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Fossil Fuel Flops at COP28 Dec 15, 2023

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According to the resolution signed at the end of the 28th meeting of the Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC), or COP28 for short, fossil fuels have finally been sentenced to a slow and painful death. This year’s global climate summit, held in the United Arab Emirates, ended with an overtime session that resulted with the nations agreeing to transition away from fossil fuels for the first time in COP history. But what does this really mean, and is the language as strong as it could have been? Lawfare Associate Editor Hyemin Han talked to Director of the Center for Climate and Security and Lawfare Contributing Editor Erin Sikorsky about the final deal language, what else happened at COP28, and the geopolitical implications of the clean energy transition.

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Chatter: The Ghost Army of World War II with Journalist Rick Beyer Dec 14, 2023

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In the summer of 1944, a group of artists, visual designers and sound engineers--all of them GIs--began a series of secret operations in occupied France. Their mission: to deceive German forces about the location and size of U.S. military units, using a combination of inflatable vehicles, sound recordings, and “actors” posing as officers.

The ranks of the “Ghost Army” included future stars of the worlds of art and design, including Ellsworth Kelly, Bill Blass, Arthur Singer, Victor Dowd, Art Kane, and Jack Masey. Journalist Rick Beyer has chronicled their ingenious exploits in a book and a documentary.

December marks the 80th anniversary of the order that created the unit, which remained secret for decades. Shane Harris talked with Beyer about its creation, its success, and the ghost army’s role in the storied history of intelligence deceptions.

Among the works mentioned in this episode:

The Ghost Army book

https://www.chroniclebooks.com/products/ghost-army-of-world-war-ii

The Ghost Army documentary

https://shop.pbs.org/WC3752.html

The Ghost Army Legacy Project

https://ghostarmy.org/

Smithsonian magazine feature

https://www.smithsonianmag.com/history/how-the-ghost-army-of-wwii-used-art-to-deceive-the-nazis-180980336/

The National WWII Museum

https://www.nationalww2museum.org/visit/exhibits/traveling-exhibits/ghost-army-combat-con-artists-world-war-ii

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A New United Nations Special Rapporteur on Human Rights and Counterterrorism Dec 14, 2023

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Ben Saul is the Challis Professor of International Law at the University of Sydney, Australia, whose internationally recognized work has focused specifically on the intersection of human rights, terrorism, and international law. The United Nations Human Rights Council voted to appoint Saul as the newest Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, which has become one of the most visible and urgent special rapporteur mandates at the Human Rights Council. He began his three-year tenure, which can be extended to six years, on November 1, 2023. Lawfare Associate Editor Hyemin Han sat down with Saul for an interview about his priorities for his tenure, the intellectual frameworks and perspectives he brings to his role, and to get his perspective as Special Rapporteur on the ongoing Israel-Hamas war.

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Argentina’s New President: An Anarcho-capitalist in the Pink House Dec 13, 2023

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You may have heard of Javier Milei, Argentina’s new president, thanks to some of his eccentricities, like his five cloned dogs or his reliance on a chainsaw prop to illustrate the need to cut public expenditure. But Milei was able to harness the dissatisfaction with a system that has left the country with 150% inflation and over 40% of the population under the line of poverty. Now, the self described anarcho-capitalist libertarian will attempt to turn the economy around with shocking fiscal adjustment.

To discuss this inflection point in Argentina, Lawfare’s Fellow in Technology Policy and Law Eugenia Lostri spoke with Ana Iparraguirre, a partner at consulting firm GBAO and a frequent commentator on leading Latin American media outlets. They talked about Milei’s rise to power, if and how he can deliver on his campaign promises, and what that would even mean for the Argentinian people.

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Preston Marquis, Molly Reynolds, and Benjamin Wittes on the Two House FISA Sec. 702 Bills Dec 12, 2023

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FISA Section 702 is set to expire on Dec. 31, 2023. Last week, two bills were marked up by two different House committees—one in the House Judiciary Committee and one in the House Permanent Select Committee on Intelligence. To talk about these very different approaches to FISA Section 702 reauthorization and reform, Lawfare Senior Editor Stephanie Pell sat down with Preston Marquis, a JD candidate at Harvard Law School and a former analyst at the Central Intelligence Agency; Molly Reynolds, Senior Editor at Lawfare; and Benjamin Wittes, Lawfare’s Editor-in-Chief. They discussed some of the key differences between these bills, the abnormal politics surrounding this reauthorization process, and an unusual floor procedure called Queen of the Hill that may be used for consideration of both of these bills.

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The Complicated Politics of Ukraine Aid Dec 11, 2023

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The Senate last week failed to move forward the national security supplemental, which includes a large package of aid for Ukraine. The holdup? Migration at the southern border and Republican insistence that the administration and Democrats will have to swallow major policy changes in order to get the Ukraine aid through. Meanwhile, the mood in Kyiv is a little down. The counteroffensive did not go as planned, the U.S. aid situation and the European commitment to Ukraine is alarming, and domestic politics are returning after a hiatus during the first couple years of the war.

