Show Notes
This week, Scott sat down with his Lawfare colleagues Managing Editor Tyler McBrien and Senior Editors Anna Bower and Michael Feinberg to talk through the week’s big news in national security, including: “Third Country’s the Charm.” On Tuesday, the Supreme Court cleared the way—for the third time—for the Trump administration to resume deporting migrants to “third countries” with which they have no connection, staying a lower court ruling that found the policy unlawful and agreeing to hear the case on the merits in December. The decision comes days after the administration quietly flew a group of Somali men—some with no criminal records, who had been held at Guantánamo Bay for a month after being told their plane was only stopping in Cuba to refuel—to Mogadishu, on a flight that departed hours after an appeals court made clear the third-country removal policy was blocked. It also comes as lower courts are increasingly finding the administration in contempt for violating their orders in deportation cases, and as the full D.C. Circuit weighs whether Judge James Boasberg can continue his contempt inquiry into last year’s Alien Enemies Act flights. What does this pattern tell us about the administration’s relationship with the courts? And how far it is willing to push its immigration agenda? “Here Comes the Bribe.” Last week, ProPublica revealed that, by late 2024, FBI anti-corruption agents believed they had enough evidence to seek a sweeping bribery investigation stemming from a defense contractor’s illegal donations to Maine Senator Susan Collins and other members of Congress—only for the probe to die when the Trump administration gutted the FBI and Justice Department units that handle public corruption cases. Collins denies any wrongdoing and has called the contractor a liar, but the story has become a central issue in her tight reelection race. It’s also just the latest in a string of stories raising questions about public integrity in and around the Trump administration, from the Putin-linked Russian oligarch that secretly bankrolled Donald Trump Jr.’s wedding, to the Kash Patel- and Todd Blanche-studded wedding of former U.S. Attorney Alina Habba to a Turkish businessman with close ties to the Erdoğan government—with mixed martial arts manager Abdelaziz Ali, a former FBI source and suspected double agent, in attendance. What does the Collins story tell us about what happens when no one is minding the store on public corruption? And how worried should we be about who is buying access to the president’s inner circle? “Manufactured Content.” President Trump escalated his war on the press this month, banning CNN, MS NOW, and Politico from the White House and having the Secret Service seize their reporters’ press passes over what he described as years of unfair coverage. A federal judge has since temporarily ordered their access restored, finding the ban likely violated their due process rights. But the White House isn’t just restricting who gets to tell its story—it’s also paying to tell its own, launching a series of taxpayer-funded TV ads that feature President Trump and closely track his campaign messaging, including one nearly identical to a 2024 campaign spot, just weeks before the midterms. The White House insists these are merely public service announcements. Is the administration breaking longstanding norms in an effort to take control of the narrative? And are there any legal limits that might stop it? In object lessons, Mike has two cautionary tales about tech appeal: “When We Cease to Understand the World” and “The Maniac.” Tyler is embracing sexy technical gear with a recommendation of Field Mag. Scott is returning to an old favorite that just understands him: “Fantasy Football Punishments for Your Work League that Violate the Geneva Convention.” And Anna is delighted by a more cutthroat side of cutting-edge: the National Havoc Robot League. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See
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This week, Scott sat down with his Lawfare colleagues Editor in Chief Benjamin Wittes; Contributing Editor and Vice President of Research, Security and Defense at the Chicago Council on Global Affairs Ariane Tabatabai; and Contributing Editor and Managing Director of the S. Daniel Abraham Center for Middle East Peace Joel Braunold, to talk through the week’s big international news stories, including: “Pick Me, Bibi, One More Time.” Israelis head to the polls next Tuesday, October 27, in an election widely seen as a referendum on Prime Minister Benjamin Netanyahu—held just weeks after the third anniversary of the October 7 attacks, which Netanyahu has steadfastly refused to submit to an independent state commission of inquiry. Polls show his Likud trailing former IDF chief of staff Gadi Eisenkot’s new Yashar party, with neither Netanyahu’s bloc nor the opposition anywhere near the 61 seats needed to govern. Netanyahu has scrambled for a late boost, including by securing a “Complete and Total Endorsement” from President Trump, who suggested that if Israelis choose anyone else, he may not be inclined to “finish the job” against Iran. Is this finally the end of the Netanyahu era? And what would a new government—or a hung Knesset—mean for Israel’s wars and its relationship with Washington? “Crude Awakening.” U.S.