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The Lawfare Podcast
Rational Security: The “Active Listening Noises” Edition
This week, Alan, Quinta, and Scott were joined by Lawfare Executive Editor Natalie Orpett to go over the week’s big national security news, including:
- “Does NSM Stand for No Such Memo?” Last week, in a long-awaited report required by National Security Memorandum 20 that President Biden issued earlier this year, the Biden administration concluded that there were credible reasons to believe that Israel may well have violated international law and obstructed U.S.-backed humanitarian flows in its conduct of the war in Gaza. But it still declined to find Israeli assurances to the contrary lacking in credibility enough to interrupt U.S. security assistance. What does this tell us about the state of U.S. support for Israel—especially as Israeli forces appear increasingly set to pursue an offensive on Rafah that Biden has openly opposed?
- “What to Expect When You’re Not Expecting.” A sharp global decline in birth rates—often below replacement levels, especially (but not exclusively) in highly developed countries—has some academics and policymakers panicking about everything from the global balance of power to the future of social support systems. But are these concerns misplaced? And how (if at all) should we be thinking about the relationship between national security and family planning?
- “AzerbaiSCAM.” The Justice Department has indicted a second Democratic legislator—Rep. Henry Cuellar of Texas—for working as an unregistered agent of a foreign government, this time that of Azerbaijan, even as a federal court in New York seats a jury for the prosecution of Sen. Bob Menendez for allegedly doing the same on behalf of Egypt and Qatar. Is this reflective of a broader problematic trend? And what should policymakers be doing about it?
For object lessons, Alan lamented the passing of great Canadian Alice Munro. Quinta celebrated the semi-resolution of a long-running mystery involving Prague. Scott renewed his call for people to grill more pizza this summer and shared some tips before handing the mic to producer Noam, who shared that he’s performing at the DC Improv on May 23. And Natalie reminisced fondly (?) on her time living in New York.
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Lawfare Archive: The Trump Administration’s Latest Moves to Dismantle the Iran Nuclear Agreement with Peter Harrell and Richard Nephew
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Scaling Laws: How AI Can Transform Local Criminal Justice, with Francis Shen
52:51|Alan Rozenshtein, research director at Lawfare, spoke with Francis Shen, Professor of Law at the University of Minnesota, director of the Shen Neurolaw Lab, and candidate for Hennepin County Attorney.The conversation covered the intersection of neuroscience, AI, and criminal justice; how AI tools can improve criminal investigations and clearance rates; the role of AI in adjudication and plea negotiations; precision sentencing and individualized justice; the ethical concerns around AI bias, fairness, and surveillance; the practical challenges of implementing AI systems in local government; building institutional capacity and public trust; and the future of the prosecutor's office in an AI-augmented justice system.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.
Rational Security: The “Scare Them When They’re Young” Edition
01:17:22|This week, Scott sat down with his Lawfare colleagues Tyler McBrien, Michael Feinberg, and Ariane Tabatabai to talk through the week’s big news in national security, including:“Between Iraq and a Hard Place.” Iran is engaged in perhaps its most serious bout of domestic unrest in a decade, spurred on by a failing economy and the seeming political weakness of the regime after its devastating military conflict with Israel and the United States this past summer. But the regime has struck back viciously, cutting off global media and communications access even as it has engaged in a vicious and violent campaign of repression that may have already led to as many as between 2,000 and 12,000 fatalities. That has led, among other things, to threats from the Trump administration that it may intervene militarily against the regime. What should we be making of this development? What does it mean for the future of Iran, and what role might the United States play in that future?“A Slippery Slope.” ICE’s increasingly provocative immigration enforcement actions came to a violent head last week in Minneapolis, when ICE agent Jonathan Ross shot and killed driver and possible protest participant Renee Good. While the White House has sought to frame Good as a “domestic terrorist” who threatened Ross, videos of the incident instead suggest that her conduct came nowhere close to the standard normally required for the use of lethal force. The FBI is now reportedly investigating Good’s widow for ties to activist groups, an effort that led several career federal prosecutors to quit this week. How effective are the administration’s attempts to shape the truth likely to prove? “Green with Envy.” Diplomatic representatives from Denmark and Greenland are meeting with senior administration officials as we record to discuss a way forward on Greenland, the self-governing and all-but-independent Danish territory that President Trump has openly coveted since returning to office, up to and including the threat of military force to acquire it. How serious should the world take these threats? Where is the competition over Greenland likely to lead?In object lessons, Tyler is setting the mood with a recommendation of Way Dynamic’s album “Massive Shoe.” Mike is boosting our moods with a preview of “One Movie After Another,” a retrospective of Paul Thomas Anderson films, coming soon to the AFI Silver Theatre in Silver Spring. Scott is setting some mood lighting with his Xenomorph-like bedtime reading light from Glocusent. And Ari is getting moody with a revisit of Pedro Almodóvar’s “Pain and Glory.”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: Entrepreneurial Federalism and the New National Security, with Ashley Deeks and Kristen Eichensehr
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Lawfare Daily: The U.S. Foreign Service at a ‘Breaking Point,’ with John Dinkelman
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Lawfare Daily: The Latest in Iran, with Richard Nephew
53:40|Iran is once again witnessing large-scale protests, on which the regime is cracking down through mass arrests and deadly force. President Trump has stated that the United States would come to the rescue of Iranians if the regime continues to kill protestors. Meanwhile, Tehran continues to reconstitute its nuclear program, which was damaged during the 12-day war over the summer. President Trump has threatened to eliminate Iran’s nuclear and missile programs if Tehran does not stop rebuilding its capabilities. Iran’s regional standing remains diminished, though its relationships with Russia and China continue even as tensions create limits to cooperation. On today’s episode, Lawfare Public Service Fellow Ariane Tabatabai sits down with Richard Nephew, Senior Research Scholar at the Center on Global Energy Policy at Columbia University and former Deputy Special Envoy for Iran, to discuss the latest developments in Iran, take stock of U.S. policy toward Iran during President Trump’s first year back in office, and offer indicators for what to expect next.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 Trials of the Trump Administration, Jan. 9
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Lawfare Archive: Former Ambassador Roberta Jacobson on the Mexico Presidential Election
45:12|From June 18, 2024: On June 2, Mexico held one of the largest elections in its history and the electorate voted in the country's first women, 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/lawfare-institute.
Lawfare Archive: A Jan. 6 Committee Staffer on Far-Right Extremism
57:19|From February 15, 2023: The Jan. 6 committee’s final report on the insurrection is over 800 pages, including the footnotes. But there’s still new information coming out about the committee’s findings and its work.Last week, we brought you an interview with Dean Jackson, one of the staffers who worked on the Jan. 6 committee’s investigation into the role of social media in the insurrection. Today, we’re featuring a conversation with Jacob Glick, who served as investigative counsel on the committee and is currently a policy counsel at Georgetown’s Institute for Constitutional Advocacy and Protection. His work in the Jan. 6 investigation focused on social media and far-right extremism. Lawfare senior editor Quinta Jurecic spoke with Jacob about what the investigation showed him about the forces that led to Jan. 6, how he understands the threat still posed by extremism, and what it was like interviewing Twitter whistleblowers and members of far-right groups who stormed the Capitol.You can read Jacob’s essay with Mary McCord on countering extremism here in Just Security and listen to an interview with Jacob and his Jan. 6 committee colleagues here at Tech Policy Press.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.