Podcasts about Lawfare

U.S. Cyber Command was established on May 21, 2010, and is the second youngest unified combatant command after U.S. Space Command in the United States. As explained in the Command history, U.S. Cyber Command operates globally in real time against determined and capable adversaries. Lawyers who work in the Office of the Staff Judge Advocate at Cyber Command provide legal advice on a range of issues, including the legality of offensive cyber operations. Lawfare senior editor Stephanie Pell sat down with Kurt Sanger, a recently retired Cyber Command lawyer, to discuss the kind of work he did and issues he addressed at U.S. Cyber Command. They talked about why the application of international law can be challenging in the cyber domain, some of the most vexing international legal issues with respect to offensive cyber operations, and some legal issues he is observing in the context of the current armed conflict between Russia and Ukraine.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The 2002 Iraq AUMF authorized the invasion of Iraq and a variety of U.S. military activities since then, and a large bipartisan group of senators and representatives have decided it's time for it to go away. A repeal bill was passed by the House and is awaiting action in the Senate, but we don't know if there's going to be time for that action before the Senate adjourns. It's a good opportunity to have a conversation about this orphaned AUMF that just keeps on going like the Energizer Bunny through the decades. To talk through the history of the 2002 AUMF, its surprising rebirth, and its dangerous continued life, Lawfare editor-in-chief Benjamin Wittes sat down with Lawfare senior editor Scott R. Anderson, who recently wrote a two-part series on the subject for Lawfare, focusing on the history and practice of the 2002 AUMF, as well as its interpretations and implications.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Jeffrey Clark, Center for Renewing America says AG Merrick Garland's appointment of a Special Counsel is an anathema to the Constitution. Clark says in effect the Special Counsel illegally creates a fourth branch of government with the power to investigate a President of the United States and enforce laws that are effectively extra-governmental. We must reform the DOJ, FBI, the Intelligence Community to stop their varied attacks on individuals, that are purely political persecution.     GUEST: JEFFREY CLARK, CENTER FOR RENEWING AMERICA

The United States military was one of the first institutions in government to acknowledge the threat posed by climate change, as well as the science behind it, and yet it remains the largest single energy consumer in the country and the largest institutional greenhouse gas emitter in the world. To talk through this strategic disconnect, Lawfare managing editor Tyler McBrien sat down with Dr. Neta Crawford, Montague Burton Chair in International Relations at the University of Oxford, co-director of the Costs of War study at Brown University, and author of the new book, “The Pentagon, Climate Change, and War: Charting the Rise and Fall of U.S. Military Emissions.” They discussed what Dr. Crawford calls the irony and tragedy of the military's carbon emissions, how war drives emissions and industrialization, and why climate activists may be skeptical about framing climate as a security issue. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security 2.0, a Quinta-less Alan and Scott welcomed Lawfare's dynamic associate editor duo, Katherine Pompilio and Hyemin Han, on to the show to talk through the week's big national security news stories, including:“Going Full Cleve.” Last week, former President Donald Trump announced his intention to once again run for president—in spite of the Republicans' weak showing in the midterm elections and his own impending legal troubles. What does Trump's announcement mean for 2024 and after? “A Mueller Mulligan?” Trump's announcement that he was once again running for president in turn led Attorney General Merrick Garland to make his own announcement last Friday: that he was appointing another Special Counsel to take over the investigations into Trump's interference in the 2020 election results and mishandling of classified records. Was this the right move? How will the Special Counsel's appointment impact the investigations—and Trump's political future?“Pyongyanking Our Chain.” North Korea has launched a new ICBM that it claims can deliver nuclear weapons anywhere in the United States. Should this threat be taken seriously or is it a bluff? And is the Biden administration doing enough to respond?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In our continuing effort to not get fired and/or go to jail over this podcast, we thought it might be prudent to talk to a legal professional. Matt's background as an infantry officer turned lawyer gives him a unique perspective on military issues, and as you'll hear in this episode he has a special focus on social media policy. In fact, his work has been a driving force behind recent updates to DoD social media rules. Among other outlets, you can find Matt's work on LawFare, War on the Rocks, the Modern War Institute, and the Harvard National Security Journal. After leaving active duty earlier this year he also provided over 1,000 hours of free legal support to displaced Afghans seeking asylum in the United States. Disclaimer: Our discussion in no way reflects the official position of the Department of Defense or federal government, and nothing in this podcast episode should be understood as legal advice, nor does this discussion in any way form an attorney-client relationship. Don't take legal advice from a podcast, but especially not from this podcast. References we mention during the episode: MWI article: https://mwi.usma.edu/monetizing-military-service-the-need-for-an-institutional-reckoning-on-ethics-and-social-media/' "New" social media guidance: https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/540017p.PDF Harvard National Security Journal / full form argument: https://harvardnsj.org/wp-content/uploads/sites/13/2021/03/Fitzgerald_Thank-Me-for-My-Service.pdf Expanded recruiting pool argument: https://www.dayoneproject.org/ideas/a-digital-military-talent-initiative-for-noncitizen-technologists/ LTG (R) Hertling's TED Talk: https://www.youtube.com/watch?v=sWN13pKVp9s

