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This episode of the Lawfare Podcast features Glen Weyl, economist and author at Microsoft Research; Jacob Mchangama, Executive Director of the Future of Free Speech Project at Vanderbilt; and Ravi Iyer, Managing Director of the USC Marshall School Neely Center.Together with Renee DiResta, Associate Research Professor at the McCourt School of Public Policy at Georgetown and Contributing Editor at Lawfare, they talk about design vs moderation. Conversations about the challenges of social media often focus on moderation—what stays up and what comes down. Yet the way a social media platform is built influences everything from what we see, to what is amplified, to what content is created in the first place—as users respond to incentives, nudges, and affordances. Design processes are often invisible or opaque, and users have little power—though new decentralized platforms are changing that. So they talk about designing a prosocial media for the future, and the potential for an online world without Caesars.Articles Referenced:https://arxiv.org/abs/2502.10834https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4178647https://www.techdirt.com/2025/01/27/empowering-users-not-overlords-overcoming-digital-helplessness/https://kgi.georgetown.edu/research-and-commentary/better-feeds/https://knightcolumbia.org/content/the-algorithmic-management-of-polarization-and-violence-on-social-mediahttps://time.com/7258238/social-media-tang-siddarth-weyl/https://futurefreespeech.org/scope-creep/https://futurefreespeech.org/preventing-torrents-of-hate-or-stifling-free-expression-online/https://www.thefai.org/posts/shaping-the-future-of-social-media-with-middlewareTo receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
From March 12, 2019: As the nation braces for the forthcoming end of special counsel Robert Mueller's investigation into President Trump and his associates, The Lawfare Podcast decided to take a look back at the complete history of special prosecutors.Benjamin Wittes sat down with Andrew Coan, a professor of law at the James E. Rogers College of Law at the University of Arizona. Coan recently published "Prosecuting the President," which traces the history of how special prosecutors and counsels work to keep the executive branch accountable for its actions. Ben and Andrew discussed the book, the Teapot Dome Scandal, the Whiskey Ring, and what all of that might mean for the future of special counsels.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
From November 12, 2016: This week, the Lawfare Podcast brings you a joint episode of the show together with Rational Security. The usual Rational Security gang—Shane, Ben, Tamara, and Susan—reflect on the results of the election and ask: What national security themes drove Donald Trump's supporters? What challenges does Trump face forming a government? And how will America's allies react to his election?To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
In early September, the U.S. Justice Department released a trove of information about the Russian influence campaign known as “Doppelganger”—a Kremlin-backed effort that created faux versions of familiar news websites and seeding them with fake material. Just a few weeks later, the German publication Süddeutsche Zeitung reported that it had received a tranche of hacked materials from inside the Doppelganger operation. Thomas Rid, a professor at Johns Hopkins University's School of Advanced International Studies and the founding director of the school's Alperovitch Institute for Cybersecurity Studies, got an inside look at those documents. In a new article in Foreign Affairs, “The Lies Russia Tells Itself,” he examines the “granular operational insight” that this material provides into the active measures campaign. He joined the Lawfare Podcast to talk with Lawfare Senior Editor Quinta Jurecic about his findings—and why he believes the documents show that “the biggest boost the Doppelganger campaigners got was from the West's own anxious coverage of the project.”To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
From April 1, 2021: This week on Arbiters of Truth, the Lawfare Podcast's miniseries on our online information ecosystem, Evelyn Douek and Quinta Jurecic spoke with Issie Lapowsky, a senior reporter at the tech journalism publication Protocol. They discussed last week's hearing before the House Energy and Commerce Committee with the CEOs of Facebook, Google and Twitter—the first time the companies had been called to testify on the Hill after the Capitol riot, which focused public attention on the content moderation policies of tech platforms when it comes to domestic extremism. The hearing produced some interesting takeaways, but also a lot of moments when the CEOs were awkwardly forced to answer complicated questions with a simple "yes" or "no" answer.They also discussed Issie's reporting on how tech companies have struggled to figure out how to address far-right extremism in the United States as opposed to Islamist extremism. And they talked about Section 230 reform and what it's like reporting on the tech space.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
Rick Howard, N2K's CSO and The CyberWire's Chief Analyst and Senior Fellow, presents the argument for why the SEC was misguided when it charged the SolarWinds CISO, Tim Brown, with fraud the after the Russian SVR compromised the SolarWinds flagship product, Orion. Our guests are, Steve Winterfeld, Akamai's Advisory CISO, and Ted Wagner, SAP National Security Services CISO. References: Andrew Goldstein, Josef Ansorge, Matt Nguyen, Robert Deniston, 2024. Fatal Flaws in SEC's Amended Complaint Against SolarWinds [Analysis]. Crime & Corruption. Anna-Louise Jackson, 2023. Earnings Reports: What Do Quarterly Earnings Tell You? [Explainer]. Forbes. Brian Koppelman, David Levien, Andrew Ross Sorkin, 2016 - 2023. Billions [TV Show]. IMDb. Dan Goodin, 2024. Financial institutions have 30 days to disclose breaches under new rules [News]. Ars Technica. David Katz, 021. Corporate Governance Update: “Materiality” in America and Abroad [Essay]. The Harvard Law School Forum on Corporate Governance. Jessica Corso, 2024. SEC Zeroes In On SolarWinds