The Lawfare Podcast: Patreon Edition - The Lawfare Institute

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Timothy Frye on ‘Weak Strongman: The Limits of Power in Putin's Russia’ Nov 29, 2021

Show notes

Dominic Cruz Bustillos sat down with Timothy Frye, the Marshall D. Shulman Professor of Post-Soviet Foreign Policy within the Department of Political Science at Columbia University, editor of “Post-Soviet Affairs” and co-director of the International Center for the Study of Institutions and Development at the Higher School of Economics in Moscow. Professor Frye is the author of the new book, “Weak Strongman: The Limits of Power in Putin's Russia,” which draws on cutting-edge social science research to emphasize Russia's similarities to other autocracies and highlight the difficult trade-offs that confront the Kremlin. They discussed Frye’s challenges to the conventional wisdom on Putin's Russia, Russia's handling of the COVID-19 pandemic, the European energy crisis, the recent State Duma elections, U.S.-Russia relations and more.

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Lawfare Archive: HASC Hearing on Outside Perspectives on the AUMF Nov 28, 2021

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From February 28, 2015: On Thursday of this week, Lawfare’s Benjamin Wittes and Bobby Chesney, along with General Jack Keane, appeared before the House Armed Services Committee to provide “Outside Perspectives on the President’s Proposed Authorization for the Use of Military Force Against the Islamic State of Iraq and the Levant.”

The hearing grappled with a number of difficult and vitally necessary questions: What exactly does "enduring ground combat operations" mean? Should the AUMF sunset after three years? And, does a new AUMF accomplish anything if it is not tied to the existing authorities present in the 2001 AUMF? The discussion delved deeply into the President’s proposed AUMF, its merits and its flaws, and how those failings can be addressed.

Note: The podcast has been edited for length and content; only the most relevant parts of the discussion are included.

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Lawfare Archive: Adam Segal on ‘The Hacked World Order’ Nov 27, 2021

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From April 2, 2016: This week, Adam Segal of the Council on Foreign Relations joinsJack Goldsmith at a Hoover Book Soiree for a discussion of his new book, “The Hacked World Order: How Nations Fight, Trade, Maneuver, and Manipulate in the Digital Age.” Segal begins at what he calls “year Zero”—sometime between June 2012 and June 2013—explaining that the events in that year ushered in a new era of geopolitical maneuvering in cyberspace, with great implications for security, privacy and the international system. These changes, he suggests, have the potential to produce unintended and unimaginable problems for anyone with an internet connection.

In March, George Washington University's Henry Farrell reviewed “The Hacked World Order” for the Lawfare Book Review.

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The Soviet Perspective on the Nuremberg Trials Nov 26, 2021

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Last month marked the 75th anniversary of the end of the Nuremberg Trials. To better understand the trials and their legacy, Bryce Klehm sat down with Francine Hirsch, Vilas Distinguished Achievement Professor of History at the University of Wisconsin–Madison. Hirsch is the author of the book, “Soviet Judgment at Nuremberg: A New History of the International Military Tribunal after World War II.” They covered a range of topics, including the Nuremberg Trials from the Soviet perspective and the trials’ legacy 75 years later.

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Rational Security: The "Nothing To Be Thankful For" Edition Nov 25, 2021

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For Thanksgiving, we’re bringing you something a little different—an episode of Rational Security, our light, conversational show about national security and related topics. This week, Alan, Quinta and Scott were joined by special guest, Quinta's co-host of the Arbiters of Truth series on the Lawfare podcast feed Evelyn Douek! They sat down to discuss:

—“Getting Rittenhoused”: A jury recently acquitted 17-year-old Kyle Rittenhouse of murder charges for shooting two men in what he claimed was self-defense during last summer’s unrest. What does his trial and its aftermath tell us about the intersection of politics with our criminal justice system?

— “Now That’s a Power Serve”: A global pressure campaign by professional tennis players has forced Chinese officials to disclose the location of Chinese tennis player Peng Shuai, who disappeared after publicly accusing a former senior official of sexual assault. Is this a new model for dealing with Chinese human rights abuses?

— “Duck Say Quack and Fish Go Blub—But What Did Fox Say?”: Two prominent conservative commentators have resigned from Fox News over its release of a Tucker Carlson film that they say spreads misinformation and promotes violence. Will this be enough to force the network to curb its behavior?

