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  • For today's episode, Lawfare Editor-in-Chief Benjamin Wittes speaks with Katsiaryna Shmatsina, a Belarusian political analyst and think tanker currently on trial for allegedly plotting to overthrow the government. Shmatsina discusses the charges against her, the trial process, and the broader political situation in Belarus. She delves into the history of the Lukashenko regime, its ties with Russia, and the repression of opposition voices. The conversation also covers the 2020 election and the subsequent crackdown on protests. Shmatsina shares her personal experiences with political repression in Belarus, her decision to flee the country, and her life under constant surveillance and fear of being targeted by the authorities. She explains her journey to seek asylum in the United States and her ongoing work in the think tank community.


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  • On June 10, the jury reached a verdict in the federal trial against Chiquita Banana. It found that the company had financed a paramilitary group in Colombia in the late 1990s and early 2000s, resulting in the deaths of eight men, and it awarded the victims' families $38 million in damages. It's the culmination of a 17-year-long multi-district litigation that had faced significant procedural, evidentiary, and legal challenges. And it may represent a new frontier in the fight to hold corporations legally accountable  for human rights violations.

    Executive Editor Natalie Orpett discussed the case and its implications with Michael Posner, Director of the Center for Business and Human Rights at New York University’s Stern School of Business and a former Assistant Secretary of State for the Bureau of Democracy, Human Rights and Labor.

    To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.

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  • Libertarianism doesn’t fit easily on the traditional left-right spectrum of American politics. The philosophy upholds personal liberty as a core value. What does it have to say about matters of foreign policy and national security, which encompass ideas about self-defense but also protection of the state? 


    Katherine Mangu-Ward sat down with Shane Harris to discuss the libertarian view on war and diplomacy, how it approaches the question of nation-state conflicts, and the differences between libertarianism and the Libertarian Party. Mangu-Ward is the editor-in-chief of Reason magazine, the leading publication on libertarian thought and ideas. She started her journalism career in 2000 as an intern at Reason and later worked at The Weekly Standard and The New York Times. Her writing has also appeared in The Wall Street Journal, The New York Times, and many other publications.  


    Political philosophers, publications, and novel state concepts discussed in this episode include: 


    Ayn Rand https://aynrand.org/ 


    Fusionism https://reason.com/2021/02/10/is-there-a-future-for-fusionism/ 


    Friedrich Hayek https://plato.stanford.edu/entries/friedrich-hayek/ 


    The Yale Free Press 


    Students for a Democratic Society https://www.pbs.org/opb/thesixties/topics/politics/newsmakers_1.html 


    Prospera https://www.prospera.co/ 


    Read and listen to more of Mangu-Ward’s work: 


    https://reason.com/people/katherine-mangu-ward/ 


    https://reason.com/podcasts/the-reason-roundtable/ 


    https://twitter.com/kmanguward?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor 


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

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  • Larry Lessig, Roy L. Furman Professor of Law and Leadership at the Harvard Law School, joins Kevin Frazier, a Tarbell Fellow at Lawfare, to discuss the open letter published by 13 current or former AI lab employees calling for a Right to Warn of AI dangers. This conversation dives into Lessig's representation of some of those employees as they push for a Right to Warn of AI dangers, the potential scope of that right, and the need for such a right in the first place. All signs suggest this won't be the last deep dive into the dangers posed by AI and the responsibility of AI labs and employees to prevent those dangers.

    To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.

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  • Just months after many of the mandates in the European Union's Digital Markets Act (DMA) have gone into effect, interoperability and data portability are fresh on the policy world’s mind. But what does the history of interoperability suggest about its ability to help the Internet regain its former openness?

    Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare, spoke with Alexander Rigby, a law clerk on Delaware Court of Chancery, and Chinmayi Sharma, Associate Professor at Fordham Law School. They've just published a new white paper in Lawfare's ongoing Digital Social Contract paper series arguing that open banking is a useful case study in the promise and pitfalls of interoperability.

