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The Just Security Podcast

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Jul 12, 2023 • 21min

Recapping the NATO Summit

Today, July 12, the leaders of NATO member countries are wrapping up a summit in Vilnius, Lithuania. The meeting opened as Turkey’s President Recep Tayyip Erdogan ended his opposition to NATO membership for Sweden, and as President Biden said Ukraine still needs to take steps before it can join the Alliance. Biden further said Ukraine shouldn’t be admitted while Russia’s invasion continues because that would pit the Alliance directly against Russia.In 2008, Alliance members vaguely promised that Ukraine could join NATO, but left the timing unspecified. Meanwhile, Ukrainian President Volodymyr Zelenskyy has made it clear he believes his country deserves membership, particularly as it fights for its survival against Russian aggression and defends democratic values.But the agreement NATO members reached this week only offers Ukraine membership “when allies agree, and conditions are met,” though the Alliance did put together a package of weapons and security assurances in the meantime.To discuss the summit and unpack its implications, we have Ambassador Daniel Fried. During his 40 years in the foreign service, Ambassador Fried played a central role in implementing U.S. policy in Europe after the fall of the Soviet Union. In several senior roles including, Assistant Secretary of State for Europe, Ambassador Fried helped craft the policy of NATO enlargement to Central European countries and NATO-Russia relations. Earlier, he served as the U.S. Ambassador to Poland. He is currently the Weiser Family Distinguished Fellow at the Atlantic Council, which co-hosted a public forum with other think tanks as part of the NATO summit.  Show Notes: Ambassador Daniel Fried (@AmbDanFried) Viola Gienger (@ViolaGienger)Ambassador Fried’s Just Security article previewing the NATO Summit Just Security’s NATO coverageJust Security’s Russia-Ukraine war coverageMusic: “The Parade” by “Hey Pluto!” from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)Music: “Underworld” by “Revo” from Uppbeat: https://uppbeat.io/t/revo/underworld (License code: MWDRAARUCSZNLOLV)
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Jul 8, 2023 • 19min

Free Speech and Content Moderation in Missouri v. Biden

On July 4th a federal judge restricted the Biden administration from contacting social media companies about their content moderation policies. The court found that federal agencies, including the Department of Health and Human Services and the FBI, could not flag specific posts to social media platforms like Facebook and Twitter to encourage them to remove content. Though the order provides exceptions for the government to contact or notify social media companies about posts that involve crimes, national security threats, foreign attempts to influence elections, and other similar risks to public safety.While an appeal in the case, Missouri v. Biden, is pending, the decision is a major development in the legal fight over online speech and the First Amendment. Some elected Republicans have accused social media sites like Facebook, Twitter, and YouTube of disproportionately silencing conservative viewpoints, while others argue that content moderation is necessary to prevent the spread of misinformation and hate speech. To unpack the initial decision in Missouri v. Biden, and what it means for the First Amendment and online speech, we have Mayze Teitler. Mayze is a Legal Fellow at the Knight First Amendment Institute where they focus on the surveillance of incarcerated people, spyware, and government transparency. Show Notes: Mayze Teitler (@amteitler)Knight First Amendment Institute (@knightcolumbia) Judge Doughty’s preliminary injunction order in Missouri v. BidenLeah Litman and Laurence Tribe’s Just Security article analyzing the decision Music: “The Parade” by “Hey Pluto!” from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)Music: “The Air We Breathe” by Apex Music from Uppbeat: https://uppbeat.io/t/apex-music/the-air-we-breathe (License code: W8V6DMNKHYYQ26Y8)
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Jul 5, 2023 • 19min