Exec In Revised Complaint [Analysis]. Law360. Johnathan Rudy, 2024. SEC files Amended complaint against SolarWinds and CISO [Civil Action]. LinkedIn. Joseph Menn, 2023. Former Uber security chief Sullivan avoids prison in data breach case [WWW DocumentNews]. The Washington Post. Kim Zetter, 2014. Countdown to Zero Day: Stuxnet and the Launch of the World's First Digital Weapon [Book]. Goodreads. Kim Zetter, 2023. SEC Targets SolarWinds' CISO for Rare Legal Action Over Russian Hack [WWW Document]. ZERO DAY. Kim Zetter, 2023. SolarWinds: The Untold Story of the Boldest Supply-Chain Hack [Essay]. WIRED. Rick Howard, 2022. Cyber sand table series: OPM [Podcast]. The CyberWire - CSO Perspectives Podcast. Rick Howard, 2023. Cybersecurity First Principles: A Reboot of Strategy and Tactics [Book]. Goodreads. Pam Baker, 2021. The SolarWinds hack timeline: Who knew what, and when? [Timeline]. CSO Online. Staff, 2009. Generally Accepted Accounting Principles (Topic 105) [Standard]. PWC. Staff. 30 October 2023. SEC Charges SolarWinds and Chief Information Security Officer with Fraud, Internal Control Failures [Website]. The U.S. Securities and Exchange Commision. Staff, 31 October 2023. Securities and Exchange Commission v. SolarWinds Corporation and Timothy G. Brown, No. 23-civ-9518 (SDNY) [Case]. The Securities and Exchange Commission. Staff, 29 March 2024. Cooley, Cybersecurity Leaders File Brief Opposing SEC's SolarWinds Cyberattack Case [Press Release]. Cooley. Stephanie Pell, Jennifer Lee , Shoba Pillay, Jen Patja Howell, 2024. The SEC SolarWinds Enforcement Action [Podcast]. The Lawfare Podcast.
From September 12, 2015: On this week's Lawfare Podcast, Benjamin Wittes sits down with Professor Gabriella Blum, professor at Harvard Law School, and Dustin Lewis, a senior researcher at Harvard Law Schools' Program on International Law and Armed Conflict, to discuss their new report written with Naz Modirzadeh entitled Medical Care in Armed Conflict: IHL and State Responses to Terrorism. The conversation takes a look at whether we should consider medical care a form of illegitimate support to terrorists. Their argument? We shouldn't, because IHL lays down extensive protections for medical care, and those protections in many instances should also constrain domestic material support cases. Yet the authors make clear that in their view, there's also more to be done, as there are gaps and weaknesses in the protections afforded by IHL itself.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
In today's Lawfare Podcast, Lawfare Executive Editor Natalie Orpett sat down with Lawfare Senior Editors Quinta Jurecic, Roger Parloff, and Alan Rosenstein. In a live conversation recorded less than an hour after Supreme Court Oral Arguments concluded, they discussed presidential immunity, and whether former president Trump is immune from prosecution for his alleged efforts to overturn the 2020 election.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
Starting Monday, April 22, the Lawfare Podcast feed is gonna look a little different.Our daily show, the Lawfare Podcast, will remain on this feed, along with Rational Security and Chatter. We'll also be adding some important new content as well.Starting with opening statements in the New York state court trial against Donald Trump, we will discuss the events of the day's proceedings on a short livestream dispatch on our YouTube channel. These dispatches, which we'll record after court lets out on trial days (Mondays, Tuesdays, Thursdays, and Fridays), will be available in podcast form on this feed the following day. They'll be called Trump Trials & Tribulations: N.Y. Trial Dispatch.Our weekly Trump's Trials & Tribulations livestream, which we've been holding on Thursdays, will move to Wednesday afternoons, when court is not in session. (We've been releasing podcast versions of the livestream on Saturdays; these will move to Thursdays.) In addition to a short overview of the previous week's proceedings in the New York case, we will continue to bring you updates on the cases in Florida, Fulton County, and Washington, D.C. As always, our Material Supporters will be able to join the discussion via Riverside and ask questions live.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
Hosted by the William and Flora Hewlett Foundation Cyber Initiative and Aspen Digital, Verify 2024 brings together journalists and cyber and tech policy experts to discuss critical issues in cybersecurity. For this live recording of the Lawfare Podcast, Lawfare Editor-in-Chief Benjamin Wittes sat down at Verify 2024 to talk about information ecology and 19th-century naturalism with Alicia Wanless, the Director of the Partnership for Countering Influence Operations at the Carnegie Endowment for International Peace, and Chinmayi Sharma, an Associate Professor at Fordham Law School.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
Friday morning in Fulton County, Georgia, Judge Scott McAfee issued an opinion in the matter of the disqualification of District Attorney Fani Willis. It was not a complete victory for anybody. The defense didn't get Fani Willis booted from the case, but they did get Nathan Wade booted from the case. And Fani Willis has to contend with the loss of her special prosecutor, as well as some scorching criticism from the judge. Lawfare Editor-in-Chief Benjamin Wittes discussed it all on a live recording of the Lawfare Podcast with Lawfare Legal Fellow and Courts Correspondent Anna Bower, and Andrew Fleischman, a Georgia defense attorney and frequent Fani Willis critic. They talked about what Judge McAfee did, whether there is a serious prospect for a successful appeal, what Fani Willis's next moves are likely to be, and whether there's going to be a spree of plea deals in response. They also talked about whether the case is now back on track and headed to trial.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
