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The Lawfare Podcast

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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.lawfaremedia.org.

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Episodes

Page 48 · 50 per page
Published 2020-10-19

An October Surprise from the New York Post

49 min
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On October 14, the New York Post began publishing what it touted as a series of blockbuster articles on emails and photos obtained from a laptop mysteriously abandoned at a Delaware computer repair shop—emails and photos that, the Post announced, belonged to Democratic presidential nominee Joe Biden’s son, Hunter. The materials had been provided to the tabloid by President Trump’s lawyer Rudy Giuliani. And from there, it only gets weirder.

In the eyes of many commentators, this looked like a continuation of Giuliani’s 2019 efforts to smear Joe Biden by claiming falsely that, while vice president, Biden had intervened to protect a Ukrainian company for which Hunter was working from investigation by Ukrainian law enforcement. That didn’t add up then, and it doesn’t now—the elder Biden’s work in Ukraine was aimed at combating corruption, not enabling it. But nevertheless, Trump and other Republicans are seizing on the Post’s stories—and complaining about efforts by social media companies to limit distribution of the stories on their platforms.

To get some perspective on what’s been going on, Quinta Jurecic spoke with Thomas Rid, a Professor of Strategic Studies at Johns Hopkins University's School of Advanced International Studies and the author of the book “Active Measures,” and Evelyn Douek, cohost of Lawfare’s Arbiters of Truth podcast series on disinformation and a lecturer at Harvard Law School.

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The past year has been a difficult one for the U.S. relationship with Iraq, a country that has increasingly found itself caught in the middle of the Trump administration's maximum pressure campaign against Iran and Iran's own efforts to strike back at the United States. Now, the relationship between the United States and Iraq appears to be reaching a new low, as Secretary of State Mike Pompeo has reportedly threatened to close the U.S. Embassy in Baghdad unless the Iraqi government does more to thwart attacks by militias associated with Iran against U.S. personnel stationed there. But is the Trump administration really willing to take such a dramatic and seemingly self-defeating step? Or are there other factors at play? To find out, Scott R. Anderson sat down with former ambassador Doug Silliman who knows the situation in Baghdad like few others. They discussed the threat to close the embassy, the legacy of the Soleimani strike for the bilateral U.S.-Iraq relationship and what the future that relationship might look like if Secretary Pompeo makes good on his threat.

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On this episode of Lawfare's Arbiters of Truth series on disinformation, Evelyn Douek spoke with Maria Ressa, a Filipino-American journalist and co-founder of Rappler, an online news site based in Manila. Maria was included in Time's Person of the Year in 2018 for her work combating fake news, and is currently fighting a conviction for “cyberlibel” in the Philippines for her role at Rappler. Maria and her fight are the subject of the film, “A Thousand Cuts,” released in virtual cinemas this summer and to be broadcast on PBS Frontline in early next year.

As a country where Facebook is the internet, the Philippines was in a lot of ways ground zero for many of the same dynamics and exploitations of social media that are currently playing out around the world. What is the warning we need to take from Maria’s experience and the experience of Philippine democracy? Why is the global south both the beta test and an afterthought for companies like Facebook? And how is it possible that Maria is still, somehow, optimistic?

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Last Friday, Lawfare's chief operating officer, David Priess, published a piece on the site titled, "The Powerful Norm of Accepting the Results of a Presidential Election." It recounts the long history, with few exceptions, of presidents and other candidates who respected election results even if they did not go their way—a commitment that the current president and vice president have both failed to make. David joined Benjamin Wittes to discuss the piece, the history, the president and the vice president's statements, and what it all means for the presidency and the transition of power.

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Published 2020-10-13

Charles Kupchan on 'Isolationism'

54 min
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Many of us think of the history of the United States' interaction with the world as one of relentless expansion, growth and engagement. From the early colonies, through the Spanish American War, through involvement in two world wars and of course, the Cold War era, the story is one of America increasingly getting involved with countries in its region and around the globe. Charles Kupchan has a thing or two to say about that. He recently researched and wrote the book, "Isolationism: A History of America's Efforts to Shield Itself from the World." He joined David Priess to talk through the idea that much of American history in terms of its relations to the outside world can be explained by isolationist tendencies, with only occasional bursts into more engagement, most notably in the Cold War world. But is that period coming to an end? And how does Donald Trump play into these trends?

