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The Lawfare Podcast
Dissecting the Oral Arguments in Moore v. Harper
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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Rational Security: The “Adverse Possession” Edition
01:04:41|This week, Scott sat down with Lawfare Managing Editor Tyler McBrien and Contributing Editor Alex Zerden to talk through a few of the week’s big national security news stories, including:“Finding the Road to Damascus.” Former dictator Bashar al-Assad fled Syria one year ago this week, bringing a precipitous end to the country’s more than decade-long civil war. In the year since, has the country been able to make progress toward the optimistic future many hoped would follow al-Assad’s ouster? And what obstacles still lie in its path?“Civilizational Self-Confidence Scheme.” The Trump administration has undergone the once-per-term statutorily-mandated ritual of releasing its National Security Strategy. It claims an intent to stay the course on many key bipartisan pillars of U.S. foreign policy, but mixes in heavy doses of isolationism, ethnonationalism, and criticism of Europe for losing its “civilizational self-confidence.” How seriously should we take this document? And what does it tell us about the likely trajectory of U.S. foreign policy?“A Dimon in the Rough?” JPMorgan Chase CEO Jamie Dimon has announced a ten-year initiative to invest $1.5 trillion in U.S. companies critical to U.S. national security and economic resilience. Is this an attempt by Dimon to repair his sometimes frosty relationship with the Trump administration by complimenting its “America First” strategy? Or is it an initiative that more genuinely strikes at the intersection of market logic and U.S. national security?In object lessons, Tyler is exploring the great heritage of American landmarks with “Lost in America: Photographing the Last Days of our Architectural Treasures” an archive of the Historic American Buildings Survey. Scott is embracing the holiday season the classic way—by settling in with delightfully cheesy films like A Merry Little Ex-Mas and Jingle Bell Heist on Netflix. And Alex is broadening the lens with “The World For Sale: Money, Power, and the Traders Who Barter the Earth's Resources,“ by Jack Farchy and Javier Blas, a deep dive into the global trade networks and power brokers who shape the flow of the planet’s resources.Rational Security will be having its traditional end-of-year episode later this month, which will focus on listener-submitted topics and object lessons! If you have topics you want us to discuss and object lessons you want to share—whether serious or frivolous—be sure to send them to rationalsecurity@lawfaremedia.org by Dec. 17!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/lawfare-institute.
Lawfare Daily: The Defense Tech Paradox, with Susannah Glickman
52:18|Susannah Glickman, an assistant professor of history at Stony Brook University who specializes in the political economy of computation and information, sat down with Lawfare Associate Editor Olivia Manes to discuss the role of defense tech in the second Trump administration. Susannah unpacked her recent article in the New York Review of Books tracing the historical relationship between tech, defense, and the U.S. government, and explained how defense tech firms which have benefitted from U.S. industrial policy are now undermining it for the sake of short-term profits. 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/lawfare-institute.
Lawfare Daily: Wikipedia, Ref-Working, and the Battle Over Reality
50:31|Wikipedia is more than an encyclopedia. It’s a key part of the internet’s information infrastructure—shaping what people know, what AI models learn, and what the public sees as true. But in an era of geopolitical conflict, AI disruption, and fracturing trust, Wikipedia has come under attack.In this episode, Renée DiResta talks with Wikipedia founder Jimmy Wales about his new book, “The Seven Rules of Trust,” and about how Wikipedia has managed to remain one of the most trusted sites on the internet. They explore the principles that helped build that trust and the outside pressure it’s come under—from American congressmen, to Russian censorship campaigns, to Elon Musk’s Grokipedia. What does it take to make institutions trustworthy in a low-trust era? What happens when reliable sources become a battleground for power? And how does a community continue to build shared knowledge while partisans are redefining the rules of truth?For further reading, see:“The Right-Wing Attack On Wikipedia,” by Renée DiResta in The Atlantic”The War Over Ukraine—on Wikipedia,” by Catarina Buchatskiy in Lawfare“Russian Court Fines Wikipedia Owner for Article on Ukraine,” by Anna Chernova and Olesya Dmitracova, CNN“The CDC Should Be More Like Wikipedia,” by Renée DiResta in The AtlanticTo 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/lawfare-institute.