It's another episode of “Trump's Trials and Tribulations,” recorded on March 14 in front of a live audience on YouTube and Riverside. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor Roger Parloff and Lawfare Legal Fellow and Courts Correspondent Anna Bower to talk about the Thursday hearing in the Mar-a-Lago case and everything Judge Cannon still needs to rule on. They also discussed how Judge McAfee may rule in whether to disqualify Fulton County DA Fani Willis and why the New York City trial may be delayed by a month. And of course, they took audience questions from Lawfare Material Supporters on Riverside.To be able to submit questions to the panelists, become a Material Supporter at lawfaremedia.org/support.This episode was recorded on Thursday, which was before Judge McAfee issued his order on the motion to disqualify the Fulton County DA's Office from the 2020 Georgia election interference case. We recorded a separate live podcast on that decision, which you can find now on YouTube or listen to it on Monday on the Lawfare Podcast feed.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
On March 13, Judge McAfee released an order quashing six counts in the Fulton County electoral interference indictment against former President Trump and his numerous co-defendants. These charges were related to alleged solicitation of violations of oath of office, and Judge McAfee quashed the charges due to insufficient evidence.To talk over the order and its implications, Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Legal Fellow Anna Bower and Anthony Michael Kreis for a live recording of the Lawfare Podcast on YouTube. They talked about what exactly a demurrer is and what led Judge McAfee to dismiss these counts. They also talked about what this order could say about how Judge McAfee might rule on the efforts to disqualify Fani Willis, whether it matters that these charges were dismissed, and whether the District Attorney will go back to a grand jury.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
From January 6, 2020: On Friday, the Lawfare Podcast hosted a conversation on the wide-ranging policy implications of the U.S. strike that killed Iran's Islamic Revolutionary Guard Corps' leader Qassem Soleimani and Abu Mahdi al-Mohandes, deputy commander of Iraq's quasi-official Popular Mobilization Forces and leader of the Iraqi militia and PMF Keta'ib Hezbollah.Today's special edition episode leaves the policy debate behind to zero-in on the law behind the strike. Law of war and international law experts Scott R. Anderson, Bobby Chesney, Jack Goldsmith, Ashley Deeks and Samuel Moyn join Benjamin Wittes to discuss the domestic and international law surrounding the strike, how the administration might legally justify it, what the president might do next and how Congress might respond.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
From September 26, 2015: On this week's Lawfare Podcast, Gregory Johnsen outlines the current state-of-play in Yemen. Johnsen, who is a writer-at-large for Buzzfeed News, a doctoral candidate at Princeton University, and an all-things-Yemen-expert, walks Ben through the byzantine power politics in Sanaa that led to the conflict now engulfing Yemen and he explains why the war shouldn't be viewed as just another Sunni-Shia fight. Yet while he clarifies that the issues that sparked the war are much more local, he warns that the longer the conflict goes on, the more likely it is to expand. Johnsen also outlines the events that led to the Saudi intervention and whether or not Yemen—which he says is really twelve separate factions now—can ever be put back together again.Johnsen is the author of The Last Refuge: Yemen, al Qaeda, and America's War in Arabia. Follow him on Twitter for the latest updates on Yemen.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
In May 2023, Montana passed a new law that would ban the use of TikTok within the state starting on January 1, 2024. But as of today, TikTok is still legal in the state of Montana—thanks to a preliminary injunction issued by a federal district judge, who found that the Montana law likely violated the First Amendment. In Texas, meanwhile, another federal judge recently upheld a more limited ban against the use of TikTok on state-owned devices. What should we make of these rulings, and how should we understand the legal status of efforts to ban TikTok?We've discussed the question of TikTok bans and the First Amendment before on the Lawfare Podcast, when Lawfare Senior Editor Alan Rozenshtein and Matt Perault, Director of the Center on Technology Policy at UNC-Chapel Hill, sat down with Ramya Krishnan, a staff attorney at the Knight First Amendment Institute at Columbia University, and Mary-Rose Papandrea, the Samuel Ashe Distinguished Professor of Constitutional Law at the University of North Carolina School of Law. In light of the Montana and Texas rulings, Matt and Lawfare Senior Editor Quinta Jurecic decided to bring the gang back together and talk about where the TikTok bans stand with Ramya and Mary-Rose, on this episode of Arbiters of Truth, our series on the information ecosystem.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
In May 2023, Montana passed a new law that would ban the use of TikTok within the state starting on January 1, 2024. But as of today, TikTok is still legal in the state of Montana—thanks to a preliminary injunction issued by a federal district judge, who found that the Montana law likely violated the First Amendment. In Texas, meanwhile, another federal judge recently upheld a more limited ban against the use of TikTok on state-owned devices. What should we make of these rulings, and how should we understand the legal status of efforts to ban TikTok?We've discussed the question of TikTok bans and the First Amendment before on the Lawfare Podcast, when Lawfare Senior Editor Alan Rozenshtein and Matt Perault, Director of the Center on Technology Policy at UNC-Chapel Hill, sat down with Ramya Krishnan, a staff attorney at the Knight First Amendment Institute at Columbia University, and Mary-Rose Papandrea, the Samuel Ashe Distinguished Professor of Constitutional Law at the University of North Carolina School of Law. In light of the Montana and Texas rulings, Matt and Lawfare Senior Editor Quinta Jurecic decided to bring the gang back together and talk about where the TikTok bans stand with Ramya and Mary-Rose, on this episode of Arbiters of Truth, our series on the information ecosystem. Hosted on Acast. See acast.com/privacy for more information.