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Congress is capable of moving a Supreme Court justice at record speed, yet it can't get coronavirus relief passed. It has struggled to keep the government open, and it has pending business that it has to accomplish now or during the lame duck session. Margaret Taylor and Molly Reynolds, both of Lawfare and the Brookings Institution, joined Benjamin Wittes for a Lawfare Live event to discuss the health of this first branch of government and its functioning during the combined crises of the coronavirus and an election in the midst of extreme partisan polarization. They talked about how oversight has worked (and how it hasn't), the relationship between Congress and the courts, whether McConnell can get the Supreme Court nomination through and what might be able to stop him.

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Published 2020-10-09

Andrew Weissmann on 'Where Law Ends'

51 min
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Andrew Weissmann was the general counsel of the FBI. He was the head of the Justice Department's fraud section and helped run the Enron Task Force. And yet, he is best known these days for having been one of Bob Mueller's top prosecutors—and certainly the most smeared of Bob Mueller's prosecutors. Weismann's name became a kind of tagline for Mueller's supposedly evil alter ego as the investigation went on, and Andrew's new book, "Where Law Ends: Inside the Mueller Investigation," recounts the whole experience. In it, Weissman describes what the Mueller investigation did right, what it did wrong, what it could have done differently and how it all went down from the inside. He joined Benjamin Wittes for a Lawfare Live event to discuss the book.

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On this episode of our Arbiters of Truth series on disinformation, Evelyn Douek and Quinta Jurecic spoke with Yochai Benkler, a professor at Harvard Law School and co-director of the Berkman Klein Center for Internet and Society.

With only weeks until Election Day in the United States, there’s a lot of mis- and disinformation flying around on the subject of mail-in ballots. Discussions about addressing that disinformation often focus on platforms like Facebook or Twitter. But a new study by the Berkman Klein Center suggests that social media isn’t the most important part of mail-in ballot disinformation campaigns—rather, traditional mass media like news outlets and cable news are the main vector by which the Republican Party and the president have spread these ideas.

So what’s the research behind this counterintuitive finding? And what are the implications for how we think about disinformation and the media ecosystem?

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Extract Knowledge
Published 2020-10-07

Scott Anderson on State Election Rules

44 min
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We have an election in less than a month, and a lot of analysts seem to be expecting contested results. Doomsday scenarios are playing out in the pages of national magazines, the campaigns are gearing up for legal challenges and a lot of people are super worried about it. But there's something missing from a lot of these conversations: actual state law. State laws are the rules under which an election will initially be challenged, and they differ a great deal from jurisdiction to jurisdiction. Benjamin Wittes sat down with Scott Anderson who led a team for Lawfare that surveyed the key battleground states' challenge regimes for contested elections. They talked about how these regimes differ, how they are similar, which ones give rise to particular concerns and what it all means for the upcoming federal election.

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Published 2020-10-06

John Brennan Remains Undaunted

69 min
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Starting in January 2017, John Brennan became one of President Trump's most blunt critics among former national security professionals. In the years since, he has been working on writing a book, now available, called "Undaunted: My Fight Against America's Enemies at Home and Abroad." David Priess sat down with John to talk about the book and his career. They talked about what brought him to the CIA, his career as a CIA officer and manager, his work overseas at the CIA, his time at the White House as the Deputy Assistant to the President for Homeland Security and Counterterrorism for President Obama in his first term, and his time as CIA director in President Obama's second term. They covered some controversies, including enhanced interrogation, the reorganization of the CIA in the so-called "modernization effort," Russian interference in the 2016 election, and of course, his outspoken criticisms of the president ever since.

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Published 2020-10-05

The President and the Coronavirus

47 min
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President Trump is at Walter Reed with the COVID virus. A large number of executive and legislative branch officials have also tested positive. What happens when the president is seriously ill? What happens when the president is incapacitated? And what happens when a presidential candidate falls seriously ill—after people have already started voting? These are not all questions entirely answered by the law, but they are all questions on which the law has something to say. To talk it all through, Benjamin Wittes spoke with an all Lawfare panel including managing editor Quinta Jurecic, founding editor Jack Goldsmith and chief operating officer David Priess.

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Published 2020-10-02

An Islamic State Hoax?

