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On today's podcast, Lawfare Executive Editor Natalie Orpett talks with Michael Posner, a professor of business and human rights at New York University, about the landmark verdict last month in Al-Shimari v. CACI. The case involved claims against a government contractor for its role in the abuse of prisoners at the Abu Ghraib detention facility in Iraq in 2004. It became the first case of its kind to make it to trial—and now a jury has returned a verdict finding the company liable and imposing $42 million in damages. They discuss how the case will affect private companies, government contractors, and the future of human rights litigation.
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Please note that this episode contains content that some people may find disturbing. Listener discretion is advised.
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From April 14, 2023: Over the past few years, TikTok has become a uniquely polarizing social media platform. On the one hand, millions of users, especially those in their teens and twenties, love the app. On the other hand, the government is concerned that TikTok's vulnerability to pressure from the Chinese Communist Party makes it a serious national security threat. There's even talk of banning the app altogether. But would that be legal? In particular, does the First Amendment allow the government to ban an application that’s used by millions to communicate every day?
On this episode of Arbiters of Truth, our series on the information ecosystem, Matt Perault, director of the Center on Technology Policy at the University of North Carolina at Chapel Hill, and Alan Z. Rozenshtein, Lawfare Senior Editor and Associate Professor of Law at the University of Minnesota, spoke with Ramya Krishnan, a staff attorney at the Knight First Amendment Institute at Columbia University, and Mary-Rose Papendrea, the Samuel Ashe Distinguished Professor of Constitutional Law at the University of North Carolina School of Law, to think through the legal and policy implications of a TikTok ban.
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From June 15, 2021: A spree of stories has emerged over the last week or so that the Justice Department under the prior administration obtained phone and email records of several journalists, several members of Congress and staffers, and even family members. It has provoked a mini scandal, calls for investigation, howls of rage and serious questions. To discuss it all, Benjamin Wittes sat down with Gabe Rottman of the Reporters Committee for Freedom of the Press, former FBI agent Pete Strzok, Lawfare senior editor Quinta Jurecic and Berkeley law professor and Lawfare contributing editor Orin Kerr. They talked about what we really know about these stories and what happened in these investigations. Was it all legal? Was it legitimate? How should it be investigated and by whom? And what does it mean that none of the prior attorneys general or deputy attorneys general seem to remember it?
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Adam Thierer, Senior Fellow for the Technology & Innovation team at R Street, joins Kevin Frazier, Senior Research Fellow in the Constitutional Studies Program at the University of Texas at Austin and a Tarbell Fellow at Lawfare, to examine a lengthy, detailed report issued by the Bipartisan House Task Force on AI. Thierer walks through his own analysis of the report and considers some counterarguments to his primary concern that the report did not adequately address the developing patchwork of state AI regulations.
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This week, Scott sat down with his Lawfare colleagues Anna Bower and Natalie Orpett and Lawfare Contributing Editor Michel Paradis to talk about the week’s biggest national security news stories, including:
“A Justice Delayed Still Has Justice on the Mind.” After weeks of waiting, New York state court judge Justice Juan Merchan has finally become the first judge to apply the Supreme Court’s Trump v. United States immunity decision, holding that incoming President Donald Trump’s convictions under New York state law may stand and did not unduly rely on conduct for which he is immune. How persuasive is his ruling? And what can it tell us about the future of both Donald Trump’s criminal case and the Supreme Court’s immunity holding?“A Break in the Case.” Tectonic shifts in Syrian politics over the past few weeks that has led, among other consequences, to the release of thousands of former prisoners, have brought back to the fore the case of Austin Tice, an American journalist who has been missing in Syria for more than a decade. Believed to have been held by the Assad regime before its collapse, some are concerned that he might have been injured or killed during Israeli airstrikes over the past several weeks. What does Tice’s case tell us about the challenges of wrongful detention cases like his? And what should we make of allegations that the Biden administration is not doing enough to bring him back?“Gym, Tan, Low-flying Unmanned Aerial Vehicles.” The state of New Jersey has a new signature activity, as Americans and politicians of all stripes have been voicing concern over reports of mysterious drones of unknown origins operating in the state’s skies. What might explain this phenomenon? And what should we make of the reactions around it?For object lessons, Anna recommended “Intermezzo,” by Sally Rooney as a read over the holiday. Natalie Orpett endorsed Washington, D.C.’s Eastern Market as a worthwhile visit for holiday shopping, and Scott doubled down with another local recommendation of Middleburg, VA, as a holiday wonderland not to be missed. And Michel wrapped things up with a final endorsement of Weike Wang’s dryly comedic book “Rental House,” for those needing to commiserate over managing family relations over the holiday.