From March 30, 2021: Anti-Asian violence in the United States seems to be on the rise. On March 16, a shooter killed eight people, six of whom were Asian women, at several Atlanta businesses. Across the country, Asian-Americans have shared stories of attacks and harassment, some of which involved racist language in connection with the coronavirus pandemic.Yet there is very little data available that could help journalists and policymakers make sense of this apparent trend. To understand why, Quinta Jurecic spoke with Jeff Asher, a crime analyst and the co-founder of AH Datalytics, who recently wrote for Lawfare on why there's so little reliable data on anti-Asian violence—or on any other kind of hate crime. Jeff discussed the patchwork system by which the FBI currently collects data on hate crimes, what other factors might explain why the data is so unreliable and how improved data could help guide the response to anti-Asian attacks.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From May 2, 2020: Most of us don't think of United States history as an imperial history, but the facts are there. The law and policy surrounding westward expansion, off-continent acquisitions, and a worldwide network of hundreds of bases reveal much about how and why the United States grew as it did.Last month, David Priess spoke with Daniel Immerwahr, associate professor of history at Northwestern University and author of “How to Hide an Empire.” They talked about everything from what the Constitution says about lands west of the thirteen colonies, to the critical role of the Guano Islands in U.S. history, to the famous Insular Cases, to how military access agreements and long-term leases help the United States avoid a truly territorial empire.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's been just longer than one year since Shane Harris and David Priess embarked on a voyage of new adventures aboard the S.S. Chatter, seeking out creative conversations on the distant shores of the national security ocean.And what a journey it's been.To date, they've hosted more than 50 long-form conversations on topics from spy novels to Olympic security, from surveillance-related art to assassins' poisons, from 9/11 memorialization to ethical space exploration. The only thing more intriguing to Shane and David than the sheer diversity of topics so far has been the experience of digging deep with such a variety of amazing, creative people.They are, to put it simply, thankful for the opportunity to have hosted such rich exchanges and to share them with so many listeners.In this episode, Shane and David review the origin story of the podcast, reflect on some of the conversations on Chatter that stand out to them most many months later, give specific shout outs to several of each other's hosted episodes, subject each other to the random curiosity of the "Chatter Box," and preview a few forthcoming discussions to be featured in episodes yet unreleased. The unifying purpose behind it all? To give thanks to everyone involved in this experiment, from the intrepid Cara Shillenn and her wonderful colleagues at Goat Rodeo, to the team at Lawfare, the podcast's fascinating guests and its faithful listeners.Chatter is a production of Lawfare and Goat Rodeo. This episode was produced by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad. Among the works mentioned in this episode: A healthy subset of the past year's conversations on Chatter Hosted on Acast. See acast.com/privacy for more information.

From December 11, 2020: This week, the Supreme Court returned once again to the complex and sometimes controversial Foreign Sovereign Immunities Act, or FSIA, that protects foreign sovereigns from litigation before U.S. courts. At the same time, Congress is once again debating new exceptions to the protections provided by the FSIA on issues ranging from cybercrime to the coronavirus pandemic, an effort that may risk violating international law and exposing the United States to similar lawsuits overseas. To discuss these developments and where they may be headed, Scott R. Anderson sat down with two leading scholars on sovereign immunity issues: Chimène Keitner, a professor at the UC Hastings School of Law and a former counselor on international law at the U.S. State Department, and Ingrid Wuerth, a professor at Vanderbilt University Law School and one of the reporters for the American Law Institute's Fourth Restatement on U.S. foreign relations law.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

For the last 29 days, Roger Parloff, Lawfare senior editor, has been sitting in on the Oath Keeper trial in Washington. The trial is now done, the jury has the case, and Roger joined Lawfare editor-in-chief Benjamin Wittes to talk about it. Which charges are likely to stick, and which ones seem weak? How did the various defendants do when they took the stand to defend themselves? And what kind of verdict do we expect when the jury eventually comes back?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week, a Quinta-less Alan and Scott welcomed Lawfare's dynamic associate editor duo, Katherine Pompilio and Hyemin Han, on to the show to talk through the week's big national security news stories, including:“Going Full Cleve.” Last week, former President Donald Trump announced his intention to once again run for president—in spite of the Republicans' weak showing in the midterm elections and his own impending legal troubles. What does Trump's announcement mean for 2024 and after? “A Mueller Mulligan?” Trump's announcement that he was once again running for president in turn led Attorney General Merrick Garland to make his own announcement last Friday: that he was appointing another Special Counsel to take over the investigations into Trump's interference in the 2020 election results and mishandling of classified records. Was this the right move? How will the Special Counsel's appointment impact the investigations—and Trump's political future?“Pyongyanking Our Chain.” North Korea has launched a new ICBM that it claims can deliver nuclear weapons anywhere in the United States. Should this threat be taken seriously or is it a bluff? And is the Biden administration doing enough to respond?For object lessons, Alan shared the tale of Lawfare's biggest animal fan, Katherine's African Grey parrot Moby. Scott passed along the late Michael Gerson's essay on dropping his youngest son off at college as a wonderful meditation on parenthood. Katherine shared her passion for soft jazz, and recommended the album "Ethiopics, Vol. 4: Ethio Jazz 1969-1974" as a great dive into Ethiopia's own early 1970s jazz scene. And Hyemin endorsed a show she recently took in at the Brooklyn Academy of Music: "Trojan Women," which beautifully translated a Greek tragedy through the Korean storytelling form of pansori. Hosted on Acast. See acast.com/privacy for more information.