In the past few weeks, there have been several notable developments in lawsuits seeking to disqualify Donald Trump from the 2024 election under Section 3 of the 14th Amendment. The Minnesota Supreme Court dismissed a case against Trump but invited the petitioners to refile once Trump won the GOP nomination. A court in Michigan rejected a challenge to Trump's eligibility on the grounds that Congress, not the courts, should ultimately decide. And, most recently, a Colorado trial court held that, although Trump did engage in insurrection before and during Jan. 6, Section 3 does not apply to presidents.As these and other cases make their way through the courts, and with the potential that the Supreme Court will at some point weight in, we're bringing you another portion of a conference held last month at the University of Minnesota Law School (for a previous excerpt, see the November 1 edition of the Lawfare Podcast). This panel, focusing on the interplay between the Section 3 challenges and election law, was moderated by University of Minnesota Law School Professor Nick Bednar, and featured Professor Ned Foley of the Ohio State College of Law, Professor Derek Muller of Notre Dame Law School, and Professor Andrea Katz of Washington University School of Law.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
A few weeks ago, an organization that works in the democracy protection space asked Lawfare Editor-in-Chief Benjamin Wittes and Lawfare Senior Editor Scott R. Anderson to give a talk about what would happen if Donald Trump both got convicted and got elected. And for this episode of the Lawfare Podcast, we've reprised that conversation, with an accompanying YouTube version including their PowerPoint presentation.Ben and Scott talked about what could happen if a president gets convicted and then gets elected, including how the system might respond if it's a federal case, if it's a state case, if the case is pending, and if the case is already wrapped up. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
In the wake of Donald Trump's role in the attempt to overturn the 2020 election and the Jan. 6 attack on the Capitol, lawsuits in states around the country are seeking to disqualify him from the 2024 election. Challengers to his eligibility invoke Section 3 of the Fourteenth Amendment, which provides in relevant part that "No person shall . . . hold any office . . . under the United States . . . who, having previously taken an oath . . . as an officer of the United States . . . to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof."As of now, there are nearly two dozen states in which litigation is ongoing to bar Trump from the ballot, and that number is only expected to grow. Earlier this week, a Colorado district began a week-long bench trial and, this Thursday, the Minnesota Supreme Court will hear oral argument. And if a state does disqualify Trump, the United States Supreme Court will no doubt immediately hear the case.On Monday October 30, the University of Minnesota Law School held a conference with leading law and political science scholars on "Section 3, Insurrection, and the 2024 Election: Does the Fourteenth Amendment Bar Donald Trump from the Presidency?" Today's Lawfare Podcast is a recording of one of the conference panels, which focused on the political implications of the Section 3 cases.The moderator was Larry Jacobs of the Hubert H. Humphrey School of Public Affairs at the University of Minnesota, and the panelists were Julia Azari, a Professor of Political Science at Marquette University; Ilya Somin, a Professor of Law at George Mason University's Antonin Scalia Law School; and Eric Segall, a Professor of Law at the Georgia State College of Law.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
Over the course of the last two presidential elections, efforts by social media platforms and independent researchers to prevent falsehoods from spreading about election integrity have become increasingly central to civic health. But the warning signs are flashing as we head into 2024. And platforms are arguably in a worse position to counter falsehoods today than they were in 2020. How could this be? On this episode of Arbiters of Truth, our series on the information ecosystem, Lawfare Senior Editor Quinta Jurecic sat down with Dean Jackson, who previously sat down with the Lawfare Podcast to discuss his work as a staffer on the Jan. 6 committee. He worked with the Center on Democracy and Technology to put out a new report on the challenges facing efforts to prevent the spread of election disinformation. They talked through the political, legal, and economic pressures that are making this work increasingly difficult—and what it means for 2024.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
Over the course of the last two presidential elections, efforts by social media platforms and independent researchers to prevent falsehoods from spreading about election integrity have become increasingly central to civic health. But the warning signs are flashing as we head into 2024. And platforms are arguably in a worse position to counter falsehoods today than they were in 2020. How could this be? On this episode of Arbiters of Truth, our series on the information ecosystem, Lawfare Senior Editor Quinta Jurecic sat down with Dean Jackson, who previously sat down with the Lawfare Podcast to discuss his work as a staffer on the Jan. 6 committee. He worked with the Center on Democracy and Technology to put out a new report on the challenges facing efforts to prevent the spread of election disinformation. They talked through the political, legal, and economic pressures that are making this work increasingly difficult—and what it means for 2024. Hosted on Acast. See acast.com/privacy for more information.
