This week, the UN ad hoc committee tasked with elaborating a cybercrime convention is meeting in New York. Delegates will be involved in in-depth negotiations of the draft convention, ahead of the concluding session in January 2024. The cybercrime convention is only one of many initiatives in the growing field of cyber diplomacy. Looming over this work is a big question: Is there enough common ground to pave the path for consensus? Lawfare ’s Fellow in Technology Policy and Law Eugenia Lostri sa...
Aug 24, 2023•52 min
In May 1984, former U.S. Marine, engineer, and early Silicon Valley entrepreneur James Harper was sentenced to life in prison for his central role in an audacious scheme to sell a bevy of classified documents relating to U.S. missile defense to the Soviet bloc and its allies. Four decades later, his story was almost forgotten, until it was rediscovered and investigated by national security reporter Zach Dorfman with help from some of the men who helped catch Harper—and the spy himself. Now, with...
Aug 23, 2023•1 hr 2 min
In 2003, President Bush created the President’s Emergency Plan for AIDS Relief, or PEPFAR, and in the twenty years since, the program has been credited with saving over 25 million lives and stabilizing health systems around the world. On Sept. 30, 2023, the program will expire if Congress doesn’t act, putting millions of people at risk of losing access to HIV/AIDS treatment. Lawfare Associate Editor of Communications Anna Hickey sat down with Emily Bass, a writer and activist who has spent more ...
Aug 22, 2023•40 min
It’s only been a few weeks since Special Counsel Jack Smith indicted Donald Trump. But both he and his lawyers have already been previewing their case in defense: that he was protected by the First Amendment, that he relied on the advice of counsel, and—the glue holding it all together—he really believed what he was saying. We recently published two articles on the subject. The first , by Lawfare Editor-in-Chief Benjamin Wittes and Legal Fellow Saraphin Dhanani, assesses Trump’s likely defenses....
Aug 21, 2023•46 min
This week on Rational Security, Alan, Quinta, and Scott were joined by Fulton County correspondent Anna Bower to talk through the week’s big news down south, including: “Waiting on a Midnight Complaint in Georgia.” Late on Monday night, Fulton County District Attorney Fani Willis finally indicted Donald Trump alongside eighteen co-conspirators for attempting to interfere with the state of Georgia’s 2020 election results. What does this fourth criminal indictment mean for the universe of legal ca...
Aug 20, 2023•1 hr 8 min
From May 16, 2022: In order to tell you this story, we need to start at the beginning, just before the U.S. invasion. After 9/11, the CIA set their sights on al-Qaeda’s base in Afghanistan. After a military invasion that fall, people up and down the chain of command learned that in order to fight this war the US needed local partners to help. Support this show http://supporter.acast.com/lawfare . Hosted on Acast. See acast.com/privacy for more information....
Aug 19, 2023•35 min
Listeners of this podcast are probably familiar with Molly Reynolds’s work on Congress. She’s a Senior Fellow at Brookings and a Senior Editor at Lawfare —and she has a new report out at Brookings, with Naomi Maehr, on “ How partisan and policy dynamics shape congressional oversight in the post-Trump era .” Molly and her team have collected an enormous amount of data over the years about how Congress conducts oversight, and the report is a thought-provoking overview of what the legislature got u...
Aug 18, 2023•46 min
Dr. Calder Walton, assistant director of the Applied History Project and Intelligence Project at Harvard University's Belfer Center for Science and International Affairs, has become one of the world's most highly respected intelligence historians. His most recent book, Spies: The Epic Intelligence War Between East and West , describes the long history of Russian spying--placing it into the wider context of the hundred-year espionage war between the East and West. And this gives him a remarkable ...
Aug 17, 2023•1 hr 36 min
Lawfare Fulton County Correspondent Anna Bower is the author of the Lawfare article entitled, “ What the Heck Happened in Coffee County, Georgia? ” It is a detailed look back at the computer intrusion that shows up rather prominently in Fulton County District Attorney Fani Willis’s election interference indictment. Anna joined Lawfare Editor-in-Chief Benjamin Wittes to talk it through. How did all of this information—depositions, court filings, etc.—fall into her lap and reveal this incredible y...
Aug 17, 2023•58 min
On July 18, Michigan Attorney General Dana Nessel unveiled criminal charges against 16 people—the “fake electors” from that state who featured in Trump’s effort to hold onto power in 2020. Just a few weeks later, a special counsel in Michigan announced additional charges related to the 2020 election, this time against three people who allegedly accessed voting machines in the state without authorization. So if you’ve been tracking developments when it comes to accountability for misconduct surro...
