The Just Security Podcast

Steve Vladeck, a professor at Georgetown Law, dives into the whirlwind of President Trump's immigration executive orders. He discusses the expansive nature of these orders and their constitutional implications. The conversation highlights the legal complexities surrounding proclamations tied to the concept of 'invasion' and the challenges they pose. Vladeck also addresses the implications for birthright citizenship, ongoing litigation in Texas, and the tension between federal and state authority in immigration enforcement. A must-listen for anyone curious about these crucial legal battles.

On Friday, Jan. 17, the U.S. Supreme Court upheld the constitutionality of the Protecting Americans from Foreign Adversary Controlled Applications Act, the law which could effectively ban TikTok from operating in the United States, unless it is sold to a U.S. company. The case is the latest round in a legal battle involving free speech, national security, and the popular social media app, which is used by more than 170 million Americans. U.S. lawmakers argue that TikTok’s ties to the Chinese government raise serious data protection and content manipulation concerns. Free speech advocates see the law as a fundamental afront to the First Amendment. How did the Supreme Court decide the case? And how might this decision impact future efforts to regulate social media companies with ties to foreign governments? Joining the show to discuss the Court’s opinion and its implications are Marty Lederman, Asha Rangappa, and Xiangnong (George) Wang. Marty is an Executive Editor at Just Security and a Professor at Georgetown University Law Center. He has served in senior roles at the Justice Department, including in the Office of Legal Counsel. Asha is an Editor at Just Security, a Senior Lecturer at Yale’s Jackson Institute for Global Affairs, and a former FBI Agent specializing in counterintelligence investigations. George is a staff attorney at the Knight First Amendment Institute at Columbia University. Show Notes:  Marty Lederman (Bluesky – X)Asha Rangappa (Bluesky – X) Xiangnong (George) Wang (Bluesky – LinkedIn)Paras Shah (LinkedIn – X)Just Security’s U.S. Supreme Court coverageJust Security’s TikTok coverageMusic: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)

Tom Joscelyn, a Senior Fellow at Just Security, and Marty Lederman, Professor at Georgetown University and former Justice Department official, dive deep into Special Counsel Jack Smith's final report on the 2020 election interference. They discuss the implications of the report, concluding it could lead to a criminal conviction post-election but reveals little new information on January 6. The pair also highlight concerns about political accountability, the normalization of misconduct, and the ongoing challenges of restoring integrity in American politics.

In just a few weeks, Donald Trump will begin his second term as U.S. president. During his campaign and after reelection, Trump has signaled sweeping reforms to the U.S. immigration system. Among his top goals are promises to conduct the largest mass deportation in U.S. history, militarize the border, and introduce more border surveillance.In recent years, digital technologies have impacted virtually every aspect of migration. From visa triaging algorithms to drone surveillance with biometric data collection capabilities, companies and governments are increasingly developing and using these technologies to implement their migration policies. How are new forms of technology affecting people on the move?  Joining the show discuss border technologies and what we can expect from the new administration are Judith Cabrera and Petra Molnar. Judith is Co-Director of the Border Line Crisis Center, an organization which provides comprehensive networks of care to the migrant community in Tijuana, Mexico. Petra co-runs the Refugee Law Lab at York University and is a faculty associate at Harvard’s Berkman Klein Center for Internet and Society. Show Notes: Judith CabreraPetra Molnar (@_PMolnar)Paras Shah (@pshah518) Petra’s Just Security article "Border Technologies Under Trump 2.0"Just Security’s Technology coverageJust Security’s Migration coverageJust Security’s Artificial Intelligence coverageMusic: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)