For object lessons, Quinta endorsed her favorite pie dough recipe. Alan in turn made an unorthodox recommendation of what to put in that dough: sweet potato pie. Scott encouraged listeners to follow up that big meal with a cup of coffee, made on his beloved Aeropress with a Prismo filter attachment. And if that doesn't work, Evelyn suggested folks tuck in for a nap with her favorite weighted blanket from Bearaby.

Be sure to visit our show page at www.lawfareblog.com and to follow us on Twitter at @RatlSecurity.

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David Kaye on How We Address the Global Spyware Problem Nov 24, 2021

Show notes

On November 3, the Commerce Department added four foreign companies to what is often referred to as the “Entity List,” for engaging in activities that are contrary to the national security or foreign policy interests of the United States. One of those additions was the Israeli company NSO Group, which sells software—often called spyware—that once remotely installed on a phone can steal things like passwords, photos, communications and web searches. It can also activate cameras and microphones without the knowledge of the user. Companies placed on the Entity List are subject to U.S. government licensing and sanctions requirements. The NSO Group was added to the list based on evidence that it developed and supplied spyware to foreign governments that use these tools to target government officials, journalists, activists, academics and embassy workers.

To talk about the global spyware problem, Stephanie Pell sat down with David Kaye, a professor of law at the University of California, Irvine, and the former United Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression. In this former role, he produced a report that called for a moratorium on the sale and transfer of spyware. They discussed the nature of the global spyware problem, what might be done to address it and the important role both civil society groups and journalists have played in exposing it.

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Lincoln and the Broken Constitution Nov 23, 2021

Show notes

Jack Goldsmith sat down with Noah Feldman, the Felix Frankfurter Professor of Law at Harvard University, to discuss his new book,”The Broken Constitution: Lincoln, Slavery, and the Refounding of America.” They discussed the evolution of Lincoln's constitutional thought on slavery, compromise and war, from the time he was a young man through his most difficult of presidencies. Was Lincoln a great constitutional thinker? If so, why? They also discussed the moral standing of the Constitution at different times in American history, whether constitutional compromise is good or bad, and what these issues teach about current constitutional controversies.

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Mary Sarotte on ‘Not One Inch: America, Russia, and the Making of Post-Cold War Stalemate’ Nov 22, 2021

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Alexander Vindman sat down with Dr. Mary Sarotte, the author of the new book, “Not One Inch: America, Russia, and the Making of Post-Cold War Stalemate,” to discuss the 1990s and NATO expansion. They discussed how respective decisions by America, Russia and the European Union impacted NATO expansion and today’s geopolitical environment.

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Lawfare Archive: Avril Haines, Eric Rosenbach, and David Sanger on U.S. Offensive Cyber Operations Nov 21, 2021

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From May 28, 2019: From the Washington Post’s February report that U.S. Cyber Command took a Russian disinformation operation offline on the day of the 2018 midterms to fight election interference, to the Pentagon’s announcement last year that it would take more active measures to challenge adversaries in cyberspace, recent news about cyber operations suggests they are playing an increasingly important role in geopolitics. So how should the public understand how the United States deploys its cyber tools to achieve its goals?

To help answer that question, at the 2019 Verify Conference, the William and Flora Hewlett Foundation hosted a panel discussion featuring former CIA Deputy Director Avril Haines, former Pentagon chief of staff Eric Rosenbach, and New York Times national security correspondent David Sanger. They talked about how the U.S. projects power in cyberspace, the difficulties of developing norms to govern state behavior in that domain, and more.

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Lawfare Archive: The Future of Somalia Nov 20, 2021

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From August 9, 2014: Washington was abuzz this week as more than 50 African leaders were in town for the first U.S.-Africa Summit. On August 8, Hassan Sheikh Mohamud, the President of Somalia, spoke at Brookings on the future of his country. In his talk, President Mohamud addresses the challenges to democracy that Somalia faces, and how Somalia, the African Union, and other international partners can work together to ensure security, foster development, and promote stable state-building in the country. President Mohamud also addresses the challenges his state faces in its ongoing battle against Al-Shabab militants—a mission that the U.S. has contributed more than half a billion dollars to since 2007. President Mohamud provides a realistic assessment of that threat, while highlighting the efforts his country is taking to bring democracy to Somalia. Michael E. O’Hanlon, Senior Fellow in Foreign Policy at Brookings, provides introductory remarks and moderates the conversation.

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