Earlier this month, officials from the government of Ethiopia and representatives from the Tigray People's Liberation Front agreed to halt the two-year conflict that has been rife with accusations of ethnic cleansing, sexual violence, and famine as a weapon of war. To discuss the current state of the conflict and the prospect of peace, Lawfare managing editor Tyler McBrien sat down with Alex de Waal, executive director of the World Peace Foundation and a research professor at Tufts University's Fletcher School of Law and Diplomacy. A longtime expert on the Horn of Africa, de Waal co-edited the book, “Accountability for Mass Starvation: Testing the Limits of the Law,” which was published in August. They discussed the terms of the recent truce agreements, the irony of Prime Minister Abiy Ahmed's Nobel Peace Prize, and the options for accountability for forced starvation and other crimes committed by both sides. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Over the weekend, the United Nations Climate Change Conference, or COP 27, went into overtime as nations came to an historic agreement to establish a loss and damage fund. This fund is meant to give resources to countries who have experienced the worst effects of climate change. Some like to think of it as climate reparations. There are a lot of factors that might have created the momentum for this historic agreement to go through after many years. An interesting one is that it's becoming more and more difficult for big emitters like the United States to deny their role in contributing to climate change, particularly as new scientific studies have been pivotal in creating a pretty unimpeachable basis for climate responsibility. But, just because science can verify certain realities does not mean that it's a straight path forward for climate justice. To get a sense of what factors are coming together to achieve climate justice, Lawfare associate editor Hyemin Han merges the legal and policy perspective with the science perspective in a conversation with Karen Sokol, a professor at the Loyola University New Orleans College of Law and a fellow at the Princeton School of Public and International Affairs, and Chris Callahan, a PhD candidate at Dartmouth College who co-produced a scientific study that informed negotiations on loss and damage at COP 27.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It is the wise among us that can see what is truly important. Staying strong and focused is critical. The Single Integrated Operational Plan makes war a truly terrifying possibility. A faux rivalry and many distractions for the masses. The good cop show hides those plotting against us. Why now on all those laptop details? Lawfare is the favorite tactic of the deep state criminals. Chinese agreements, pipelines and crypto, plus LNG in the bayou make for a hot mix. The opening flash of the World Cup. Look at all the leaders who showed up for soccer. China's origins, offsetting Mao, and the repression by any other name. All the missed opportunities in 2016 may cost us now. A repeat of Covid tyranny is likely. Our Democracy now looks faded. Power held by the people is what truly terrifies them. Informed citizens see what's real. Knowing our actual history is what prepares us for the future. Learn more about your ad choices. Visit megaphone.fm/adchoices

Satellites have held a special place in military planning and in spy fiction alike for more than half a century. Both domains ended up devoting much attention to satellite-based weapons and anti-satellite weaponry; both have also dealt with the problem of space debris related to the latter.In this chat, David Priess and George Washington University historian Aaron Bateman talk about Bateman's early interest in satellites, early satellite technology and attempts at anti-satellite activity, the Outer Space Treaty and the Anti-Ballistic Missile Treaty, actions by presidents from Eisenhower through Biden related to the testing of satellite and/or anti-satellite weapons, the Strategic Defense Initiative (commonly called the "Star Wars program"), the problem of space debris, the Kessler Syndrome, other countries' satellite and anti-satellite activities, the Space Force, and on-screen portrayals of satellite warfare and space debris from the James Bond movies to Gravity.Chatter is a production of Lawfare and Goat Rodeo. This episode was produced by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From September 23, 2017: The escalating tension between North Korea and the United States has risen to an unprecedented level. Earlier this month, Stephan Haggard, Lawrence and Sallye Krause Professor of Korea-Pacific Studies at UC San Diego, gave a lecture at a private function on the complicated strategic and political risks that North Korea's missile and nuclear capabilities present. He talked about the complex relationship among North Korea's allies and adversaries, the impact of sanctions against Pyongyang, and the past and future role of the United States in addressing North Korean aggression.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Week In Review

