This week, Alan, Quinta, and Scott were reunited to celebrate Alan's gradual physical and mental decline, and to talk over the week in national security news, including:“Fear of Flying.” President Biden finally greenlit the transfer of F-16s to Ukraine, despite Russia’s warnings—just as the siege at Bakhmut signals a brutal new phase of the conflict. Is this the right move? Or is the risk of escalation too great?“Big Sky, Closed Borders.” Social media company TikTok is challenging a new Montana law barring its use in the state on a variety of constitutional grounds, including the First Amendment and foreign affairs preemption. Are there legal barriers to state efforts to regulate platforms like TikTok? Or does Montana have the better arguments?“Putting the ‘Err’ in Durham.” Special Counsel John Durham has released the final report of his investigation into the original of the FBI investigation into possible links between the Trump campaign and Russia. And while the report has some celebrating, it’s left many others scratching their heads.For object lessons, Alan shared his favorite birthday present: the brownie edge pan his wife got him. Quinta passed along a true D.C. story from a concert she saw the night before, involving The National and a former Deputy Solicitor General. And Scott recommended Patrick Weil's new book, “The Madman in the White House,” an eclectic biography of an eclectic biography: a psychoanalysis of Woodrow Wilson, written by Ambassador William Bullitt and Sigmund Freud, lost for more than seventy years and recently found. Here are links to some other pieces we mentioned in this episode:New York Times: "The Battle for Bakhmut"ClickHole: "Legal Bombshell: Mueller Flipped Trump’s Confidant’s Lawyer’s Friend’s Associate Gorpman (Who Could Testify Against Bleemer!) And It’s Not Even Lunchtime"
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The “Alan is One Year Closer to Death” Edition

A weekly discussion of national security and foreign policy matters featuring Lawfare senior editors Scott R. Anderson, Quinta Jurecic, and Alan Rozenshtein. Hosted on Acast. See acast.com/privacy for more information.

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This week, Alan and Quinta sat down with Lawfare Editor-in-Chief Benjamin Wittes to talk through the week’s big national security news, including:“Ayatollahs and Airstrikes.” In retaliation for an Israeli strike that killed several high-ranking Iranian military officers in Syria, over the weekend Iran launched a wave of drone and missile attacks against Israel. The vast majority of these were shot down by Israel and its allies, including notably Jordan, causing minimal injuries and damage in Israel. As Israel considers whether to respond, its American and European allies are putting pressure on it to deescalate. What’s Israel’s next move and can broader regional war be avoided?“Beginning of the end or just the end of the beginning?” It has been six months since Hamas’s attack on October 7 and the start of Israel’s war in Gaza, which appears to be entering a new, potentially lower-intensity phase. Israel has withdrawn most of its troops from southern Gaza, although it still argues that it needs to invade Rafah, on the border with Egypt, to defeat Hamas. Meanwhile, violence between Jewish settlers and Palestinians in the West Bank continues to increase. What’s next in the ongoing conflict?“What’s a little obstruction between friends?” Earlier this week, the Supreme Court heard oral argument in Fischer v. United States, a case challenging the government’s use of a common statute used to prosecute participants in the Jan. 6 attack on the Capitol. The six conservative Justices appeared skeptical of the government’s argument that a statute that makes it a crime to “obstruct any official proceeding” applies to physical disruptions. How is the Court likely to rule and how might such a ruling affect Donald Trump’s federal trial for trying to overthrow the 2020 election?For object lessons, Quinta recommended a throwing-the-wife-under-the-bus update in New Jersey's Senator Bob Menendez's ongoing legal troubles, and Alan and Ben both recommended excellent, if anxiety-inducing, national security themed movies: the recently released Civil War and the upcoming War Game. 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/c/trumptrials. Hosted on Acast. See acast.com/privacy for more information.

The “Trump and Elon Both Love Lawfare” Edition

This week, Alan and Quinta were joined again by Brookings Senior Fellow and Lawfare Senior Editor Molly Reynolds to talk over the week’s national security news, including:“The 702nd Time’s the Charm?” Section 702 of the Foreign Intelligence Surveillance Act was originally set to expire on December 31, 2023. But somehow, Congress has managed to keep kicking the can down the road—and we’re once again in the middle of an argument about whether and to what extent the legislature should reform the bulk surveillance authority. How did we end up here, and is there any indication that Congress will manage to pass a lasting reauthorization in some form this time around?“Magic Mike.” Speaker of the House Mike Johnson’s troubles don’t stop with FISA, however. He’s also tangled up in a prolonged dispute with his caucus over the U.S. aid to Ukraine—which is becoming a matter of rapidly increasing urgency, with Ukrainian President Volodymyr Zelensky warning that his country “will lose the war” if the aid is not approved. Johnson now says he’ll put his own aid package on the table, still tying that aid to another tranche of aid to Israel. But will the House actually vote this time, or is this just another head fake?“Finally, We Can Talk About Linux.” A few weeks ago, a single software engineer alerted the world to an alarming discovery: malicious code inside a key piece of Linux software that, had it gone undetected, could have caused a catastrophic cyberattack. What on earth actually happened here? And what could stop it from happening again?For object lessons, Alan recommended an adorable giraffe growth chart for keeping track of your child's height. Quinta took a cue from Molly and endorsed a podcast by a local NPR affiliate—“Lost Patients,” a series about mental health care from KUOW and the Seattle Times. And Molly shared a story about misprinted pens from the Clinton impeachment trial, as told in Peter Baker’s book "The Breach." Other references from this week’s show:A chart explaining how dark it gets during a total solar eclipseBruce Schneier’s Lawfare article about the XZ Utils backdoor
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The "Eldritch Portents" Edition

