The Lawfare Podcast

Earlier this year, Donald J. Trump became the first former president to be criminally indicted. A few months later, he became the first former president to be indicted a second time, this time in federal court. And it’s not clear that he is done, as Trump and his close associates remain at the center of at least two and possibly more ongoing criminal investigations that have not yet resulted in charges. Nor are Trump’s legal troubles limited to the criminal side of the ledger, as he and the Trump Organization he runs are also involved in a number of ongoing civil lawsuits. As a result, the leading candidate for the 2024 Republican presidential nomination is expected to spend much of that year in court. To get a sense of the complex litigation landscape facing the president and to catch up on the latest developments, Lawfare Senior Editor Scott R. Anderson sat down with Lawfare’s two leading trial watchers: Senior Editor Roger Parloff and incoming Legal Fellow Anna Bower. They talked about the criminal cases Trump is facing, what charges may yet be coming down the pike, and how his overlapping trials—and the forthcoming election—fit into his apparent legal defense. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On July 4, a federal judge in Louisiana issued one of the most dramatic First Amendment rulings in recent memory. The case involves a variety of individuals, organizations, and conservative state governments who accuse the Biden administration of unconstitutional "jawboning”—that is, informally pressuring social media companies to censor speech, especially about controversial topics like COVID vaccines and election integrity.Describing the allegations as the "most massive attack against free speech in United States’ history," Judge Terry Doughty enjoined by name dozens of high-level Biden administration officials, and potentially thousands more unnamed government employees, from communicating with social media companies about taking down First Amendment-protected user content.If the opinion stands, it will have a dramatic effect on the ability of the government to communicate with social media platforms, a practice that administrations of both parties have engaged in for years. Earlier this week, Judge Doughty rejected a motion from the government to stay the injunction pending appeal; the government has since asked the Fifth Circuit to do so instead and, in a sign of how seriously it is taking the ruling, has signaled that it may ask the Supreme Court to step in if the Fifth Circuit does not.On this episode of Arbiters of Truth, our series on the information ecosystem, Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare, spoke to two of the leading experts on the government's relationship with social media platforms to work through the implications of this decision. Derek Bambauer is the Irving Cypen Professor of Law at the University of Florida Levin College of Law and is the author of an influential law review article on jawboning in the context of internet speech. Jeff Kosseff is an associate professor of cybersecurity law in the United States Naval Academy and a Lawfare contributing editor and the author of numerous books and articles about online speech issues.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