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  • This episode of “Trump's Trials and Tribulations,” was recorded on June 21 in front of a live audience on YouTube and Zoom.


    Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Legal Correspondent and Legal Fellow Anna Bower, University of Texas law professor Lee Kovarsky, and Georgetown Law professor Martin Lederman about the Friday hearing on the legality of Special Counsel Jack Smith’s appointment in the classified documents case, the appellate issues at hand in Trump’s NYC case, the latest filings in Fulton County, and more. And of course, they took audience questions from Lawfare Material Supporters on Zoom.

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  • From August 17, 2020: In a surprise announcement last week, the United Arab Emirates and Israel are normalizing relations, and Israel is putting on hold its plans for annexation of West Bank territory. To discuss the announcement and its diverse implications for various actors, Benjamin Wittes spoke with Lawfare senior editor Scott Anderson; Suzanne Maloney, an Iran specialist who is acting head of the Foreign Policy Program at Brookings; Natan Sachs, the director of the Brookings Center for Middle East Policy; and Hady Amr, a non-resident senior fellow at Brookings who served as the United States deputy special envoy for Israeli-Palestinian negotiations. They talked about what the deal covers; its implications for the domestic politics of Israel, Iran and the United States; how it might affect the larger regional dynamics and what it means for the Palestinians.

    To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.

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  • For today's episode, Lawfare Editor-in-Chief Benjamin Wittes sat down to discuss the various Ukraine-related agreements that came out of the G7 and subsequent Ukraine peace summit last week, with Contributing Editor and Carnegie Endowment for International Peace Senior Fellow Eric Ciaramella, Ukrainian journalist Anastasiia Lapatina, and Lawfare Senior Editor and Brookings Institution Fellow Scott R. Anderson.

    They discussed the joint communique that came out of the Ukraine peace summit (and those who didn't join it), the new U.S.-Ukraine security agreement, the G7's new funding mechanism for Ukraine assistance, and what it all means for the state of the fight against Russia.

    To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.

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  • This week, Quinta and Scott were joined by Lawfare Contributing Editor and Senior Fellow at the Carnegie Endowment for International Peace Eric Ciaramella to talk over the week’s big national security news, including:

    “Prime Deliverables, in Two Days or Less.” The Biden administration and its European allies coughed up a number of big wins for Ukraine at a meeting of the G7 and subsequent Ukraine peace summit this past week, ranging from a new U.S.-Ukraine security agreement to a commitment to provide $50 billion in assistance derived from frozen Russian assets. But are these measures game-changers—especially with political changes in both Europe and the United States on the horizon?“Trying to F Us.” Policy advisors to former President Trump reportedly have some big plans for government employees if he is elected to a second stint in the White House—including the return of Schedule F, an reorganization of the civil service that would have gutted job protections and made it easier to replace civil servants with partisan loyalists. How big a problem are these plans? And how feasible are they really?“Revenge of the Nerds.” A little known intelligence agency within the State Department—the Bureau of Intelligence and Research, or INR—has gotten some great press of late, celebrating several notable analytic victories it’s secured, often in dissent from the rest of the intelligence community. Is there some secret to INR’s success? Or is it overblown?

    For object lessons, Quinta shared more important NJ political corruption news. Scott awarded his song of the summer to “Right Back to It,” the single off Waxahatchee’s phenomenal “Tiger’s Blood.” And Eric recommended “Sovietistan,” a travelogue about Central Asia by Norwegian anthropologist Erika Fatland.

