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The Lawfare Institute
The Lawfare Podcast features discussions with experts, policymakers, and opinion leaders at the nexus of national security, law, and policy. On issues from foreign policy, homeland security, intelligence, and cybersecurity to governance and law, we have doubled down on seriousness at a time when others are running away from it. Visit us at www.lawfareblog.com.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
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Eric Posner on ‘The Demagogue's Playbook'

Eric Posner on ‘The Demagogue's Playbook'

Jack Goldsmith sat down with Eric Posner, the Kirkland & Ellis Distinguished Service Professor of Law at the University of Chicago, and the author of the new book, "The Demagogue's Playbook: The Battle for American Democracy from the Founders to Trump." They discussed why demagogues are a characteristic threat in democracies, how the founders of the U.S. Constitution tried to ensure elite control and prevent a demagogue from becoming president, how these safeguards weakened over time and how Donald Trump's demagoguery helped him win election as president. They also explored how Posner's perception of Trump as a threat to American democracy fits with his writings in support of a powerful president.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
58:5529/06/2020
Hong Kong’s Protests One Year On

Hong Kong’s Protests One Year On

Jordan Schneider, the host of ChinaTalk, sat down with Antony Dapiran, Hong Kong-based lawyer and author of two books on protests in Hong Kong. They discussed the history and legacy of the 2019 protests on the anniversary of one of the largest protests in human history, when two million Hongkongers marched against the extradition bill. They talked about the lead-up and aftermath of that day, how protests grew increasingly violent, the new national security law, and how these protests compare and contrast to Black Lives Matter.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
01:16:0626/06/2020
Whitney Phillips and Ryan Milner on Our Polluted Information Environment

Whitney Phillips and Ryan Milner on Our Polluted Information Environment

In this episode of our Arbiters of Truth series on disinformation, Evelyn Douek and Quinta Jurecic spoke with Whitney Phillips and Ryan Milner, authors of the new book, “You Are Here: A Field Guide for Navigating Polarized Speech, Conspiracy Theories, and Our Polluted Media Landscape.” Phillips is an assistant professor in Communications and Rhetorical Studies at Syracuse University, and Milner is an associate professor of Communication at the College of Charleston. In “You Are Here,” they look at the uniquely disorienting aspects of the current online information environment and how that is exacerbated by aspects of “internet culture” that don’t make sense from the outside. They discussed the challenges for journalists in understanding and reporting on that culture and how that can fuel information pollution, how the internet got to this point where everything is so polluted, and, of course, what QAnon has to do with it.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
56:0725/06/2020
Election Meltdown Update

Election Meltdown Update

COVID-19 is still rampaging around the country, primaries in several states did not go as planned, and, of course, there are Russians lurking in the background. With all of this happening around us, what is going to happen with the election we are about to hold in November? Benjamin Wittes checked in with Nate Persily, the James B. McClatchy Professor of Law at Stanford Law School, a guru on conducting a safe and efficacious election in the era of COVID, and Lawfare senior editor Margaret Taylor, who has been tracking what, if anything, Congress is going to do about any of this. They talked about where we are, where we need to be and how long a road we can expect over the next few months.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
42:3124/06/2020
Glenn Kessler on Donald Trump's Assault on Truth

Glenn Kessler on Donald Trump's Assault on Truth

Glenn Kessler is the head of the Fact Checker staff of the Washington Post. Along with Salvador Rizzo and Meg Kelly, he is the author of the new book, "Donald Trump and His Assault on Truth: The President's Falsehoods, Misleading Claims and Flat-Out Lies." It is a compilation and distillation of the 19,000 false or misleading statements Donald Trump has made and the Washington Post has documented in its mammoth database of presidential untruths since the president took office. Kessler spoke with Benjamin Wittes about what makes Trump different from other presidents, the task of documenting the president's lack of candor on a daily basis and what it all means to have a president who lies this much.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
40:1523/06/2020
John Bolton’s Book is Out of the Barn

John Bolton’s Book is Out of the Barn

Former National Security Advisor John Bolton's White House memoir, titled “The Room Where it Happened,” has made a lot of waves recently. Not only has Bolton faced criticism for publishing his account of his time in the Trump administration in a book rather than testifying in the president’s impeachment trial, but the Justice Department is now suing Bolton for publishing what it claims is classified information. So what is the government arguing? And, is Bolton’s book any good? On Friday, June 19, Quinta Jurecic discussed it all with Benjamin Wittes, Jack Goldsmith and Marty Lederman.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
52:4522/06/2020
Mira Rapp-Hooper on 'Shields of the Republic'