46 min
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On September 25, the Royal Canadian Mounted Police arrested a Canadian man for faking his involvement in the Islamic State. It’s a strange charge, but the situation is made more complicated by the fact that the man—who goes by the nom de guerre Abu Huzayfah—was the primary subject of “Caliphate” a popular New York Times podcast series about the Islamic State. In that series, Abu Huzayfah talked at length about spending time with the Islamic State and rehashed in great detail his involvement in the executions of prisoners detained by the group. It’s a complicated set of facts with a lot to unpack. Do we have any real sense of what happened? What features of the Canadian national security apparatus might have contributed to the bizarre situation? And what does the whole ordeal reveal about the challenges and pitfalls of telling stories about the war on terror?

To talk through everything, Jacob Schulz spoke with Leah West, a lecturer at the Norman Paterson School of International Affairs at Carleton University and a fellow at the McCain Institute, and Amarnath Amarasingam, an assistant professor in the School of Religion at Queen’s University.

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Extract Knowledge
Published 2020-10-01

Everything is On Fire

51 min
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On this episode of Lawfare's Arbiters of Truth series on disinformation, Evelyn Douek and Quinta Jurecic talked about how everything is on fire—not metaphorically, but literally. In recent months, wildfires in the American West have caused unprecedented devastation and forced thousands of people to evacuate their homes. And along with the fires, the West has been grappling with a surge of false material circulating online about the flames. But this isn’t the first time wildfires and disinformation have gone together. This past December and January, Australia was hit with both a brutal bushfire season and a similar wave of disinformation and misinformation about what sparked the fires and the role of climate change.

Evelyn and Quinta spoke about the offline and online conflagrations on both sides of the Pacific with Charlie Warzel of the New York Times and Cam Wilson, a reporter for Gizmodo Australia and Business Insider Australia.

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Published 2020-09-30

Trump's Money and National Security

60 min
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On Sunday, September 27, the New York Times dropped bombshell new reporting on nearly two decades of Donald Trump's tax return data. The story has attracted enormous attention and paints a dismal picture. Donald Trump paid no personal income taxes for 11 of the past 18 years, he uses tax deductions aggressively, and last year he paid only $750 in federal income tax. So, is this a story of a president merely in massive debt, or is there something more sinister at play? To whom does the president owe all this money? And what are the national security risks of the president being in this sort of financial position? To try to break it all down, Susan Hennessey sat down with Margaret Taylor, a fellow at Brookings and senior editor at Lawfare; Daniel Drezner, a professor of international politics at the Fletcher School of Law and Diplomacy at Tufts University and the author of "The Toddler in Chief: What Donald Trump Teaches Us about the Modern Presidency"; and Adam Davidson, a contributing writer to The New Yorker who has written extensively on Trump's financial entanglements.

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James A. Baker III has been a lawyer, a presidential campaign manager, the White House Chief of Staff for two presidents, the Secretary of the Treasury, the Secretary of State and the point person for George W. Bush in the 2000 Florida recount. His career demonstrates what it takes to acquire political power; to wield it effectively to reach bipartisan compromises, even after bitter campaigns; and to wrestle with the tension between partisan loyalty and the principles of good government.

David Priess spoke about Baker's remarkable life and career with Peter Baker of the New York Times and Susan Glasser of The New Yorker, authors of the new book, "The Man Who Ran Washington: The Life and Times of James A. Baker III."

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Published 2020-09-28

TikTok, WeChat and Trump

41 min
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It's been a wild few weeks with President Trump threatening to shut WeChat and TikTok out of the U.S. market and rip them out of the app stores. There have been lawsuits, a preliminary injunction—and a sudden deal to purchase TikTok and moot the issue out. To chew it all over, Benjamin Wittes spoke with Lawfare co-founder Bobby Chesney, a professor at the University of Texas at Austin Law School, and Jordan Schneider, the voice behind the podcast ChinaTalk. They talked about how we got here, whether the threat from these companies is real or whether this is more Trump nonsense, and whether the deal to save TikTok will actually work.

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Rebecca Lissner is an assistant professor at the U.S. Naval War College. Mira Rapp-Hooper is a senior fellow at Yale Law School's Paul Tsai China Center. Together, they are the authors of "An Open World: How America Can Win the Contest for 21st-Century Order." It's an ambitious book that looks beyond the liberal world order, arguing that China's rise and America's weakness render the old order obsolete. So, what will replace it? Lissner and Rapp-Hooper argue that the United States should push for an open order. They joined Benjamin Wittes to discuss why the liberal world order is failing, what role Donald Trump plays in that, whether it can be rehabilitated and what it means to have the open order that they are describing.

