Episodit
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Madeleine Baran and Parker Yesko, investigative reporters with the New Yorkerâs In the Dark podcast, join Lawfare Managing Editor Tyler McBrien to discuss In the Dark: Season 3, which tells the story of a small group of Marines who killed 24 civilians in Haditha, Iraq, on Nov. 19, 2005.
They also discussed âThe War Crimes That the Military Buried,â a new database of possible American war crimes committed in Iraq and Afghanistan, which Baran and Yesko compiled over the course of their four-year investigation.
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This week, Scott sat down with his Lawfare colleagues Anna Bower, Eugenia Lostri, and Roger Parloff to discuss the weekâs big national security news, including:
âPutting the Dismal in Dismissal.â Donald Trumpâs election as president for a second time puts the state and federal criminal charges against himâand potentially some of his supporters and co-conspiratorsâin unprecedented historical territory. Where do these cases seem to be headed? And what will it mean for the broader effort at accountability, especially around Jan. 6?âTaking Bytes Out of Crime.â As one of its last acts in power, the Biden administration seems poised to support a forthcoming U.N. convention on cybercrime, despite reservations among some observers that it may be abused by autocratic regimes and strategic rivals. Why is the Biden administration tempted by the treaty? And what will its support at this late hour mean in practice?âMeme of Rivals.â Donald Trump is only one week in as president-elect but has already released a flurry of appointments and rumored appointments for senior positions in his forthcoming administration. And those appointed range from established Republicans like Sen. Marco Rubio, who is rumored to be Trumpâs pick for Secretary of State, to iconoclasts like billionaire Elon Musk, who is co-heading a âDepartment of Government Efficiencyâ (or âDOGEâ). What should we make of these selections thus farâand the process behind them?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.
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On this episode, Lawfare Contributing Editor Justin Sherman sits down with Jacqueline Ford and Ronnie Solomon, attorneys in the FTC Division of Privacy & Identity Protection, to discuss the FTCâs new 6(b) staff report on the data practices of nine social media and video streaming companies, from Twitch to Discord to YouTube. They discussed the reportâs findings on data collection, retention, and use practices, and cover the privacy impacts of these practices, their intersections with FTC regulatory powers, and what the report authors recommend next.
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.
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Eugenia Lostri, Senior Editor at Lawfare, sat down with Jonathan Horowitz, Deputy Head of the Legal Department to the ICRCâs Delegation for the United States and Canada, to discuss his recent article, âThe Business of Battle: The Role of Private Tech in Conflict.â They talked about how international humanitarian law principles can affect the private digital sector, the risks that tech companies can face when they provide services to a party in an armed conflict, and what they should do to minimize those risks.
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.
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As the U.S. tries to come to grips with a resurgence of political violence in recent years, it's instructive to look at how the norm against political violence eroded during the late Roman Republic and contributed to ultimately autocratic rule.
Catherine Steel, Professor of Classics at the University of Glasgow, specializes in the political history of the Roman Republic and its institutional structures and has written books and articles about the period. She joined David Priess to discuss her path from studying Cicero to researching and teaching the politics and history of ancient Rome, the core political features of the Republic, the concept of tribunal sacrosanctity, the challenges of dealing with primary sources on ancient Rome, how political violence flared in 133 BCE around Tiberius Gracchus, the political violence 12 years later around his brother Gaius Gracchus, the 20 years of off-and-on political violence around Marius and Sulla, the intent and effects of Sulla's constitution, the lead-up to Julius Caesar, Roman citizens' awareness of changes in the Republic, implications for today, and more.
Works mentioned in this episode:
The Storm Before the Storm by Mike DuncanMortal Republic by Edward J. WattsThe End of the Roman Republic, 146 to 44 BC, by Catherine Steel"The Roman Senate and the Post-Sullan res publica," Historia (Journal of Ancient History) 63:3 (2014) by Catherine SteelRoman Republics by Harriet FlowerThe Art of Forgetting by Harriet FlowerAncestor Masks and Aristocratic Power in Roman Culture by Harriet FlowerChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.
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Jack Goldsmith sits down with Keith Whittington, David Boies Professor of Law at Yale Law School, to discuss his new book, âThe Impeachment Power: The Law, Politics, and Purpose of an Extraordinary Constitutional Tool.â They discuss what the Constitution says about the impeachment power, how we should think about high crimes and misdemeanors, why impeachment shows that Congress is the preeminent branch of government, and the goals and values of impeachment. They also discuss the abuse of the impeachment power given current politics and what can be done about it, as well as whether Trump should have been convicted and disqualified in the second impeachment.