Oleksandra Matviichuk is one of the leading lawyers and human rights advocates pushing for accountability for grave crimes committed during Russia’s invasion of Ukraine. In 2007, Oleksandra founded the Center for Civil Liberties, which she still leads. In 2022, it became the first Ukrainian organization to receive the Nobel Peace Prize. The center was awarded the prize that year alongside human rights advocate Ales Bialiatski from Belarus, and the Russian human rights organization Memorial.  The Center for Civil Liberties aims to advance human rights and democracy in Ukraine and the broader Europe-Eurasia region. It defends individual rights, develops legislative changes, conducts public oversight over law enforcement agencies and the judiciary, and offers educational activities for young people.How does the Center for Civil Liberties promote accountability? And what does Oleksandra see as the key issues and trends to watch as this full-scale war nears its third-year mark in February?Just Security’s Washington Senior Editor, Viola Gienger, recently sat down with Oleksandra to discuss her work. Here is their conversation.Show Notes: Oleksandra Matviichuk (@avalaina) Viola Gienger (@ViolaGienger)Paras Shah (@pshah518) Oleksandra’s March 2023 Just Security article (with Natalia Arno and Jasmine D. Cameron) “Russia’s Forcible Transfers of Ukrainian Civilians: How Civil Society Aids Accountability and Justice” (also available in Ukrainian)Oona A. Hathaway’s Just Security article (with Madeline Babin and Isabel Gensler) “New Report Documents Russia’s Systematic Program of Coerced Adoption and Fostering of Ukraine’s Children”Just Security’s Russia-Ukraine War coverageJust Security’s International Criminal Court coverageJust Security’s International Law coverageNobel Peace Prize 2022 announcement and Oleksandra’s websiteMusic: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)

Among the many war crimes and crimes against humanity committed during Russia’s full-scale invasion of Ukraine are large-scale efforts to deport Ukrainian children to Russia. Thousands of children have already been taken to Russian camps and facilities, leading the International Criminal Court to issue arrest warrants for two senior Russian officials, including Russian President Vladimir Putin, in March 2023. Despite the arrest warrants, the deportations have continued. A new report from the Yale School of Public Health Humanitarian Research Lab identified 314 individual Ukrainian children that Russian officials transferred from Ukraine to Russia for coerced adoption and fostering, acts that likely constitute grave violations of international law. What are the report’s key findings? And how might they contribute to efforts toward accountability, including potential new criminal charges against Russian officials? Joining the show to discuss the report are Oona Hathaway and Nathaniel Raymond. Oona is a Professor at Yale Law School and an Executive Editor at Just Security. Nathaniel is the Executive Director of the Humanitarian Research Lab and a Lecturer in the Department of the Epidemiology of Microbial Diseases at the Yale School of Public Health. Show Notes:  Nathaniel Raymond (@nattyray11)Oona A. Hathaway (@oonahathaway)Paras Shah (@pshah518) Oona’s Just Security article (with Madeline Babin and Isabel Gensler) “New Report Documents Russia’s Systematic Program of Coerced Adoption and Fostering of Ukraine’s Children”Just Security’s Russia-Ukraine War coverageJust Security’s International Criminal Court coverageJust Security’s International Law coverageMusic: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)

On November 22, the United Nations General Assembly’s legal arm, the Sixth Committee, adopted a resolution paving the way for negotiations on a first-ever treaty on preventing and punishing crimes against humanity. The resolution comes after years of impasse and after Russia and a handful of other countries dropped amendments that could have derailed the process at the last-minute. Crimes against humanity are those committed as part of a large-scale attack on civilians and include acts such as murder, rape, imprisonment, enforced disappearances, sexual slavery, torture and deportation. To be considered a crime against humanity, a violation doesn’t necessarily have to occur during an active war. And while crimes against humanity are covered by the International Criminal Court, nearly 70 countries are not members of the Court, which creates a gap in fully prosecuting these crimes in countries from Sudan to Syria to Myanmar. What can we expect next as States prepare for negotiations, and how might a future crimes against humanity treaty close the impunity gap?  Joining the show to unpack the developments on the crimes against humanity treaty are Akila Radhakrishnan and Leila Sadat.  Akila is an international human rights lawyer and gender-justice expert, who currently serves as the Strategic Legal Advisor for Gender Justice for the Atlantic Council’s Strategic Litigation Project. Leila is the James Carr Professor of International Criminal Law and longtime Director of the Whitney R. Harris World Law Institute at Washington University School of Law. Show Notes: Akila Radhakrishnan (@akila_rad)Leila Nadya Sadat (@leilasadat1)Paras Shah (@pshah518) Just Security’s Proposed Crimes Against Humanity Treaty coverageJust Security’s International Law coverageJust Security’s International Criminal Court coverageMusic: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)