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This week on Lawfare's Arbiters of Truth miniseries on disinformation, Evelyn Douek and Quinta Jurecic spoke to Nina Jankowicz, a disinformation fellow at the Wilson Center, about her new book: “How to Lose the Information War: Russia, Fake News, and the Future of Conflict.” The book chronicles Nina’s journey around Europe, tracing down how information operations spearheaded by Russia have played out in countries in the former Soviet bloc, from Georgia to the Czech Republic. What do these case studies reveal about disinformation and how best to counter it—and how many of these lessons can be extrapolated to the United States? How should we understand the role of locals who get swept up in information operations, like the Americans who attended rallies in 2016 that were organized by a Russian troll farm? And what is an information war, anyway?

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It’s not something that gets a lot of attention in American news outlets, but there remain large numbers of women and children linked with the Islamic State detained in various camps in Syria. Some of the population in the camps are native to Iraq or Syria, but there are also significant numbers who traveled to the Islamic State from outside the Middle East. Many of these travelers came from Central Asia, but a not-insignificant number of them came from various countries in Western Europe—and many of those countries shied away from efforts to bring the women back home to face trial or otherwise reintegrate into society. Who are these women? What are conditions like in the camps? What is behind the reluctance of European countries to repatriate? And how should we think about the security threat that these women pose?

Jacob Schulz talked through these issues with Vera Mironova, a research fellow at Harvard and, among other things, author of a recent Lawfare post interviewing four women in these camps, and Fionnuala Ní Aoláin, the United Nations special rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism.

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Elizabeth Neumann served as the assistant secretary for threat prevention and security policy at the Department of Homeland Security. She has recently been speaking out about President Trump and, among other things, his failure of leadership with respect to the threat of white supremacist violence. In the course of doing so, she made reference to a book by Kathleen Belew, a historian at the University of Chicago: "Bring the War Home: The White Power Movement and Paramilitary America," a history of violent white power movements in the modern United States.

Elizabeth and Kathleen joined Benjamin Wittes to discuss the interactions of policy and the history that Belew describes. Why have we underestimated this threat for so long? How has it come to be one of the foremost threats that DHS faces? And what can we do about it, given the First Amendment?

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Published 2020-09-18

Goldsmith and Bauer on 'After Trump'

46 min
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"After Trump: Reconstructing the Presidency," a new book published by Lawfare, is a look at the manner in which Donald Trump has disrupted the presidency across a range of areas, as well as a series of proposals for reforms to try to restore those norms that his presidency has disrupted. Its authors, Bob Bauer, former White House counsel in the Obama White House, and Jack Goldsmith, Lawfare co-founder and former OLC chief in the Bush administration, joined Benjamin Wittes to discuss they book, how they came to write it, and the specific proposals they put on the table. They talked about ethics, about disclosure, about the relationship between the Justice Department and the White House, and about what the problems are that can—and can't—be solved through reform.

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Published 2020-09-17

Congress's Control Over the Military

51 min
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In recent years, Congress has taken unprecedented steps to push back against the Trump administration's efforts to pull U.S. troops from certain long-standing deployments overseas. The most recent such provision is contained in the House version of the National Defense Authorization Act for 2021 that is currently being debated and would prohibit the president from reducing U.S. troop levels in Germany and Europe unless certain conditions are met.

But does Congress have the authority to direct these deployments, or does doing so interfere with the president's constitutional authority as commander-in-chief? To discuss these issues, Scott R. Anderson sat down with two legal experts who have written extensively on the subject: Ashley Deeks of the University of Virginia School of Law and Zachary Price of the UC Hastings College of Law. They discussed the legal limits on Congress's authority over the military, what the president's commander-in-chief authority actually entails and what it all means for the future of U.S. troop deployments overseas.

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Published 2020-09-16

The Spymasters with Chris Whipple

51 min
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What is the proper relationship between the CIA director and the president? How should directors handle arguably illegal orders? How important is the director's role as the nation's honest broker of information during times of crisis?

To get at these questions, David Priess sat down with Chris Whipple, a documentary filmmaker, journalist and the author of two books about the people around the president. "The Gatekeepers," based upon his documentary of the same name, examines White House chiefs of staff, and his new book, "The Spymasters: How the CIA Directors Shape History and the Future," is based on the Showtime documentary "The Spymasters: CIA in the Crosshairs," for which Whipple was the writer and executive producer. They talked about CIA directors through the last several decades and how they've impacted U.S. history and national security.

