The Lawfare Podcast: Patreon Edition - The Lawfare Institute

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Chatter: Science Fiction and International Relations with Stephen Dyson Jul 27, 2023

Show notes

Creators of science fiction movies and television shows often build worlds with at least some attention to governance systems and international (or interplanetary) political interactions. Sometimes, they develop central plot points out of national security matters, even if they play out in entirely different galaxies or dimensions. So it's not surprising that political scientist and author Stephen Dyson has spent years looking closely at how the genre influences--and, in turn, is influenced by--international relations theory and practice.

David Priess hosted Stephen for a conversation about the definitions of science fiction, fantasy, and speculative fiction; teaching international politics in China; how science fiction helps us to understand international relations and how IR inform our viewing of science fiction; politics in the Star Trek, Battlestar Galactica and Star Wars universes; and much more.

Among the works mentioned in this episode:

The book Otherworldly Politics by Stephen Benedict Dyson
The books Imagining Politics, The Blair Identity and Leaders in Conflict by Stephen Benedict Dyson
The book Metamorphoses of Science Fiction by Darko Suvin
The YouTube channel UConnPopCast
The TV shows Star Trek (The Original Series), Star Trek: The Next Generation, Battlestar Galactica (2004-2009), Battlestar Galactica (1978-1979), and Game of Thrones
The movies Star Wars: Episode IV - A New Hope and Rogue One
The article "Images of International Politics in Chinese Science Fiction: Liu Cixin's Three-Body Problem," in New Political Science (2019), by Stephen Benedict Dyson
The book Children of Time by Adrian Tchaikovsky
The book Blood Meridian by Cormac McCarthy

Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Isabelle Kerby-McGowan and Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.

Hosted on Acast. See acast.com/privacy for more information.

Brazil’s Search for Accountability After Jan. 8 Jul 27, 2023

Show notes

Last month, Brazil’s highest electoral court found that former President Jair Bolsonaro had abused his political power in the 2022 elections because of his conduct in a meeting with foreign ambassadors in Brasília in July 2022. For this violation of the country’s election laws, the electoral court banned Bolsonaro from seeking public office until 2030.

Lawfare Managing Editor Tyler McBrien sat down with Emilio Peluso Neder Meyer, Professor of Constitutional Law at the Federal University of Minas Gerais, Brazil, and Thomas Bustamante, Professor of Legal Theory at the Federal University of Minas Gerais, Brazil, to discuss Brazil’s search for accountability and justice in the aftermath of the coup attempt on Jan. 8, why the electoral court’s ruling was not so much a legal innovation as a mere application of existing laws, and the significance of President Lula’s decision not to rely on the military in his government’s response. They also discussed what’s next for Bolsonarismo.

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The Judicial Revolution Is Here Jul 26, 2023

Show notes

The first phase of Israel's judicial overhaul is now law. Huge numbers of people are in the streets, reservists are resigning, the stock market is tanking, and Lawfare Editor-in-Chief Benjamin Wittes assembled an all-star panel to talk about it.

Natan Sachs is the Director of the Center for Middle East Policy and a Senior Fellow in the Foreign Policy Program at the Brookings Institution. Amichai Cohen teaches international law and national security law at the Ono Academic College in Israel. And Yuval Shany is the Hersch Lauterpacht Chair in International Law and former Dean of the Law Faculty of the Hebrew University of Jerusalem. Cohen and Shany are the authors of a string of in-depth articles about the Israeli judicial revolution and the protests they have engendered (see their Lawfare articles here, here, here, here, here, and here). The four of them talked about what the substance of this new law is, what's coming next, whether this is the end of the reform sequence or just the first slice of salami, and about the incredible reaction we have seen from Israeli civil society and from opposition parties.

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Can Trump Be Tried in Four Places at Once? Jul 25, 2023

Show notes

Former President Trump is facing criminal charges in Florida and New York, and indictments are reportedly likely in Fulton County, Georgia, and Washington, D.C. Two of these are in federal court; two of them are in state courts. Some have facts in common; some are seemingly unrelated. Trump is also involved in multiple civil litigations. And it looks like at least parts of these proceedings will be happening all at once. How does that work?

Lawfare Executive Editor Natalie Orpett sat down with Brandon Fox, a partner at the law firm Jenner & Block and former Chief of the Criminal Division in the Central District of California, to talk through how it may all play out. They talked about the challenges Special Counsel Jack Smith’s office and state prosecutors will face, how Trump’s lawyers will leverage those challenges, and what judges are likely to do in response.

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The Justice Department Appeals Oath Keepers Sentences Jul 24, 2023

Show notes

On July 12, the Justice Department appealed the sentences of seven Oath Keepers convicted for Jan. 6-related crimes. Five have been convicted of seditious conspiracy, and two others were convicted of conspiring to obstruct Congress. Lawfare Intern Gia Kokotakis sat down with Lawfare Senior Editor Roger Parloff, a former lawyer and expert on the Jan. 6 Oath Keepers prosecutions who directly observed the proceedings. They discussed who the defendants are, how their sentences were calculated, and the Justice Department's strategic motivations for filing the appeals.

Hosted on Acast. See acast.com/privacy for more information.