Earlier this fall, three Pacific Island States – Vanuatu, Fiji, and Samoa – formally proposed adding ecocide as a crime that can be heard and punished by the International Criminal Court, which can currently try individuals for war crimes, crimes against humanity, genocide, and the crime of aggression.Any change to the ICC’s Rome Statute, particularly adding a new international crime, would require a massive level of diplomatic coordination and negotiation. But the future crime might hold individuals criminally accountable for severe environmental damage, such as massive oil or chemical spills or the destruction of rainforests. In the meantime, what does the ecocide proposal mean in practice? How might it potentially impact our understanding of ongoing destruction of the environment and the role of international criminal law? Joining the show to unpack the ecocide proposal are Naima Fifita, Rebecca Hamilton, and Kate Mackintosh.  Naima is a lawyer from Tuvalu. She is the Executive Director of the Institute for Climate and Peace. Bec is an Executive Editor at Just Security and a Professor of Law at American University. Kate is Executive Director of the UCLA Law Promise Institute Europe, and Deputy Co-Chair of the Independent Expert Panel on the Legal Definition of Ecocide.  Show Notes:  Naima FifitaRebecca Hamilton (@bechamilton) Kate Mackintosh (@Katemackintosh2)Paras Shah (@pshah518) Just Security’s expert round up article “Why Criminalize Ecocide? Experts Weigh In” Just Security’s Climate Change coverageJust Security’s International Law coverageJust Security’s International Criminal Court coverageMusic: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)

With the U.S. presidential election less than a week away, anxiety is high, both across the country and around the world. Many fear the rise of populism and the erosion of democratic norms. In over two centuries, the United States has had many presidents who pushed on the door of anti-democratic power, but it has also had people who pushed back. Ahead of the election, what lessons can we learn by looking to the past? Brown University political scientist Corey Brettschneider is one of the leading thinkers on presidential power. His recent book, The Presidents and the People: Five Leaders Who Threatened Democracy and the Citizens Who Fought to Defend It examines how John Adams, James Buchanan, Andrew Johnson, Woodrow Wilson, and Richard Nixon abused their power, and how citizens like Frederick Douglass, Ida B. Wells, and Daniel Ellsberg resisted and offered a more democratic understanding of the Constitution. Just Security Senior Fellow Tom Joscelyn sat down with Brettschneider to discuss the book and the lessons it offers for the election, the state of American democracy, and beyond.Here is Tom’s conversation with Corey Brettschneider. Show Notes: Corey Brettschneider (@BrettschneiderC)Tom Joscelyn (@thomasjoscelyn) Paras Shah (@pshah518) Corey’s book The Presidents and the People: Five Leaders Who Threatened Democracy and the Citizens Who Fought to Defend It published by W. W. Norton & CompanyJust Security’s “Democracy Backsliding” seriesJust Security’s 2024 Presidential Election coverageJust Security’s Democracy coverageJust Security’s Domestic Extremism coverageMusic: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)

For five years, Christopher Smith, a man with intellectual disabilities, was forced to work 100 hours per week at a South Carolina restaurant without pay. Smith faced verbal and physical abuse at the hands of his employer. Around the world, persons with disabilities like Smith face many modern forms of enslavement, from forced labor and begging to sexual exploitation and imprisonment by caregivers. While some of these crimes are prosecuted through national court systems, international criminal law can also play an important role in promoting accountability for grave crimes, including the crime of the slave trade. The Prosecutor of the International Criminal Court is formulating a new Slave Crimes Policy, which he hopes will be “survivor-centred, trauma-informed and gender-competent.”How can international law, and the new policy, best account for the unique needs and challenges persons with disabilities face regarding slavery crimes? Joining the show to unpack how slavery crimes impact persons with disabilities and what the international community can do in response are Janet Lord and Michael Ashley Stein. Janet is the Executive Director of the University of Baltimore School of Law’s Center for International and Comparative Law and a senior research fellow at the Harvard Law School Project on Disability. Michael is the co-founder and Executive Director of the Harvard Law School Project on Disability, and a Visiting Professor at Harvard Law School. Show Notes:  Janet E. LordMichael Ashley SteinParas Shah (@pshah518) Janet, Michael, Pace Schwarz, Matthew “Hezzy” Smith, Alex Green, and Rosemary Kayess’ Just Security article “Time for the International Criminal Court to Recognize Persons with Disabilities and the Slave Trade” Just Security’s Disability Rights coverageJust Security’s International Criminal Court (ICC) coverageJust Security’s International Law coverageHarvard Law School Project on Disability (HPOD) Music: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)