The Lawfare Podcast

In this engaging discussion, legal experts Alan Rozenshtein, a senior editor at Lawfare and associate professor at the University of Minnesota Law School, and Jed Shugerman, a professor at Fordham Law School, dive into the First Amendment's complexities regarding Trump's speech on January 6. They analyze whether his remarks could be seen as incitement to violence and explore the nuanced legal standards influencing this debate. The conversation also touches upon the potential for criminal liability and the historical context surrounding insurrection laws.

Laura Rosenberger, director of the Alliance for Securing Democracy and a senior fellow at the German Marshall Fund, dives into the dangers of foreign interference in U.S. elections. She discusses how adversaries like Russia, China, and Iran employ tactics to undermine public trust and the strategic motives behind these operations. Rosenberger emphasizes the need for robust election security measures, including paper ballots and audits, while highlighting the challenges of misinformation for voters. Her insights shed light on the importance of safeguarding democracy from external threats.

Fred Burton, executive director of the Center for Protective Intelligence, and Garrett Graff, a national security journalist, dive into the January 6 Capitol riot. They analyze the failures of the Capitol Police and the chaotic events that led to the insurrection. The conversation examines accountability, the role of digital evidence in prosecuting suspects, and the challenges of law enforcement post-attack. They also discuss the implications of potential pardons by former President Trump and the need for critical security reforms to uphold democratic values.

Elliot Jones, a Senior Researcher at the Ada Lovelace Institute, joins Kevin Frazier to dive into the complexities of AI testing. They discuss the crucial role of evaluations, audits, and benchmarks in regulating AI technologies. The conversation highlights the urgent need for robust assessment frameworks amid rapid advancements and societal risks. Challenges like talent shortages and regulatory gaps in regions like the EU and US are explored, with a call for collaboration to ensure safety and transparency in AI implementation.

This week, Tyler McBrien, a Managing Editor at Lawfare specializing in national security, joins to dissect urgent issues. The discussion kicks off with the new re-indictment of former President Trump linked to the January 6 insurrection, exploring its legal implications. Tensions escalate between Israel and Hezbollah, raising fears of a broader conflict. The episode also covers the arrest of Telegram's CEO, shedding light on the platform's connection to criminal activities. Insightful analysis and pressing national security challenges make for a compelling conversation.

Joined by senior editors Anna Bower, Quinta Jurecic, and Roger Parloff, the discussion dives into the latest superseding indictment against former President Trump related to January 6. They dissect how this indictment varies from the original, especially concerning Trump's public statements and their legal ramifications. The complexities of candidate versus official role actions are explored, alongside the implications of Supreme Court decisions. Insightful analysis of social media evidence and potential legal strategies highlights the evolving landscape of Trump's legal battles.

Vanda Felbab-Brown, a Senior Fellow in Foreign Policy at the Brookings Institution and expert on nonstate armed actors, delves into the aftermath of Yevgeny Prigozhin's leadership in the Wagner Group. She unpacks recent military skirmishes in Mali, showcasing the group's evolving strategies and tactics amid heavy casualties. The discussion highlights Wagner’s integration with local forces and its implications for regional stability, as well as Russia's broader ambitions in Africa, revealing a complex web of power and exploitation.

Peter Clement, a former CIA analyst with a PhD in Russian history and current Columbia University professor, offers keen insights into Vladimir Putin's psyche. He discusses the evolution of Putin’s rhetoric about Ukraine, the Kremlin's leadership dynamics, and how perceptions of Putin have shifted in the West. Clement also shares his journey into Kremlinology, highlighting the historical context that shapes Putin’s actions and relationships, while emphasizing the need for diverse perspectives to understand Russian politics and its impact on global relations.

Sherri Goodman, Secretary General of the International Military Council on Climate & Security and a former Deputy Undersecretary of Defense, shares insights from her influential career. She discusses the term 'threat multiplier' as it pertains to climate change and national security, addressing skepticism about balancing military readiness with environmental initiatives. Sherri outlines her four pillars for climate action, emphasizing the military's role in sustainability and the need for collaboration to build a climate-resilient force. Her expertise reshapes the discourse on security and climate.

In this insightful discussion, Eugenia Lostri, a Lawfare Fellow specializing in Technology Policy, and Esteban Carisimo, a Postdoctoral Researcher at Northwestern University, delve into Venezuela's troubling digital landscape post-elections. They analyze how internet censorship fuels protests and stifles dissent, contrasting Venezuela's infrastructure with other Latin American nations. The duo also addresses the urgent need for investment to improve connectivity while emphasizing the essential role of resilient networks in defending democratic values and human rights.