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  • The Cyber Safety Review Board’s (CSRB) report on the Summer 2023 Microsoft Exchange online intrusion sheds light on how a series of flaws in Microsoft’s cloud infrastructure and security processes allowed a hacking group associated with the People’s Republic of China (PRC) to strike the “equivalent of gold” in accessing the official email accounts of many of the most senior U.S. government officials managing the U.S. government’s relationship with the PRC. Lawfare Senior Editor Stephanie Pell sat down Maia Hamin, Associate Director with the Atlantic Council’s Cyber Statecraft Initiative; Trey Herr, Assistant Professor of cybersecurity and policy at American University’s School of International Service and Director of the Cyber Statecraft Initiative at the Atlantic Council; and Marc Rogers, Co-Founder and Chief Technology Officer for the AI observability startup nbhd.ai, to discuss their recent Lawfare piece about the CSRB’s report and the lagging state of cloud security policy. They talked about ways to improve cloud service provider transparency, other investigative and regulatory tools that could facilitate better cloud security, and their thoughts on Microsoft’s response to the CSRB’s report. 

    To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.

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  • From June 29, 2020: Jack Goldsmith sat down with Eric Posner, the Kirkland & Ellis Distinguished Service Professor of Law at the University of Chicago, and the author of the new book, "The Demagogue's Playbook: The Battle for American Democracy from the Founders to Trump." They discussed why demagogues are a characteristic threat in democracies, how the founders of the U.S. Constitution tried to ensure elite control and prevent a demagogue from becoming president, how these safeguards weakened over time and how Donald Trump's demagoguery helped him win election as president. They also explored how Posner's perception of Trump as a threat to American democracy fits with his writings in support of a powerful president.

    To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.

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  • Renée DiResta is the author of Invisible Rulers: The People Who Turn Lies into Reality. Until the other day, she was one of the brains behind the Stanford Internet Observatory, where she did pioneering work studying Internet information streams how they generate. The day before this podcast was recorded, news broke that Stanford was shutting down—or revamping—the SIO, and DiResta is no longer associated with it. In this conversation with Lawfare Editor in Chief Benjamin Wittes, DiResta talks about how she came to study online information flows, how they work, and how she and her work came to be the subject of one herself.


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


    Support this show http://supporter.acast.com/lawfare.


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  • On June 2, Mexico held one of the largest elections in its history, and the electorate voted in the country's first woman, and Jewish, president, Claudia Sheinbaum. Sheinbaum was endorsed by outgoing President Andrés Manuel López Obrador (AMLO), who critics charge as pushing a series of anti-democratic policies including a substantial judicial overhaul. 

    To discuss this historic election and what President-elect Claudia Sheinbaum may do in office, Lawfare Associate Editor for Communications Anna Hickey sat down with former United States Ambassador Roberta Jacobson. They discussed the issues voters were concerned about, political violence by cartels plaguing the country, and whether Sheinbaum will follow AMLO's trajectory as a populist or chart her own path. 

    To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.

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  • Lawfare Senior Editors Molly Reynolds and Quinta Jurecic checked in on the status of Senator Bob Menendez’s ongoing criminal trial in the Southern District of New York. Together with Dan Richman of Columbia Law School and Eric Columbus, who previously served as special litigation counsel at the U.S. House of Representatives’ Office of General Counsel, they discussed the challenges faced by prosecutors in bringing corruption charges against a sitting member of Congress. 

    The Justice Department alleges that Menendez took bribes in exchange for unregistered lobbying for the governments of Egypt and Qatar—among other incidents of unsavory behavior. But after the Supreme Court’s decision in McDonnell v. United States, and given the protections available to members of Congress under the Speech or Debate Clause, will prosecutors be able to make the charges stick?

    To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.

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  • From July 17, 2020: Darrell West and John Allen are the authors of the book, "Turning Point: Policymaking in the Era of Artificial Intelligence," a broad look at the impact that artificial intelligence systems are likely to have on everything from the military, to health care, to vehicles and transportation, and to international great power competition. They spoke with Benjamin Wittes about the book and the question of how we should govern AI systems. What makes for ethical uses of AI? What makes it scary? What are the anxieties that people have about artificial intelligence, and to what extent are the fears legitimate?

    To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.

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  • This episode of “Trump's Trials and Tribulations,” was recorded on June 13 in front of a live audience on YouTube and Zoom.