Aug 16, 2023•43 min
On Monday, August 14th, former President Donald Trump was indicted by a grand jury in Fulton County for his alleged attempts to manipulate the electoral vote count in the state of Georgia during the 2020 presidential election. For this emergency edition of the podcast, Lawfare Editor-in-Chief Benjamin Wittes sat down on Lawfare Live with Legal Fellow Anna Bower and Senior Editors Quinta Jurecic and Scott Anderson to unpack it all. Support this show http://supporter.acast.com/lawfare . Hosted on ...
Aug 15, 2023•1 hr 10 min
The district attorney for Fulton Co., Georgia, issued a fourth criminal indictment of former President Donald Trump late last night, for crimes relating to efforts to manipulate the 2020 election results. Lawfare will be hosting a live online discussion of the indictment and what it means. Check our website, lawfaremedia.org , for details and links to watch. Become a Material Supporter of Lawfare to join the conversation live and ask us your questions.The audio from that session will be released...
Aug 15, 2023•47 sec
On Aug. 6 former President Donald Trump announced on social media that he would “immediately” seek a “venue change ... out [of] D.C.” of his recent four-count federal indictment in Washington, D.C., for allegedly conspiring to overturn the results of the 2020 presidential election. He cited the city’s overwhelmingly majority liberal political demographics as a reason for transferring the trial’s venue, and called the city “a filthy and crime ridden embarrassment to our nation.” Is Trump likely t...
Aug 14, 2023•36 min
This week, Alan, Quinta, and Scott beat back the heat to dig into the week's big national security news stories, including: “ECOWAShed?” We are now several weeks into a coup in Niger, a country once seen as one of the more reliable Western partners in the Sahel region and home to French and U.S. troops who have been helping the Nigerien military combat a local Islamist insurgency. Even as the Nigeria-led Economic Community of West African States, or ECOWAS, has threatened sanctions and intervent...
Aug 13, 2023•1 hr 22 min
From June 16, 2020: 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, Jurispru...
Aug 12, 2023•41 min
Former President Trump has been arguing for some time now that the criminal charges he’s facing in New York, Florida, and D.C. are politically motivated. At a campaign event in New Hampshire a few days ago, he also complained that the cases are forcing him “to spend time and money away from the campaign trail.” The cases haven’t even gotten to trial yet, but two of them are scheduled to take place during campaign season. Which raises the question: does Trump have to actually attend all of these ...
Aug 11, 2023•41 min
Katie Benner is a features writer for the New York Times, who covered the Justice Department for a number of years beginning in 2017. In a wide-ranging conversation, she sat down with Lawfare editor-in-chief to talk about the challenges of walking into the Justice Department beat during the Trump administration and covering the post-election uprising within the department. She also gave a textured assessment of the department’s criminal investigation of Trump and other Jan. 6 defendants. And she...
Aug 10, 2023•1 hr 8 min
The Task Force for a Trustworthy Future Web was put together by the Atlantic Council for a sprint study of the future of trust and safety in the ever-evolving internet. It issued its report, “ Scaling Trust on the Web ,” at the end of June. Lawfare Editor-in-Chief Benjamin Wittes sat down with two members of the task force to talk all about it. Rose Jackson is the Director of the Democracy in Tech Initiative at the Atlantic Council, and Camille François is the Global Director of Trust and Safety...
Aug 10, 2023•51 min
The increasingly pervasive use and abuse of spyware by governments around the world has led to calls for regulation and even outright bans. How should these technologies be controlled? Asaf Lubin, an Associate Professor of Law at Indiana University's Maurer School of Law, thinks that the best path forward is an international agreement that would regulate, but not outlaw, these important national security and crime-fighting tools. He's just published a paper for Laware 's ongoing Digital Social C...
Aug 09, 2023•47 min
Just weeks ago, the U.S. Court of Appeals for the D.C. Circuit upheld the life sentence of a Yemini national serving out his time at the Guantanamo Bay detention center. He had appealed this life sentence, in part on the grounds that his conviction was based on evidence obtained by torture. Meanwhile, at the Guantanamo military commissions, another detainee tried to appeal charges against him on the basis that torture-obtained evidence was used in his referral for trial by the military commissio...