Climate Change and Disability Rights

From massive floods, to sweeping hurricanes, to raging wildfires, climate disasters seem constant. Last November, the United Nation’s climate conference, COP 27, grabbed global headlines when countries reached a historic deal to compensate vulnerable countries for loss and damage from climate change. It’s easy to see the scale of that loss and damage. Lives are lost, cultural sites disappear, and infrastructure like roads and bridges are destroyed. But other aspects of climate change and its impact remain hidden from view. For people with disabilities, climate disasters can mean being abandoned by family and friends. And accessibility barriers can mean people with disabilities lack equal access to basic needs, like food and shelter. People with disabilities are the world’s largest minority. And disability doesn’t discriminate – anyone can acquire a disability at any time, no matter who they are or where they live. Creating inclusive disaster and climate response benefits all of us.  To explain how climate disasters impact people with disabilities, and how response systems can be improved, we have Professor Michael Ashely Stein.Dr. Stein is the co-founder and Executive Director of the Harvard Law School Project on Disability, and a Visiting Professor at Harvard Law School. He is an expert on disability law and policy and was active in the drafting of the U.N.’s Convention on the Rights of Persons with Disabilities. Show Notes:  Michael Ashley SteinHarvard Law School Project on Disability (HPOD) Just Security’s coverage of COP27 and climate change18:05 NYU’s American Journalism Online ProgramMusic: “The Parade” by “Hey Pluto!” from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)Music: “Moving” by Brock Hewitt from Uppbeat: https://uppbeat.io/t/brock-hewitt-stories-in-sound/moving (License code: 6SUZDR0XMAYULP1B)
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Jun 23, 2023 • 28min

The Proud Boys’ Attack on Pride

As the investigations and trials related to the January 6th attack on the U.S. Capitol continue, convictions and sentences have piled up. More than half of those arrested have pleaded guilty, and among those convicted at trial, are leaders of the Oath Keepers and the Proud Boys.Though these groups became famous for their roles in the January 6th attack, they were active long before efforts to “Stop the Steal.” The Proud Boys, in particular, are on a mission to undermine the rights of queer and trans people across the country. But how have they gone from the insurrection to protests at drag shows? Insight from the hours of depositions and expert statements collected during the January 6th Committee’s investigation show a direct line from the Capitol attack to the Proud Boy’s current views on gay and trans rights. Because, for groups like the Proud Boys, that tout what they call “western chauvinist” values, securing Donald Trump’s seat in the White House was just part of preserving a power structure that depends on narrow constructions of gender and family structure. It’s a power structure that harms those who don’t fit into the mold of a Proud Boy.To walk us through how anti-LGBTQ views fit into the Proud Boys’ ideology, we have Jacob Glick. Jacob is a Policy Counsel at the Institute for Constitutional Advocacy and Protection at Georgetown Law. As an Investigative Counsel on the January 6th Committee, Jacob interviewed Proud Boys members for dozens of hours and heard their views directly.  Show Notes: Jacob Glick (@jhglick)Georgetown Law’s Institute for Constitutional Advocacy and Protection’s (ICAP) Pride GuidanceJust Security’s compilation of Expert Statements on Democracy and Political Violence, submitted to January 6th CommitteeMary McCord and Jacob’s Just Security article on anti-democracy schemes and paramilitary violence and Mary’s articleanalyzing seditious conspiracy charges Just Security’s January 6th Clearinghouse27:00 NYU’s American Journalism Online ProgramMusic: “The Parade” by “Hey Pluto!” from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)Music: “Lion’s Roar” by “Yeti” from Uppbeat: https://uppbeat.io/t/yeti-music/lions-roar (License code: KKOXDIKNIPMGNR2U)
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Jun 10, 2023 • 28min

An Insider View of Trump's Second Indictment

On Friday, June 9, a federal court in Florida unsealed an indictment charging former President Donald Trump with willfully retaining national defense information, refusing to return it, and obstructing related investigations. The 38 counts allege that Trump violated the Espionage Act, conspired to obstruct justice, withheld and hid documents, and caused false statements to be made to federal investigators and a grand jury.Espionage Act cases are complex and important. They often require prosecutors to balance the need to protect sensitive intelligence information from being disclosed at trial with a defendant’s constitutional and due process rights not to be convicted by secret evidence. And disclosure of classified information can expose critical sources and methods of intelligence, including human sources, to harm.Joining us to explain how Espionage Act prosecutions work, and what to expect in Trump’s case, is David Aaron. David is a Senior Counsel at the Washington, D.C., and New York offices of the law firm Perkins Coie. Before joining private practice, David was a prosecutor with the Justice Department’s National Security Division. He’s prosecuted Espionage Act violations and has seen how the process works from the inside. Show Notes: David AaronRyan Goodman (@rgoodlaw)David’s Just Security article on the Classified Information Procedures Act Tess Bridgeman and Brianna Rosen's Just Security article on the national security implications of the indictment Just Security’s Espionage Act coverageMusic: “The Parade” by “Hey Pluto!” from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)Music: “Covert Affair” by Kevin MacLeod from Uppbeat: https://uppbeat.io/t/kevin-macleod/covert-affair (License code: Z20AS7IAZ04VZZBR)
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Jun 2, 2023 • 20min

