The Lawfare Podcast: Patreon Edition

From June 15, 2021: A spree of stories has emerged over the last week or so that the Justice Department under the prior administration obtained phone and email records of several journalists, several members of Congress and staffers, and even family members. It has provoked a mini scandal, calls for investigation, howls of rage and serious questions. To discuss it all, Benjamin Wittes sat down with Gabe Rottman of the Reporters Committee for Freedom of the Press, former FBI agent Pete Strzok, Lawfare senior editor Quinta Jurecic and Berkeley law professor and Lawfare contributing editor Orin Kerr. They talked about what we really know about these stories and what happened in these investigations. Was it all legal? Was it legitimate? How should it be investigated and by whom? And what does it mean that none of the prior attorneys general or deputy attorneys general seem to remember it?

Adam Thierer, Senior Fellow for the Technology & Innovation team at R Street, joins Kevin Frazier, Senior Research Fellow in the Constitutional Studies Program at the University of Texas at Austin and a Tarbell Fellow at Lawfare, to examine a lengthy, detailed report issued by the Bipartisan House Task Force on AI. Thierer walks through his own analysis of the report and considers some counterarguments to his primary concern that the report did not adequately address the developing patchwork of state AI regulations.

This week, Scott sat down with his Lawfare colleagues Anna Bower and Natalie Orpett and Lawfare Contributing Editor Michel Paradis to talk about the week’s biggest national security news stories, including:“A Justice Delayed Still Has Justice on the Mind.” After weeks of waiting, New York state court judge Justice Juan Merchan has finally become the first judge to apply the Supreme Court’s Trump v. United States immunity decision, holding that incoming President Donald Trump’s convictions under New York state law may stand and did not unduly rely on conduct for which he is immune. How persuasive is his ruling? And what can it tell us about the future of both Donald Trump’s criminal case and the Supreme Court’s immunity holding?“A Break in the Case.” Tectonic shifts in Syrian politics over the past few weeks that has led, among other consequences, to the release of thousands of former prisoners, have brought back to the fore the case of Austin Tice, an American journalist who has been missing in Syria for more than a decade. Believed to have been held by the Assad regime before its collapse, some are concerned that he might have been injured or killed during Israeli airstrikes over the past several weeks. What does Tice’s case tell us about the challenges of wrongful detention cases like his? And what should we make of allegations that the Biden administration is not doing enough to bring him back?“Gym, Tan, Low-flying Unmanned Aerial Vehicles.” The state of New Jersey has a new signature activity, as Americans and politicians of all stripes have been voicing concern over reports of mysterious drones of unknown origins operating in the state’s skies. What might explain this phenomenon? And what should we make of the reactions around it? For object lessons, Anna recommended “Intermezzo,” by Sally Rooney as a read over the holiday. Natalie Orpett endorsed Washington, D.C.’s Eastern Market as a worthwhile visit for holiday shopping, and Scott doubled down with another local recommendation of Middleburg, VA, as a holiday wonderland not to be missed. And Michel wrapped things up with a final endorsement of Weike Wang’s dryly comedic book “Rental House,” for those needing to commiserate over managing family relations over the holiday.

For today’s episode, Lawfare Senior Editor Scott R. Anderson sat down with Ashley Deeks, a professor at the University of Virginia School of Law, and Kristen Eichensehr, also a professor at the University of Virginia School of Law, but currently a visiting professor at Harvard Law School, to discuss their forthcoming law review article, “Frictionless Government and Foreign Relations,” which focuses on the dangers that can arise in moments where there appears to be broad consensus on a particular set of policies.They discussed what constitutes frictionless government, where it might exist on the present policy terrain, the risks such circumstances can entail, and strategies policymakers can embrace for managing them.

In response to the compromise of telecommunication companies by the Chinese hacker group Salt Typhoon, senior officials from the FBI and CISA recommended that American citizens use encrypted messaging apps to minimize the chances of their communications being intercepted. This marks a departure in law enforcement’s position on the use of encrypted communications. Susan Landau, Professor of Cyber Security and Policy in Computer Science at Tufts University, and Alan Rozenshtein, Associate Professor of Law at the University of Minnesota Law School and Research Director and Senior Editor at Lawfare, sat down with Lawfare Senior Editor Eugenia Lostri to talk about what the recent FBI recommendation in favor of the use of encrypted messaging apps means for the “Going Dark” debate. 

Shane Harris makes no secret about his love for the film version of this Cold War submarine thriller, based on the Tom Clancy novel. It’s his favorite movie. So he was delighted to welcome fellow obsessive Katherine Voyles to the podcast. A PhD in English, Voyles writes about national security in culture, as well as the culture of national security. She and Shane talked about why they love the movie, their favorite scenes and characters, and how the story influenced--maybe even created--an entire genre of fiction. They also discussed why it is, actually, a Christmas movie, and their mutual admiration for the martini. Voyles’s writing has appeared in in the Los Angeles Review of Books, Foreign Policy, Task &Purpose, Small Wars Journal, and War on the Rocks. She also works for the Department of Defense. In addition to the greatest movie of all time, essays, TV shows, books, and restaurants discussed in this episode include: Colson Whitehead’s “The Way We Live Now” https://www.nytimes.com/2001/11/11/magazine/the-way-we-live-now-11-11-01-lost-and-found.html Deutschland 83 https://www.imdb.com/title/tt4445154/ Garrett Graff’s The Only Plane in the Sky https://www.simonandschuster.com/books/Only-Plane-in-the-Sky/Garrett-M-Graff/9781501182211 Lauren Wilkinson’s American Spy https://www.penguinrandomhouse.com/books/253471/american-spy-by-lauren-wilkinson/ Saltie Girl https://www.saltiegirl.com/ Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.

CNN correspondent Elle Reeve has spent the last decade reporting on extremism in the United States. Her book, "Black Pill: How I Witnessed the Darkest Corners of the Internet Come to Life, Poison Society and Capture American Politics" provides an insider's glimpse into the "insidious"—and underestimated—world of alt-right internet culture that is now at the center of the Republican Party under Donald Trump. Lawfare Associate Editor Katherine Pompilio sat down with Reeve to discuss her investigative reporting and "Black Pill," incels, political violence, memes, what it's like to build working relationship with alt-right figures, the 2017 Charlottesville Unite the Right Rally, Jan. 6, the 2024 presidential election, and more.

Sam Manning, Senior Research Fellow at GovAI, joins Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare, to discuss his research on different options to share AI's benefits at the international level. The two also explore Sam's analysis of the incentives that may steer adoption of different benefits sharing strategies and his plans for future AI research. 

From October 19, 2019: It's been a horrible week in northeastern Syria. The U.S. abandoned its Kurdish allies after the president had a conversation by phone with Turkish President Erdogan and pulled the plug on the stabilizing U.S. presence in the region. The Turkish government began a major incursion over the border, which has produced significant casualties and major questions about ISIS detainees in Kurdish custody.To talk through it all, we pulled together quite a group. In the first half of the podcast, Benjamin Wittes spoke with Gayle Tzemach Lemmon, an adjunct senior fellow at the Council on Foreign Relations, and Scott R. Anderson and Dan Byman, both of Brookings and Lawfare. In the second half, Ben sat down with Oula A. Alrifai, a fellow with the Washington Institute for Near East Policy, and Leah West, a Lecturer of International Affairs at Carleton University in Canada.