    Lawfare Associate Editor for Communications Anna Hickey talked to Lawfare Editor-in-Chief Benjamin Wittes and Senior Editor Quinta Jurecic about Judge Cannon's order denying in part former President Trump's motion to dismiss the classified document case, what Judge McAfee is up to in Fulton County, and of course, they took audience questions from Lawfare Material Supporters on Zoom.

    Support this show http://supporter.acast.com/lawfare.


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  • On today’s episode, Matt Gluck, Research Fellow at Lawfare, spoke with Sean Mirski and Aaron Sobel of Arnold & Porter. Mirski practices foreign-relations, international, and appellate law, and Sobel practices international and appellate law. They discussed Mirski and Sobel’s recent Lawfare piece, co-authored with John Bellinger and Catherine McCarthy, on the Eighth Circuit’s decision reviving part of Missouri’s coronavirus-related lawsuit against several defendants connected to the Chinese government.

    They spoke about the Foreign Sovereign Immunities Act, Missouri’s claims and why one of them survived the Eighth Circuit’s jurisdictional review, how this decision might affect other coronavirus lawsuits, and the potential implications of the decision for U.S. foreign policy, among other topics.

    Check out Mirski’s recent book, “We May Dominate the World: Ambition, Anxiety, and the Rise of the American Colossus,” which examines the roots of the United States’ ascension to hegemony and was rated by Kirkus as one of the 100 best non-fiction books of 2023.

    To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.

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  • This week, Alan, Quinta, and Scott were joined by Lawfare Editor-in-Chief Benjamin Wittes to talk through some of the week’s biggest national security news stories, including:

    “Save the Last Gantz.” Leading opposition figure Benny Gantz has left Israel’s war cabinet over Prime Minister Benjamin Netanyahu’s failure to establish post-conflict plans for Gaza, raising serious questions about the stability of Netanyahu’s far-right government. What does Gantz’s departure mean for the future of the conflict?“Congress Shall Make No Law…Abridging the Freedom of [BEEP], or of the [PRESS ENTER KEY].” California is on the verge of enacting one of the country’s first AI safety laws. But critics are arguing that the type of restrictions it imposes may run afoul of the First Amendment. How does AI fit with the freedom of speech—and does the First Amendment put it beyond regulatory reach?“A Stale Macron is One Tough Cookie.” Recent elections to the European Parliament saw a surge in right (and particularly far-right) parties across the continent, and most specifically in France and Germany. Fearing what this groundswell might mean for his centrist coalition, French President Emmanuel Macron has sought to cut it off at the pass by calling for snap national parliamentary elections. Is this a risky strategy or a sound one?

    For object lessons, Ben asked listeners how they intended to celebrate #RussiaDay on June 12. Alan celebrated an inedible apple. Quinta followed up on last week’s discussion to share the American Immigration Council’s analysis of the new border executive order. And Scott sang the praises of Roka, a brand of glasses that finally stays on his dumb flat face.

    To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.

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  • On today’s episode, Lawfare General Counsel and Senior Editor Scott R. Anderson sat down with Gabor Rona, Professor of Practice at Cardozo Law, and Natalie Orpett, Lawfare’s Executive Editor, to discuss their recent Lawfare piece examining whether a state pursuing an armed conflict in compliance with international humanitarian law could nonetheless violate the Genocide Convention. They discussed how these two areas of law intersect, their relevance to the ongoing proceedings over Israel’s conduct in Gaza before the International Court of Justice, and what the questions their analysis raises might mean for the future of accountability for genocide.

    You can find their article, "Can Armed Attacks That Comply With IHL Nonetheless Constitute Genocide?," online at https://www.lawfaremedia.org/article/can-armed-attacks-that-comply-with-ihl-nonetheless-constitute-genocide.

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  • Natan Sachs is the Director of the Center for Middle East Policy at the Brookings Institution. He joined Lawfare's Editor in Chief, Benjamin Wittes, to discuss the resignation of Israeli war cabinet member Benny Gantz, the fate of Benjamin Netanyahu's right-wing government, and Israeli perceptions of the Gaza war.

    To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.

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