Earlier today, in a surprise announcement, Attorney General Merrick Garland appointed a special counsel to lead two ongoing federal investigations of former president and now official 2024 presidential candidate Donald Trump. The special counsel, Jack Smith, is a longtime DOJ prosecutor and currently the chief Kosovo war crimes prosecutor in The Hague. He will take over the investigation into the retention of classified and government documents at Mar-a-lago, as well as the investigation into attempts to interfere with the lawful transfer of power after the 2020 election.To make sense of the special counsel appointment and what it means for the federal investigations into Donald Trump, Lawfare senior editor Alan Rozenshtein spoke with Lawfare editor-in-chief Ben Wittes, Lawfare senior editor Quinta Jurecic, and former FBI agent Peter Strzok, who worked on Special Counsel Robert Mueller's investigation into foreign election interference in the 2016 election.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Today, the U.S. military maintains around 800 bases in installations around the world with around 75 of those in Latin America, including perhaps its most notorious in Guantanamo Bay, Cuba. But it wasn't always this way.To learn more about this fraught and understudied history, Lawfare managing editor Tyler McBrien sat down with Dr. Rebecca Herman, assistant professor of history at UC Berkeley, to discuss her new book, “Cooperating with the Colossus: A Social and Political History of US Military Bases in World War II Latin America.” They discussed how the U.S. went from its good neighbor policy of the 1930s to nearly 200 military bases on sovereign Latin American soil by the end of the war, and the thorny questions of legal jurisdiction, labor rights, and gender relations that arose from those new sites. They also got into how, in Prof. Herman's words, although national sovereignty and international cooperation are compatible concepts in principle, they're difficult to reconcile in practice. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

American democracy might look healthier in light of last week's midterms, but there's still a lot of skepticism across the political spectrum about how it's doing. From the right, would-be authoritarians cast doubt on elections and on the very idea of liberal democracy. But even those who reject this authoritarian impulse are frequently uncomfortable with the messiness of democratic politics, instead preferring an anti-politics of technocratic decision-making. Jedediah Purdy, a law professor at Duke Law School, wants to defend democracy from its critics and its skeptics. In his new book, “Two Cheers for Politics: Why Democracy Is Flawed, Frightening—and Our Best Hope,” he argues that democratic renewal is both desirable and, most importantly, possible. Lawfare senior editor Alan Rozenshtein sat down with Jed to talk about the book, get his thoughts about the state of American democracy, and chart the path toward a healthier democratic future.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Satellites have held a special place in military planning and in spy fiction alike for more than half a century. Both domains ended up devoting much attention to satellite-based weapons and anti-satellite weaponry; both have also dealt with the problem of space debris related to the latter. In this chat, David Priess and George Washington University historian Aaron Bateman talk about Bateman's early interest in satellites, early satellite technology and attempts at anti-satellite activity, the Outer Space Treaty and the Anti-Ballistic Missile Treaty, actions by presidents from Eisenhower through Biden related to the testing of satellite and/or anti-satellite weapons, the Strategic Defense Initiative (commonly called the "Star Wars program"), the problem of space debris, the Kessler Syndrome, other countries' satellite and anti-satellite activities, the Space Force, and on-screen portrayals of satellite warfare and space debris from the James Bond movies to Gravity.Chatter is a production of Lawfare and Goat Rodeo. This episode was produced by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad. Among the works mentioned in this episode:The book The Hunt for Red October by Tom ClancyAaron Bateman's article, "Anti-Satellite Weapons Are Creating Space Hazards. Here's a Way To Limit the Damage," in the Bulletin of the Atomic Scientists (January 21, 2022)The film You Only Live TwiceThe film MoonrakerThe film GoldenEyeThe film GravityThe Star Wars franchise Hosted on Acast. See acast.com/privacy for more information.

Matt Tait is a cybersecurity expert who has worked both in the private sector and for the British government at GCHQ, the UK's intelligence, security, and cyber agency. He's also a Lawfare contributor. Like a lot of us, Tait has spent the last several months thinking about Ukraine, and Lawfare editor-in-chief Benjamin Wittes had cybersecurity questions for him. They talked about why the Ukrainian internet is still functioning and why the Russians have been so ineffective in the cyber arena. They also talked about whether U.S. support for Ukraine is threatened with Republicans in control of the House and what the Biden administration is going to do about Section 702, which is scheduled to expire at the end of next year.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Sophia Yan, pianist for the Lawfare Podcast and Rational Security, is also The Telegraph's Beijing correspondent—or at least, she was until the other day. She's produced a new podcast entitled, “How to become a dictator,” about the rise and rule of Xi Jinping and her own struggles as a reporter in Xi's China. Now Sophia's in Taiwan after a hasty exit from the country, and she joined Lawfare's editor-in-chief Benjamin Wittes to discuss the new podcast and her departure from China. Who is Xi Jinping really? How is Xi different from other recent Chinese leaders? Why did Sophia leave China? And did she take her piano with her?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Long-term storage chicken on sale. Get $50 off with promo code "JDR" - https://prepperorganics.comI took some heat last week when I said they were trying to steal Arizona. Some had pointed out that the votes had barely been counted at that point and that a landslide for Kari Lake and Abe Hamadeh as well as wins by Blake Masters and Mark Finchem were still likely. As I said then, the signs were in the air before the first vote was officially counted that the fix was in, the steal was happening, and a week or so after the election we would find out in disgust that our candidates allegedly lost.On today's episode of The JD Rucker Show, I am visiting with Leo Donofrio, an attorney from New Jersey who has done the research necessary to come up with a gameplan should the elections in Arizona get stolen. From what I've heard so far, it's a solid plan. Hopefully he'll be able to lay it out for us and give us a direction about how to move forward. Lawfare may be our only recourse and unfortunately Republicans are far behind Democrats in that arena. It's time to get better at it in a hurry.The plan, as I understand it now, is that since the Maricopa attorney admitted there was the potential for voter fraud with the broken machines and since voter sentiment is leaning toward lacking trust in the results, Arizona has a method through which a single voter (though preferably more) can challenge the results and get the election annulled. It does not require proving voter fraud nor does it require proving intent. The circumstances need to be demonstrated that enough voters do not trust the results for good reasons, and considering the election day debacle in Maricopa County, they should have ample reasons to be disenfranchised.As with any attempt to overturn fraudulent elections in the 21st century, it won't be easy. But the way Donofrio has explained it to me so far gives me reason to believe there's a reasonable chance of success. Please pay attention and share this video with everyone, especially those in Arizona. We need actions to start now, not next week, next month, or next year. We already got suckered into "moving on" after the last election. It cannot happen this time or there may not be a future election.

