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The Lawfare Podcast – The Lawfare Institute — Government
The Lawfare Podcast – The Lawfare Institute

The Lawfare Podcast features discussions with experts, policymakers, and opinion leaders at the nexus of national security, law, and policy. On issues from foreign policy, homeland security, intelligence, and cybersecurity to governance and law, we have doubled down on seriousness at a time when others are running away from it. Visit us at www.lawfaremedia.org.
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Copyright: © The Lawfare Institute

Latest Episodes:

Ralph Bunche, the United Nations, and the Fight to End Empire Dec 16, 2022

Show notes

Ralph Bunche, one of the most prominent Black Americans of the 20th century, was a legendary diplomat, who from his perch at the United Nations was a central player in the decolonization movement after World War II. To discuss Bunche and his accomplishments, Lawfare founding editor and Harvard Law professor Jack Goldsmith sat down with Kal Raustiala, the Promise Institute Distinguished Professor of Comparative and International Law at UCLA Law School, about his new book, “The Absolutely Indispensable Man: Ralph Bunche, the United Nations, and the Fight to End Empire.” They discussed the role played by Bunche and the United Nations in the decolonization movement, what made Bunche such a great diplomat, Bunche’s view of the relationship between empire and domestic racial segregation, and more.

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Rick Hasen and Nate Persily on Replatforming Trump on Social Media Dec 15, 2022

Show notes

On November 19, Twitter’s new owner Elon Musk announced that he would be reinstating former President Donald Trump’s account on the platform—though so far, Trump hasn’t taken Musk up on the offer, preferring instead to stay on his bespoke website Truth Social. Meanwhile, Meta’s Oversight Board has set a January 2023 deadline for the platform to decide whether or not to return Trump to Facebook following his suspension after the Jan. 6 insurrection. How should we think through the difficult question of how social media platforms should handle the presence of a political leader who delights in spreading falsehoods and ginning up violence?

Luckily for us, Stanford and UCLA recently held a conference on just that. On this episode of Arbiters of Truth, our series on the online information ecosystem, Lawfare senior editors Alan Rozenshtein and Quinta Jurecic sat down with the conference’s organizers, election law experts Rick Hasen and Nate Persily, to talk about whether Trump should be returned to social media. They debated the tangled issues of Trump’s deplatforming and replatforming … and discussed whether, and when, Trump will break the seal and start tweeting again.

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Riana Pfefferkorn on End-to-End Encryption for iPhone Backups to iCloud Dec 14, 2022

Show notes

Last week, Apple made an announcement about some new security features it would be offering to users. One of those features involves users' ability to opt in to encryption for iPhone backups to iCloud. While this new feature will enhance data privacy and security for those users who choose to opt in, it may create additional challenges for law enforcement to obtain evidence in criminal investigations.

To discuss the implications and potential impact of this new security feature, Lawfare senior editor Stephanie Pell sat down with Riana Pfefferkorn, research scholar at the Stanford Internet Observatory. They discussed the costs and benefits to users who may choose to opt in to this feature, how Apple's choice to offer this feature plays into a broader conflict known as the Crypto Wars, and how this feature relates to another part of Apple's announcement where it indicated that it would not be scanning all iPhones for child sexual abuse material before images were backed up to iCloud.

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“Corrupt Obstruction” Before the D.C. Circuit Dec 13, 2022

Show notes

On Monday, the D.C. Circuit heard oral argument in the case United States v Fischer—one of the most important cases we've seen in a while relating to criminal prosecutions for the Jan. 6 attack on the Capitol. The case is about a previously obscure statute, at least in this context, that criminalizes corrupt obstruction of an official proceeding, and it’s a charge that DOJ has brought against hundreds of Jan. 6 rioters. Lawfare legal fellow Saraphin Dhanani attended the argument, and Lawfare executive editor Natalie Orpett sat down with her to discuss what the parties argued, how the judges responded, and what might happen to the charge of corrupt obstruction of an official proceeding.

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A Member of Meta’s Oversight Board Discusses the Board’s New Decision Dec 12, 2022

Show notes

When Facebook whistleblower Frances Haugen shared a trove of internal company documents to the Wall Street Journal in 2021, some of the most dramatic revelations concerned the company’s use of a so-called “cross-check” system that, according to the Journal, essentially exempted certain high-profile users from the platform’s usual rules. After the Journal published its report, Facebook—which has since changed its name to Meta—asked the platform’s independent Oversight Board to weigh in on the program. And now, a year later, the Board has finally released its opinion.

