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The Just Security Podcast

The Just Security Podcast

Just Security is an online forum for the rigorous analysis of national security, foreign policy, and rights. We aim to promote principled solutions to problems confronting decision-makers in the United States and abroad. Our expert authors are individuals with significant government experience, academics, civil society practitioners, individuals directly affected by national security policies, and other leading voices.

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Russia's Political Prisoners and Their Lawyers: Vladimir Kara-Murza's Case Highlights the Risks

Vladimir Kara-Murza is one of Russia?s most famous political prisoners. He is a longtime opposition leader and prominent guest columnist for The Washington Post who was poisoned twice in incidents that are widely attributed to the Kremlin. And yet, like another famous opposition leader currently imprisoned in Russia, Alexei Navalny, Vladimir Kara-Murza was determined to return to his homeland to continue his human rights work after recovering from attempts on his life. In April 2022, Russian authorities arrested him and charged him with ?high treason.? He was eventually sentenced to 25 years in prison. 

In late January, Vladimir?s wife, Evgenia, reported that he had been moved from his prison and that his whereabouts were unknown. Though he has now resurfaced at a new prison in Siberia, Vladimir is being held in the strictest form of isolation and his situation remains dire. 

In Russia and other repressive countries, the situation is also dire for the lawyers trying to defend those political prisoners. The lawyers often face threats to their lives or threats of prosecution themselves simply for doing their jobs. 

Joining the show to discuss Vladimir Kara-Murza?s case, and the broader risks facing political prisoners and lawyers in Russia, are Vladimir?s wife, Evgenia Kara-Murza, and his lawyer for more than 10 years, Vadim Prokhorov. Evgenia is Advocacy Director of the Free Russia Foundation and has tirelessly advocated for the rights of her husband and other political prisoners in Russia, and Vadim has represented a range of Kremlin critics who?ve been targeted by the regime, including opposition politicians and anti-corruption campaigners. He was forced to flee Russia last April, just days before Vladimir?s sentence was handed down, because the prosecutor and the judge in the case threatened to prosecute him, too.

Show Notes: 

Evgenia Kara-Murza (@ekaramurza)Vadim ProkhorovVladimir Kara-Murza (@vkaramurza)Viola Gienger (@ViolaGienger)Paras Shah (@pshah518Free Russia FoundationThe American Bar Association?s Justice Defenders ProgramVadim?s Just Security article ?A Lawyer for Political Prisoners on Why He Fled Russia?Just Security?s Russia coverageJust Security?s Rule of Law coverageMusic: ?The Parade? by ?Hey Pluto!? from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)Music: ?Caravan? by ?Arend? from Uppbeat: https://uppbeat.io/t/arend/caravan (License code: QVHYMGIQGD5TGMEP)
2024-02-05
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How Should the World Regulate Artificial Intelligence?

From products like ChatGPT to resource allocation and cancer diagnoses, artificial intelligence will impact nearly every part of our lives. We know the potential benefits of AI are enormous, but so are the risks, including chemical and bioweapons attacks, more effective disinformation campaigns, AI-enabled cyber-attacks, and lethal autonomous weapons systems. 

Policymakers have taken steps to address these risks, but industry and civil society leaders are warning that these efforts still fall short. 

Last year saw a flurry of efforts to regulate AI. In October, the Biden administration issued an executive order to encourage ?responsible? AI development, in November, the U.K. hosted the world?s first global AI Safety Summit to explore how best to mitigate some of the greatest risks facing humanity, and in December European Union policymakers passed a deal imposing new transparency requirements on AI systems. 

Are efforts to regulate AI working? What else needs to be done? That?s the focus of our show today. 

It?s clear we are at an inflection point in AI governance ? where innovation is outpacing regulation. But while States face a common problem in regulating AI, approaches differ and prospects for global cooperation appear limited. 

There is no better expert to navigate this terrain than Robert Trager, Senior Research Fellow at Oxford University?s Blavatnik School of Government, Co-Director of the Oxford Martin AI Governance Initiative, and International Governance Lead at the Centre for the Governance of AI. 

Show Notes: 

Robert Trager (@RobertTragerBrianna Rosen (@rosen_br)Paras Shah (@pshah518) Just Security?s Symposium on AI Governance: Power, Justice, and the Limits of the LawJust Security?s Artificial Intelligence coverageJust Security?s Autonomous Weapons Systems coverageMusic: ?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)
2024-02-02
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ICJ Provisional Measures in South Africa v. Israel

On Friday, January 26, the International Court of Justice issued its Opinion granting provisional measures in South Africa?s genocide case against Israel.  At this early stage of the proceedings, the Court did not determine whether Israel?s conduct amounts to genocide ? that potential determination is left for what is known as the ?merits? phase of the case, which will likely occur years from now. 