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Alexei Navalny is Russia's most prominent dissident, opposition leader and anti-corruption crusader—and the latest such person to be poisoned by the Vladimir Putin regime, which, of course, it denies. When we recorded this episode, Navalny's condition was improving as he received medical treatment in Germany. To discuss Navalny's career and why Putin chose now to attack him, Benjamin Wittes sat down with Alina Polyakova, president and CEO of the Center for European Policy Analysis. They talked about how Navalny has become such a thorn in the side of the Putin regime, why Putin keeps poisoning people as opposed to killing them by other means and why the Russians are so ineffective at poisonings when they undertake them.

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Published 2020-09-14

Mike Schmidt on Stopping a President

47 min
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Michael S. Schmidt is a reporter for The New York Times, a reporter who broke a number of key stories during the Russia investigation. He is most recently the author of "Donald Trump v. The United States: Inside the Struggle to Stop a President," a new book with exhaustive reporting on the history of the Russia investigation and the confrontations between the president and those in his administration who tried to put the brakes on his most extreme behaviors.

Schmidt joined Benjamin Wittes to talk about the book. They talked about Jim Comey and his wife Patrice; they talked about former White House Counsel Don McGahn, who was in an impossible situation as both a deep believer in the Trump agenda and an informant for the Mueller investigation; and they talked about the Mueller investigation and why it never answered those counterintelligence questions that everyone expected it to address.

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Published 2020-09-11

Pete Strzok on 'Compromised'

81 min
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Peter Strzok served in the FBI from 1996 to 2018 and eventually became the deputy head of the counterintelligence division, where he supervised, among other things, the Russia investigation, both at the FBI and later under Robert Mueller. His new book is called, "Compromised: Counterintelligence and the Threat of Donald J. Trump." Benjamin Wittes sat down with Peter for an extended conversation over Zoom, sponsored by the Georgetown Center for Security Studies, to discuss the book, Pete's own history, why he still thinks the president is compromised by the Russians and his response to criticisms of the way the Russia investigation was conducted.

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This week on Lawfare's Arbiters of Truth series on disinformation, Alina Polyakova and Quinta Jurecic spoke with Ben Nimmo, the director of investigations at Graphika. Ben has come on the podcast before to discuss how he researches and identifies information operations, but this time he talked about one specific information operation: a campaign linked to the Internet Research Agency “troll farm.” Yes, that’s the same Russian organization that Special Counsel Robert Mueller pinpointed as responsible for Russian efforts to interfere in the 2016 election on social media. They’re still at it, and Graphika has just put out a report on an IRA-linked campaign that amplified content from a fake website designed to look like a left-wing news source. They discussed what Graphika found, how the IRA’s tactics have changed since 2016 and whether the discovery of the network might represent the rarest of things on the disinformation beat—a good news story.

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Published 2020-09-09

Cheap Fakes on the Campaign Trail

44 min
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It was a big week for manipulated video and audio content. In just 36 hours, senior republicans or people associated with the Trump campaign tweeted, posted or shared manipulated audio or video on social media three times, prompting backlash from media and tech companies. Last week, Lawfare's managing editor, Quinta Jurecic, and associate editor, Jacob Schulz, wrote a piece analyzing these incidents. To talk through issues of deep fakes and cheap fakes, Benjamin Wittes spoke with Quinta, Jacob and Danielle Citron, a professor of law at the Boston University School of law. They talked about who posted what on Twitter and other social media, how the companies responded, what more they could have done and whether posting manipulated video is still worth it, given how companies now respond.

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The Hatch Act has been in the news a lot recently, between the Republican National Convention's use of the White House grounds and Secretary Pompeo's decision to address the Convention from an official trip in Jerusalem. What does the law really require, what does it forbid and what does it permit? Benjamin Wittes spoke with Amanda Kane Rapp, senior counsel at Akin Gump Strauss Hauer & Feld, and Lawfare senior editor Scott R. Anderson. They talked about whether the RNC violated the Hatch Act, where the rules come from and how in the future they might be changed.