Mira Rapp-Hooper on 'Shields of the Republic'

Dr. Mira Rapp-Hooper is the Stephen A. Schwarzman senior fellow for Asia studies at the Council on Foreign Relations and author of the new book, "Shields of the Republic: The Triumph and Peril of America's Alliances." Matthew Waxman spoke with Mira about the history and strategic importance of American alliances, some of the constitutional issues alliances raise and what the United States should do to revitalize its alliances going forward.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
35:3419/06/2020
Laura Rosenberger on Chinese Information Operations

Laura Rosenberger on Chinese Information Operations

On this episode of Lawfare's Arbiters of Truth series on disinformation, Alina Polyakova and Quinta Jurecic spoke with Laura Rosenberger, the director of the Alliance for Securing Democracy and a senior fellow at The German Marshall Fund of the United States. When it comes to information operations, most Americans probably think of Russia as the primary culprit. After all, the memory of Russia’s interference in the 2016 presidential election is still fresh. But over the past year, Chinese information operations have gained prominence with the Chinese Communist Party involved in aggressive online campaigns regarding unrest in Hong Kong and the ongoing pandemic. They talked about how the Chinese government wields information online, how Chinese tactics are different from Russian tactics in the information space and how democracies should respond.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
47:2918/06/2020
Norm Ornstein and John Fortier on the Continuity of Government

Norm Ornstein and John Fortier on the Continuity of Government

Molly Reynolds spoke with Norm Ornstein of the American Enterprise Institute and John Fortier of the Bipartisan Policy Center about the Continuity of Government Commission, an effort they helped to lead beginning in 2002 to ensure that our three branches of government would be able to function after a catastrophic attack that killed or incapacitated large numbers of our legislators, executive branch officials or judges. They discussed the findings of the Commission, how they relate to the challenges facing the federal government today and how the various branches of government have or have not acted to ensure smooth operations during the COVID-19 pandemic.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
53:1217/06/2020
Lawrence Douglas on Presidential Election Concessions

Lawrence Douglas on Presidential Election Concessions

The 2020 presidential election is less than five months away. As the election inches closer and closer, concerns have grown about the possibility that President Trump, should he lose the election, would refuse to recognize the legitimacy of the result. How can we think about that risk? Do we have adequate statutory and constitutional guardrails that protect us from electoral catastrophe? Jacob Schulz sat down with Lawrence Douglas, James J. Grosfeld Professor of Law, Jurisprudence and Social Thought at Amherst College, and author of the new book “Will He Go? Trump and the Looming Election Meltdown in 2020.” They talked about the vulnerabilities in our electoral system, historical examples of mishaps in presidential elections and how to think about the president’s continued hostility toward elections and, in particular, mail-in voting.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
41:0816/06/2020
Patrick Skinner on Warrior Cops and Neighborhood Policing

Patrick Skinner on Warrior Cops and Neighborhood Policing

Patrick Skinner is a police officer in Savannah, Georgia, who brings diverse experience to that job. He served as a case officer at the Central Intelligence Agency, handling foreign intelligence sources in places like Afghanistan, Iraq and Jordan. He also has previous law enforcement experience with the U.S. Coast Guard, the U.S. Capitol Police and the U.S. Federal Air Marshal Service. David Priess spoke with Skinner about today's policing crisis, Pat's experiences with counterterrorism operations and what they taught him about effective law enforcement, and the hazards of the warrior mentality that is common across many police departments today. Thanks to Mitchell Hamline School of Law.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
57:0215/06/2020
Evan Osnos on Tiananmen and Lafayette

Evan Osnos on Tiananmen and Lafayette

ChinaTalk is the newest member of the Lawfare Podcast family, and its impresario, Jordan Schneider, does a wide range of interviews related to China's economy and security. In this episode, Jordan interviews Evan Osnos of The New Yorker about the anniversary of the Tiananmen Square massacre and the relationship between that date and the clearing of Lafayette Square. They talk about everything from the psychological similarities and differences between Donald Trump, Mao Zedong and Deng Xiaoping, to Chinese hip hop and why it is not catching on internationally.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
37:4112/06/2020
Eileen Donahoe on Protecting Free Expression Online