Today we're bringing you a special edition of the Lawfare Podcast: another episode of our series, Trump Trials and Tribulations, recorded live on YouTube before an audience of Lawfare Material Supporters. On Thursday, Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor Quinta Jurecic and Lawfare Legal Fellows Saraphin Dhanani and Anna Bower to get an update on everything that's been going on in the Mar-a-Lago case, in the Georgia Fulton County case, and in the Jan. 6 case in Washington. They talked about that marathon hearing in Georgia where Mark Meadows testified, about Judge Chutkan setting a trial date in Washington, about why Judge Cannon in Florida is not doing anything, and about the non-criminal cases—the attorney discipline cases—that a number of lawyers involved in Jan. 6 are facing.Please join us next time by becoming a Material Supporter at our website, lawfaremedia.org/support, or subscribing to our YouTube channel.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
The district attorney for Fulton Co., Georgia, issued a fourth criminal indictment of former President Donald Trump late last night, for crimes relating to efforts to manipulate the 2020 election results. Lawfare will be hosting a live online discussion of the indictment and what it means. Check our website, lawfaremedia.org, for details and links to watch. Become a Material Supporter of Lawfare to join the conversation live and ask us your questions.The audio from that session will be released as an episode of the Lawfare Podcast after the event.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
With the indictment and arraignment of former President Donald Trump this past week, Jan. 6 and its aftermath are very much on people's minds. So for today's Lawfare Podcast archive episode, we're bringing you the first episode of our narrative podcast series on precisely that topic. It's called The Aftermath.In this first episode, we looked at the events of Jan. 6 itself and all of the questions about accountability that followed. We recorded this first episode in 2021, long before we knew that Trump would eventually be indicted for his role in all of this. It's a reminder of how things looked at the time.You can listen to the whole first season of The Aftermath on our website, or wherever you get your podcasts.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
It was a big day in the legal travails of Donald Trump. We awoke this morning to news from the former president himself that he had received another target letter from special counsel Jack Smith, this time from the Jan. 6 grand jury. An indictment seems to be imminent. Incoming Lawfare Legal Fellow Anna Bower spent the day in federal court in Fort Pierce, where Judge Aileen Cannon was hearing the first major status conference of the Mar-a-Lago case. And just as Anna was coming out of court, the Attorney General of Michigan announced that she had brought cases against several fake electors from the 2020 election in that state.Lawfare Editor-in-Chief Benjamin Wittes sat down with Anna and with Lawfare Senior Editor Roger Parloff for a live taping of The Lawfare Podcast to go over it all. What do we know about the apparently forthcoming new case against Donald Trump? What do we know about the fake electors case in Michigan? And what happened in the courtroom when Judge Cannon faced her first hearing as the presiding judge in the Mar-a-Lago case?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
In April, former Vice President Mike Pence testified before a federal grand jury under subpoena as part of the special counsel's investigation into January 6. The testimony came after the district court rejected Pence's challenge to the validity of the subpoena under the Speech or Debate Clause of the Constitution. And now, months later, Chief Judge James Boasberg has unsealed his ruling on the matter, along with other documents related to Pence's challenge.When news of the subpoena first broke, Lawfare Senior Editors Molly Reynolds and Quinta Jurecic sat down with Mike Stern and Eric Columbus on the Lawfare Podcast to talk through the issues raised. Now that we have more details about just what took place, Molly and Quinta invited Mike and Eric back to discuss what they made of Pence's argument and the court's decision, and what this episode adds to our understanding of the Jan. 6 investigation more broadly.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
From April 19, 2019: A redacted version of the 448-page Mueller report dropped yesterday, and there's a lot to say about it. In this Special Edition of the Lawfare Podcast, Bob Bauer, Susan Hennessey, Mary McCord, Paul Rosenzweig, Charlie Savage and Benjamin Wittes discuss what the report says about obstruction and collusion, Mueller's legal theories and what this all means for the president and the presidency.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
From January 20, 2018: This week on the Lawfare Podcast, the Guardian's Moscow correspondent Shaun Walker joined special guest host Alina Polyakova to discuss his new book "The Long Hangover: Putin's New Russia and the Ghosts of the Past." They discussed Putin's use of Russian history as political strategy, the pulse of Russian politics as its elections approach in March, the changing landscape of Russia's lesser-known cities since the 1990s, and much more.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
The grand jury indictment of Donald Trump in the Supreme Court of the State of New York has been unsealed. It involves Stormy Daniels, Karen McDougal, David Pecker, the famous doorman, Trump Tower, and a lot of salacious stuff—and 34 counts of falsified business records with intent to facilitate other crimes.On this emergency edition of the Lawfare Podcast, Lawfare Editor-in-Chief Benjamin Wittes sat down to unpack it all with Rebecca Roiphe of the New York Law School, Lawfare Senior Editor Quinta Jurecic, Lawfare's Fulton County correspondent Anna Bower, and Lawfare Legal Fellow Saraphin Dhanani.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
Hosted by the William and Flora Hewlett Foundation Cyber Initiative and Aspen Digital, Verify 2023 brings together journalists and cyber and tech policy experts to discuss critical issues in cybersecurity. For this live recording of the Lawfare Podcast, Benjamin Wittes sat down at Verify 2023 with Alex Stamos of the Stanford Internet Observatory; Nicole Perlroth, formerly of the New York Times and the author of a recent book on zero days; and Dave Willner, the Head of Trust & Safety at OpenAI, the company that produces ChatGPT. They talked about cybersecurity and AI, the threats to AI algorithms, the threats from AI algorithms, and the threats from humans misusing large language models. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