From September 23, 2020: Bobby Chesney sat down with former Secretary of Homeland Security Jeh Johnson and Texas Congressman Chip Roy as part of the 2020 Texas Tribune Festival. They discussed Portland, DHS, domestic violence, and even the shortage of civil discourse in our society.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Due to the Veterans Day holiday, our team is taking a break and bringing you a Lawfare Archive episode that we think you'll find timely given some events from the last few weeks.From April 2, 2020: On this episode of the Arbiters of Truth series on disinformation, Evelyn Douek and Quinta Jurecic spoke with Nate Persily, the James B. McClatchy Professor of Law at Stanford Law School. Persily is also a member of the Kofi Annan Commission on Democracy and Elections in the Digital Age, which recently released a report on election integrity and the internet for which Nate provided a framing paper. Alongside his work on internet governance, Nate is also an expert on election law and administration. They spoke about the commission report and the challenges the internet may pose for democracy, to what extent the pandemic has flipped that on its head, and, of course, the 2020 presidential election.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Modern presidents both influence and are influenced by books, movies, and television; with no commander in chief is that more clear than with Ronald Reagan. Dr. Benjamin Griffin, chief of the Military History Division at the United States Military Academy, has researched and written the definitive book about the 40th president's interactions with Tom Clancy and other authors, Hollywood films, and other pop culture: Reagan's War Stories: A Cold War Presidency.In this chat, David Priess and Griffin discuss Tom Clancy's influence on an entire generation, how books with clear moral narratives informed Reagan's childhood, the influence of Whittaker Chambers on Reagan's iconic "A Time for Choosing" speech in 1964, the rich relationship between Reagan and Clancy, the outsized impact of Clancy's first two books, and the complicated notion of presidential "vision."Chatter is a production of Lawfare and Goat Rodeo. This episode was produced by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad. Among the works mentioned in this episode:The book The Hunt for Red October by Tom ClancyThe book The Third Word War by Sir John HackettThe book Red Storm Rising by Tom ClancyThe book Subregional Security Cooperation in the Third World by William TowThe book That Printer of Udell's by Harold Bell WrightThe film High NoonThe John Carter of Mars books by Edgar Rice BurroughsThe book Witness by Whittaker ChambersThe book Darkness at Noon by Arthur KoestlerThe book The Bourne Identity by Robert LudlumThe film All the President's MenThe film Apocalypse NowThe film The Deer HunterThe film PattonThe film Back to the FutureThe TV movie The Day AfterThe movie The Day the Earth Stood Still (1951)The book Euromissiles by Susan ColbournThe book The City We Became by N. K. Jemisin Hosted on Acast. See acast.com/privacy for more information.

On Tuesday, November 8, Americans finished casting their ballots in the midterm elections. Given that the president's party typically performs poorly in the midterms, Democrats were poised for major losses and Republicans were ready to celebrate a “red wave” handing them control of both the House and Senate. But instead, Democrats saw a striking overperformance—and as of Wednesday afternoon, control of both the House and Senate remains up for grabs. Lawfare senior editor Quinta Jurecic sat down with fellow senior editors Scott Anderson and Molly Reynolds to talk through what they know and don't know about the results. Was this a stay of execution for American democracy? If the GOP does take the House by a narrow margin, how hard is it going to be for the messy Republican caucus to stick together? And what do questions over control of Congress mean for the Jan. 6 investigation and key foreign policy issues, like aid to Ukraine?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In the summer of 2020, Lawfare's editor in chief Benjamin Wittes found out that he had been the subject of intelligence reports compiled by the Department of Homeland Security's Office of Intelligence and Analysis. It was a bizarre but troubling revelation, and it raised a lot of questions, not only about the propriety of those reports but also about the practice in general. Who else was I&A compiling intelligence reports about and on what basis? So, Ben filed a FOIA request and subsequently a lawsuit in hopes of getting some answers. He's written about this matter for Lawfare a number of times, including in an update published yesterday.Lawfare executive editor Natalie Orpett sat down with Ben to talk through it all. They discussed the background of the case, why so-called open source intelligence reports can be so dangerous, and what we've learned about DHS over the course of the litigation.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's Election Day in the United States—so while you wait for the results to come in, why not listen to a podcast about the other biggest story obsessing the political commentariat right now? We're talking, of course, about Elon Musk's purchase of Twitter and the billionaire's dramatic and erratic changes to the platform. In response to Musk's takeover, a great number of Twitter users have made the leap to Mastodon, a decentralized platform that offers a very different vision of what social media could look like. What exactly is decentralized social media, and how does it work? Lawfare senior editor Alan Rozenshtein has a paper on just that, and he sat down with Lawfare senior editor Quinta Jurecic on the podcast to discuss for an episode of our Arbiters of Truth series on the online information ecosystem. They were also joined by Kate Klonick, associate professor of law at St. John's University, to hash out the many, many questions about content moderation and the future of the internet sparked by Musk's reign and the new popularity of Mastodon.Among the works mentioned in this episode:“Welcome to hell, Elon. You break it, you buy it,” by Nilay Patel on The Verge“Hey Elon: Let Me Help You Speed Run The Content Moderation Learning Curve,” by Mike Masnick on Techdirt Hosted on Acast. See acast.com/privacy for more information.