Eileen Donahoe on Protecting Free Expression Online

On this episode of our Arbiters of Truth series on disinformation, Alina Polyakova and Quinta Jurecic spoke with Eileen Donahoe, the Executive Director of the Global Digital Policy Incubator at Stanford University. There’s no shortage of controversies roiling right now about free expression and the future of the internet—from platforms aggressively removing misinformation about the ongoing pandemic, to President Trump’s executive order targeting Section 230 of the Communications Decency Act. Eileen, Quinta and Alina take a step back and review the landscape of online speech as a whole, to get a more holistic sense of what things look like right now and where platforms and governments might be headed when it comes to regulating speech. They talked about the various debates over content moderation taking place within the United States and around the world, and Eileen made the case for why international human rights law should be used as the framework for both protecting and moderating online speech.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
40:1411/06/2020
David Frum on Trumpocalypse

David Frum on Trumpocalypse

David Frum is one of the most prominent and eloquent conservative critics of the president. The former George W. Bush speechwriter and current writer for The Atlantic has written "Trumpocalypse: Restoring American Democracy," a book about the Trump presidency, and in this case, what comes after it. David joined Benjamin Wittes for a wide-ranging conversation of the ground he covers in the book: how you rebuild after Trump, how you satisfy elements of Trumpism without letting them descend back into authoritarian populism, what policies and approaches a new administration should take and how we should treat the "Trumpists" and their most diehard supporters.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
44:5510/06/2020
Congressional Overspeech with Josh Chafetz

Congressional Overspeech with Josh Chafetz

High profile congressional hearings, like the 2015 Benghazi hearings, the 2019 Mueller Report hearings and most recently, the Ukraine impeachment proceedings are often described in derogatory terms like "political theater," "spectacle" or "circus." But do these exaggerated performances on Capitol Hill actually serve a constitutional purpose? Margaret Taylor sat down with Josh Chafetz, a law professor and author of the book "Congress's Constitution: Legislative Authority and the Separation of Powers." They talked about his most recent article, in which he argues that congressional overspeech, like congressional oversight, is actually an important tool of constitutional politics, even if it doesn't automatically produce good outcomes.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
35:1909/06/2020
The Trump Administration’s Latest Moves to Dismantle the Iran Nuclear Agreement with Peter Harrell and Richard Nephew

The Trump Administration’s Latest Moves to Dismantle the Iran Nuclear Agreement with Peter Harrell and Richard Nephew

On May 27, the Trump administration announced that it was withdrawing sanctions waivers that had allowed Russian, Chinese and European companies to work with Iran on sensitive Iranian nuclear sites in support of the goals of the 2015 Iran nuclear agreement. Margaret Taylor talked about what it really means with two experts: Peter Harrell, an attorney and adjunct senior fellow at the Center for a New American Security, and Richard Nephew, senior research scholar at the Center on Global Energy Policy at Columbia University. They talked about what has happened since the Trump Administration decided to withdraw from the Iran nuclear agreement in 2018 and what difficulties a new presidential administration may encounter in re-joining the agreement.  Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
36:2208/06/2020
Covert Action, Regime Change and International Law with Michael Poznansky

Covert Action, Regime Change and International Law with Michael Poznansky

We normally think of international law as constraining leaders' actions, especially aggression toward other countries. But what if one effect of an established international principle actually spurs more covert action against other countries? Michael Poznansky is an assistant professor of International Affairs and Intelligence Studies in the Graduate School of Public and International Affairs, with a secondary appointment in the Political Science department, at the University of Pittsburgh. In his new book, "In the Shadow of International Law: Secrecy and Regime Change in the Postwar World," Mike argues just this—that the principle of non-intervention that has come up in the past century has actually created powerful motives for leaders to engage in covert action more frequently to spur regime change. David Priess sat down with Mike to talk through his thesis and its implications.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
43:5505/06/2020
Ryan Merkley on Why Wikipedia Works

Ryan Merkley on Why Wikipedia Works

In this episode of our Arbiters of Truth series on disinformation, Evelyn Douek and Quinta Jurecic spoke with Ryan Merkley, the chief of staff to the executive director of the Wikimedia Foundation. We’ve spent a lot of time on this podcast discussing how social media platforms have handled issues of disinformation and misinformation. But what about Wikipedia? It’s a massive online encyclopedia written and edited entirely by volunteers—so, not a platform, but still an online service grappling with a wave of untruths in an uncertain time. Ryan, Evelyn and Quinta talked about Wikipedia’s unique structure, how the site has managed to become a reliable resource on an often untrustworthy internet, and how readers, writers and editors of Wikipedia are navigating the need for information amidst both the pandemic and ongoing protests over police abuse of Black Americans.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
51:1904/06/2020
Rashawn Ray on Police Violence