The Classification Process Declassified

From Donald Trump to Joe Biden, presidents have made a lot of news for keeping classified documents in their homes and offices. Presidential classification and declassification is a mysterious process that often unfolds away from public view. President Trump even famously claimed that he could declassify a document just by thinking about it.Trump's comments raised an important question: What exactly is the process for presidents to classify and declassify information? The answer matters because classified documents can contain some of the United States’ most closely guarded secrets, including the location and identities of intelligence sources abroad. Declassification is equally important for promoting government accountability, and helping the public understand government policies and actions. To help us understand how the presidential classification and declassification process works in practice, we have Brian Greer and Wendy Leben. For nearly a decade, Brian was an attorney in the CIA's Office of General Counsel. And Wendy was a senior intelligence analyst in the Department of Defense for 13 years, including seven deployments to Iraq and Afghanistan. Show Notes: Brian Greer (@secretsandlaws)Wendy LebenBrian and Wendy’s Just Security article analyzing U.S. government classification and declassification processesJust Security’s classified information coverage19:20 NYU’s American Journalism Online ProgramMusic: “The Parade” by “Hey Pluto!” from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)Music: “Backed Vibes” by Kevin MacLeod from Uppbeat: https://uppbeat.io/t/kevin-macleod/backed-vibes (License code: K8XOQNJSNLOU5C8G) 
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May 17, 2023 • 38min

FISA Section 702 Reauthorization

This year, a key U.S. national security law is set to expire. Section 702 of the Foreign Intelligence Surveillance Act has many moving parts, but the gist is that it allows the government to collect the communications of foreigners who are abroad, to gain foreign intelligence information, including when those people communicate with Americans inside the United States. And it can do that without a warrant. In practice, this means that intelligence agencies can order email services, like Google and Yahoo, to hand over copies of the messages of targeted foreigners to intercept the phone calls, texts, and internet communications to or from a foreign target.In the past, reauthorization by Congress was pretty much routine, and some new modifications and procedural safeguards have been added over the years. But this year could be different. A series of recent government reports and court opinions have shown extensive use of Section 702 as a domestic surveillance tool by the FBI. There have been numerous incidents of FBI agents pushing, and sometimes breaking, legal limits on accessing the data of Americans that is “incidentally” collected as part of a Section 702 search. Politics are also at play. Some members of Congress, including House Judiciary Committee Chairman Jim Jordan, have said they oppose reauthorization. To understand how the Biden administration is thinking about the Section 702 reauthorization, Just Security’s Co-Editor-in-Chief Tess Bridgeman sat down with Chris Fonzone and Josh Geltzer. Chris is the General Counsel of the Office of the Director of National Intelligence and Josh is Deputy Assistant to the President and Deputy Homeland Security Advisor at the National Security Council. Show Notes:Chris FonzoneJosh GeltzerJust Security’s FISA Section 702 coverage36:55 NYU’s American Journalism Online ProgramMusic: “The Parade” by “Hey Pluto!” from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX) Music: “Eyes Closed” by Tobias Voigt from Uppbeat: https://uppbeat.io/t/tobias-voigt/eyes-closed (License code: XTRHPYM1ELYU8SVA) 
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May 12, 2023 • 33min

A New Era for U.S. Asylum?