This week, Alan and Quinta were joined by Lawfare Executive Editor Natalie Orpett to talk through the week's big national security news, including:“A Gag Order Prevents Me From Telling You What This Segment Is Called.” After former President Donald Trump attacked the daughter of Justice Juan Merchan, who is overseeing his New York hush-money trial, Justice Merchan expanded the gag order he had previously imposed to prohibit Trump from attacking his family. This is only the latest in what has become a pattern of Trump testing gag orders in his many legal cases. Why have gag orders become such an important part of the Trump cases and how far should they reach?“The Global Importance of the Middle East Is That It Keeps the Far East and the Near East From Encroaching on Each Other.” Even by the standards of the last few months, it’s been a particular busy week in Israel. In just 48 hours, an Israeli strike in Syria killed high-level Iranian military officials, another strike in Gaza killed several aid workers in a World Central Kitchen convoy, and a controversy around conscripting ultra-Orthodox men into the IDF is threatening Benjamin Netanyahu’s coalition. What comes next and is the crisis in the Middle East entering an even more chaotic period?“Disinformation Peking Turducken.” An amazing thread on X involving Alex Jones, Russian lies about the CIA sending Nazis to fight in Ukraine, and a Chinese MAGA disinformation campaign is a preview of just how messy the 2024 electoral season is going to be. Is this just 2016 all over again, and what, if anything, can be done to safeguard the U.S. information space against foreign actors?For object lessons, Alan suggested the new Netflix adaptation of the "3 Body Problem", Quinta shared a New Yorker article about the United Kingdom's recent decline, and Natalie recommended the Serial podcast's new season on Guantánamo Bay. 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/c/trumptrials. Hosted on Acast. See acast.com/privacy for more information.

The “Going Once, Going Twice” Edition

This week, Alan and Quinta were joined again by Lawfare Managing Editor Tyler McBrien and Lawfare Foreign Policy Editor Daniel Byman—also of Georgetown University and the Center for Strategic and International Studies— to talk over the week’s national security news, including:“Terror in Moscow.” On Friday, March 22, a group of gunmen unleashed an attack on a concert hall outside Moscow that killed over 130 people, shooting into a crowd of concertgoers before setting the hall on fire. The Islamic State in Khorasan, the Afghanistan branch of ISIS known as ISIS-K, quickly claimed credit for the attack, and Russian authorities have arrested four suspects. The Kremlin, without evidence, has also continued to hint that Ukraine is somehow responsible. What does the attack tell us about ISIS-K, and what does it mean for the Russian government?“April, Come She Will.” After a brief delay, Donald Trump’s hush money trial in Manhattan has been scheduled to begin on April 15—the first of Trump’s criminal cases to go to trial. Meanwhile, a New York appeals court threw Trump a lifeline, reducing his appeal bond in the civil fraud case against him from half a billion dollars to $175 million. Will ol’ Donny Trump be able to wriggle out of this jam once again?“Come On, Aileen.” Judge Aileen Cannon is at it again down in Fort Pierce, Florida. As she presides over Trump’s classified documents case, motions are piling up on her desk without any sign of a ruling, and she issued a strange, convoluted order instructing both parties to “engage with” potential jury instructions reflecting unusual readings of the Presidential Records Act in relation to the Espionage Act. Just what is Judge Cannon doing? And how, if at all, can Jack Smith respond? For object lessons, Alan endorsed the podcast “Next Year in Moscow,” on Russians living in exile who departed their country after the beginning of Putin’s war with Ukraine. Tyler sang the praises of Waxahatchee’s new album “Tigers Blood.” And Quinta recommended a reflection on Baltimore’s collapsed Francis Scott Key Bridge. Hosted on Acast. See acast.com/privacy for more information.

A Terrorism Briefing from a Goldendoodle

This week, Alan and Quinta were joined by Lawfare Managing Editor Tyler McBrien and Lawfare Legal Fellow and Courts Correspondent Anna Bower to talk through the week's big national security news, including:“No v. Wade.” The long saga of the personal relationship between Fani Willis, the Fulton County District Attorney prosecuting Donald Trump for election interference, and Nathan Wade, the prosecutor Willis put in charge of the case, hit an inflection point when Judge Scott McAfee, who is overseeing the criminal case, ruled that, though there was no actual conflict of interest, “the appearance of impropriety remains,” and ordered Willis to either recuse herself from the case or to remove Wade from his role as prosecutor. Wade promptly resigned, clearing the way for the case to continue. Is this the right resolution to the controversy, and what does it say about the future of the Fulton County case, especially if Trump appeals and tries to force Willis’s disqualification?“Pleading the Fifth…Circuit.” In a sign that even the conservative Justices of the Supreme Court may be losing patience with the Fifth Circuit, Missouri received a chilly reception in oral argument on Monday when it tried to defend a circuit opinion preventing the government from virtually any communication with social media companies about removing misinformation and harmful content. How is the Supreme Court likely to rule and what should the rule be when it comes to concerns around government “jawboning.”“Psy-Oops.” Reuters has reported that, during the Trump administration, the CIA engaged in an influence operation on Chinese social media to spread negative information about Xi Jinping and other Chinese leaders. Was it effective, was it a good idea, and what should U.S. intelligence priorities be with regard to China?For object lessons, Quinta shared a wild story about a pro-Trump lawyer arrested on a bench warrant while in court. Alan recommended a new Guy Ritchie show. And Tyler shared Quinta's brilliant visual aid to understanding Trump's litigation delay tactics. Hosted on Acast. See acast.com/privacy for more information.

The “Alan is One Year Closer to Death” Edition

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