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Published 2020-09-04

A Busy Week at the DC Circuit

45 min
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It was a big week for the DC Circuit Court of Appeals who handed down opinions in two cases involving former presidential White House advisors. The case of Don McGahn, former White House Counsel, was decided by a panel of the court, having been kicked back to that panel by the full court earlier in the summer. The case of Michael Flynn was decided by the full court, reversing a panel that had earlier ordered a lower court judge to throw the criminal case out.

It's a dizzying series of events involving a complex bunch of cases. To talk through it, Benjamin Wittes got together with Lawfare senior editor Scott Anderson who clerked on the DC Circuit, and Jonathan David Shaub, a professor at the University of Kentucky J. David Rosenberg College of Law. They talked about the Flynn case, the McGahn case, the en banc court vs. the panels that it has generated, and where the cases are going next.

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This week on Lawfare's Arbiters of Truth series on disinformation, Evelyn Douek and Quinta Jurecic spoke with Alissa Starzak, the head of public policy at Cloudflare—a company that provides key components of the infrastructure that helps websites stay online. They talked about two high-profile incidents in which Cloudflare decided to pull its services from websites publishing or hosting extremist, violent content. In August 2017, after the white nationalist rally in Charlottesville, Cloudflare’s CEO Matthew Prince announced that he would no longer be providing service to the Neo-Nazi website the Daily Stormer. Two years later, Cloudflare also pulled service from the forum 8chan after the forum was linked to a string of violent attacks.

They talked about what Cloudflare actually does and why blocking a website from using its services has such a big effect. They also discussed how Cloudflare—which isn’t a social media platform like Facebook or Twitter—thinks about its role in deciding what content should and shouldn’t stay up.

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Published 2020-09-02

Briefings Schmiefings

43 min
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Last week, Director of National Intelligence John Ratcliffe informed Congress that elections security briefings in the run-up to the 2020 election would no longer be oral. There would be written intelligence product only, and there would be no Q&A sessions. Members of Congress are not happy about it.

To discuss the the change, Benjamin Wittes spoke with David Priess, a former CIA briefer who used to do briefings like this, and Margaret Taylor, a former congressional staffer who used to consume briefings like this. They discussed how big a change this actually is, whether it will stick and what tools Congress has to push back against it.

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On August 13, President Trump said in a news interview that he opposed supplemental funding for the United States Postal Service because such funding is needed for the delivery of universal mail-in ballots for the 2020 election. His comments sparked panic about whether the Trump administration is slowing Postal Service delivery in order to sway the election. Images of blue mailboxes being removed and anecdotes about slow mail delivery added fuel to the fire. Postmaster General Louis DeJoy was called to testify before Senate and House oversight committees. Lawsuits were filed by a host of state Attorneys General.

So what’s really going on here? Is this election interference, the implementation of legitimate policies or something else? Margaret Taylor sat down with Kevin Kosar of the American Enterprise Institute and Anne Joseph O’Connell of Stanford Law School to sort through the facts, the policy changes, the investigations and the lawsuits—and what it all means for the 2020 election.

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Published 2020-08-31

Trade War Powers: Past, Present and Future

55 min
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Earlier this month, the Trump administration re-imposed tariffs on aluminum imports from Canada, signaling a new salvo in the now years-long trade war it has been waging with countless U.S. trading partners. But what gives the president the authority to pursue such measures unilaterally, even when he lacks support from members of his own party in Congress? To talk through this question, Scott R. Anderson sat down with Kathleen Claussen of the University of Miami School of Law and Timothy Meyer of Vanderbilt Law School. They discussed the scope of the president's authority over trade, where it came from and what a future Congress might be able to do about it.

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In mid-May, President Trump fired the State Department Inspector General Steve Linick. The ouster came as a surprise, and although it is clear that Secretary of State Mike Pompeo asked Trump to fire him, the reasons Pompeo gave for it have changed over time. This is just one of a series of controversies coming out of the Department of State in recent months. With the House Foreign Affairs Committee investigating and additional Inspector General reports becoming public over the last month, Margaret Taylor sat down with Politico’s foreign affairs correspondent, Nahal Toosi, and Lawfare senior editor Scott Anderson, to sort through it all. They talked about the implications of Secretary Pompeo’s speech at the Republican National Convention, the IG’s report on Pompeo’s controversial decision to declare an emergency to expedite the sale of arms to Saudi Arabia, questions about the use of Department resources in support of Susan Pompeo and the State Department’s responses to the House and Senate requests for documents related to Biden and Burisma.