This week a U.S. public health measure known as Title 42 came to an end. The U.S. is supposed to allow people fleeing persecution to seek asylum. But Title 42 allowed the Department of Homeland Security to turn away asylum-seekers if detention centers lacked the room to hold them during the asylum vetting process. The policy made it difficult for migrants to even apply for asylum in the first place. They would often be released back into Mexico. But now, the old rules are back in place, and thousands of asylum seekers who have been stuck in limbo are poised to seek asylum again.The Biden administration is also rolling out a new set of policies designed to address asylum claims before migrants physically reach the U.S. border. It’s created a mobile app which people can use to schedule an appointment with immigration officials and the State Department is working on plans to open regional processing centers throughout the Western hemisphere.  The new measures could upend a simple idea at the heart of a complex immigration system: that people fleeing violence and persecution have the chance to find refuge in the United States. That change has massive implications for those who live in the U.S. and those trying to reach it.  To help us understand the end of Title 42 and what comes next we have Adam Cox, Michelle Hackman, and Cristina Rodriguez. Michelle is a reporter who covers immigration at the Wall Street Journal. Adam and Cristina are law professors at NYU and Yale respectively. They wrote a book called “The President and Immigration Law.”  Show Notes: Adam Cox (@adambcox) Michelle Hackman (@MHackman)Cristina Rodríguez (@cmrodriguez95)Adam and Cristina’s Just Security article analyzing the end of Title 42Just Security’s asylum coverageMichelle’s Wall Street Journal reporting  32:18 NYU’s American Journalism Online ProgramMusic: “The Parade” by “Hey Pluto!” from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)
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May 5, 2023 • 34min

A Guilty Verdict in the Proud Boys Trial

On May 4, 2023, a jury in Washington, D.C. found four Proud Boys leaders, including former Chairman Enrique Tarrio, guilty of seditious conspiracy for their roles in the January 6th attack on the U.S. Capitol. The Proud Boys were the “tip of the spear” in planning and carrying out the January 6th attack. They tried to prevent the peaceful transfer of power from Donald Trump to Joe Biden. To help us understand what the verdict means, what’s missing, and what comes next, we have Tom Joscelyn and Mary McCord. Tom was a senior staff member on the House January 6th Committee and a lead drafter of its final report. He is a Non-Resident Senior Fellow at the Reiss Center on Law and Security at NYU School of Law. Mary is Executive Director of the Institute for Constitutional Advocacy and Protection and a Visiting Professor at Georgetown University Law Center. She previously held senior national security roles at the Justice Department. Mary is a member of Just Security’s Editorial Board.  Show Notes:  Tom Joscelyn (@thomasjoscelyn) Mary B. McCordTom’s Just Security article analyzing the conduct of some January 6th defendants Mary and Jacob Glick’s Just Security article on anti-democracy schemes and paramilitary violence and Mary’s articleanalyzing seditious conspiracy charges Just Security’s January 6 ClearinghouseJanuary 6th Committee final report33:20 NYU’s American Journalism Online ProgramMusic: “The Parade” by “Hey Pluto!” from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)
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May 2, 2023 • 33min

The Battle for Sudan

As fighting in Sudan enters its third week, rival generals have turned the country’s capital, Khartoum, into a warzone. Mohamed Hamdan, better known as Hemedti, and his paramilitary Rapid Support Forces are fighting with Abdel Fatah al-Burhan, who leads the Sudanese Armed Forces. For years, Burhan and Hemedti have wrestled for power and control of Sudan. But until now, they’ve been on the same side. In 2019, they teamed up to remove the country’s long-time President Omar al-Bashir from power. And in 2021, they toppled the civilian government for military rule. The latest fighting is a clash between two men, but it’s also the latest chapter in Sudan’s long fight for freedom. To help us understand the conflict, what it means for the people of Sudan, and how it will impact the region, we have Quscondy Abdulshafi, Suliman Baldo, and Rebecca Hamilton. Quscondy is a Senior Regional Advisor at the nonprofit organization Freedom House. He has over a decade of experience working on human rights and peacebuilding in Sudan and East Africa. Suliman is the Executive Director of the Sudan Transparency and Policy Tracker, an organization that develops investigation and analysis of corruption in Sudan, led by Sudanese voices. Rebecca is a law professor at American University. But before that, she covered Sudan as a reporter for the Washington Post. Rebecca is also a member of Just Security’s Editorial Board. Show Notes: Quscondy Abdulshafi (@Qabdulshafi)Suliman BaldoRebecca Hamilton (@bechamilton)Sudan Transparency and Policy TrackerSuliman’s Just Security article on how the international community can respond to the conflictJust Security’s Sudan coverage32:35 NYU’s American Journalism Online ProgramMusic: “The Parade” by “Hey Pluto!” from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)Music: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)

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