The Lawfare Podcast

George Shultz passed away on February 6, just two months after passing his 100th birthday. He was a momentous and fascinating national security figure who has quite a legacy within national defense, foreign policy and even management circles in the federal government. To talk about his legacy and what made him such a special senior government leader, David Priess sat down with Ambassador Nicholas Burns and Kori Schake. Nick Burns is a man of many titles, including professor at the Kennedy School at Harvard University, building on almost three decades of U.S. government service, including a role as the Under Secretary of State for Political Affairs from 2005 to 2008. Kori Schake is the director of foreign and defense policy studies at the American Enterprise Institute, coming after service in the National Security Council, the Department of Defense and the Department of State. They talked about about George Shultz, the positions he had, the influence he had on those around him and his influence on future administrations, both Republican and Democratic.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The Senate impeachment trial of Donald Trump—the sequel—gets underway this week when the House impeachment managers and Trump's new defense team spar on the Senate floor under the gavel of Senator Patrick Leahy. What should we expect from this second round of impeachment trial? For a preview, Benjamin Wittes sat down with Molly Reynolds, Lawfare's congressional guru and a senior fellow at the Brookings Institution; Lawfare's managing editor Quinta Jurecic; and Lawfare's chief operating officer David Priess. They talked about what rules are going to apply this time and whether they will be different from the last time around, whether there will be witnesses, what will be different with Senator Leahy presiding, how the president is likely to present his defense and how he might scuttle his lawyers' efforts.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Some countries don't just abuse their citizens within their own borders; increasingly, they target individuals after they have gone abroad. A range of nefarious acts play a role here, and together they make up a phenomenon called transnational repression. Nate Schenkkan, the director of research strategy at Freedom House, and Isabel Linzer, Freedom House's research analyst for technology and democracy, are the two authors of "Out of Sight, Not Out of Reach: Understanding Transnational Repression," a new report detailing the practice and Freedom House's research on the topic. David Priess sat down with them to discuss the variety of forms transnational repression can take, whom is targeted and why, examples from the governments of Russia, Saudi Arabia, China, Rwanda and even Equatorial Guinea, and recommendations to buck this growing trendSupport this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On this episode of Arbiters of Truth, Lawfare’s miniseries on disinformation and misinformation, Quinta Jurecic sat down with Lawfare’s deputy managing editor Jacob Schulz, and Jordan Schneider, host of the ChinaTalk podcast, to talk about Substack. The newsletter service is the new cool thing in the journalism world—and, like any newly popular online service, it is already running into questions around content moderation. Jacob wrote about Substack’s content moderation policy earlier this month, and Jordan uses Substack to send out his ChinaTalk newsletter, so he filled us in on the platform’s nuts and bolts. Why is Substack so popular right now, anyway? Does it help writers step outside the unhealthy dynamics that help spread disinformation and discontent on social media, or does it just play into those dynamics further? And what might the platform’s content moderation policies leave to be desired?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

There is an impeachment trial next week, and the two sides—the impeachment managers for the House of Representatives and the lawyers for the former president of the United States—filed their briefs before the Senate. The briefs could not be more different. One is long, legally dense and factually rich; the other is short—a mere 14 pages—and contains some interesting oddities and errors. To chew over the briefs, Benjamin Wittes sat down with Lawfare's managing editor Quinta Jurecic and chief operating officer David Priess. They talked about what the two sides are arguing, what it says about the cases they mean to present to the Senate and whether there are going to be witnesses next week when the two sides have to present their cases before the senators themselves.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It was the second weekend of major protests in Russia, as Russians across the country took to the streets to protest the detention of Alexei Navalny. In a major show of force, the police rounded up a very large number of people and there were a number of beatings. To bring us up to speed on the situation in Russia, Benjamin Wittes sat down with Alina Polyakova, president of the Center for European Policy Analysis. They talked about whether the protests are dwindling or gathering strength, and whether that's really about the Russian security services or the 30-degree-below-0 weather. They talked about Putin's game plan, Navalny's game plan and where this is all heading over the next few months and years.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On January 27, the Department of Homeland Security issued an unusual National Terrorism Advisory System bulletin—unusual because it addressed solely the heightened threat environment of violence from domestic violent extremists, with no mention of foreign terrorist organizations or even the word terrorism. It's a striking document both for what it describes and for what it leaves unsaid. To discuss the bulletin, its context and what comes next, David Priess sat down with Carrie Cordero, former counsel to the National Security Division at the Department of Justice and senior associate general counsel at the Office of the Director of National Intelligence; Andrew McCabe, the former deputy director of the FBI; Elizabeth Neumann, former deputy chief of staff to the Secretary of Homeland Security and assistant secretary for threat prevention and security policy at DHS; and Nick Rasmussen, former director of the National Counterterrorism Center.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Yesterday was a big day—the day that the Facebook Oversight Board released its first decisions. The independent board, an experiment in platform governance set up by Facebook, handed down five rulings weighing in on the company’s decision to remove various posts for violating Facebook’s community guidelines. It may not be Marbury v. Madison, but it’s still a big moment for online speech regulation. To mark the occasion, Lawfare is setting up a new page collecting and tracking the board’s decisions. For this episode of the podcast, Quinta Jurecic spoke with Evelyn Douek, cohost of Lawfare’s Arbiters of Truth podcast series on disinformation and a lecturer at Harvard Law School, and Lawfare deputy managing editor Jacob Schulz. They discussed everything you need to know about the Oversight Board, including those most basic but crucial of questions: What exactly is it, anyway? What’s in the decisions? And why should we care?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

For this episode of Arbiters of Truth, Lawfare’s miniseries on disinformation and misinformation, Kate Klonick and Quinta Jurecic spoke with Joan Donovan, the research director at the Shorenstein Center on Media, Politics and Public Policy at the Harvard Kennedy School. Her work focuses on networked social movements, disinformation and media manipulation—so she’s the perfect person to help untangle the continued fallout not only from the January 6 Capitol riot, but from the last four years more broadly. They talked about Joan’s route from researching Occupy Wall Street to studying far-right disinformation, the importance of understanding networks of communication and coordination in studying social media, and the responses of big social platforms to the violence in the Capitol.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

David Kris sat down with David Hatch, the senior historian at the U.S. National Security Agency. They discussed Project VENONA, an incredibly significant intelligence program involving encrypted Soviet messages that began during World War II and went on for many years thereafter. It's a story full of unusual events and interesting lessons about intelligence and counterintelligence and spy vs. spy. There's also a little review of encryption—specifically, the risks of reusing one-time encryption pads—and a discussion of the declassification process of Project VENONA and why we can talk about the project at all.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.