On this episode of Arbiters of Truth, our series on the online information ecosystem, Lawfare senior editors Alan Rozenshtein and Quinta Jurecic sat down with Suzanne Nossel, a member of the Oversight Board and the CEO of PEN America. She talked us through the Board’s findings, its criticisms of cross-check, and its recommendations for Meta going forward.

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Rational Security 2.0: The “Dork at 4pm” Edition Dec 11, 2022

Show notes

This week on Rational Security 2.0, Alan, Quinta, and Scott were reunited after a few weeks apart to talk through the week's big national security news, including:

“In the Land of the Blind, the One-Eyed Man is Still Guilty of Seditious Conspiracy.” The jury in the Oath Keepers trial came back last week, convicting every defendant of at least one criminal offense—including the controversial charge of seditious conspiracy. What might this mean for other Jan. 6 investigations moving forward?
“Morality? Puh-leeze.” Weeks of protests in Iran finally seemed to bear fruit last week when a regime official signaled that the morality police may be disbanded and laws requiring that women wear hijabs be repealed. But other regime figures don’t seem on-board with that solution. Is this a sign that protests are succeeding? Where might they go from here?
“Les Fleurs du MAL.” The litigation that led Judge Aileen Cannon to appoint a special master to review evidence collected by the FBI from former President Trump’s Mar-a-Lago estate this past summer has finally culminated in its final form: an 11th Circuit ruling reversing Judge Cannon’s order and disbanding the process altogether. Where will the investigation go from here?

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Lawfare Archive: Identifying and Exploiting the Weaknesses of White Supremacist Groups Dec 10, 2022

Show notes

From April 14, 2021: A lot of people are expressing anxiety about white supremacist violent terrorism, yet in a new Brookings paper entitled "Identifying and Exploiting the Weaknesses of the White Supremacist Movement," Daniel Byman, Lawfare's foreign policy editor and a senior fellow at the Brookings Center for Middle East Policy, and Mark Pitcavage, a senior research fellow at the Center on Extremism at the Anti-Defamation League, say that while the threat is real, these movements have weaknesses that other terrorist groups do not. Benjamin Wittes sat down with Byman and Pitcavage to talk about these weaknesses, how white supremacist groups are vulnerable and how law enforcement in the United States can exploit them to reduce the threat.

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Alan Rozenshtein Says the Slope Isn’t That Slippery Dec 09, 2022

Show notes

The DC Circuit Court of Appeals on Wednesday heard oral arguments in the case of Blassingame v. Trump, an appeal from a civil lawsuit against the former president over Jan. 6. The question before the appeals court is: Does a president have immunity from lawsuit even when he's accused of stirring up a mob against a coordinate branch of government engaged in a function constitutionally entrusted to it? The judges seemed skeptical of the former president's argument, which was a bit of a surprise given the composition of the panel.

To chew it all over, Lawfare editor-in-chief Benjamin Wittes sat down with Lawfare senior editor and University of Minnesota Law School professor Alan Rozenshtein, who followed the oral arguments and live tweeted them. They talked about the case that gave rise to the arguments, how it played out at the lower court, and what the Supreme Court might do when it confronts this question down the road.

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Dissecting the Oral Arguments in Moore v. Harper Dec 08, 2022

Show notes

On Wednesday, the Supreme Court heard oral arguments in what may be the biggest case of the term: Moore v. Harper. In that case, North Carolina’s state legislature is arguing that the state Supreme Court lacks the legal authority to review the heavily gerrymandered congressional districts it has enacted, on the grounds that the Constitution's elections clause gives that authority exclusively to the state legislatures—an argument often referred to as the independent state legislature doctrine, which many fear may undermine state law election protections around the country if taken up by the Court.

To discuss, Lawfare senior editor Scott R. Anderson sat down on Twitter Spaces with Professor Ned Foley of The Ohio State University Moritz College of Law, and Professor Derek Muller of the University of Iowa College of Law. They discussed where the justices seem to be leaning, how they may resolve different aspects of the party's arguments, and what it all might mean for 2024.

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Regulating AI with Alex Engler Dec 07, 2022

Show notes

Earlier this fall, the Biden administration released what it called a “Blueprint for an AI Bill of Rights,” a policy document that lays out a five-pillar strategy for how the United States intends to wrestle with and regulate the challenges arising from the increasingly common use of artificial intelligence. In recent weeks, the European Union has been wrestling with its own AI regulation challenges and is now on the verge of releasing its own similar strategy.

Lawfare senior editor Scott R. Anderson sat down with Alex Engler, a fellow in Governance Studies at the Brookings Institution, who has been closely tracking these policies. They talked about the challenges AI poses to policymakers, the strategy the United States is set to pursue, and how it is both different from and similar to the EU’s approach.

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