From March 18, 2021: On this episode of Arbiters of Truth, the Lawfare Podcast's miniseries on our online information ecosystem, Evelyn Douek and Quinta Jurecic spoke with Daphne Keller, the director of the Program on Platform Regulation at Stanford's Cyber Policy Center and an expert on Section 230 of the Communications Decency Act, the statute that shields internet platforms from civil liability for third-party content on their websites. The statute has been criticized by both Democrats and Republicans, and both President Trump and President Biden separately called for its repeal. So what should we expect in terms of potential revision of 230 during the current Congress? What does Daphne think about the various proposals on the table? And how is it that so many proposals to reform 230 would be foiled by that pesky First Amendment?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
Air Date 1/3/2022 Today, we take a look at the emerging implementation of facial recognition technology in public and commercial spaces along with the tracking and "amplifagandizing" capabilities of TikTok Be part of the show! Leave us a message or text at 202-999-3991 or email Jay@BestOfTheLeft.com Transcript BestOfTheLeft.com/Support (Get AD FREE Shows and Bonus Content) Join our Discord community! SHOW NOTES Ch. 1: Twitter, Facial Recognition and the First Amendment - The Lawfare Podcast - Air Date 4-15-21 This week on Arbiters of Truth, the Lawfare Podcast's miniseries on our online information ecosystem, Evelyn Douek and Quinta Jurecic spoke with Jameel Jaffer and Ramya Krishnan of the Knight First Amendment Institute. Ch. 2: Addressing the TikTok Threat Part 1 - Your Undivided Attention - Air Date 9-8-22 TikTok, the flagship app of the Chinese company Bytedance, recently surpassed Google and Facebook as the most popular site on the internet in 2021, and is expected to reach more than 1.8 billion users by the end of 2022. Ch. 3: https://www.abc.net.au/radionational/programs/lifematters/privacy,-your-face-and-the-rise-of-facial-recognition/13946990 Several large retailers, including Kmart and Bunnings, already use facial recognition technology in their stores – collecting biometric data that is as unique as a fingerprint – but are customers aware of how their facial data is being captured and used? Ch. 4: NJ Legal Rights & NYPD's Facial Recognition Technology - The Brian Lehrer Show - Air Date 9-30-22 Alexander Shalom, senior supervising attorney and director of Supreme Court advocacy at the ACLU-NJ, talks about the implications of a case in Hudson County, NJ, where a suspect was identified using the NYPD's facial recognition technology. Ch. 5: The problem with banning TikTok - Vox - Air Date 8-29-20 TikTok's in trouble. But so is the internet as we know it. Ch. 6: Are You Feeding a Powerful Facial Recognition Algorithm? - NOVA PBS Official - Air Date 4-23-21 Facial recognition technology has great potential to help law enforcement identify suspects. But collecting and storing data from online photos has raised concern among critics. Ch. 7: Addressing the TikTok Threat Part 2 - Your Undivided Attention - Air Date 9-8-22 Ch. 8: Why Facial Recognition Technology Is So Dangerous - Second Thought - Air Date 7-3-20 Government crackdowns, hyper-personalized ads, real-time location tracking of citizens. Mass surveillance is a growing threat in the modern world. In this episode, we'll take a look at why it's so dangerous. MEMBERS-ONLY BONUS CLIP(S) Ch. 9: The Real Danger Of ChatGPT - Nerwriter1 - Air Date 12-30-22 The Nerdwriter is a series of video essays about art, culture, politics, philosophy and more. Ch. 10: Hustle / Grind Alpha Bro vs. Random ChatGPT Guy - Andrew Rousso - Air Date 12-13-22 Inside everyone, there are two wolves but inside me... there are three. FINAL COMMENTS Ch. 11: Final comments on the new ad system for the show MUSIC (Blue Dot Sessions): Opening Theme: Loving Acoustic Instrumental by John Douglas Orr Voicemail Music: Low Key Lost Feeling Electro by Alex Stinnent Activism Music: This Fickle World by Theo Bard (https://theobard.bandcamp.com/track/this-fickle-world) Closing Music: Upbeat Laid Back Indie Rock by Alex Stinnent Produced by Jay! Tomlinson Visit us at BestOfTheLeft.com Listen Anywhere! BestOfTheLeft.com/Listen Listen Anywhere! Follow at Twitter.com/BestOfTheLeft Like at Facebook.com/BestOfTheLeft Contact me directly at Jay@BestOfTheLeft.com
From March 11, 2021: On this episode of Arbiters of Truth, the Lawfare Podcast's miniseries on disinformation and misinformation, Evelyn Douek and Quinta Jurecic spoke with Genevieve Lakier, an assistant professor at the University of Chicago Law School and First Amendment expert. It's basically impossible to have a conversation about content moderation without someone crying “First Amendment!” at some point. But the cultural conception of the First Amendment doesn't always match the legal conception. Evelyn and Quinta spoke with Genevieve about what First Amendment doctrine actually says, how its history might be quite different from what you think and what the dynamism of the doctrine over time—and the current composition of the Supreme Court—might suggest about the First Amendment's possible futures for grappling with the internet.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.
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.
Senior Editor Roger Parloff joins Managing Editor Tyler McBrien for another quick update on the prosecution's case in the Oath Keepers' seditious conspiracy trial. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
Senior Editor Roger Parloff joins Ben Wittes for another quick update on the prosecution's case in the Oath Keepers' seditious conspiracy trial.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
Ben Wittes sits down for a quick update on the prosecution's case in the Oath Keepers' seditious conspiracy trial from Senior Editor Roger Parloff, who has been covering the trial for Lawfare.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
Friday afternoon, the federal court in Florida, acting at the Justice Department's request, unsealed the search warrant for Mar-a-Lago that the FBI had executed earlier in the week. There was a lot of interesting information in it: How many bathrooms are there at Mar-a-Lago? How many TS/SCI documents did the FBI seize from the resort? Which European head of state had various documents about him lying around at Mar-a-Lago? For an emergency version of the Lawfare Podcast, Benjamin Wittes sat down to talk it all through with Pete Strzok, a former FBI counterintelligence agent who has executed his share of warrants; Lawfare senior editor Quinta Jurecic; and Alex Wellerstein, historian of nuclear weapons and secrets.Support this show http://supporter.acast.com/lawfare. Our GDPR privacy policy was updated on August 8, 2022. Visit acast.com/privacy for more information.