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This week on Lawfare's Arbiters of Truth series on disinformation, Evelyn Douek and Quinta Jurecic spoke with Emma Llansó, the director of the Free Expression Project at the Center for Democracy and Technology (CDT). They discussed the Global Internet Forum, or GIFCT, a consortium which houses a shared database of content that platforms use to remove terrorism-related material. Emma makes the case for why it’s worth paying attention to—and why she finds it concerning.

They also talked about CDT’s lawsuit against President Trump over his recent executive order aiming to constrain platforms’ leeway to moderate content, which the CDT is arguing violates the First Amendment.

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Published 2020-08-26

Yemen's Ongoing Tragedy

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Yemen is home to the most tragic circumstances imaginable right now—years upon years of war, environmental disasters and severe humanitarian plight, exacerbated by cholera, diphtheria and now COVID-19. To discuss the ongoing situation, David Priess sat down with Elisabeth Kendall, a senior research fellow in Arabic and Islamic Studies at Pembroke College, Oxford University, who has spent extensive time on the ground in Yemen, and Mick Mulroy, former Deputy Assistant Secretary of Defense for the Middle East. They talked about the roots of the Yemeni war and its humanitarian toll, its evolution through conflict and COVID-19, and prospects for improved conditions.

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Jack Goldsmith spoke with Harold Holzer, director of the Roosevelt House Public Policy Institute at Hunter College, about his new book, "The Presidents vs. the Press: The Endless Battle Between the White House and the Media from the Founding Fathers to Fake News." They discussed the long and interesting history of the contentious relationship between presidents and the press, and how President Trump's relationship with journalists has many precedents and is not the low point in president-press relations. They also discussed the likely arc of the battle between the White House and the media after Trump leaves office.

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Published 2020-08-24

The State of the U.S.-China Relationship

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

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The Senate Select Committee on Intelligence has released the final counterintelligence volume of its extensive report related to many aspects of the Russian information warfare and influence campaign surrounding the 2016 election. To dissect it, David Priess sat down with Lawfare's Benjamin Wittes, Susan Hennessey, Quinta Jurecic and Margaret Taylor. They discussed what's in this report, how it relates to the Mueller report and what actions, if any, it will spur from its hard-hitting findings.

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This week on Lawfare's Arbiters of Truth series on disinformation, Evelyn Douek and Quinta Jurecic spoke with Alex Stamos, the director of the Stanford Internet Observatory and former chief security officer of Yahoo and Facebook. Alex has appeared on the podcast before, but this time, they discussed a new coalition he helped set up called the Election Integrity Partnership—a coalition focused on detecting and mitigating attempts to limit voting or delegitimize election results. Disinformation and misinformation around the U.S. presidential election has already started popping up online, and it’s only going to increase as November draws closer. The coalition aims to counter this in real time. So how will it actually work?

They also asked Alex for his hot takes on TikTok—the popular video sharing platform facing pressure over concern about influence from the Chinese government.

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Late last week, the UN Security Council voted down a resolution, offered by the United States, to indefinitely extend a conventional arms embargo on Iran set to expire in October. The lifting of the arms embargo was one of the sweeteners that was part of the Obama administration's Iran nuclear agreement. Now, the Trump administration has announced it will begin the process of triggering the snapback of UN sanctions on Iran using procedures outlined in UNSCR 2231—a move that could be the death knell for the Iran nuclear agreement. Margaret Taylor sat down with Lawfare senior editor Scott Anderson, and Richard Gowan, the UN director for the Crisis Group, an independent research and advocacy organization, to talk through the legal and political issues, as well as what will unfold on this matter in the weeks and months to come.

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President Trump's relationship with the intelligence community is back in the news again after allegations that his administration manipulated an intelligence report to show a false equivalency between Russian efforts to interfere in the 2020 presidential election on his behalf and similar efforts by China and Iran on behalf of his opponent, former Vice President Joe Biden. But Trump isn't the first president to try to get the intelligence community to align its assessments with his preferred version of the facts, and he's most likely not the last. This week, Scott R. Anderson sat down with journalist Robert Draper to discuss his new book on one of the most infamous cases of intelligence manipulation in recent history, entitled "To Start a War: How the Bush Administration Took America into Iraq." They also discussed his recent article for The New York Times Magazine detailing the Trump administration's efforts to change intelligence reports on election interference and what these cases can tell us about the relationship between the presidency and the intelligence community.

