations gain power.He joined Eugenia Lostri, Lawfare's Fellow in Technology Policy and Law, to talk about how we use media to express our societal apprehensions, the ways in which the military, NASA and the CIA collaborate with Hollywood, and the soft power of media productions. Lees meer
Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Isabelle Kerby-McGowan and Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.
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