Lawfare Daily: The Trials of the Trump Administration, Dec. 5
01:37:47|In a live conversation on YouTube, Lawfare Executive Editor Natalie Orpett sat down with Lawfare Senior Editors Anna Bower, Michael Feinberg, Molly Roberts, Roger Parloff and Eric Columbus and Lawfare Contributing Editor James Pearce to discuss the arrest of a suspect in the attempted bombing on Jan. 6, 2021, a hearing in NPR’s lawsuit over the Trump administration cutting its funding, where the prosecutions of Letitia James and James Comey stand, and more.You can find information on legal challenges to Trump administration actions here. And check out Lawfare’s new homepage on the litigation, new Bluesky account, and new WITOAD merch.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/lawfare-institute.
Lawfare Archive: Lynzy Billing on Afghanistan's Zero Unit Night Raids
42:27|From January 24, 2023: In 2019, investigative journalist and photographer Lynzy Billing went to Afghanistan to investigate a very personal story: her own past. In the process, she discovered what she came to call a classified war, one with lines of accountability so obscured that no one had to answer publicly for operations that went wrong.Lawfare managing editor Tyler McBrien sat down with Lynzy to talk through her four-year investigation, published last month in ProPublica. They discussed Afghanistan's shady Zero Units and their relationship with the CIA, the traumatic ripple effects caused by this lack of accountability, and why the U.S. continues to rely on a strategy of night raids, which Lynzy describes as quick, brutal operations that went wrong far more often than the U.S. has acknowledged. They also discussed why Lynzy decided to tell this story when few others would. 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/lawfare-institute.
Lawfare Archive: How Congressional Staffers Helped Our Afghan Allies
38:00|From April 5, 2024: A new report from the POPVOX Foundation focuses on a little-known and hugely under-appreciated congressional effort: that of congressional staffers helping Afghan allies flee the country during the U.S. withdrawal from Afghanistan. Lawfare Executive Editor Natalie Orpett sat down with the report’s author, Anne Meeker. They talked about what staffers did to help, the challenges they faced, and how the experience exposed both weaknesses and strengths in how Congress functions. 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/lawfare-institute.
Lawfare Live: The EU Fines X 120 M Euros - What Comes Next?
35:50|On Dec. 5, the European Commission announced that they are fining X (formerlly Twitter) 120 million euros for impersonation scams with “verification,” broken advertising transpaency system, and blocking researchers from its platform. On a Lawfare Live, Lawfare Senior Editor Kate Klonick and Lawfare Contributing Editor Renee DiResta analyzed the decision, what happens next, and how this fits into the geopolitical struggle over free speech.
Scaling Laws: Caleb Withers on the Cybersecurity Frontier in the Age of AI
49:00|Caleb Withers, a researcher at the Center for a New American Security, joins Kevin Frazier, the AI Innovation and Law Fellow at the University of Texas School of Law and a Senior Editor at Lawfare, to discuss how frontier models shift the balance in favor of attackers in cyberspace. The two discuss how labs and governments can take steps to address these asymmetries favoring attackers, and the future of cyber warfare driven by AI agents. Jack Mitchell, a student fellow in the AI Innovation and Law Program at the University of Texas School of Law, provided excellent research assistance on this episode.Check out Caleb’s recent research here. Find Scaling Laws on the Lawfare website, and subscribe to never miss an episode.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/lawfare-institute.
Lawfare Daily: The End of New START? With John Drennan and Matthew Sharp
58:45|New START, the last bilateral nuclear arms control treaty between the United States and Russia, will expire in February 2026 if Washington and Moscow do not reach an understanding on its extension—as they have signaled they are interested to do. What would the end of New START mean for U.S.-Russia relations and the arms control architecture that had for decades contributed to stability among great powers?Lawfare Public Service Fellow Ariane Tabatabai sits down with John Drennan, Robert A. Belfer International Affairs Fellow in European Security, at the Council on Foreign Relations, and Matthew Sharp, Fellow at MIT’s Center for Nuclear Security Policy, to discuss what New START is, the implications of its expiration, and where the arms control regime might go from here.For further reading, see:“Putin’s Nuclear Offer: How to Navigate a New START Extension,” by John Drennan and Erin D. Dumbacher, Council on Foreign Relations“No New START: Renewing the U.S.-Russian Deal Won’t Solve Today’s Nuclear Dilemmas,” by Eric S. Edelman and Franklin C. Miller, Foreign Affairs“2024 Report to Congress on Implementation of the New START Treaty,” from the Bureau of Arms Control, Deterrence, and Stability, U.S. Department of StateTo 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/lawfare-institute.