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.
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From February 10, 2018: In his recent New York Times bestseller âTrumpocracy: The Corruption of the American Republic,â David Frum, senior editor of The Atlantic, lays out a compelling account of how President Donald Trumpâs tendencies could push the United States toward the illiberalism that many Americans believe the republican system of government to be immune to. In an event on Feb. 7 at the Brookings Institution, Frum sat down with Jonathan Rauch, Elaine Kamarck, and Lawfareâs Benjamin Wittes for a conversation and Q&A on the book and Trumpâs threats to democracy.
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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 gangâShane, Ben, Tamara, and Susanâreflect 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 Americaâs 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.
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Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editors Molly Reynolds and Quinta Jurecic to discuss how Congress may change given the results of the 2024 election, what congressional oversight might look like during President-elect Donald Trumpâs second term, how Congress will work with Trumpâs administration, and more in a live recording on Lawfareâs YouTube channel.
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.
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Today, Lawfare General Counsel and Senior Editor Scott R. Anderson and Lawfare Contributing Editor Brandon Van Grack sat down with Devin DeBacker, the Chief of the Foreign Investment Review Section at the U.S. Department of Justice, to talk about the new program his office is setting up regulating foreign transactions involving bulk data on Americans.
Together, they discussed the contours of the new regulatory program, what sorts of exploitation of Americansâ data it aims to prevent, and how it intersects with other steps Congress has taken, including the recent Protecting Americansâ Data from Foreign Adversaries Act.
This episode is part of our special series, âThe Regulators,â co-sponsored with Morrison Foerster, in which Brandon and Scott sit down with senior U.S. officials working at the front lines of U.S. national security and economic statecraft.
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This episode of âLawfare Live: Trumpâs Trials and Tribulations,â was recorded on November 7 in front of a live audience on YouTube and Zoom.
Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Senior Editors Scott R. Anderson, Anna Bower, and Roger Parloff about how Donald Trump winning the 2024 presidential election will impact the criminal cases against him, his ability to pardon himself and his co-defendants, and more.
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On Tuesday, November 5, former President Trump won the 2024 presidential election, becoming the second president to win a non-consecutive second term. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editors Alan Rozenshtein, Scott R. Anderson, Anna Bower, and Quinta Jurecic to discuss what happens now. They talk about what a second Trump administration may bring and what to keep an eye out for during the transition in a live recording on Lawfareâs YouTube channel.
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For todayâs special episode, Lawfare General Counsel and Senior Editor Scott R. Anderson held a series of conversations with contributors to a special series of articles on âThe Dangers of Deploying the Military on U.S. Soilâ that Lawfare recently published on its website, in coordination with our friends at Protect Democracy.
Participants include: Alex Tausanovitch, Policy Advocate at Protect Democracy; Laura Dickinson, a Professor at George Washington University Law School; Joseph Nunn, Counsel in the Liberty and National Security Program at the Brennan Center; Chris Mirasola, an Assistant Professor at the University of Houston Law Center; Mark Nevitt, a Professor at Emory University School of Law; Elaine McCusker, a Senior Fellow at the American Enterprise Institute; and Lindsay P. Cohn, a Professor of National Security Affairs at the U.S. Naval War College.
Together, they discussed how and why domestic deployments are being used, the complex set of legal authorities allowing presidents and governors to do so, and what the consequences might be, both for U.S. national security and for U.S. civil-military relations more generally.
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Itâs Election Day, but weâre not talking about the campaign. Shane Harris welcomes Tim Naftali back to the show to talk about Americansâ fascination with the presidency. When did the âmodern presidencyâ begin? When did voters and the press become fixated on presidentsâ private lives? And what do we get wrong about the nationâs highest office?
Naftali, a presidential historian, was last on Chatter in June 2022 to talk about Watergate, a subject on which heâs one of the countryâs leading experts. Todayâs conversation helps put the momentousness of this yearâs election in some historic perspective. Have a listen while youâre standing in line to vote!
People, plays, and policies discussed in this conversation include:
Theodore Roosevelt, the first modern president: https://millercenter.org/president/roosevelt/life-in-brief Oh, Mary! by Cole Escola: https://www.ohmaryplay.com/ The presidential âkill listâ: https://www.washingtonpost.com/world/national-security/newly-declassified-document-sheds-light-on-how-president-approves-drone-strikes/2016/08/06/f424fe50-5be0-11e6-831d-0324760ca856_story.html The Jimmy Carter ârunningâ photo: https://content.time.com/time/specials/packages/article/0,28804,2025424_2025864_2025986,00.html Teddy White: https://www.nytimes.com/1986/05/16/obituaries/theodore-white-chronicler-of-us-politics-is-dead-at-71.html Read more about Naftali and his work: https://www.sipa.columbia.edu/communities-connections/faculty/timothy-naftaliSupport this show http://supporter.acast.com/lawfare.