Aug 08, 2023•48 min
In the last year, the ADL and GLAAD tracked at least 356 incidents of anti-LGBTQ+ hate and extremism in the U.S. This marks an alarming rise over the past two years of anti-LGBTQ+ sentiment and violence. 49% of all incidents were perpetrated by individuals associated with extremist groups. This seems to point toward a much larger recent focus on the LGBTQ+ community by far-right extremists. Lawfare Intern Gia Kokotakis sat down with Meghan Conroy, a Research Fellow at the Atlantic Council's Digi...
Aug 07, 2023•58 min
This week on Rational Security , Alan, Quinta, and Scott were joined by co-host emeritus Benjamin Wittes to talk through the week's YUGE national security news, including: “So THAT’s What the Insurrection Act is For.” Former President Trump has been indicted for conspiring to overthrow the results of the 2020 election, including through the insurrection on Jan. 6. And while they haven’t been charged, the indictment names six co-conspirators who were allegedly willing to go to the mat—including f...
Aug 06, 2023•1 hr 19 min
With the indictment and arraignment of former President Donald Trump this past week, Jan. 6 and its aftermath are very much on people's minds. So for today's Lawfare Podcast archive episode, we're bringing you the first episode of our narrative podcast series on precisely that topic. It's called The Aftermath . In this first episode, we looked at the events of Jan. 6 itself and all of the questions about accountability that followed. We recorded this first episode in 2021, long before we knew th...
Aug 05, 2023•54 min
On July 27, the Justice Department announced a sprawling civil rights investigation , also known as a pattern or practice investigation, into the City of Memphis and the Memphis Police Department. The announcement came just weeks after the department’s Civil Rights Division released a report of a similar investigation into abuses at the Minneapolis Police Department. Both investigations were motivated, at least in part, by the murder of black men at the hands of police—Tyre Nichols in Memphis an...
Aug 04, 2023•47 min
In June 2017, FBI agents arrived at the home of Reality Winner, a translator working for the NSA, to question her about an unauthorized leak of classified information concerning Russian interference in U.S. elections. Six years later, Tina Satter’s new film, “Reality,” tells the story of that fateful day, which led to Winner’s imprisonment. Satter’s screenplay relies almost entirely on a verbatim transcript of Winner’s conversations with the FBI agents. The dialogue is by turns quotidian and sus...
Aug 03, 2023•57 min
Over the past eighteen months, Ukraine has served as the stage for a proxy battle between superpowers, with the invading Russians on one side and a U.S.-led coalition of Western allies backing Ukraine on the other. As such, it’s the closest thing we’ve yet seen to what many military strategists believe will be the defining challenge of the next strategic era: a near-peer conflict between two or more technologically sophisticated major powers. In this way, the conflict has served as a canary in t...
Aug 03, 2023•59 min
On Tuesday, a D.C. grand jury voted to indict Donald Trump for a range of crimes that all involve the attempt to prevent the peaceful transfer of power following the 2020 presidential election. For this emergency edition of the podcast, Lawfare Editor-in-Chief Benjamin Wittes sat down on Lawfare Live with Senior Editors Scott R. Anderson, Roger Parloff, and Quinta Jurecic; Executive Editor Natalie Orpett; and Legal Fellow Anna Bower to unpack it all. Support this show http://supporter.acast.com/...
Aug 02, 2023•1 hr 11 min
In last month’s landmark settlement, the City of New York agreed to pay over $13 million to a group of 1,380 protestors who “were arrested and/or subjected to force by N.Y.P.D. officers” in Manhattan and Brooklyn in the summer of 2020. The proposed settlement marks “the largest total payout to protesters in a class-action suit in the United States,” according to Akela Lacy at The Intercept . The plaintiffs won the case, at least in part, thanks to the work of SITU Research , a group that conduct...
Aug 01, 2023•42 min
This past week, the House Oversight Subcommittee on National Security, the Border, and Foreign Affairs held a spirited hearing on an unusual topic: Unidentified Aerial Phenomena, or UAPs, the more correct term for what are commonly called UFOs, or Unidentified Flying Objects. The witnesses included two military veterans who claimed to have borne eyewitness to UAPs, and an intelligence community whistleblower who claims to have heard secondhand from contacts about a range of government activity r...
Jul 31, 2023•1 hr 2 min
This week on Rational Security , Alan, Quinta, and Scott were joined by the long absent Lawfare Executive Editor Natalie Orpett to talk through the week’s big national security news stories, including: “Next Fear in Jerusalem.” This week, Israel’s Knesset voted to abolish the “reasonableness doctrine” that had allowed its courts to review administrative decisions by the executive branch—a revolutionary move that triggered unprecedented protest around the country and a wave of resignations throug...
Jul 30, 2023•1 hr 15 min