Instead, today the Court held that Israel?s actions to minimize harm to civilians did not sufficiently remove the risk of irreparable harm and ordered Israel to take specific actions including refraining from acts under the Genocide Convention, preventing and punishing incitement to genocide and taking effective measures to allow for the provision of humanitarian assistance, among others. 

Joining the show to discuss the Court?s Opinion and its implications are law professors Adil Haque, Oona Hathaway, and Yuval Shany. They have each written extensively about the case and its potential impact, including on Just Security. 

Show Notes: 

Adil Ahmad Haque (@AdHaque110)Oona A. Hathaway (@oonahathawayYuval Shany (@yuvalshany1Paras Shah (@pshah518) Just Security?s South Africa v. Israel coverage  Just Security?s Israel-Hamas war coverageMusic: ?The Parade? by ?Hey Pluto!? from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)Music: ?The World Between Us? by Cory Alstad from Uppbeat: https://uppbeat.io/t/cory-alstad/the-wound-between-us (License code: GMVY1M06I3QWDKJJ)
2024-01-26
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A Human Rights Law Returns to Spark Debate on U.S. Arms Sales

This week, Vermont Senator Bernie Sanders used a little-known, decades-old law to force the Senate to vote on whether to request an investigation of potential human rights abuses by Israel in its war against Hamas. The obscure process that Sanders used is known as Section 502B of the Foreign Assistance Act. The law allows Congress to request a mandatory human rights report from the State Department on a specified country. And if the State Department does not provide a report within 30 days of the request, U.S. security assistance to the target country stops. 

While the resolution ultimately failed on January 16, it shows that Section 502B has the potential to become a powerful tool for forcing public discussion about alleged human rights and the United States? role in facilitating them. 

Joining the show to unpack how Section 502B works, along with its history and new efforts to use it, is John Chappell. John is an Advocacy & Legal Fellow at the Center for Civilians in Conflict (CIVIC). He?s an expert on Section 502B. 

Show Notes: 

John Ramming Chappell (@jwrchappellParas Shah (@pshah518) John?s Just Security article on Senator Sanders? Section 502B resolution Just Security?s arms sales coverageJust Security?s Congressional oversight coverageJust Security?s Israel-Hamas War coverageMusic: ?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)
2024-01-19
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Can the World Move Away from Fossil Fuels?

This year?s version of the U.N. climate meeting, or COP, concluded last week in the United Arab Emirates. Nearly 200 nations from around the world agreed to a historic deal to transition away from fossil fuels in a ?just, orderly and equitable manner? and leaders pledged $700 million in funds to address the loss and damage from climate change. 

But as with any global agreement, now comes the hard part of turning words on paper into reality as countries decide how to implement their new commitments. 

Joining the show to discuss the developments at COP28 and what comes next is Mark Nevitt. Mark is a professor at Emory Law School and an expert on climate change.

Show Notes: 

Paras Shah (@pshah518Mark P. Nevitt (@MarkNevitt) Mark?s Just Security article ?Assessing COP 28: The New Global Climate Deal in Dubai? Just Security?s COP28 coverageJust Security?s climate change coverageMusic: ?The Parade? by ?Hey Pluto!? from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)Music: ?Breathing Water (Solo Piano)? by Cedric Vermue from Uppbeat: https://uppbeat.io/t/cedric-vermue/breathing-water-solo-piano (License code: MH0XYFEO1YABWIMJ)
2023-12-22
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Disinformation and Threats Ahead of the 2024 U.S. Elections

The 2024 U.S. presidential election is less than a year away and the primary process starts in January.

The election will serve as a stress test for American democracy: Will candidates accept the results? Will voters? Are governments and social media platforms ready for a barrage of disinformation? And can election administrators maintain confidence in free and fair elections as they work with constantly shifting election laws, court rulings, and voter suppression efforts?

Joining the show to discuss how election administrators are preparing for 2024 and the risks they are confronting now is Allison Mollenkamp. Allison is a Fellow at Just Security and recently interviewed election officials from eight states around the country.  

Show Notes: 

Paras Shah (@pshah518Allison MollenkampAllison?s Just Security article ?America?s Election Officials Fight Disinformation and Death Threats Ahead of 2024?Just Security?s U.S. election protection coverageMusic: ?The Parade? by ?Hey Pluto!? from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)Music: ?Breathing Water (Solo Piano)? by Cedric Vermue from Uppbeat: https://uppbeat.io/t/cedric-vermue/breathing-water-solo-piano (License code: MH0XYFEO1YABWIMJ)
2023-12-19
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Toward a Goldilocks Deal on FISA 702 Surveillance Reform

On Monday, Dec. 4, 2023, the Reiss Center on Law and Security at NYU Law and Just Security co-hosted an expert discussion entitled ?Toward a Goldilocks Deal on Section 702 Surveillance Reform.? 