It's Election Day in the United States—so while you wait for the results to come in, why not listen to a podcast about the other biggest story obsessing the political commentariat right now? We're talking, of course, about Elon Musk's purchase of Twitter and the billionaire's dramatic and erratic changes to the platform. In response to Musk's takeover, a great number of Twitter users have made the leap to Mastodon, a decentralized platform that offers a very different vision of what social media could look like. What exactly is decentralized social media, and how does it work? Lawfare senior editor Alan Rozenshtein has a paper on just that, and he sat down with Lawfare senior editor Quinta Jurecic on the podcast to discuss for an episode of our Arbiters of Truth series on the online information ecosystem. They were also joined by Kate Klonick, associate professor of law at St. John's University, to hash out the many, many questions about content moderation and the future of the internet sparked by Musk's reign and the new popularity of Mastodon.Among the works mentioned in this episode:“Welcome to hell, Elon. You break it, you buy it,” by Nilay Patel on The Verge“Hey Elon: Let Me Help You Speed Run The Content Moderation Learning Curve,” by Mike Masnick on TechdirtSupport this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The government has rested its case in chief in the criminal seditious conspiracy trial of Elmer Stewart Rhodes III and several other members of the Oath Keepers. The trial has been going on for the last several weeks, and Lawfare senior editor Roger Parloff has been in court every day keeping us up to date.Lawfare editor-in-chief Benjamin Wittes sat down with Roger to talk through it all. Who has the government put on the stand? What parts of the government's case has it proved, and what parts are a little bit dodgy? What can we expect as the defense presents its case, which began on Thursday? And what do we make of the government's silence on the question of the Insurrection Act?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Although codemaking and codebreaking often receive less attention in the public imagination than swashbuckling HUMINT operations and ingenious spy gadgets, they have changed history. The under-appreciation of cryptography might stem from a combination of the complexity of encryption, the classified nature of much of its technology, and the difficulty of conveying codebreaking effectively in pop culture.David Priess spoke with Vince Houghton about the realities and fictional representations of cryptography, as well as the challenges and rewards of making a compelling museum experience out of U.S. codemaking and codebreaking efforts. Houghton is director of the National Cryptologic Museum, the open-to-the-public museum of the National Security Agency. They talked while walking through the newly redesigned museum in Annapolis Junction, Maryland, highlighting various artifacts including early American codebreaking computers, German Enigma machines, the oldest known book of cryptography (from the 16th century), and code generators for U.S. nuclear weapons. They discussed the provenance of highly unusual items and the value of having so many of them on display. And they traded views on movies incorporating ciphers or codes, from The Da Vinci Code to Sneakers to The Empire Strikes Back to The Imitation Game.Chatter is a production of Lawfare and Goat Rodeo. This episode was produced by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From April 8, 2021: If you're listening to this podcast, the odds are that you've heard a lot about QAnon recently—and you might even have read some alarming reporting about how belief in the conspiracy theory is on the rise. But is it really?This week on Arbiters of Truth, the Lawfare Podcast's miniseries on our online information ecosystem, Evelyn Douek and Quinta Jurecic spoke with Joseph Uscinski, an associate professor of political science at the University of Miami who studies conspiracy theories. He explained why conspiracy theories in America aren't actually at a new apex, what kinds of people are drawn to ideas like QAnon and what role—if any—social media platforms like Facebook and Twitter should have in limiting the spread of conspiracy theories.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On October 30, Brazilians elected Luiz Inácio Lula da Silva as their next president. Within minutes, world leaders, including President Biden and Secretary Blinken, offered official congratulations. For Lulu supporters, the atmosphere was celebratory but tense, as many wondered if Lulu's opponent, incumbent Jair Bolsonaro—who once said the election would end either in his death, arrest, or victory—would accept the legitimate results of the election. To talk through that election and its aftermath, Lawfare managing editor Tyler McBrien sat down with Brian Winter, editor in chief of Americas Quarterly and a journalist with over a decade living and reporting across Latin America. They discussed whether warnings of an election crisis were alarmist or not, what's next for Bolsonaro and his movement, and what to watch for during Lulu's first 100 days.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Although codemaking and codebreaking often receive less attention in the public imagination than swashbuckling HUMINT operations and ingenious spy gadgets, they have changed history. The under-appreciation of cryptography might stem from a combination of the complexity of encryption, the classified nature of much of its technology, and the difficulty of conveying codebreaking effectively in pop culture. David Priess spoke with Vince Houghton about the realities and fictional representations of cryptography, as well as the challenges and rewards of making a compelling museum experience out of U.S. codemaking and codebreaking efforts. Houghton is director of the National Cryptologic Museum, the open-to-the-public museum of the National Security Agency. They talked while walking through the newly redesigned museum in Annapolis Junction, Maryland, highlighting various artifacts including early American codebreaking computers, German Enigma machines, the oldest known book of cryptography (from the 16th century), and code generators for U.S. nuclear weapons. They discussed the provenance of highly unusual items and the value of having so many of them on display. And they traded views on movies incorporating ciphers or codes, from The Da Vinci Code to Sneakers to The Empire Strikes Back to The Imitation Game.Chatter is a production of Lawfare and Goat Rodeo. This episode was produced by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Among the works mentioned in this episode:The film The Imitation GameThe film The Da Vinci CodeThe TV show AndorThe film Rogue OneThe film The Empire Strikes BackThe film Sneakers Hosted on Acast. See acast.com/privacy for more information.

