The Lawfare Podcast

Dr. Mira Rapp-Hooper is the Stephen A. Schwarzman senior fellow for Asia studies at the Council on Foreign Relations and author of the new book, "Shields of the Republic: The Triumph and Peril of America's Alliances." Matthew Waxman spoke with Mira about the history and strategic importance of American alliances, some of the constitutional issues alliances raise and what the United States should do to revitalize its alliances going forward.

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

On this episode of Lawfare's Arbiters of Truth series on disinformation, Alina Polyakova and Quinta Jurecic spoke with Laura Rosenberger, the director of the Alliance for Securing Democracy and a senior fellow at The German Marshall Fund of the United States. When it comes to information operations, most Americans probably think of Russia as the primary culprit. After all, the memory of Russia’s interference in the 2016 presidential election is still fresh. But over the past year, Chinese information operations have gained prominence with the Chinese Communist Party involved in aggressive online campaigns regarding unrest in Hong Kong and the ongoing pandemic. They talked about how the Chinese government wields information online, how Chinese tactics are different from Russian tactics in the information space and how democracies should respond.

Direct download: Laura_Rosenberger_on_Chinese_Information_Operations.mp3
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Molly Reynolds spoke with Norm Ornstein of the American Enterprise Institute and John Fortier of the Bipartisan Policy Center about the Continuity of Government Commission, an effort they helped to lead beginning in 2002 to ensure that our three branches of government would be able to function after a catastrophic attack that killed or incapacitated large numbers of our legislators, executive branch officials or judges. They discussed the findings of the Commission, how they relate to the challenges facing the federal government today and how the various branches of government have or have not acted to ensure smooth operations during the COVID-19 pandemic.

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

The 2020 presidential election is less than five months away. As the election inches closer and closer, concerns have grown about the possibility that President Trump, should he lose the election, would refuse to recognize the legitimacy of the result. How can we think about that risk? Do we have adequate statutory and constitutional guardrails that protect us from electoral catastrophe? Jacob Schulz sat down with Lawrence Douglas, James J. Grosfeld Professor of Law, Jurisprudence and Social Thought at Amherst College, and author of the new book “Will He Go? Trump and the Looming Election Meltdown in 2020.” They talked about the vulnerabilities in our electoral system, historical examples of mishaps in presidential elections and how to think about the president’s continued hostility toward elections and, in particular, mail-in voting.

Direct download: Lawrence_Douglas_on_Presidential_Election_Concessions.mp3
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Patrick Skinner is a police officer in Savannah, Georgia, who brings diverse experience to that job. He served as a case officer at the Central Intelligence Agency, handling foreign intelligence sources in places like Afghanistan, Iraq and Jordan. He also has previous law enforcement experience with the U.S. Coast Guard, the U.S. Capitol Police and the U.S. Federal Air Marshal Service. David Priess spoke with Skinner about today's policing crisis, Pat's experiences with counterterrorism operations and what they taught him about effective law enforcement, and the hazards of the warrior mentality that is common across many police departments today.

Thanks to Mitchell Hamline School of Law.

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

ChinaTalk is the newest member of the Lawfare Podcast family, and its impresario, Jordan Schneider, does a wide range of interviews related to China's economy and security. In this episode, Jordan interviews Evan Osnos of The New Yorker about the anniversary of the Tiananmen Square massacre and the relationship between that date and the clearing of Lafayette Square. They talk about everything from the psychological similarities and differences between Donald Trump, Mao Zedong and Deng Xiaoping, to Chinese hip hop and why it is not catching on internationally.

Direct download: Evan_Osnos_on_Tiananmen_and_Lafayette.mp3
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On this episode of our Arbiters of Truth series on disinformation, Alina Polyakova and Quinta Jurecic spoke with Eileen Donahoe, the Executive Director of the Global Digital Policy Incubator at Stanford University. There’s no shortage of controversies roiling right now about free expression and the future of the internet—from platforms aggressively removing misinformation about the ongoing pandemic, to President Trump’s executive order targeting Section 230 of the Communications Decency Act. Eileen, Quinta and Alina take a step back and review the landscape of online speech as a whole, to get a more holistic sense of what things look like right now and where platforms and governments might be headed when it comes to regulating speech. They talked about the various debates over content moderation taking place within the United States and around the world, and Eileen made the case for why international human rights law should be used as the framework for both protecting and moderating online speech.

Direct download: Eileen_Donahoe_on_Protecting_Free_Expression_Online.mp3
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David Frum is one of the most prominent and eloquent conservative critics of the president. The former George W. Bush speechwriter and current writer for The Atlantic has written "Trumpocalypse: Restoring American Democracy," a book about the Trump presidency, and in this case, what comes after it. David joined Benjamin Wittes for a wide-ranging conversation of the ground he covers in the book: how you rebuild after Trump, how you satisfy elements of Trumpism without letting them descend back into authoritarian populism, what policies and approaches a new administration should take and how we should treat the "Trumpists" and their most diehard supporters.

Direct download: David_Frum_on_Trumpocalypse.mp3
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High profile congressional hearings, like the 2015 Benghazi hearings, the 2019 Mueller Report hearings and most recently, the Ukraine impeachment proceedings are often described in derogatory terms like "political theater," "spectacle" or "circus." But do these exaggerated performances on Capitol Hill actually serve a constitutional purpose? Margaret Taylor sat down with Josh Chafetz, a law professor and author of the book "Congress's Constitution: Legislative Authority and the Separation of Powers." They talked about his most recent article, in which he argues that congressional overspeech, like congressional oversight, is actually an important tool of constitutional politics, even if it doesn't automatically produce good outcomes.

Direct download: Congressional_Overspeech_with_Josh_Chafetz.mp3
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On May 27, the Trump administration announced that it was withdrawing sanctions waivers that had allowed Russian, Chinese and European companies to work with Iran on sensitive Iranian nuclear sites in support of the goals of the 2015 Iran nuclear agreement. Margaret Taylor talked about what it really means with two experts: Peter Harrell, an attorney and adjunct senior fellow at the Center for a New American Security, and Richard Nephew, senior research scholar at the Center on Global Energy Policy at Columbia University. They talked about what has happened since the Trump Administration decided to withdraw from the Iran nuclear agreement in 2018 and what difficulties a new presidential administration may encounter in re-joining the agreement.  

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