Rashawn Ray on Police Violence

Dr. Rashawn Ray is a David M. Rubenstein fellow in Governance Studies at the Brookings Institution. He's also an associate professor of sociology at the University of Maryland, College Park, where he directs the Lab for Applied Social Science Research (LASSR). He is a scholar of, among other things, police-civilian relations and has done a lot of work on police-involved killings. He joined Benjamin Wittes to discuss the mechanisms of police violence, what causes it, what can be done to address it and reduce it, and the role of race in this problem. They talked about police unions, implicit bias, the difference between legality and morality in police shootings and what policy levers are available to bring an end to the rash of police killings.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
53:1403/06/2020
On the Brink with the Insurrection Act

On the Brink with the Insurrection Act

The president is threatening to designate Antifa as a terrorist organization. This evening, he appears to have ordered a tear gas attack on peaceful protesters near the White House in order to stage a photo op in front of a local church. And he has called out troops in Washington, DC, and threatened to invoke the Insurrection Act. To talk through the legal ins and outs of what the president has done (and not done), what he has the power to do and what he does not have the power to do, and what the federal response to the protests should be, Bobby Chesney, Steve Vladeck and Benjamin Wittes got together for this special joint episode of the National Security Law Podcast and the Lawfare Podcast.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
53:2302/06/2020
Bart Gellman on 'Dark Mirror'

Bart Gellman on 'Dark Mirror'

Journalist Bart Gellman is the author of the new book, "Dark Mirror: Edward Snowden and the American Surveillance State." Jack Goldsmith sat down with Gellman to discuss the book. They spoke about Gellman's reporting on the Snowden affair, the scope of the National Security Agency's surveillance capabilities and press freedom as it relates to national security reporting.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
01:01:2001/06/2020
Eli Lake Makes the Case for Flynn

Eli Lake Makes the Case for Flynn

Eli Lake is a columnist for Bloomberg and the author of a recent article in Commentary magazine on the case of Michael Flynn. In that article, he argues a number of things that many at Lawfare have argued against—that Michael Flynn was railroaded, that he was set up, that the FBI behaved inappropriately, and that the Justice Department pursued Michael Flynn unfairly and was thus correct under Attorney General Bill Barr to seek dismissal of the case. To argue it out, Benjamin Wittes spoke with Lake about the conduct of the FBI investigation, whether it was reasonable to interview Mike Flynn, whether the case should have been dropped and whether Mike Flynn really lied in his interview with the FBI.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
56:5429/05/2020
Gabrielle Lim on the Life and Death of Malaysia's Anti-Fake News Act

Gabrielle Lim on the Life and Death of Malaysia's Anti-Fake News Act

In this episode of Lawfare's Arbiters of Truth series on disinformation, Evelyn Douek and Quinta Jurecic spoke with Gabrielle Lim, a researcher with the Technology and Social Change Research Project at Harvard Kennedy School’s Shorenstein Center and a fellow with Citizen Lab. Lim just released a new report with Data and Society on the fascinating story of a Malaysian law ostensibly aimed at stamping out disinformation. The Anti-Fake News Act, passed in 2018, criminalized the creation and dissemination of what the Malaysian government referred to as “fake news.” After a new government came into power following the country’s 2018 elections, the law was quickly repealed. But the story of how Malaysia’s ruling party passed the act, and how Malaysian civil society pushed back against it, is a useful case study on how illiberal governments can use the language of countering disinformation to clamp down on free expression, and how the way democratic governments talk about disinformation has global effects.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
45:2228/05/2020
Hong Kong Erupts

Hong Kong Erupts

Hong Kong protesters are out in the streets once again, as the Beijing legislature contemplates a new national security law for the city, and the Hong Kong legislature considers a bill to make it a crime to disrespect the Chinese national anthem. It's all going relatively unnoticed amidst the international focus on the coronavirus, but Hong Kong is increasingly under the thumb of the Chinese Communist Party. To discuss the latest developments, Benjamin Wittes spoke with Sophia Yan of The Daily Telegraph, and Alvin Cheung, originally from Hong Kong and currently a non-resident affiliated scholar at NYU's U.S.-Asia Law Institute. They talked about the details of what these laws would do, the way Beijing might use them to crack down on dissent and what the protesters hope to achieve in this latest round of street violence.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
40:3627/05/2020
The SpaceX Launch and the Future of Space Law