This week, most of Alan, Quinta, Scott, and co-host emeritus Ben Wittes got together to discuss the week's big national security news, including: “It's Over, but Don't Leave Before the Mid-Credits Sequence.” The Jan. 6 committee held its final primetime hearing this past Thursday, focused on Trump's inaction in ending the riot on Jan. 6. But it's suggested more may be coming. What has the committee accomplished and what is yet to come?“Oh, HIMARS.” The war in Ukraine has become a slow and difficult grind, as Russian forces backed by heavy artillery have made slow but steady progress towards their revised goal of controlling the breakaway Ukrainian regions of Donetsk and Luhansk. But Ukraine recently received what it claims is a game changer—the HIMARS rocket system—and wants the United States to give it more. What does this tell us about the dynamics around its import for Ukraine, the risks of escalation, and where the conflict may be headed in this new phase?“Orange is the New Three Stupid Shirt Collars Right On Top of Each Other for No Goddamn Reason.” Steve Bannon is going to jail, after being found guilty of contempt of Congress—and assuming that the conviction holds up on appeal. What will his conviction mean for the Jan. 6 investigation and future inquiries?For object lessons, Alan recommended a recent episode of Lawfare's own daily Lawfare Podcast focused on Moore v. Harper and the implications of independent state legislature doctrine. Quinta urged listeners to check out Isaac Chotiner's withering new interview with Alan Dershowitz regarding his cancellation by his neighbors on Martha's Vineyard. Scott passed along a new favorite cocktail with a name very appropriate for the modern era, the Palpable Apathy. And Ben urged folks to check out his latest 3D printing experiment: a baby HIMARS, ready to be shipped to Ukraine.Be sure to visit our show page at www.lawfareblog.com and to follow us on Twitter at @RatlSecurity. And Rational Security listeners can get a committed ad-free feed by becoming a Lawfare material supporter at www.patreon.com/lawfare! See acast.com/privacy for privacy and opt-out information.
From April 9, 2019: On this episode of the Lawfare Podcast, our friends at the National Security Institute at George Mason University came over to have a discussion in our podcast studio about Yemen and the U.S.-Saudi alliance. Four former Senate Foreign Relations Committee staffers who worked with and sometimes at odds with each other participated. The conversation was moderated by Lester Munson, former Staff Director of the Committee under Chairman Bob Corker, and it included Jodi Herman, former Staff Director of the Committee under Ranking Member Ben Cardin; Jamil Jaffer, Founder and Executive Director of the National Security Institute and former Chief Counsel and Senior Advisor with the Committee under Chairman Bob Corker; and Dana Stroul, former Democratic senior staffer on the Senate Foreign Relations Committee for the Middle East.Support this show http://supporter.acast.com/lawfare. See acast.com/privacy for privacy and opt-out information.
Yesterday, July 12, the January 6 committee held its seventh in a series of prominent hearings unveiling the findings of its investigation to the public. This hearing focused on the role of extremist groups like the Oath Keepers and Proud Boys in planning the assault on the Capitol, and unveiled new evidence about Trump's plans to direct protestors to the Capitol in advance of January 6. As always, we convened afterwards on Twitter Spaces to discuss. Lawfare Editor in Chief Benjamin Wittes moderated a conversation with Lawfare Executive Editor Natalie Orpett and Senior Editors Scott Anderson, Roger Parloff, and me.It's the Lawfare Podcast, July 13: The Jan. 6 Committee, Day Seven.Support this show http://supporter.acast.com/lawfare. See acast.com/privacy for privacy and opt-out information.
In a staggering decision the Supreme Court has overturned Roe v. Wade, stripping away 50 years of an established right to an abortion for women and girls in America. In this conversation Ben Wittes, editor in chief of Lawfare and a Senior Fellow in Governance Studies at the Brookings Institution, breaks down the ruling. He offers a calm and sober explanation of what it means for pregnant people in states that will ban abortion, and what other rights might fall as a result of this decision. We also discuss what the effort to re-establish abortion rights in America might look like.You can find Ben Wittes' work on lawfareblog.com and The Lawfare Podcast. Please see the News Not Noise letter on Bulletin.com for more details on the laws in each state. And check out our Instagram for ongoing updates on this breaking story.Ben Wittes➤Instagram:➤Twitter: twitter.com/benjaminwittesYou can follow Jessica Yellin here:➤Instagram: instagram.com/jessicayellin➤Twitter: twitter.com/jessicayellin➤Facebook: facebook.com/newsnotnoise➤YouTube: youtube.com/newsnotnoise➤Website: NewsNotNoise.com➤Newsletter: newsnotnoise.bulletin.comSupport this work:➤patreon.com/NewsNotNoiseJessica Yellin is the founder of News Not Noise, a channel dedicated to giving you news with real experts and providing facts, not panic attacks. Jessica is a veteran of network news, traveling the globe, covering conflict and crisis. A former Chief White House Correspondent for CNN, she reported from around the world and won awards. Now, Yellin uses her voice to break down the news, calmly and clearly for you -- free of punditry, provocation, and yelling.
Hosted by the William and Flora Hewlett Foundation Cyber Initiative and Aspen Digital, Verify 2022 brings together journalists and cyber and tech policy experts to discuss critical issues in cybersecurity. On this live recording of the Lawfare Podcast, Benjamin Wittes sat down at Verify 2022 to talk about cybersecurity and Ukraine with a truly remarkable panel: Kori Schake of the American Enterprise Institute, Megan Stifel of the Institute for Security and Technology, and Mieke Eoyang, currently the Deputy Assistant Secretary of Defense for Cyber Policy.Support this show http://supporter.acast.com/lawfare. See acast.com/privacy for privacy and opt-out information.
