The Lawfare Podcast

From November 12, 2017: Matters Russia have been prevalent in U.S. politics since news of the Kremlin’s meddling in the 2016 elections first surfaced. It's time to pay some serious attention to the Russian surveillance apparatus. Andrei Soldatov, a Russian investigative journalist and co-author of the book, “The Red Web,” brings a unique interpretation of the Kremlin’s actions as an independent reporter in the very country Americans find so confusing. Special guest host Alina Polyakova, David M. Rubenstein fellow in Brookings’s Foreign Policy Program, interviewed Soldatov last week to discuss Russia’s perspective on the 2016 election meddling, the Kremlin’s surveillance operations, Edward Snowden, and much more.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Madison Cawthorn is a Republican congressman from North Carolina. His candidacy for reelection is the subject of challenge under Section 3 of the 14th Amendment—the part that says that people who engage in insurrection are disqualified from holding future office under the Constitution.Roger Parloff has written a lengthy article on Lawfare on the Cawthorn case, entitled “Can Madison Cawthorn Be Blocked From the North Carolina Ballot as an Insurrectionist?” He joined Benjamin Wittes to discuss the various ins and outs of this case, what constitutes an insurrection for purposes of the section, what Madison Cawthorn did, why he—of all members of Congress—is the one who is being subjected to this challenge, and who gets to decide who gets disqualified.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Brandon Silverman is a former Facebook executive and founder of the data analytics tool CrowdTangle. Brandon joined Facebook in 2016 after the company acquired CrowdTangle, a startup designed to provide insight into what content is performing well on Facebook and Instagram, and he left in October 2021, in the midst of a debate over how much information the company should make public about its platform. As the New York Times described it, CrowdTangle “had increasingly become an irritant” to Facebook’s leadership “as it revealed the extent to which Facebook users engaged with hyperpartisan right-wing politics and misleading health information.”This week on Arbiters of Truth, our series on the online information ecosystem, Evelyn Douek and Quinta Jurecic spoke with Brandon about what we mean when we talk about transparency from social media platforms and why that transparency matters. They also discussed his work with the Congress and other regulators to advise on what legislation ensuring more openness from platforms would look like—and why it’s so hard to draft regulation that works.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Rep. Jamie Raskin of Maryland has been one of the most prominent voices in Congress speaking about Jan. 6 and the aftermath of the insurrection. He has a uniquely personal relationship with the violence that day: he lost his son shortly before the riot, and went on to serve both as an impeachment manager prosecuting the second impeachment of Donald Trump, and as a member of the House select committee on Jan. 6, on which he still sits. On February 15, the Brookings Institution welcomed Representative Raskin to discuss his new book, “Unthinkable: Trauma, Truth, and the Trials of American Democracy.” For this special episode of the Lawfare Podcast, we’re bringing you audio of the event. First, you’ll hear Brookings President John R. Allen in conversation with Rep. Raskin. Then, you’ll hear a panel of Brookings scholars discuss Jan. 6 and Rep. Raskin’s reflections. Brookings senior fellow Sarah Binder moderated a discussion with Brookings senior fellows Fiona Hill, Rashawn Ray, Molly Reynolds, and Brookings fellow Quinta Jurecic. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The Biden administration on Friday notified a court of a novel proposal to dispose of $7 billion in frozen Afghanistan assets, producing some pretty confusing media and a lot of anger. To try to unpack it, Benjamin Wittes sat down with Alex Zerden, the founder and principal of Capitol Peak Strategies and the former lead of the Treasury Department's office at the U.S.-Kabul embassy, and Lawfare senior editor Scott R. Anderson. They talked about what the Biden administration did and its executive order on Friday, how the media subtly got it wrong, what the implications are for pending litigation and for providing relief to the Afghan people, and whether the administration has successfully threaded a needle.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Today on Lawfare, we’re publishing a piece by our editor-in-chief Benjamin Wittes and Lawfare senior editor Quinta Jurecic that revisits the Mueller report. Why? Because as of today, the statutes of limitations on potential obstruction charges against Donald Trump are beginning to expire.Trump's attorney general declined to prosecute, but we have heard nothing from the current Department of Justice about what, if anything, it is thinking about potential obstruction charges against the now former president. Natalie Orpett sat down with Ben and Quinta to talk about why that may be, what could be going on inside DOJ, and what we can expect from Attorney General Garland.