The SpaceX Launch and the Future of Space Law

On Wednesday, NASA and the SpaceX Corporation are scheduled to send astronauts back into outer space from U.S. soil for the first time since the U.S. space shuttle program ended in 2011. The launch promises to kick off a new era in space exploration, one that will see the increased use of outer space for both public and private purposes, as well as greater involvement by private corporations and other unconventional actors in space exploration. To discuss the legal and policy challenges of this new era, Scott R. Anderson spoke with three lawyers working at the bleeding edge of space law and policy: Professor Timiebi Aganaba-Jeanty of Arizona State University and its Sandra Day O'Connor College of Law; Brian Israel, a former public and private sector space lawyer who teaches space law at Berkeley Law; and Daniel Porras, currently a space security fellow at the UN Institute for Disarmament Research.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
47:4326/05/2020
Steve Teles on 'Never Trump'

Steve Teles on 'Never Trump'

Steven Teles is the author of a new book with Robert P. Saldin, "Never Trump: The Revolt of the Conservative Elites." Benjamin Wittes spoke with Teles about the book, how the national security and legal communities approach Donald Trump and how these two schools of thought have informed the Never Trump movement.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
56:5723/05/2020
Deen Freelon on Why Black Trolls Matter

Deen Freelon on Why Black Trolls Matter

This week on Lawfare's Arbiters of Truth series on disinformation, Evelyn Douek and Quinta Jurecic spoke with Deen Freelon, an associate professor at the University of North Carolina Hussman School of Journalism and Media. Deen’s work focuses on data science and political expression on social media, and they discussed research he conducted on tweets from the Internet Research Agency troll farm and their attempts to influence U.S. politics, including around the 2016 election. In a recent article, Deen and his coauthors found that IRA tweets from accounts presenting themselves as Black Americans received particularly high engagement from other users on Twitter—which raises interesting questions about the interaction of race and disinformation. They also talked about what the data show on whether the IRA actually succeeded in changing political beliefs and just how many reporters quoted IRA trolls in their news reports without realizing it.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
51:3821/05/2020
Trump and his Predecessors with Kate Andersen Brower

Trump and his Predecessors with Kate Andersen Brower

There may not be many laws governing how former presidents should interact with the current commander-in-chief, or with each other, or how the sitting president should treat his or her predecessors. But over time, we have developed a body of norms about how to do so appropriately. Donald Trump has, to put it mildly, changed expectations about the relationships that presidents past and present have with each other. David Priess recently sat down in the virtual jungle studio to chat with Kate Andersen Brower, author of "Team of Five: The Presidents Club in the Age of Trump," in which she describes these dynamics among the few people to know what it is actually like to be president. They talked about her interview with Donald Trump to get at his feelings toward his predecessors, the unwritten rules of the Presidents Club and about what his post-presidency might look like.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
44:5020/05/2020
Firing Inspectors General

Firing Inspectors General

President Trump on Friday fired the inspector general of the State Department. It was the fourth time he had fired or removed an inspector general in just the last six weeks. As he explained in a letter to Capitol Hill leadership, he had lost confidence in the inspector general, though Democrats were quick to point out that he appeared to be investigating Mike Pompeo on a number of matters, and Mike Pompeo, in turn, had requested his removal. To discuss the Trump administration's removals of inspectors general, Benjamin Wittes spoke with Mike Bromwich, who was the inspector general of the Justice Department during the Clinton administration; Jack Goldsmith, professor at Harvard, who wrote a piece on Lawfare about the legality of removals of inspectors general; and congressional guru Margaret Taylor, who examines the congressional reaction to the moves. They talked about many aspects of the controversy: Is this unprecedented? When have prior presidents removed inspectors general? And what, if anything is Congress going to do about it? Thanks to our sponsor, the book "Slanted," at www.slantedbook.com.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
47:1819/05/2020
David Kaye on Free Speech During a Pandemic

David Kaye on Free Speech During a Pandemic

The global pandemic has raised searching questions about the relationship between a public health emergency and free speech. Jack Goldsmith sat down with David Kaye, the outgoing U.N. Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, to talk about Kaye’s new U.N. report on “Disease pandemics and the freedom of opinion and expression.” The pair discussed the impact the pandemic has had on hostility to speech in different parts of world, the importance of information during a pandemic and much more.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
56:5416/05/2020
Global Trade and Investment in the Coronavirus Era

Global Trade and Investment in the Coronavirus Era

The global coronavirus pandemic has changed the way different corners of the world interact with each other, perhaps forever. Nowhere is this more true than the global economy, where a decade's long trend toward the easier exchange of trade and investment was already under increasing political pressure when the pandemic broke. It may now be facing a truly unprecedented set of challenges. To discuss how the global trade and investment systems are being impacted by the coronavirus pandemic, Scott R. Anderson spoke to three legal experts who have a wealth of private and public sector experience between them: Julian Arato of Brooklyn Law School, Kathleen Claussen of the University of Miami School of Law and Ben Heath, currently at NYU School of Law, and soon to be of the Temple University Beasley School of Law.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
53:2015/05/2020
Craig Silverman on Real Reporting on Fake News