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For today’s episode, Lawfare Senior Editor Scott R. Anderson sat down with Ashley Deeks, a professor at the University of Virginia School of Law, and Kristen Eichensehr, also a professor at the University of Virginia School of Law, but currently a visiting professor at Harvard Law School, to discuss their forthcoming law review article, “Frictionless Government and Foreign Relations,” which focuses on the dangers that can arise in moments where there appears to be broad consensus on a particular set of policies.
They discussed what constitutes frictionless government, where it might exist on the present policy terrain, the risks such circumstances can entail, and strategies policymakers can embrace for managing them.
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In response to the compromise of telecommunication companies by the Chinese hacker group Salt Typhoon, senior officials from the FBI and CISA recommended that American citizens use encrypted messaging apps to minimize the chances of their communications being intercepted. This marks a departure in law enforcement’s position on the use of encrypted communications.
Susan Landau, Professor of Cyber Security and Policy in Computer Science at Tufts University, and Alan Rozenshtein, Associate Professor of Law at the University of Minnesota Law School and Research Director and Senior Editor at Lawfare, sat down with Lawfare Senior Editor Eugenia Lostri to talk about what the recent FBI recommendation in favor of the use of encrypted messaging apps means for the “Going Dark” debate.
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Shane Harris makes no secret about his love for the film version of this Cold War submarine thriller, based on the Tom Clancy novel. It’s his favorite movie. So he was delighted to welcome fellow obsessive Katherine Voyles to the podcast. A PhD in English, Voyles writes about national security in culture, as well as the culture of national security. She and Shane talked about why they love the movie, their favorite scenes and characters, and how the story influenced--maybe even created--an entire genre of fiction. They also discussed why it is, actually, a Christmas movie, and their mutual admiration for the martini.
Voyles’s writing has appeared in in the Los Angeles Review of Books, Foreign Policy, Task &
Purpose, Small Wars Journal, and War on the Rocks. She also works for the Department of Defense.
In addition to the greatest movie of all time, essays, TV shows, books, and restaurants discussed in this episode include:
Colson Whitehead’s “The Way We Live Now” https://www.nytimes.com/2001/11/11/magazine/the-way-we-live-now-11-11-01-lost-and-found.html
Deutschland 83 https://www.imdb.com/title/tt4445154/
Garrett Graff’s The Only Plane in the Sky https://www.simonandschuster.com/books/Only-Plane-in-the-Sky/Garrett-M-Graff/9781501182211
Lauren Wilkinson’s American Spy https://www.penguinrandomhouse.com/books/253471/american-spy-by-lauren-wilkinson/
Saltie Girl https://www.saltiegirl.com/
Chatter 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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CNN correspondent Elle Reeve has spent the last decade reporting on extremism in the United States. Her book, "Black Pill: How I Witnessed the Darkest Corners of the Internet Come to Life, Poison Society and Capture American Politics" provides an insider's glimpse into the "insidious"—and underestimated—world of alt-right internet culture that is now at the center of the Republican Party under Donald Trump.
Lawfare Associate Editor Katherine Pompilio sat down with Reeve to discuss her investigative reporting and "Black Pill," incels, political violence, memes, what it's like to build working relationship with alt-right figures, the 2017 Charlottesville Unite the Right Rally, Jan. 6, the 2024 presidential election, and more.