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From January 16, 2016: Last week, we hated on bitcoin. This week we give it some love. This week, Brookings hosted a discussion on Bitcoin and the technology that undergirds the currency, specifically focusing on the promise of the distributed-ledger. The panel featured David Wessel, Michael Barr, Brad Peterson, Barry Silbert, and Margaret Liu, on how the blockchain could revolutionize payment flows and reduce the cost of financial transactions, all while securing information and enhancing privacy. They also tackle some of the most pressing policy questions facing the technology—from consumer protection to terrorists' finances—and how those tensions can be addressed.It's a relatively positive take on Bitcoin and its future potential and an argument for why you should buy back your Bitcoin if you sold it after last week's show featuring Lawfare's Bitcoin skeptic, Nick Weaver.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From January 9, 2016: This week we have Nick Weaver on the show. Nick's a regular Lawfare contributor, senior staff researcher at the International Computer Science Institute in Berkeley, California, and as you’ll see, quite the Bitcoin skeptic. Nick walks Ben through what exactly Bitcoin is, answering whether the platform is really a financial opportunity of historic proportions, the massive criminal problem law enforcement officials have suggested, or something else entirely: a waste of everyone's time and money. He also outlines some of the design flaws he sees in Bitcoin and why those flaws, which many in the Bitcoin community view as important features, will actually lead to the platform’s eventual downfall.It’s a discussion of Ponzi schemes, the limits of the blockchain, and the future of international currency transactions.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Over the past few weeks, Canada has been living through its own insurrectionary moment, as a series of trucker convoys have used tractor trailer trucks to occupy much of downtown Ottawa, launch protests in other major Canadian cities, and block points of entry along the country's southern border with the United States. While nominally objecting to Canadian vaccination mandates, particularly as applied to truckers, the convoy movement has at times made even more ambitious demands, including the dissolution of the Trudeau government, and it has close ties to far right-wing nationalists and ethno-nationalist organizations, both in Canada and the United States. While the convoy movement began in Canada, there are signs that is beginning to spread, with similar efforts appearing in Australia and New Zealand and intelligence reports suggesting the same may soon happen in the United States. To put these recent developments in context, Scott R. Anderson sat down with three Canadian national security experts who have been following the convoy crisis closely: Amarnath Amarasingam, assistant professor at Queen’s University; Stephanie Carvin, associate professor at Carleton University; and Jessica Davis, president of Insight Threat Intelligence. They discussed the origins of the convoy movement, its relationship with domestic violent extremism and what it might mean for both Canada and the rest of the world.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The Joe Rogan Experience is perhaps the most popular podcast in the world—and it’s been at the center of a weeks-long controversy over COVID misinformation and content moderation. After Rogan invited on a guest who told falsehoods about the safety of COVID vaccines, outrage mounted toward Spotify, the podcasting and music streaming company that recently signed an exclusive deal with Rogan to distribute his show. Spotify came under pressure to intervene, as nearly 300 experts sent the company a letter demanding it take action, and musicians Neil Young and Joni Mitchell pulled their music from Spotify’s streaming service. And the controversy only seems to be growing. This week on Arbiters of Truth, our series on the online information ecosystem, Evelyn Douek and Quinta Jurecic spoke with Ashley Carman, a senior reporter at The Verge who writes the newsletter Hot Pod, covering the podcast and audio industry. She’s broken news on Spotify’s content guidelines and Spotify CEO’s Daniel Ek’s comments to the company’s staff, and we couldn’t think of a better person to talk to about this slow-moving disaster. How has Spotify responded to the complaints over Rogan, and what does that tell us about how the company is thinking about its responsibilities in curating content? What’s Ashley’s read on the state of content moderation in the podcast industry more broadly? And … is this debate even about content moderation at all?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.