Craig Silverman on Real Reporting on Fake News

On this week's episode of Lawfare's Arbiters of Truth series on disinformation, Evelyn Douek spoke with Craig Silverman, the media editor for Buzzfeed News and one of the leading journalists covering the disinformation beat. Craig is credited with coining the phrase “Fake News.” Evelyn spoke with him about how he feels about that, especially now that the phrase has taken on a life of its own. They also talked about a book Craig edited, the second edition of the "Verification Handbook,” available online now, that equips journalists with the tools they need to verify the things they see online. Journalism and reporting on disinformation has never been so important—but the internet has never been so chaotic and journalists are not only observers of disinformation, but also targets of it.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
47:3614/05/2020
Elizabeth Shackelford on 'The Dissent Channel'

Elizabeth Shackelford on 'The Dissent Channel'

Scott R. Anderson sat down with Elizabeth Shackelford, a former foreign service officer whose late 2017 resignation became a sign of growing discontent with the Trump administration within the diplomatic corps. They talked about her new book, "The Dissent Channel," out this week, which discusses her experience as a young diplomat living through a period of crisis in South Sudan, and the lessons it taught her about diplomacy, human rights and the role of the United States in the world.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
51:2813/05/2020
The President's Tax Returns and the Supreme Court

The President's Tax Returns and the Supreme Court

The Supreme Court today held arguments in a blockbuster case. Do the Trump tax returns and associated financial documents at firms like Mazars and Deutsche Bank need to be turned over in response to congressional subpoenas and a subpoena by a New York State grand jury? Joining Benjamin Wittes to discuss it are Steve Vladeck, Quinta Jurecic and Margaret Taylor. They talked about how this confrontation developed between Congress and the executive, what the background law is and whether this should be in fact a very easy case, and where the justices seemed to be going and how they don't seem to be going in the direction of their prior precedents.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
53:4912/05/2020
'Unmaking the Presidency'

'Unmaking the Presidency'

From the moment of his inauguration, Trump has challenged our deepest expectations of the presidency. But what are those expectations? Where did they come from, and how great is the damage? "Unmaking the Presidency: Donald Trump's War on the World's Most Powerful Office," by Benjamin Wittes and Susan Hennessey, which is excerpted in this episode, situates Trump era scandals and outrages in the deeper context of the presidency itself. Now, the coronavirus pandemic presents one of the greatest challenges the modern American executive has ever faced. How did we get here? And in Donald Trump's hands, where does the world's most powerful office go from here?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
36:3310/05/2020
Dropping the Flynn Case

Dropping the Flynn Case

The Justice Department moved this week to dismiss the charges against Michael Flynn, a man who had pled guilty to lying to the FBI. It was an extraordinary move, one that provoked glee among the president's supporters and outrage among Justice Department traditionalists and critics of the president. On Friday, Benjamin Wittes spoke with Lawfare's Quinta Jurecic and Susan Hennessey, as well as with Chuck Rosenberg, a former U.S. Attorney and senior FBI official who has held a number of other significant positions in the Justice Department. They talked about the Justice Department's move and the rationale for it that is spelled out in a brief to the court. What will happen now as Judge Sullivan considers the motion to dismiss? Can it be justified? And how unusual was it?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
57:4209/05/2020
Tony Mills on Congress's Institutional Limitations in Responding to the Coronavirus

Tony Mills on Congress's Institutional Limitations in Responding to the Coronavirus

Margaret Taylor sat down with Tony Mills, director of science policy at the R Street Institute, to talk about an article he recently wrote with Robert Cook-Deegan titled, "Where's Congress? Don't Just Blame Trump for the Coronavirus Catastrophe." They talked about the limited role of Congress in responding to the current crisis, and more broadly, its diminished institutional capacity to absorb and respond to developments in science, technology and medicine.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
37:3008/05/2020
Aric Toler on How Not to Report on Disinformation

Aric Toler on How Not to Report on Disinformation

For this week's episode of our Arbiters of Truth series on disinformation, Evelyn Douek and Alina Polyakova talked to Aric Toler of Bellingcat, a collective that has quickly become the gold-standard for open source and social media investigations. Aric recently published a blog post in response to a New York Times article on Russian influence campaigns—one retweeted by former President Barak Obama no less—that Aric called “How Not to Report on Disinformation.” Evelyn and Alina asked him about the article and what exactly Aric thought was wrong with it as a case study for reporters writing about disinformation operations. When are reporters helping to uncover threats to democracy, and when are they giving oxygen to fringe actors?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
47:2707/05/2020
The Lawfare Podcast Bonus Edition: John Ratcliffe vs. The Committee With No Bull

