The Lawfare Podcast (general)

On this episode of Arbiters of Truth, Lawfare’s miniseries on disinformation and misinformation, Evelyn Douek and Quinta Jurecic spoke with Ben Smith, media columnist for the New York Times and former editor-in-chief of BuzzFeed News. Ben spends a lot of time thinking and writing about the gatekeepers who hold the power to shape our public sphere. At BuzzFeed, he capitalized on the way the rise of the internet allowed upstarts to work around the Old Gatekeepers, the legacy media organizations; now, at the Times, he’s one of them. But there are also the other New Gatekeepers: the Platforms, flailing around as much as the rest of us in trying to make sense of the role they’ve found themselves in. So what does Ben think about the current state of the media ecosystem and where it's headed? And why, in his view, was February 26, 2015—almost exactly 6 years ago—the last good day on the internet?

Direct download: Ben_Smith_on_Gatekeepers_in_the_Internet_Age.mp3
Category:general -- posted at: 5:00am EDT

While we have been dealing with an insurrection in Washington, protestors in Hong Kong are being tried under the city's new Beijing-imposed national security law. For an update on what's going on in Hong Kong and in its relationship with China, Benjamin Wittes sat down with Sophia Yan, Beijing correspondent for The Telegraph in London, and Alvin Cheung, a postdoctoral fellow at McGill University and a non-resident affiliate scholar with NYU's U.S.-Asia Law Institute. They talked about how the national security law is being applied in Hong Kong, whether the protests are likely to reignite as the coronavirus epidemic fades and what activists are doing now that they do not know what Beijing will tolerate.

Direct download: An_Update_from_Hong_Kong.mp3
Category:general -- posted at: 5:00am EDT

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.

Direct download: The_Legacy_of_George_Shultz.mp3
Category:general -- posted at: 5:00am EDT

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.

Direct download: An_Impeachment_Trial_Preview.mp3
Category:general -- posted at: 5:00am EDT

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 trend

Direct download: Transnational_Repression.mp3
Category:general -- posted at: 5:00am EDT

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?

Direct download: Lawfare_Enters_the_Substack_Discourse.mp3
Category:general -- posted at: 5:00am EDT

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.

Direct download: Impeachment_Briefing.mp3
Category:general -- posted at: 5:00am EDT

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.

Direct download: Alina_Polyakova_on_the_Protests_in_Russia.mp3
Category:general -- posted at: 5:00am EDT

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.

Direct download: DHS_Warning_Domestic_Violent_Extremists.mp3
Category:general -- posted at: 5:00am EDT

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?

Direct download: The_Least_Dangerous_Branch_of_Facebook.mp3
Category:general -- posted at: 5:00am EDT