Rational Security: The “Five Dollar Footlong-Gate” Edition Jul 23, 2023

Show notes

This week on Rational Security, Alan, Quinta, and Scott got together to NOT talk about that ONE big story that's not quite ripe yet. (You know the one. It involves sandwiches.) But they did chat through some of the week's other big national security news, including:

“Against the Grain.” Russia backed out of the Turkey-facilitated Black Sea Grain Initiative this past week, which had allowed much needed Ukrainian grain to arrive in markets, largely in the developing world. Now not only is that avenue cut off, but Russian forces are attacking grain facilities in Odessa, threatening the global food supply. How does this brutal act fit into Russia’s global strategy? And how should the United States and its allies respond?
“It’s a War on War.” The culture war is now taking on actual war, as House Republicans have passed a National Defense Authorization Act (NDAA) laden with provisions that target Defense Department policies relating to abortion, DEI, and LGBTQ+ issues — measures that are certain not to make it through the Democrat-controlled Senate and may end up putting the annual bill at risk of not being passed at all. How big is the risk of such an impasse? What could it mean for U.S. national security?
“Coups are Like Pancakes.” Earlier this week, the New York Timespublished a report about how former officials in the Trump administration are declaring the first Trump administration a mulligan and outlining plans to dramatically expand presidential power and purge the executive branch if and when Trump returns to the White House for a second time. How seriously should we take these proposals? And what would they mean for democracy if implemented?

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Lawfare Archive: Is Trump Creating a Deep State? Jul 22, 2023

Show notes

From November 18, 2020: In the waning days of his administration, the president has attempted to install a political loyalist as General Counsel of the National Security Agency, a position that is traditionally a merits position, not a political position. He has also issued an executive order that gives the executive branch greater control over the civil service, making it easier to hire and fire people in agencies. It all raises the question: Is Donald Trump attempting to create the very deep state that he has spent the last four years denouncing? To talk over this question in its various permutations, Benjamin Wittes sat down with Susan Hennessey, who recently wrote an article about the NSA General Counsel appointment; Scott Anderson, Lawfare senior editor; and Rudy Mehrbani, senior advisor at Democracy Fund Voice, senior fellow at the Brennan Center for Justice, former assistant to the president and director of presidential personnel and former associate White House counsel in the Obama administration.

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Asaf Lubin on Cyber Espionage and International Law Jul 21, 2023

Show notes

On June 16, the U.S. State Department discovered unauthorized access to its Exchange Online email services and reported it to Microsoft. Almost a month later, on July 11, Microsoft disclosed the attack, and attributed it to a China-based threat actor, which they call Storm-0558. The intrusion granted the hackers access to email accounts at the Commerce and State Departments, including Commerce Secretary Gina Raimondo, among other targets. Although no classified information was compromised, the cyber espionage campaign comes at a time of tension between the U.S. and China.

To discuss the significance of the latest cyber espionage campaign, Lawfare’s Fellow in Technology Policy and Law, Eugenia Lostri, sat down with Asaf Lubin, Associate Professor of Law at Indiana University Maurer School of Law and a Visiting Professor at Columbia Law School. They talked about what different types of espionage campaigns tell us about tightening U.S.-China competition, how international law can address cyber espionage, and the options available for governments to respond to these type of incidents.

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Chatter: National Security Insights from Board Games with Volko Ruhnke Jul 20, 2023

Show notes

Gaming might seem far removed from national security, but Volko Ruhnke's experience proves otherwise. During his career as an intelligence analyst and manager, he designed and published many commercially successful historical board games that, in turn, informed his work. Additionally, he applied his skills in gaming to training intelligence officers.

David Priess hosted Volko for a deep dive about board games that included discussion of various game types, the value of in-person vs. virtual gaming, Volko's intelligence career, his many published games, the use of cards in gameplay, the importance of honoring historicity while avoiding forced recreation of exact historical timelines, similarities between game design and intelligence questions, the collaborative nature of historical boardgaming, why military wargaming matters, complexity in intelligence analysis, games ranging from political coalition management to Polynesian exploration and from the suffrage movement in the early 1900s to the manipulation of public perceptions about the functionality of Machu Picchu, and much more.

Among the works mentioned in this episode:

Volko Ruhnke's page at GMT Games

The Kevin McPartland-designed game Conquest of Paradise

The Alison Collins-designed game Wiñay Kawsay

Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Noam Osband and Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.

Hosted on Acast. See acast.com/privacy for more information.

Congress Investigates January 6 ... Again Jul 20, 2023

Show notes

Last month, the majority staff of the Senate Rules and Governmental Affairs Committee released a report entitled “Planned in Plain Sight: A Review of the Intelligence Failures in Advance of January 6th, 2021,” which explores one of the biggest remaining questions about that day: Why didn’t the government see this coming?

Molly Reynolds, Senior Fellow at Brookings and Senior Editor of Lawfare, sat down with Quinta Jurecic, Senior Editor of Lawfare and Fellow at Brookings, and Ryan Reilly, Justice Reporter at NBC News, to discuss the report’s findings, how it fits in with other investigations about the insurrection, and where we go from here. You can also find Molly and Quinta’s article on the report on Lawfare.

Hosted on Acast. See acast.com/privacy for more information.

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