-Ukraine relations have hit perhaps their lowest point of the second Trump administration. In the aftermath of President Trump’s deal with Russian President Vladimir Putin easing U.S. sanctions on Russian diesel exports, Trump told Ukraine it had “better damn well stop” striking Russian oil refineries and even called on Ukrainians to replace President Volodymyr Zelensky. Kyiv, meanwhile, says U.S. intelligence sharing was briefly cut off and its Starlink access throttled—just as Russia launched some of its largest drone barrages of the war. Ukraine initially respected Trump’s call to pause attacks on Russia’s diesel refineries but, after Russia did not reciprocate, resumed long-range strikes on Russian energy infrastructure. Now Putin is reportedly floating a summit next month with Trump and Chinese President Xi Jinping to decide Ukraine’s fate—without Zelensky at the table. Is Trump actively switching sides? And can Ukraine sustain its momentum on the battlefield if Washington keeps pulling the rug out from under it? “French Toast.” France is reeling after a weekend of some of the worst unrest it has seen in years. What began in mid-September as student protests over overcrowded classrooms and teacher shortages has snowballed into a nationwide movement against the rising cost of living, joined by unions, farmers, and veterans of the “Yellow Vest” movement. On Saturday, more than half a million people marched across the country—before the day degenerated into rioting, looting, and arson, with roughly 1,800 people ultimately getting arrested. President Emmanuel Macron has blamed far-left “insurrectionist elements,” while his would-be successors are already trading blame with an eye on next spring’s presidential election – one in which Marine Le Pen’s far-right National Rally is currently the frontrunner. What’s driving the unrest? And who stands to benefit politically as France heads toward 2027? In object lessons, Ben issues an enlightened apology to our neighbors to the north. Ari is sailing through her free time with Sleeping Gods. Scott is teaching his kids how to kick it old school in a new way. And Joel, somehow, in a way only Joel can, finds a patriotic message in this age-old battle for devotees and how you spend your weekends. 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/lawfare-institute. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
For today’s episode, Lawfare’s Renée DiResta sits down with Riana Pfefferkorn, a policy fellow at the Stanford Institute for Human-Centered Artificial Intelligence, and Cyndie Demeocq, a doctoral researcher at the University of Edinburgh’s School of Informatics, to discuss their new research examining how existing federal criminal law applies to AI-generated child sexual abuse material (CSAM), and what 71 federal prosecutions reveal about the legal issues created by generative AI. Together, they unpack the Seventh Circuit’s recent decision in United States v. Anderegg; the First Amendment distinctions between real, AI-manipulated, and wholly synthetic imagery; and why the authors argue that existing criminal statutes are proving more effective than public debate suggests. They also discuss what the prosecution data can—and cannot—tell us about the scale of the problem, and how policymakers should approach defining the responsibilities of AI developers, platforms, and safety researchers. Please note that this episode contains content that some people may find disturbing, including conversation about child sexual abuse material. Listener discretion is advised. 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/lawfare-institute. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
With the rise of AI-driver cybersecurity incidents, the conversation on how to monitor and assess these incidents is increasingly on the rise. Lawfare Senior Editor Kevin Frazier sits down with Asad Ramzanali, the Director of Artificial Intelligence & Technology Policy at the Vanderbilt Policy Accelerator. The two discuss the creation of a Cyber Safety Review Board, a mechanism based on the National Transportation Review Board designed to independently monitor cybersecurity incidents; how it would monitor incidents; and what advantages it would have over current independent monitoring firms.
On October 20 at 9 a.m. ET, Lawfare Editor in Chief Benjamin Wittes sat down with Senior Editors Molly Roberts and Roger Parloff to discuss the October 19 hearing over President Trump's renovation plans at East Potomac Park. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
Jimmy Rushton of the Kyiv Independent and Anastasiia Lapatina, Lawfare’s Ukraine fellow, join Editor in Chief Benjamin Wittes to discuss the latest news from Kyiv: the grave rupture in U.S.-Ukrainian relations, reported breaks in intelligence sharing and in Ukrainian access to Starlink, the Russian assault on Ukrainian energy infrastructure, and the impending arrival of winter. 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/lawfare-institute. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.