Last week, Lawfare published a piece by Lawfare's legal fellow Saraphin Dhanani called, “The Case for Designating the Donetsk and Luhansk People's Militias as Foreign Terrorist Organizations.” The article considered whether the Russian-backed militias operating in the Ukrainian provinces of Donetsk and Luhansk can be properly designated as FTOs, and whether they should be.Lawfare executive editor Natalie Orpett sat down with Saraphin and with Lawfare's editor-in-chief Benjamin Wittes, who has also been giving this topic a lot of thought. They discussed the legal requirements for FTO designation, how such a designation would interact with the existing sanctions regime the United States has imposed in response to Russia's war in Ukraine, and what impact FTO designations might have on the conflict.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In recent weeks, the Biden administration has released a trio of long-awaited strategy documents, including the National Security Strategy, the National Defense Strategy, and the Nuclear Posture Review. But how should we read these documents, and what do they actually tell us about how the Biden administration intends to approach the world?To answer these questions, Lawfare senior editor Scott R. Anderson sat down with Richard Fontaine, chief executive officer of the Center for a New American Security, who is himself also a former National Security Council official and senior congressional adviser. They discussed the role these strategy documents play in U.S. foreign policy, what we can learn from them, and what they say about the state of the world and the United States' role in it.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The effect of the digital revolution on privacy has been mixed, to say the least, and for intimate privacy—information about our health, sexual activities, and relationships—it's been a downright disaster. Corporations and governments surveil us, former sexual partners post revenge pornography online, and our virtual reality future threatens to take privacy intrusions to a whole new level. Danielle Citron is a professor at the University of Virginia Law School, a MacArthur Fellow, and the leading law reformer on digital privacy. She's just released a new book, “The Fight for Privacy: Protecting Dignity, Identity, and Love in the Digital Age.” Lawfare senior editor Alan Rozenshtein sat down with Danielle to talk about her research and advocacy, the dangers that technology and the market pose to intimate privacy, and what we can do to fight back. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From August 24, 2020: In recent months, relations between the United States and China seem to have reached a new low as disagreements over trade, tech, human rights and the coronavirus have led the two sides to exchange increasingly harsh rhetoric. Just weeks ago, Secretary of State Mike Pompeo went so far as to suggest that the decades-long experiment of U.S. engagement with China had been a mistake. But is this heightened tension just a bump in the road, or is it a new direction for one of the United States's most important bilateral relationships? To discuss these issues, Scott R. Anderson sat down with an all-star panel of China watchers, including Tarun Chhabra of the Brookings Institution and Georgetown Center for Security and Emerging Technology, Elsa Kania of the Center for a New American Security, and Rob Williams, executive director of the Paul Tsai China Center at Yale Law School.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