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Sam Manning, Senior Research Fellow at GovAI, joins Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare, to discuss his research on different options to share AI's benefits at the international level. The two also explore Sam's analysis of the incentives that may steer adoption of different benefits sharing strategies and his plans for future AI research.
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From October 19, 2019: It's been a horrible week in northeastern Syria. The U.S. abandoned its Kurdish allies after the president had a conversation by phone with Turkish President Erdogan and pulled the plug on the stabilizing U.S. presence in the region. The Turkish government began a major incursion over the border, which has produced significant casualties and major questions about ISIS detainees in Kurdish custody.
To talk through it all, we pulled together quite a group. In the first half of the podcast, Benjamin Wittes spoke with Gayle Tzemach Lemmon, an adjunct senior fellow at the Council on Foreign Relations, and Scott R. Anderson and Dan Byman, both of Brookings and Lawfare. In the second half, Ben sat down with Oula A. Alrifai, a fellow with the Washington Institute for Near East Policy, and Leah West, a Lecturer of International Affairs at Carleton University in Canada.
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In a live conversation on December 12, Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editors Scott Anderson, Middle East Institute Senior Fellow Charles Lister, and Syrian pro-democracy activist Ammar Abdulhamid to discuss Syrian rebels overthrowing the Bashar al-Assad regime, what the current situation on the ground is, what the reactions of foreign government’s has been, and more.
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At a virtual panel conversation co-hosted by Lawfare and NYU's Center for Technology Policy, center Director Scott Brennen moderated a conversation between Lawfare Senior Editor and University of Minnesota law professor Alan Rozenshtein, University of North Carolina law professor Mary-Rose Papandrea, and Georgetown law professor Anupam Chander, about the recent D.C. Circuit decision upholding the TikTok divestment-or-ban law and what that means for the future of both TikTok and the First Amendment.
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/lawfare-institute.
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This week, Scott was joined by his Lawfare colleagues Benjamin Wittes, Eugenia Lostri, and Tyler McBrien to break down the week's big national security news, including:
“The Long Road to Damascus.” Syria’s Assad regime collapsed suddenly last week in the face of a rebel offensive, ending thirteen years of revolution. What comes next, however, is anyone’s guess. How will this shift impact regional security? And how is the incoming Trump administration likely to respond?“Pardonez-Moi.” President-elect Donald Trump’s decision to nominate unabashed loyalist Kash Patel—a person who has published a book listing political enemies he thinks should be prosecuted by the Justice Department—for the soon-to-be-vacant position of FBI Director has renewed concerns that the incoming Trump administration will use the Justice Department to prosecute his political enemies. President Biden may have responded in part by pardoning his son Hunter for a wide range of conduct—and some are arguing he should extend similar protections to others the Trump administration may target. How real is the threat of such targeted prosecution? And are preemptive pardons the right protection?“Not in Kansas Anymore.” The Fifth Circuit recently issued what may prove to be a landmark sanctions decision, holding that certain Tornado Cash automated cryptocurrency contractual mechanisms sanctioned by the Treasury Department do not constitute “property” within the meaning of the International Emergency Economic Powers Act and thus cannot be sanctioned. It’s also one of the first appellate court decisions to apply the Supreme Court’s recent Loper Bright decision, which ended Chevron deference to agency interpretations of ambiguous statutes, in the national security context. How persuasive is the court’s opinion? And what impact will it have on U.S. policy in this area?For object lessons, Ben endorsed(?) Kash Patel's three childrens' books as confirmation must-reads. Eugenia amped up everyones' holiday parties with a surefire recipe for maple cookies. Scott recommended the Lion's Tail as a surprisingly seasonal tiki-ish cocktail. And Tyler celebrated transition season with three recommended political profiles, specifically of Kash Patel, Ron Desantis, and Donald Trump circa 1997.
Also, Rational Security will be saying goodbye to 2024 in its traditional fashion: by discussing listener-submitted topics and object lessons! To submit yours, call in to (202) 743-5831 to leave a voicemail or email [email protected]. Just do it by COB on December 18!