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Dakota Cary, Strategic Advisory Consultant at SentinelOne, joins Lawfare Senior Editor Eugenia Lostri, to discuss his article on U.S. attempts to deter Chinese hacking group Volt Typhoon. They talk about why Volt Typhoon wonât stop its intrusions against critical infrastructure, whether other hacking groups can be deterred, and where we should focus our attention to counter malicious activity.
Materials discussed during the episode:
"Exploring Chinese Thinking on Deterrence in the Not-So-New Space and Cyber Domains," by Nathan Beauchamp-MustafagaFinal Report of the Defense Science Board (DSB) Task Force on Cyber Deterrence, February 2017The Atlantic Council report, "Adapting US strategy to account for Chinaâs transformation into a peer nuclear power," by David O. Shullman, John K. Culver, Kitsch Liao, and Samantha WongTo 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.
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An old Soviet bioweapons lab shows new sign of lifeâand growth. Thousands of North Korean soldiers are in Russia to fight against Ukraine. And Russian President Vladimir Putin seems to have Elon Musk's direct line. What's going on in Russia?
Lawfare's Editor in Chief Benjamin Wittes sits down with Foreign Policy Editor Daniel Byman and Tim Mak of The Counteroffensive to talk through the news of the weird from Russia.
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From May 1, 2018: Steven Levitsky and Daniel Ziblatt, authors of the new book âHow Democracies Die,â join Benjamin Wittes for a conversation about the conditions under which democracies survive and how American democracy can survive its experiment with populism.
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This episode of âLawfare Live: National Security and the 2024 Election,â was recorded on October 29 in front of a live audience on YouTube and Zoom. Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Senior Editor Scott R. Anderson, Senior Fellow in Governance Studies at Brookings Elaine Kamarck, Visiting Fellow at Brookings and director of the Katzmann Initiative Katie Tenpas, and Lawfare Executive Editor Natalie Orpett about what occurs during a presidential transition, what went wrong in 2020, and how Harris and Trump have begun to prepare for the transition.
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Lawfare Senior Editor Anna Bower and Editor-in-Chief Benjamin Wittes sit down with Senior Editor Roger Parloff to discuss David Clements, who has led religiously inspired "trainings" across the U.S. teaching citizens how to stop local election officials from certifying elections the trainees consider fraudulent. Anna describes a training she attended, and Ben discusses, and plays clips from, his two-hour interview with Clements.
You can read more about this story in the new Lawfare article, "David Clements: The Evangelist of Election Refusal," which includes audio of the full two-hour interview between Ben and Clements.
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This week, Scott sat down with his Lawfare colleagues Alan Rozenshtein, Benjamin Wittes, and Molly Reynolds to talk through the weekâs big national security news, including:
âAn Eye for an Iran.â After weeks of waiting, Israel finally launched the strikes on Iran it had long promised in response to the volley of missiles Iran hit it with earlier this month. Compared to expectations, the strikes were relatively limited and aimed primarily at Iranian military targets, instead of its nuclear and oil infrastructure. And the United States is now urging an end to these âtit-for-tatâ strikes. But is this likely to be the case? Or are Israelâs actions just the beginning of a bigger conflict?âHe Just Slid into my DMs!â This week, the Wall Street Journal published a stunning report indicating that billionaire industrialist Elon Musk has been having previously undisclosed communications with Russian President Vladimir Putin and other senior Russian officials. How concerning should these conversations be? And what ramifications might they have for U.S. national security?âPost Mortem.â Washington Post owner Jeff Bezosâs late decision to squash an official editorial board endorsement of Kamala Harrisâand to abstain from presidential endorsements moving forwardâhas triggered a tidal wave of opposition, leading to hundreds of thousands of canceled subscriptions from a newspaper that was already set to lose substantial sums of money this year. How wrong-headed was Bezosâs move? And what should the proper response be?For object lessons, Alan hyped the sci-fi classic "Hyperion Cantos," by Dan Simmons. Molly celebrated a profile of a former student of hers by the inestimable W. Kama Bell, which is part of a new Washington Post series on civil servants. Scott urged listeners to get out and participate in democracy this pre-Election Day weekend. And Ben logrolled for Lawfareâs newest podcast endeavor: Escalation, an audio documentary series on the origins of the conflict in Ukraine.
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