The Lawfare Podcast (general)

For the past several months, Australia has been struck by massive bushfires like nothing seen before in recent memory. As the country has grappled with the spread of these unprecedented blazes, it’s also grappled with the spread of falsehoods about what caused them.


This week on our Arbiters of Truth series on disinformation, Evelyn Douek and Quinta Jurecic spoke with Elise Thomas, a journalist and researcher at the Australia Strategic Policy Institute’s International Cyber Policy Center. Elise has been tracking misinformation and disinformation around the blazes—from the suggestion by the right-wing Australian press that arson, not climate change, is to blame for the fires, to online conspiracy theories imported in from the United States. They talked not only about the fires, but also about the global nature of the fight against mis- and disinformation online and why we need to be cautious about focusing too much on bots in waging that fight.

Elise was calling in from Canberra, and unfortunately we had some audio glitches, but it's too great a conversation to miss.

Direct download: Episode_502.mp3
Category:general -- posted at: 4:46pm EDT

We have an impeachment trial going on. We've had hours and hours of presentation by the House managers, and hours of presentation by the president's defense team, and there are likely hours to go. To bring us up to speed with where we are, where we are after the big John Bolton bombshell over the weekend, and the coming fight over witnesses, Benjamin Wittes spoke with Margaret Taylor, Quinta Jurecic, and Jonathan David Shaub.

Direct download: Episode_501.mp3
Category:general -- posted at: 3:09pm EDT

The past few years have seen an uptick in Russian covert actions across Europe, including assassinations and attempted killings of people in Ukraine, Bulgaria, Germany, and the United Kingdom. Just this week, Bulgaria charged three Russian agents with the poisoning of a prominent Bulgarian arms manufacturer. Michael Schwirtz has been an investigative reporter with the New York Times for almost 15 years, and he's been tracking this Russian skulduggery carefully in many of those countries for much of that time. Recently, he's reported on how quite a bit of that activity is linked to one particular unit within the Russian GRU. David Priess sat down with Michael to work through this increasingly aggressive Russian action and what it all means going forward.

Direct download: Episode_500.mp3
Category:general -- posted at: 1:03am EDT

For this episode of Lawfare’s Arbiters of Truth series on disinformation, Alina Polyakova and Quinta Jurecic spoke with Renee DiResta, the technical research manager at the Stanford Internet Observatory. Renee has done fascinating work on how technology platforms and algorithms interact with false and misleading narratives, ranging from misleading information on health issues to propaganda pushed by the Islamic State and the Russian government.

Direct download: Episode_499.mp3
Category:general -- posted at: 1:39pm EDT

"Unmaking the Presidency: Donald Trump's War on the World's Most Powerful Office," by Susan Hennessey and Benjamin Wittes, was published today. The Brookings Institution hosted a launch event, moderated by Fred Hiatt, in which Susan and Ben discussed the book. "Unmaking the Presidency" is an attempt to explore the Trump presidency through the lens of the norms of the traditional presidency that he has violated. It's a look at his vision of the presidency, a look at the range of presidential powers that vision affects, and a look at the history of how those norms developed.

Direct download: Episode_498.mp3
Category:general -- posted at: 7:07pm EDT

The Senate impeachment trial of President Trump starts Tuesday. The President now has a legal team. And over the weekend, both the House impeachment managers and the President's lawyers filed initial briefs. In this special edition of the podcast, Benjamin Wittes, Margaret Taylor, Susan Hennessey, David Priess, Scott Anderson, and Paul Rosenzweig talk it all through. What should we make of the president's legal team? What do the briefs say? And what should we expect from the trial to come?

Direct download: Special_Edition_1-20-20_Impeachment_mixdown.mp3
Category:general -- posted at: 7:52pm EDT

The impeachment trial of President Donald Trump is set to begin on Jan. 21, and the question of what constitutes an impeachable offense is sure to feature in the trial itself and in the broader discussion of the president’s conduct. To answer that question, many commentators, lawmakers and experts may rely on what the Founders said at the time the Impeachment Clause was written into the Constitution. But there’s another way to think about an impeachable offense: by looking at the offenses for which Congress has actually impeached people. Hilary Hurd explored that sordid and unexpected history of impeachment in a recent article for Lawfare. In the latest edition of the Lawfare Podcast Shorts, you can listen to that article in-full, read by the author.

Direct download: Hilary20Hurd20Shorts_mixdown.mp3
Category:general -- posted at: 10:46am EDT

Batya Ungar-Sargon is the opinion editor of The Forward, the Jewish newspaper published out of New York City. She has been among the chroniclers, both in print and on Twitter, of the recent spate of attacks against Orthodox communities in New York and New Jersey. She joined Benjamin Wittes by Skype to talk about the origins of these attacks, why it is so hard to respond to them, and why they don't fit in with any of our political preconceptions.

Direct download: Episode_497.mp3
Category:general -- posted at: 1:00am EDT

On this episode of the Arbiters of Truth series, Evelyn Douek and Quinta Jurecic spoke with law professors Bobby Chesney and Danielle Citron about deep fakes—that is, artificial audio and video that can be used to depict a person doing or saying something that they never did or said. They talked about the paper that Bobby and Danielle wrote in 2018 about how deep fakes pose a looming challenge for privacy, democracy, and national security. And with recently circulated, doctored video of Speaker of the House Nancy Pelosi and presidential candidate Joe Biden, they talked about how the issue hasn't gone away, as well as the distinction between deep fakes and other less sophisticated forms of editing.

Direct download: Episode_496.mp3
Category:general -- posted at: 11:47am EDT

There's going to be a House vote tomorrow to send the impeachment articles over to the Senate. Then there's going to be a little parade where the appointed managers from the House take them over. And then, we're going to have a Senate trial. Benjamin Wittes gathered in the Jungle Studio with Margaret Taylor, Molly Reynolds, David Priess, and Jonathan Shaub (by phone) to imagine what that trial will look like. They talked about the ceremonial aspects of the impeachment trial; witnesses, who they can force to show up, and whether they can force them to answer questions; and how the president's defense might defend Donald Trump against these charges.

Direct download: Episode_495.mp3
Category:general -- posted at: 8:56pm EDT