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/lawfare-institute.
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On November 28, Georgia Prime Minister Irakli Kobakhidze announced that he was suspending Georgia’s accession process to the European Union. In the weeks since, thousands of protestors have demonstrated in the capital city, Tbilisi, and across the country.
Lawfare Associate Editor for Communications Anna Hickey sat down with Dr. Beka Kobakhidze, Professor and Co-chair of MA Program in Modern History of Georgia at Ilia State University, to discuss the protests, Russia’s growing influence in the country and the broader region, and the violence the government has used to crack down on the protests.
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/lawfare-institute.
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Ukraine’s defense industry has grown substantially after Russia’s full-scale invasion. But it also suffered from a huge domestic burden—a ban on arms exports, which forced companies to close down or relocate abroad. Ukrainian lawmaker Halyna Yanchenko sits down with Lawfare Ukraine Fellow Anastasiia Lapatina to explain why exporting Ukrainian weapons will benefit Ukraine and global security.
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International politics and security expert Dr. Ben Tallis, who now directs the Berlin-based Democratic Strategy Initiative, joined David Priess to discuss the challenges of German grand strategy since 1945, the country's musical culture in the 1950s and 1960s, the origins and evolution of Kraftwerk and its members' effort to reconceptualize German identity, the band's influence on musicians globally, U2 and post-Cold War Europe, how Germany became the most respected country in the world by 2020, Chancellor Angela Merkel's missed opportunities to reconceptualize Germany's international role, the Russian invasion of Ukraine and Chancellor Olaf Scholz's Zeitenwende speech, German rearmament since 2022 compared to Poland, the role of chancellor in the German system, the roster of future German leaders, and whether countries in Central and Eastern Europe would have enough confidence in German resolve to follow more assertive leadership from Berlin.
Mentioned in this episode:
Official website of the band Kraftwerk
The Democratic Strategy Initiative, at www.democratic-strategy.net
The journal article by Benjamin Tallis, "Kraftwerk and the International 'Re-Birth of Germany:' Multiplicity, Identity, and Difference in Music and International Relations," in Cooperation and Conflict, Vol. 57:3 (2022)
The online article by Roderick Parkes, Florence Schimmel, and Benjamin Tallis, "Germany Needs a Strategy--Grand and Democratic," in Internationale Politik Quarterly, January 16, 2024
Chatter 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 Glenn Fine, the former principal deputy Inspector General of the Department of Defense and former Acting IG of the Department of Defense, and author of the new book, “Watchdogs: Inspectors General and the Battle for Honest and Accountable Government.” They discuss the history of inspectors general and early constitutional concerns about the role that inspectors general play, Fine’s experiences at both the Department of Justice and the Department of Defense, the 2022 inspector general reforms and their significance, and Fine’s own proposed reforms to improve inspector general oversight.
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Kevin Xu, founder of Interconnected Capital and author of the Interconnected newsletter, joins Kevin Frazier, Senior Research Fellow in the Constitutional Studies Program at the University of Texas at Austin and a Tarbell Fellow at Lawfare, to analyze China’s AI ambitions, its current AI capacities, and the likely effect of updated export controls on the nation’s AI efforts. The two pay particular attention to the different AI development strategies being deployed by the U.S. and China and how those differences reflect the AI priorities of the respective nations.
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From May 11, 2021: David Ignatius, a columnist for the Washington Post, recently ran a lengthy column about the machinations of Kash Patel in the executive branch during the presidential transition. Patel, a former staffer for Devin Nunes, held a variety of positions in the months before Donald Trump left office, and Donald Trump considered him for a variety of other positions. It's a remarkable story that raises a whole series of questions that Jack Goldsmith has been asking on Lawfare for some time. Benjamin Wittes sat down with Ignatius and Goldsmith to discuss the article. What was Patel up to in the final days of the Trump administration? What does it say about the way the executive branch functioned under Donald Trump? And what does it say about the activities of the deep state?
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