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Published 2020-08-17

A Surprise UAE-Israel Deal

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In a surprise announcement last week, the United Arab Emirates and Israel are normalizing relations, and Israel is putting on hold its plans for annexation of West Bank territory. To discuss the announcement and its diverse implications for various actors, Benjamin Wittes spoke with Lawfare senior editor Scott Anderson; Suzanne Maloney, an Iran specialist who is acting head of the Foreign Policy Program at Brookings; Natan Sachs, the director of the Brookings Center for Middle East Policy; and Hady Amr, a non-resident senior fellow at Brookings who served as the United States deputy special envoy for Israeli-Palestinian negotiations. They talked about what the deal covers; its implications for the domestic politics of Israel, Iran and the United States; how it might affect the larger regional dynamics and what it means for the Palestinians.

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On July 30, former President Barack Obama, speaking at the funeral of Congressman John Lewis, threw his weight behind ending the Senate filibuster if necessary to pursue a voting rights agenda. His comments brought to the forefront a debate that has been simmering for years within the Democratic party. Margaret Taylor spoke with Adam Jentleson, who served as deputy chief of staff to Senate Democratic Leader Harry Reid during the Obama administration, and Brookings senior fellow Molly Reynolds, about the history of the filibuster, how it actually works and what the consequences could be if a Democratic-controlled Senate actually got rid of it.

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This week on Lawfare's Arbiters of Truth series on disinformation, Alina Polyakova and Quinta Jurecic spoke with Shane Huntley, the director of Google’s Threat Analysis Group—a team that leads Google’s efforts to track threats from nation states and hacker groups. If you’ve ever received a notification from Google that a state-sponsored actor is trying to access your email account, you’ve heard from the Threat Analysis Group. The group examines everything from attempts to steal cryptocurrency to what Google calls “coordinated influence campaigns.”

Recently, the Threat Analysis Group has begun putting out blog posts with updates on their work against coordinated influence campaigns. Alina and Quinta asked Shane about his “bulletin” for the first quarter of 2020.

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Published 2020-08-12

Trump Takes Aim at TikTok and WeChat

55 min
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President Trump recently issued executive orders aimed at banning TikTok and WeChat from operating in the United States. To discuss the sanction, Bobby Chesney sat down with Dr. Sheena Chestnut Greitens, an associate professor at the LBJ School of Public Affairs at the University of Texas at Austin and a faculty affiliate with the Strauss Center for International Security and Law and the Clements Center for National Security at UT; and Dr. Ronald Deibert, a professor of political science and the founder and director of The Citizen Lab at the University of Toronto's Munk School of Global Affairs and Public Policy. In addition to the executive orders concerning TikTok and WeChat, they also discussed the larger U.S.-China relationship and the role of technology competition in that space.

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Published 2020-08-11

The McGahn Decision and Proxy Voting

52 min
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Last week, the DC Circuit Court of Appeals in Washington handed down a major en banc decision on the question of whether the president's former White House Counsel, Don McGahn, even needs to show up in response to a congressional subpoena, or whether he has absolute immunity from testifying before Congress. A strong seven judge majority of the DC Circuit overturned a panel opinion that had held that a congressional committee had no standing to sue to enforce its subpoena. The full DC Circuit ruled that yes, it does have standing. In a separate case, a lower court ruled on an internecine dispute within the House of Representatives over proxy voting instituted by speaker Nancy Pelosi in response to the COVID-19 crisis. The court ruled that Republicans could not challenge the proxy voting rule because of the Speech and Debate Clause. Benjamin Wittes spoke with Lawfare senior editors Margaret Taylor and Scott Anderson about what this all means for congressional oversight, whether these opinions will stand up on further review and what will happen next.

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During the Vietnam War, Richard Nixon employed an unusual scare tactic in his efforts to reach a withdrawal—he led Vietnam to believe he was crazy enough to start a nuclear war, an approach he described as the madman theory. From his first days in office, President Trump has employed his own madman theory, from menacing North Korea with fire and fury to threatening withdrawal from NATO, leaving not just adversaries, but also U.S. allies and even his own advisors unsure of what he will do next. David Priess spoke with CNN's chief national security correspondent and anchor of CNN Newsroom, Jim Sciutto, who has analyzed Trump's foreign policy through this lens and written "The Madman Theory: Trump Takes On the World."

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