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  • Alan Rozenshtein, Associate Professor of Law at the University of Minnesota Law School and a Senior Editor at Lawfare; David Rubenstein, James R. Ahrens Chair in Constitutional Law and Director of the Robert J. Dole Center for Law and Government at Washburn University School of Law; and Dean Ball, Research Fellow at George Mason University's Mercatus Center, join Kevin Frazier, a Tarbell Fellow at Lawfare, to discuss a novel and wide-reaching AI bill, SB 1047, pending before the California State Assembly and AI regulation more generally.

    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, a Scott-less Alan and Quinta sat down with Lawfare Tarbell Fellow Kevin Frazier and law school-bound Associate Editor Hyemin Han to talk over the week’s big national security news, including:

    “I will not make age an issue of this campaign. I am not going to exploit, for political purposes, my opponent's youth and inexperience.” Unlike Ronald Reagan, Joe Biden’s underwhelming performance at the first (and perhaps only) presidential debate has put his party in a panic about his chances to win the presidential election. Was Biden’s performance as bad as the pundits and betting markets seem to think and, if so, what should he do about it, both with respect to his staying in the race and even his ability to finish out his presidential term?“When you’re the president, they let you do it.” After promising an opinion “for the ages,” the Supreme Court, in a 6-3, party-line decision, held that presidents enjoy at least some degree of absolute immunity from criminal prosecution for official acts. Did the opinion, as the dissenting Justices argued, make the president above the law? And what does the opinion mean for the ongoing criminal prosecutions seeking to hold Trump accountable for crimes he allegedly committed while in office?"Tell it to my face…ial challenge." The Supreme Court continues its pattern of not squarely addressing difficult legal questions about the Internet. In Moody v. NetChoice, the Court sent back two challenges to state social-media moderation laws to the lower courts, instructing them to examine the laws on an as-applied, rather than facial, basis. What guidance did the Court give to the lower courts on remand, and what questions about the scope of the platforms’ First Amendment protections remain unanswered?

    For object lessons, Alan gave himself a post-tenure present in the form of a fancy grill, Kevin recommended a Parisian shark week movie, Quinta suggested an animated science fiction adventure, and Hyemin enjoyed a book about the geopolitics of shame.

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  • From March 22, 2021: Benjamin Wittes sat down on Lawfare Live with Seamus Hughes, the deputy director of the Program on Extremism at George Washington University, and Alan Rozenshtein, a Lawfare senior editor and professor at the University of Minnesota Law School, to talk about the group of cases that have been filed in connection with the January 6 riot and insurrection. They talked about the database that Hughes is building and maintaining of cases, defendants and charges filed in connection with January 6; the pattern of charges; what the picture looks like so far; if it is likely to get closer to the president and his inner circle and if it will result in a series of seditious conspiracy charges.

    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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  • Anupam Chander, Scott Ginsburg Professor of Law and Technology at Georgetown Law; Kyle Langvhardt, Assistant Professor at the Nebraska College of Law; and Alan Rozenshtein, Senior Editor at Lawfare and Associate Professor at Minnesota Law, join Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare, to discuss the Supreme Court's decision in Moody v. NetChoice. The conversation dives into the weeds of a complex opinion that includes several concurrences and a lot of open questions. You can expect many podcasts and many more law review articles breaking down the ramifications of this surprising decision.

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  • As the Second World War started, an unsung cadre of US librarians and other information management professionals was making its way to Europe to acquire printed material that could help American analysts understand international threats. As the war went on, the mission of these experts expanded to also include an unprecedented effort to locate, preserve, and ultimately decide what to do with millions of printed items of Nazi propaganda--and with the books and documents that Germany had seized and hidden during the war. 


    Professor Kathy Peiss, who teached in the Department of History at the University of Pennsylvania, joined host David Priess to discuss this, and more, including many stories from her compelling book Information Hunters: When Librarians, Soldiers, and Spies Banded Together in World War II Europe. They talked about the field of American Studies, her family connection that led her to study librarians and spies in World War II, the World War I-era connections between librarians and national security matters, the cooperation in the early 1940s between America's emerging intelligence efforts and the Library of Congress, extraordinary women who worked to gather materials in war-torn Europe, advances in microfilm technology and use as a result of their efforts, tensions between the US and UK in open source collection, the vital role Lisbon played in information hunting during the war, unique aspects of the material acquisition and preservation effort as the war ended, the heated debate over the destruction of Nazi books, challenges involved in the return of recovered materials, and more. Including zoot suits. Yes, really.


