The Lawfare Podcast
Evelyn Douek and Quinta Jurecic spoke with Kate Starbird, who has had a long year researching online ecosystems around the pandemic and supposed voter fraud. And the Capitol riot on January 6 threw all this into sharp relief, as the things that Kate studies every day boiled over into mainstream consciousness with a vengeance. They spoke with Kate about what led up to the riot, what the disinformation landscape looks like now and what kind of work will be required to move forward.
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Private entities play a vital role in helping law enforcement fight child pornography online, but the involvement of private entities does not eliminate the 4th Amendment issues that come with electronic surveillance. Alan Rozenshtein spoke with Jeff Kosseff, an assistant professor at the United States Naval Academy's Cyber Science Department, about how the government and internet companies can fight digital child exploitation without running afoul of the Constitution.
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In the wake of the January 6 mob attack on the Capitol, some have called for the invocation of Section 3 of the 14th Amendment. Section 3 disqualifies anyone who has engaged in rebellion or insurrection against United States from public office. In particular, critics of President Trump have seized on this as a potential way of preventing him from running in 2024. Alan Rozenshtein spoke about Section 3 with professors Daniel Hemel and Gerard Magliocca.
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The NSA this week released a long-awaited update to its signals intelligence policy, which had not been updated since 1988. David Kris, former assistant attorney general for the National Security Division, shortly thereafter produced an even longer paper analyzing the dense and technical policy document. David joined Benjamin Wittes to talk about the significance of this new policy document, what it does and how it is different from the document it replaces.
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After a few very eventful weeks, Lawfare's Arbiters of Truth series on disinformation is back. Evelyn Douek and Quinta Jurecic spoke with Jonathan Zittrain, the George Bemis Professor of International Law at Harvard Law School, about the decision by Twitter, Facebook and a whole host of other platforms to ban President Trump in the wake of the Capitol riot. Jonathan, Evelyn and Quinta take a step back and situate what’s happening within the broader story of internet governance.
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Jack Goldsmith sat down with Brian Kalt to talk about late impeachments. In the current context, the issue of a late impeachment would arise if the House of Representatives impeaches President Trump before he leaves office but the Senate does not hold the trial for Trump, with possible conviction and disqualification from further office, until after he leaves office. They discussed how the Constitution informs this question, as well as what the practice of impeachments over 230 years teaches us.
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Donald Trump is headed for a second impeachment, a whole lot of people have been charged in federal and local courts in Washington, and an even larger number are probably about to be. What's more, the president's social media accounts have vanished; in fact, one of the very networks on which the president's supporters organized has itself disappeared. To talk through it all, Benjamin Wittes sat down with Lawfare's Alan Rozenshtein, Bryce Klehm, David Priess, Quinta Jurecic and Susan Hennessey.
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Jamie Gorelick was the deputy attorney general under President Bill Clinton and Attorney General Janet Reno. In that capacity, she hired as her top aide and adjutant one Merrick Garland. Benjamin Wittes sat down with Gorelick to talk about Garland's history at the department, his selection as attorney general and the team that will surround him.
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The storming of the Capitol on Wednesday was a catastrophic failure of protective law enforcement, as rioters overran Capitol Police barricades and gained access to a building that a lot of police were supposed to be protecting. How did it happen? Who screwed up? And what can be done about it? To talk through these questions, Benjamin Wittes sat down with Fred Burton, Garrett Graff and Susan Hennessey.
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Today a mob of Trump supporters stormed the Capitol following a rally at which the president spoke. Congressional efforts to count the electoral votes were suspended, and an armed standoff, in which at least one person was killed, ensued. To discuss the matter, Benjamin Wittes sat down with Quinta Jurecic, David Priess, Mary McCord and Daniel Byman.
info_outlineWhy has modern China prospered in spite of vast corruption? On this episode of ChinaTalk, Jordan Schneider talks with Yuen Yuen Ang, associate professor of political science at the University of Michigan, about her new book, "China's Gilded Age: The Paradox of Economic Boom and Vast Corruption." She draws comparisons between U.S. history and the China of today, arguing that access money in China functions like campaign finance in the States. They also discuss the implications of corruption for regime stability.