To chew over the state of Ukraine and its support from the United States, Lawfare Editor-in-Chief Benjamin Wittes sat down with Eric Ciaramella of the Carnegie Endowment for International Peace, a former CIA Ukraine analyst, and Molly Reynolds, Lawfare Senior Editor and Congressional Guru. They talked about the state of the Ukraine aid package in Congress, about whether a deal on the border is possible, about whether such a deal could pass the House, and about Ciaramella's recent trip to Kyiv and the mood there as Congress dithers.

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Rational Security: The “Based in Eunuchs” Edition Dec 10, 2023

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This week on Rational Security, co-hosts Quinta and Scott were joined by co-host emeritus Benjamin Wittes to talk over the week’s big national security news, including:

“Stalled and Appalled.” Ukraine’s counteroffensive to try and reclaim Russia-held parts of eastern Ukraine appears to have stalled, triggering a degree of finger-pointing on both sides of the Atlantic—just as U.S. and European support for their military campaign appears to be waning. What does this mean for the next stage of this conflict?
“Parting the Red Sea.” Since the start of the war in Gaza, U.S. and allied diplomatic and military presences have come under attack by Iran-backed proxies throughout the Middle East. Now the Iran-backed Houthi faction in Yemen is targeting commercial shipping in the Red Sea with purported Israeli ties. What’s motivating these actions? And how do they change the regional security picture?
“One Day Soon, I’m Gonna Tell My Goons, About the Blassingame.” Former President Donald Trump suffered two big legal losses in cases relating to Jan. 6 this past week, as both the D.C. Circuit in the civil suit against him and the trial court in his criminal prosecution held that he was not immune for prosecution by virtue of being the president. What will these decisions mean moving forward on the civil and criminal fronts?

For object lessons, Quinta shared an amazing development in the Menendez case. Scott pulled a musical hat-trick and endorsed the newish venue The Atlantis, the phenomenal Lydia Loveless (who he just saw there), and (since it is December) Ingrid Michaelson’s holiday album Songs for the Season—and specifically the sob-inducingly melancholy song, “Happy, Happy Christmas.” And Ben plugged the Romanian Madrigal Choir show he attended at the National Cathedral while also logrolling for the new (non-Lawfare) podcast feature he rolled out on his substack Dog Shirt Daily and related podcast “Read with Me,” which features readings of major filings and opinions in the Trump trials.

Also, we are beginning preparations for our end-of-year listener-submitted episode! If you have a topic you want us to cover, a question you want us to answer, or an object lesson you want to share, send it along to us at rationalsecurity@lawfaremedia.org no later than December 18!

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Trump’s Trials and Tribulations: A Fulton County Hearing, Filings in D.C., and 14th Amendment Updates Dec 09, 2023

Show notes

It's another edition of “Trump’s Trials and Tribulations,” recorded on Thursday before a live audience of Lawfare Material Supporters. Lawfare Senior Editor Scott R. Anderson sat down with Lawfare Editor-in-Chief Benjamin Wittes, Senior Editor Roger Parloff, and Legal Fellow Anna Bower to discuss a range of matters, from Judge Chutkan’s denial of Trump's motions to dismiss his D.C. criminal case, to Trump's filing seeking to stay the D.C. case in its entirety, the lack of movement in the D.C. Circuit from its gag order, and where the various 14th Amendment Section 3 suits seeking to ban Trump from the 2024 ballot stand around the country. They also dug into updates from Fulton County and talked about what happened in particular at the six-hour hearing on Dec. 1 that has gotten surprisingly little attention.

This is a live conversation that happens online every Thursday at 4:00pm Eastern Time. If you would like to come join and ask a question, be sure to visit Lawfare’s Patreon account and become a Material Supporter.

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Lawfare Archive: Matt and Ken Speak at Hoover on Autonomous Weapons Dec 09, 2023

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From November 6, 2013: On October 25, 2013, the Hoover Institution held a day-long media colloquium out at Stanford University for a first-rate group of journalists focused on national security legal issues and the work of Hoover’s Jean Perkins Task Force on National Security and Law. The first session of the day, Ben’s talk on Speaking the Law, ran as episode of the podcast on Sunday. The second session, the subject of this episode, was a talk by Matt and Ken about autonomous weapons and the calls for a preemptive ban in international law on so-called "killer robots." The session has been edited both for length and because not all of the journalists consented to having their remarks made public.

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Graham Allison on Henry Kissinger Dec 08, 2023

Show notes

Last week, former Secretary of State and National Security Adviser Henry Kissinger passed away. To assess his legacy, Jack Goldsmith sat down with Graham Allison, the Douglas Dillon Professor of Government at Harvard University.

Allison knew Kissinger well. He first met Kissinger in 1965 when he was a student in Kissinger's class at Harvard. And Allison worked with Kissinger for decades, right up until the end of Kissinger's life, when he and Kissinger coauthored an essay published in October on arms control for artificial intelligence, perhaps Kissinger's last essay.

Allison and Goldsmith discussed Kissinger's accomplishments as a statesman, his cast of mind and long intellectual productivity, his engagement with history as a guide to international diplomacy, and his particular brand of realism. They also discussed Kissinger's failures and mistakes and what Kissinger was most worried about at the end of his life.

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