There's been a lot of discussion about whether Donald Trump should be indicted. Lately, that discussion has focused on the documents the FBI seized from Mar-a-lago or the Jan. 6 committee's revelations about his efforts to overturn the 2020 election. But what about his speech on the ellipse on Jan. 6 when he told a crowd of thousands to “fight like hell,” and they went on to attack the Capitol? Isn't that incitement? Lawfare executive editor Natalie Orpett sat down with Alan Rozenshtein, a senior editor at Lawfare and an associate professor at the University of Minnesota Law School, and Jed Shugerman, a professor at Fordham Law School. Alan and Jed explained the complicated First Amendment jurisprudence protecting political speech, even when it leads to violence, and why they believe that given everything we know now, Trump may in fact be criminally liable. They also reference Alan and Jed's law review article in Constitutional Commentary, “January 6, Ambiguously Inciting Speech, and the Overt-Acts Solution” (forthcoming 2023).Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Claudia Swain is Lawfare's digital strategist—but before coming to Lawfare, she worked at the Federal Railroad Administration, deep in the bureaucracy. She recently wrote an article for Lawfare called, “The Emerging Cyber Threat to the American Rail Industry,” which is a bit of a chilling read about the threat that the American rail industry faces as a result of, of all things, new computerized safety systems. Benjamin Wittes sat down with Claudia for a fascinating conversation about Positive Train Control, this new computerized system, and the potential cybersecurity threats it poses. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This past weekend, the Chinese Communist Party held its 20th National Congress, an event held every five years at which it appoints its senior leadership who in turn holds the reins of China's government. This year, the event focused on one man, Xi Jinping, the current president of China, who secured an unprecedented, third consecutive five-year term as the party's senior-most official and was able to staff the party apparatus with hand-chosen loyalists, even at the expense of his predecessors and other factions in the party.To discuss these events, Lawfare senior editor Scott R. Anderson sat down with Sophia Yan, China correspondent for The Telegraph, and Julian Ku, Professor of Law at Hofstra University. They discussed what went down at the National Congress, where it says China is headed in the next five years, and what it might mean for its relationship with the United States.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In two weeks, millions of Americans will head to the polls for the 2022 midterm election. During that time, an estimated one million poll workers will help administer the election and ensure the process runs safely and smoothly.Ahead of the midterms, Lawfare managing editor Tyler McBrien sat down with Rachel Orey, associate director of the Bipartisan Policy Center Elections Project, and Grace Gordon, a policy analyst on the project, to talk through their latest report, “Fortifying Election Security Through Poll Worker Policy.” They discussed how elections are fundamentally a human enterprise, why poll workers are so important, and how states can better safeguard against efforts to use poll workers to undermine election credibility.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Last month, the George Washington University Program on Extremism published a report called, “Mayhem, Murder, and Misdirection: Violent Extremist Attack Plots Against Critical Infrastructure in the United States.” To talk through that report and a recent Lawfare article on the topic, Lawfare managing editor Tyler McBrien sat down with Ilana Krill, a research fellow at the Program on Extremism, and Seamus Hughes, the program's deputy director. They discussed the white supremacists and Salafi-jihadists who make up these movements, the encrypted channels through which propaganda and plans are spread, and what's to be done to protect critical infrastructure in the United States.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Olivia Troye has worked in the Republican National Committee, the Pentagon, the Coalition Provisional Authority in Baghdad, the National Counterterrorism Center, and the Department of Homeland Security. But it was her role on the small team directly supporting Vice President Mike Pence that brought her the most challenging experiences of her career while making her all too aware of the surprisingly thin staffing for the next in line to the presidency.Lawfare publisher David Priess spoke to Troye about her path from El Paso to Philadelphia to Washington, her experience on Capitol Hill on 9/11, serving in Baghdad after the U.S. invasion, working at the National Counterterrorism Center and the Department of Homeland Security, differences between core National Security Council staff and the support staff for the vice president, the many different tasks that support to a vice president entails, Mike Pence as a customer of the President's Daily Brief, the value of civil service professionals, the ups and downs of working with Pence during the COVID-19 pandemic, the inappropriate handling of classified material she saw during her final years on the job, the ethical reasons spurring her to leave government service, the importance of reasonable gun control, and more.Chatter is a production of Lawfare and Goat Rodeo. This episode was produced by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

To celebrate the announcement of the upcoming launch of Peach Fish's newest podcast, Not Even Mad, in this installment of Best Of The Gist, we are replaying Mike's January 18, 2017 interview with Heather Hendershot. Heather watched nearly 1,500 episodes of William F. Buckley's pioneering TV show Firing Line, and though she still doesn't agree with Buckley, she admires how he created a place for high-minded argument. Then we will listen to some bonus content from Mike's Thursday interview with David Priess, former CIA intelligence briefer and current Publisher of Lawfare about the work of the January 6th Committee. Produced by Joel Patterson and Corey Wara Email us at thegist@mikepesca.com To advertise on the show, visit: https://advertisecast.com/TheGist  Learn more about your ad choices. Visit megaphone.fm/adchoices

From February 5, 2021: Some countries don't just abuse their citizens within their own borders; increasingly, they target individuals after they have gone abroad. A range of nefarious acts play a role here, and together they make up a phenomenon called transnational repression.Nate Schenkkan, the director of research strategy at Freedom House, and Isabel Linzer, Freedom House's research analyst for technology and democracy, are the two authors of "Out of Sight, Not Out of Reach: Understanding Transnational Repression," a new report detailing the practice and Freedom House's research on the topic. David Priess sat down with them to discuss the variety of forms transnational repression can take; whom is targeted and why; examples from the governments of Russia, Saudi Arabia, China, Rwanda, and even Equatorial Guinea; and recommendations to buck this growing trend.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Recently, Charlie Savage of the New York Times reported that the Biden administration had finalized a new policy governing drone strikes used in counterterrorism operations outside war zones. The policy tightens up rules established under the Trump administration—which themselves replaced an earlier guidance set out by President Obama. President Biden's policy is the latest effort to calibrate America's use of force in a 21st-century conflict outside the traditional battlefield.To talk through Charlie's reporting, Lawfare senior editor Quinta Jurecic sat down with him and Lawfare cofounder Bobby Chesney, who has closely observed this area of U.S. law and policy. They discussed how U.S. counterterrorism operations have changed in recent years, how Biden's approach compares to the Obama and Trump policies before it, and the significance of these changes for U.S. counterterrorism going forward. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.