The Lawfare Podcast Bonus Edition: John Ratcliffe vs. The Committee With No Bull

Representative John Ratcliffe testified before the Senate Select Intelligence Committee as a part of his nomination for the position of Director of National Intelligence. Ratcliffe was asked about his views on Russian interference, about the threat posed by North Korea, about how he would handle a variety of issues posed by the coronavirus pandemic and much more. The hearing was fairly substantive but did include some meanderings and grandstanding. But we cut out all the unnecessary repetition and theatrics to leave you with just the questions and answers that you need to hear.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
01:22:2207/05/2020
Jung Pak on 'Becoming Kim Jong Un'

Jung Pak on 'Becoming Kim Jong Un'

Jung Pak is a senior fellow at the Brookings Institution, a former CIA analyst and a North Korea specialist. She is the author of "Becoming Kim Jong Un: A Former CIA Analyst’s Insights into North Korea’s Enigmatic Young Dictator.” She joined Benjamin Wittes to discuss Kim Jong Un, the recent questions about whether he had died or become seriously ill, his rise to power and his confrontations with Donald Trump over nuclear weapons.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
53:1205/05/2020
Law, Policy and Empire with Daniel Immerwahr

Law, Policy and Empire with Daniel Immerwahr

Most of us don’t think of United States history as an imperial history, but the facts are there. The law and policy surrounding westward expansion, off-continent acquisitions, and a worldwide network of hundreds of bases reveal much about how and why the United States grew as it did. Last month, David Priess spoke with Daniel Immerwahr, associate professor of history at Northwestern University and author of “How to Hide an Empire.” They talked about everything from what the Constitution says about lands west of the thirteen colonies, to the critical role of the Guano Islands in U.S. history, to the famous Insular Cases, to how military access agreements and long-term leases help the United States avoid a truly territorial empire.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
43:3302/05/2020
Tom Wheeler and Nicol Turner Lee on 5G Deployment and Digital Competition with China

Tom Wheeler and Nicol Turner Lee on 5G Deployment and Digital Competition with China

Margaret Taylor spoke with Brookings scholars Tom Wheeler and Nicol Turner Lee to discuss their new papers published as part of a two-year-long Brookings project called Global China: Assessing China’s Growing Role in the World. They talked about where the United States and China stand in the so-called “race” to deploy 5G networks, and the need for a coherent U.S. national strategy going forward. They talked about spurring American competition by liberating the crucial asset of the next wave of the digital economy—consumer-generated data—and they talked about the prospects for effective regulation and protection of individual privacy. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
47:1301/05/2020
Thomas Rid on 'Active Measures,' Part 2

Thomas Rid on 'Active Measures,' Part 2

In this episode of Lawfare's Arbiters of Truth miniseries on disinformation, Quinta Jurecic and Alina Polyakova spoke with Thomas Rid about his new book, "Active Measures: The Secret History of Disinformation and Political Warfare." Yesterday’s episode of the Lawfare Podcast featured a conversation between Thomas and Jack Goldsmith about the book, focusing on the early history of disinformation through the 1980s. Today, Alina and Quinta follow up with a discussion with Thomas on disinformation in the digital age, along with some questions about what it’s like to interview former KGB and Stasi officials about their influence campaigns.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
51:3030/04/2020
Thomas Rid on 'Active Measures,' Part 1

Thomas Rid on 'Active Measures,' Part 1

Jack Goldsmith spoke with Thomas Rid about Rid’s new book, "Active Measures: The Secret History of Disinformation and Political Warfare." The book is about the history of information operations and influence campaigns, and we’re bringing you a two-part Lawfare Podcast to discuss it in detail. On this episode, Jack and Thomas discuss the history of disinformation from the beginning of the 20th century through the 1980s. Tomorrow on the Lawfare Podcast’s “Arbiters of Truth” miniseries on disinformation, Alina Polyakova and Quinta Jurecic will be sharing their discussion with Thomas about his research starting at the beginning of the internet age.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
42:5029/04/2020
Sophia Yan Reports from Quarantine in Beijing