What are the latest trends in the ransomware-as-a-service ecosystem? Since at least May 27, the CL0P ransomware gang has been exploiting a previously unknown vulnerability to exfiltrate data from financial services organizations, energy corporations, government agencies, and even universities. The group appears to be changing tactics—while it was previously known for its use of the “double extortion” tactic of stealing and encrypting victim data, it seems to now be relying mostly on data exfiltration instead.To discuss the latest changes in the ransomware ecosystem, Eugenia Lostri, Lawfare’s Fellow in Technology Policy and Law, sat down with Charl van der Walt, Head of Security Research at Orange Cyberdefense. Charl is one of the authors of a report analyzing recent cyber extortion activity. They talked about the ransomware-as-a-service ecosystem, the impact the Russian invasion of Ukraine had on ransomware activity in the past year, and what law enforcement is doing to disrupt cybercriminal networks.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Eric Goldstein is the Executive Assistant Director for Cybersecurity of the U.S. Cybersecurity and Infrastructure Security Agency, having served previously as Global Head of Cybersecurity Policy Strategy and Regulation at Goldman Sachs, where he led development of the firm's cybersecurity risk management program, and in cybersecurity positions in DHS, as well as practicing cybersecurity law in the private sector. David Kris, Lawfare Contributor and former Assistant Attorney General for the National Security Division, and Bryan Cunningham, Lawfare Contributor and Executive Director of the University of California, Irvine’s Cybersecurity Policy & Research Institute, sat down with Eric to talk about all things cybersecurity, including the U.S. National Cybersecurity Strategy and U.S. government cyber lanes in the road. Eric also discusses ransomware and what it's like for a lawyer to serve in an operational position. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, Alan, Quinta, and Scott sat down to talk over the week's post-Independence Day national security news, including:“Oy Revolt.” Israel launched a major military operation aimed at uprooting terrorist bases in the refugee camp outside the city of Jenin in the West Bank this week. But as is so often the case, the operation not only proved deadly for Palestinian civilians but has become a point of controversy in the international community. What does this operation say about Israel’s security strategy? “Nationwide Disjunction.” On July 4, a federal judge in Louisiana issued a nationwide injunction ordering the Biden administration not to engage with social media platforms over First Amendment protected speech, arising out of complaints about its handling of COVID-19 information (or misinformation). What is the basis for this order, how realistic is it, how sustainable is it, and what does it tell us about the weird legal dynamics surrounding this set of issues at the moment?“A la Modi.” Indian President Narendra Modi is having a moment. This week he is sitting down with Chinese and Russian leaders, hosting a virtual face-to-face of the Shanghai Cooperative. This just a week after he was feted by President Biden and Congress here in Washington, D.C. What are we to make of India’s new global prominence?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From January 17, 2015: This week, Ben and Matt Waxman sat down with Daniel Reisner, former head of the International Law Branch of the Israeli Defense Forces and current partner with Herzog, Fox and Neeman. Reisner has also served as a senior member of Israel’s peace delegations over the years, participating in negotiation sessions and summits including those at Camp David. He continues to advise senior members of the Israeli government on a variety of issues relating to international law and operational security issues. Colonel Reisner was in New York on a visit sponsored by Academic Exchange for a series of events and discussions on contemporary national security challenges. His experiences set up a wide-ranging conversation touching on everything from the law of targeted killing to the role of morality in operational law advice.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

“But what about Hillary Clinton's emails,” a thousand voices have shouted since the Trump Mar-a-Lago indictment came down. It's not just politicians; it's commentators in serious magazines who seem to think that Trump's conduct is no different from that of the former secretary of state.Lawfare Senior Editor Roger Parloff writing in Lawfare on June 26 found 703 different ways in which Trump's Mar-a-Lago conduct bears no resemblance to Clinton’s emails, and he joined Lawfare Editor-in-Chief Benjamin Wittes to talk about them. With him was Pete Strzok, a former FBI special agent who ran the Hillary Clinton email investigation. He was there to talk about the investigation, how it differed from the Trump Mar-a-Lago investigation, and whether Roger is correct that the two could not be more different.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Political scientist Ethan Scheiner discusses the intriguing connections between hockey and international relations, focusing on Czechoslovakia before, during, and after the Cold War. Topics include the Swedish-Finnish rivalry, the origins of the game in Europe, Czechoslovakian hockey players using the sport to defy Soviet domination, prominent sports figures' defections, and hockey in Czechoslovakia after the end of Communist rule in Eastern Europe.

The Committee on Foreign Investment in the United States, or CFIUS, is one of the most important national security offices that you have probably never heard of. Responsible for reviewing foreign investment in the United States for possible national security threats, its jurisdiction and scope of work has expanded dramatically in recent years—and may be on the verge of expanding once again, as the Biden administration considers installing similar measures for outbound U.S. investment.To discuss, Lawfare Contributing Editor Brandon Van Grack and Lawfare Senior Editor Scott R. Anderson sat down with Assistant Treasury Secretary for Investment Security Paul Rosen, whose office oversees the CFIUS process, for the first of what we are calling “The Regulators”: a special series Lawfare is co-sponsoring with our friends at the law firm Morrison Foerster, where Brandon is a partner, featuring one-on-one discussions with the senior officials that are implementing our new era of economic statecraft. They discussed how the CFIUS process works in practice, how it’s changed, and what challenges sit on the horizon, both for U.S. policymakers and the businesses they interact with.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Former Vice President Mike Pence's grand jury testimony and his challenge to the validity of the subpoena under the Constitution's Speech or Debate Clause are discussed. Implications of the court's decision, Pence's role in January 6 events, and the potential information from redacted documents related to the investigation are analyzed.