From August 22, 2012: This is the second in a series of interviews Ritika Singh is doing with scholars around town who have non-legal expertise that bears on the national security law issues Lawfare readers care about. As she did in her first piece with Brookings Senior Fellow Bruce Riedel, she is posting the full interview as an episode of the Lawfare Podcast and writing up a summary of their conversation as well.The subject this time is Daniel Byman, Senior Fellow and Director of Research at the Saban Center for Middle East Policy at Brookings, and a professor at Georgetown University's Security Studies Program. Byman is one of the country's foremost experts on counterterrorism and the Middle East. He served as a staff member on the 9/11 Commission, and has worked for the U.S. government and at the RAND Corporation. He recently published a paper entitled Breaking the Bonds between Al Qaeda and its Affiliate Organizations that Ritika describes in more detail here. They sat down for a discussion of the major themes that make up his paper—themes that dovetail with those Ritika discussed with Riedel in her first interview. In May 2022, Lawfare and Goat Rodeo will debut their latest podcast, Allies, a series about America's eyes and ears over 20 years of war in Afghanistan. Thousands of Afghans who worked with the American soldiers as translators, interpreters and partners made it onto U.S. military planes. But despite the decades-long efforts of veterans, lawmakers and senior leaders in the military, even more were left behind. This show will take you from the frontlines of the war to the halls of Congress to find out: How did this happen? Learn more and subscribe to Allies at https://pod.link/1619035873.Support this show http://supporter.acast.com/lawfare. See acast.com/privacy for privacy and opt-out information.
This week, Alan, Quinta and Scott talked amongst themselves about some of the week's big national security news stories, including:“What's in a Name?” Observers of the war in Ukraine are increasingly turning to a controversial term to describe the actions of Russian forces: genocide. Why are people suddenly using this word? Is its use appropriate here?“Who's Afraid of Going Dark?” A recent expose has gone deep into the struggle between big tech companies and NSO Group, the Israeli hacking company that has provided various governments around the world with the ability to access users' phones and other protected communications. What does this tell us about the future of communications security and the role of companies like NSO Group in it.“Florida Woman Disputes Sanitation Standards.” A federal judge in the Middle District of Florida has adopted an extremely narrow reading of federal law to hold that the Biden administration lacks the legal authority to require individuals to wear masks on airplanes and other transportation systems. What does this holding tell us about where the legal debate around pandemic measures is headed?For object lessons, Alan endorsed his new favorite Norwegian time travel cop show. Quinta shouted out a piece in G. Elliot Morris's substack on why the Democrats are screwed and what can (and can't) be done about it. And Scott urged listeners to check out musician Margaret Glaspy, who he recently saw live and brings a rocky vibe and charmingly awkward dance moves to the singer-songwriter motif.Here are a few other articles and items we discussed, in no particular order:Alan's recent Lawfare Podcast interview with law professors Orin Kerr and Asaf Lubin regarding the WhatsApp v. NSO Group lawsuit;Hersch Lauterpacht's 1947 treatise “Recognition in International Law,” which is currently living on Scott's bedside table. Be sure to visit our show page at www.lawfareblog.com and to follow us on Twitter at @RatlSecurity. And Rational Security listeners can get a committed ad-free feed by becoming a Lawfare material supporter at www.patreon.com/lawfare! See acast.com/privacy for privacy and opt-out information.
From March 4, 2021: On this episode of Arbiters of Truth, the Lawfare Podcast's miniseries on disinformation and misinformation, Evelyn Douek and Quinta Jurecic spoke with Emily Bell, the founding director of the Tow Center for Digital Journalism at Columbia Journalism School. Emily testified before Congress last week about the role of legacy media, and cable news in particular, in spreading disinformation, but she's also one of the keenest observers of the online news ecosystem and knows a lot about it from her days as director of digital content for The Guardian. They talked about the relationship between online and offline media in spreading disinformation, the role different institutions need to play in fixing what's broken and whether all the talk about “fighting misinformation” is a bit of a red herring.Support this show http://supporter.acast.com/lawfare. See acast.com/privacy for privacy and opt-out information.
Earlier this month, the Supreme Court issued rulings in two separate cases involving the state secrets privilege: United States v. Abu Zubaydah and Federal Bureau of Investigation v. Fazaga. To talk about the Court's decision and what it means for state secrets doctrine and executive power, Rohini Kurup sat down with Liza Goitein, co-director of the Liberty and National Security Program at the Brennan Center for Justice, and Bob Loeb, partner in Orrick, Herrington & Sutcliffe's Supreme Court and Appellate Litigation practice, and former acting deputy director of the Civil Division Appellate Staff at the Department of Justice. Rohini first talked to them on the Lawfare Podcast back in October when they discussed the cases that were then before the Court. Now that the Court has issued its ruling, they got back together to discuss the Court's decision and what it means for the future of state secrets doctrine. Support this show http://supporter.acast.com/lawfare. See acast.com/privacy for privacy and opt-out information.
From December 9, 2017: When the Department of Justice required RT, the Russian-funded news outlet, to register as a foreign agent last month, the Russian government responded in kind. Yet the Kremlin's recent crackdown on Western media is just part of a longer history of stifling independent media in Russia. For this episode of the Lawfare Podcast's special Russia series, Alina Polyakova talked to Mikhail Zygar, a Russian independent journalist, filmmaker, and author of two books on the Kremlin's elite circle. They discussed what it's like to be an independent journalist in Russia today, why Putin may be far from a strategic mastermind, and much more.Support this show http://supporter.acast.com/lawfare. See acast.com/privacy for privacy and opt-out information.