Sophia Yan Reports from Quarantine in Beijing

Sophia Yan, a correspondent in Beijing for the London Telegraph, joined Benjamin Wittes from Beijing where she is in coronavirus lockdown after traveling to Wuhan, China, to see how it was recovering from being the coronavirus epidemic center earlier in the year. They talked about what Wuhan looks like these days, what quarantine means in China, and how close the surveillance is. And they talked about the Chinese government, how it is responding to the crisis, and about how the Chinese economy is recovering and suffering.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
33:3728/04/2020
Coronavirus, Federalism and Supply Chains: A Case Study

Coronavirus, Federalism and Supply Chains: A Case Study

We've covered this novel coronavirus from many angles, focusing on the disaster response issues that make up part of national security. For this episode of the Lawfare Podcast, we have something a bit different: a case study of how pandemic control measures intersect with federalism issues and supply chain continuity and security. With a focus on what's happening in Illinois, David Priess spoke with Rob Karr, the president and CEO of the Illinois Retail Merchants Association, representing the industry employing one out of every five people in Illinois, and with Mark Denzler, the co-chair of the state's Essential Equipment Task Force and the president and CEO of the Illinois Manufacturers' Association, representing companies that employ almost 600,000 Illinoisans.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
41:2825/04/2020
Charlie Warzel on the Pandemic Internet

Charlie Warzel on the Pandemic Internet

On this episode of Lawfare's Arbiters of Truth series on disinformation, Kate Klonick and Quinta Jurecic spoke with Charlie Warzel, an opinion writer at large at the New York Times. He’s written about the internet, disinformation, privacy and platform governance—and recently he’s been focusing on how these collide with COVID-19 and the uncertainty and anxiety of living through a pandemic. They talked about what the pandemic shows us about the role of big tech companies and how the spread of a deadly disease in the midst of a polarized information environment may be a worst-case scenario for disinformation.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
48:2823/04/2020
Mom and Dad Talk Clinical Trials in a Pandemic

Mom and Dad Talk Clinical Trials in a Pandemic

There has been a lot of confusion during the COVID-19 crisis about what counts as legitimate clinical evidence that a treatment really works. The president is endorsing unproven drug therapies based on anecdotal accounts. And while Lawfare is not a clinical trials or medical site, the subject of treating coronavirus cases certainly has become a national security issue. Benjamin Wittes and Quinta Jurecic just happen to know the perfect people to offer a basic explainer of the clinical research process. Mom and Dad. To be precise, Ben's mom and Quinta's dad, both of whom are biostatisticians. Janet Wittes is the president of Statistics Collaborative, a company that designs and analyzes data from clinical trials. She used to be the chief of statistics at the National Heart, Lung and Blood Institute. Steve Buyske is a professor of statistics at Rutgers University, who works on biostatistics, statistical genetics and experimental design. The four gathered in the virtual Jungle Studio to talk about the history of clinical trials, the standards for good clinical research and to what extent those standards can slip when you're dealing with an ongoing pandemic that is killing people worldwide.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
46:4921/04/2020
Former Congressman Brian Baird and Daniel Schuman on How Congress Can Continue to Function Remotely

Former Congressman Brian Baird and Daniel Schuman on How Congress Can Continue to Function Remotely

On April 16, former members of Congress participated in a "Mock Remote Hearing" via Zoom to test the viability of online congressional proceedings during the COVID-19 pandemic. Former General David Petraeus testified, along with representatives from Zoom, Microsoft Teams, and other experts; a Member of the UK Parliament testified about how the UK Parliament is innovating to meet the demands of social distancing. Margaret Taylor talked with former Congressman Brian Baird—who chaired the mock hearing—and Daniel Schuman, a lawyer, technologist and government transparency advocate who testified. They talked about Congress’s rather timid efforts so far to innovate in the age of social distancing, and ways Congress could continue to do hearings, markups and floor votes in a live, digital, remote format. They talked about the constitutional underpinnings of remote work by Congress and the importance of robust legislative and oversight work in a representative democracy—especially in the midst of a national crisis.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
43:5620/04/2020
Is Contact Tracing a Privacy Threat?

Is Contact Tracing a Privacy Threat?

Many people are holding out contact tracing as the way we are going to control the COVID-19 epidemic. Once we start opening up the economy again, it involves identifying people who have tested positive for the virus and notifying those with whom they have been in close contact that they are at risk and need to quarantine. It also involves surveillance—electronic surveillance of a type that we are not comfortable with as a society. Can we do it legally? Should we do it? Will it be effective? To work through the do's and don'ts and cans and can'ts of contact tracing, Benjamin Wittes spoke with Josh Sharfstein, Susan Landau, Alan Rozenshtein, Stewart Baker, and Bobby Chesney.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
01:06:3618/04/2020