    Works mentioned in this episode:


    The book Information Hunters by Kathy Peiss


    The movie The Monuments Men


    The book The Monuments Men by Robert Edsel and Bret Witter


    The book The Hunter by Tana French


    The book Dr. No by Percival Everett


    The book World War I and the Foundations of American Intelligence by Mark Stout


    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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  • It’s the decision we’ve all been waiting for: on the very last day of the Supreme Court’s 2023 term, the Court handed down its ruling in Trump v. United States, concerning the former president’s potential immunity from prosecution over his efforts to overturn the 2020 election. Rather than resolving the issue clearly, a 6-3 conservative majority found that presidents enjoy some immunity from criminal prosecution in some circumstances—a ruling that will likely create significant problems for the case against Trump.

    Lawfare’s Editor-in-Chief Benjamin Wittes discussed what to make of the opinions and what comes next with Executive Editor Natalie Orpett, Senior Editors Roger Parloff and Quinta Jurecic, and Courts Correspondent Anna Bower, along with special guest Lee Kovarsky of the University of Texas at Austin School of Law.

    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 June 28, the Supreme Court released its opinion in Fischer v. U.S., narrowing the interpretation of an obstruction statute, 18 U.S.C. § 1512(c)(2), used by the Department of Justice to charge over 300 Jan. 6 defendants, including former President Trump.

    Lawfare Editor-in-Chief Benjamin Wittes talked to Lawfare Senior Editors Quinta Jurecic and Roger Parloff about the decision, what happens to the Jan. 6 defendants charged with § 1512(c)(2), and how this ruling affects Special Counsel Jack Smith’s case against former President Trump.

    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 April 1, 2021: This week on Arbiters of Truth, the Lawfare Podcast’s miniseries on our online information ecosystem, Evelyn Douek and Quinta Jurecic spoke with Issie Lapowsky, a senior reporter at the tech journalism publication Protocol. They discussed last week’s hearing before the House Energy and Commerce Committee with the CEOs of Facebook, Google and Twitter—the first time the companies had been called to testify on the Hill after the Capitol riot, which focused public attention on the content moderation policies of tech platforms when it comes to domestic extremism. The hearing produced some interesting takeaways, but also a lot of moments when the CEOs were awkwardly forced to answer complicated questions with a simple "yes" or "no" answer.

    They also discussed Issie’s reporting on how tech companies have struggled to figure out how to address far-right extremism in the United States as opposed to Islamist extremism. And they talked about Section 230 reform and what it’s like reporting on the tech space.

    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 27 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 and Lawfare Senior Editor about the Monday and Tuesday hearings in the classified documents case, the Georgia Court of Appeals pausing all trial proceedings in Fulton County, and more. And of course, they took audience questions from Lawfare Material Supporters on Zoom.

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  • On June 26, the Supreme Court handed down its decision in Murthy v. Missouri—the “jawboning” case, concerning a First Amendment challenge to the government practice of pressuring social media companies to moderate content on their platforms. But instead of providing a clear answer one way or the other, the Court tossed out the case on standing. What now? Lawfare Editor-in-Chief Benjamin Wittes discussed the case with Kate Klonick of St. Johns University School of Law and Matt Perault, Director of the Center on Technology Policy at the University of North Carolina.

    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 once again by Lawfare Tarbell Fellow Kevin Frazier to talk over the week’s big national security news, including:

    Wiki-plea-ks.” After more than a decade in effective confinement—first at the Ecuadorian embassy in London, then in a British prison—Wikileaks founder Julian Assange is set to plead guilty in a U.S. federal court in Saipan to a single violation of the Espionage Act for his role in securing and publishing troves of classified U.S. diplomatic cables in 2010, at which point he will walk free. What can we learn from Assange’s saga?“Houthi Can’t Fail.” After months of sustained hostilities—and a U.S.-led multilateral military response—the Houthi campaign against shipping through the Red Sea has once again ratcheted up a notch, disabling a number of ships in sometimes fatal attacks and teaming up with similarly Iran-affiliated Iraqi militia groups. As global supply lines strain, is it clear that the international community’s strategy failed? What more (or different) could it do?“iAI.” Apple is set to enter the artificial intelligence game with its new Apple Intelligence, which it will be rolling out on Apple devices in the Fall. But not in Europe, in part due to its regulatory posture. What does this tell us about the pros and cons of AI regulation, and how the industry is likely to react?

    For object lessons, Alan shared a piece asking, “What happened to the libertarian party?” Quinta confirmed her millennial status by recommending the new album from The Decemberists, “As It Ever Was, So It Will Be Again.” Scott threw his endorsement to the very BBC film, “The Lost King.” And Kevin urged everyone to check out Kygo’s death defying piano performance. 

    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 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.


    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 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.

    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 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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