This Podcast episode is the audio from that discussion, which was co-moderated by Senior Counsel at Perkins Coie LLP and former Justice Department counterespionage prosecutor and FISA oversight attorney David Aaron and Just Security Co-Editor-in-Chief and former Deputy Legal Adviser to the National Security Council and Special Assistant to the President Tess Bridgeman.

The panelists were: Elizabeth (Liza) Goitein the Senior Director of the Liberty & National Security Program at the Brennan Center for Justice; Andrew McCabe the Former Acting Director and Deputy Director at the Federal Bureau of Investigation; and Mary McCord the Executive Director of the Institute for Constitutional Advocacy and Protection at Georgetown University Law Center. 

Show Notes: 

David Aaron (@davidcaaronTess Bridgeman (@bridgewriter)Elizabeth (Liza) Goitein (@LizaGoiteinAndrew G. McCabeMary B. McCordParas Shah (@pshah518) Just Security?s FISA Section 702 coverageReiss Center on Law and Security at NYU School of LawMusic: ?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) 
2023-12-05
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Protecting Civic Space at the U.N. Climate Talks

This week, world leaders, diplomats, climate activists, journalists, and fossil fuel executives will meet in Dubai for the United Nations? annual Climate Change Conference. While many discussions will build on last year?s COP, where nations agreed to fund loss and damage from climate change, another focus will be on who is sidelined from the discussions. 

The United Arab Emirates has reportedly hired an army of public relations experts to help manage its reputation during the two-week event and to keep international attention away from its crackdown on civic space. Meanwhile, some of the world?s largest democracies, including governments that have traditionally championed human rights, lack a clear vision for protecting civic space in the climate talks, even though Indigenous communities, social justice movements, and human rights defenders are at the forefront of fighting climate change.

Joining the show to discuss the role of civil society at COP 28 is Kirk Herbertson. Kirk is a Senior Policy Advisor at EarthRights International, a nonprofit organization that ?combines the power of law with the power of people in defense of human rights and the environment.? 

Show Notes: 

Kirk Herbertson (@KirkHerbertsonParas Shah (@pshah518) Kirk?s Just Security article ?To Avert Climate Crisis, Democracies Need to Protect Civic Space?Just Security?s climate change coverageJust Security?s civil society coverageMusic: ?The Parade? by ?Hey Pluto!? from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)Music: ?The World Between Us? by Corey Alstad from Uppbeat: https://uppbeat.io/t/cory-alstad/the-wound-between-us (License code: DBNNNNMVJSCUU65C)
2023-11-29
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Counterterrorism and Human Rights (Part 2 Spyware and Data Collection)

Some of the biggest risks to human rights in the twenty-first century come from governments misusing surveillance technology originally designed to combat counterterrorism. These spyware tools are manufactured around the world, including in the United States, the European Union, China, Israel, and the United Arab Emirates. 

The technology is difficult to detect and allows access to a target?s communications, contacts, and geolocation and metadata. It can even delete information or plant incriminating data on a person?s phone. Now, nations are using it to spy on politicians, journalists, human rights activists, lawyers, and ordinary citizens with no links to terrorism. 

As a reminder, this is Part 2 of a conversation with Fionnuala Ni Aoláin. Fionnuala recently completed her tenure as the United Nations Special Rapporteur on Human Rights and Counterterrorism.

For nearly six years, she examined global and country counterterrorism practices and how they do or don?t comply with human rights standards. To hear Part 1 of our discussion, including Fionnuala?s insights from her experience documenting the conditions at the U.S. detention facility at Guantanamo Bay, Cuba, and in prisons and sprawling camps in Northeast Syria, please tune in to last week?s episode, which you can find in the show notes and on our website. 

Show Notes:

Fionnuala Ní Aoláin (@NiAolainF)Paras Shah (@pshah518Viola Gienger (@ViolaGienger)Part 1 of our conversation with Fionnuala Fionnuala and Adriana Edmeades Jones? Just Security article ?Spyware Out of the Shadows?  Just Security?s Ending Perpetual War Symposium Just Security?s counterterrorism coverageJust Security?s technology coverageThe U.N. Special Rapporteur on counter-terrorism and human rights? website (including reports during Fionnuala's term, which ended Oct. 31)Music: ?The Parade? by ?Hey Pluto!? from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)Music: ?Gnome? by Danijel Zambo from Uppbeat: https://uppbeat.io/t/danijel-zambo/gnome (License code: MIZAQ1JSL9JRTUN8)
2023-11-27
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Counterterrorism and Human Rights (Part I Root Causes, Guantanamo, and Northeast Syria)

More than two decades after the 9/11 attacks, counterterrorism still dominates most security policies and practices around the world, including at the United Nations.

And yet, the problem of terrorism persists around the world ? from southwestern Pakistan, to the October 7 Hamas attack on Israel, to the Sahel.

Across the board, nations are failing to address the root causes of extremism. 

What might alternative approaches to counterterrorism look like? 

Perhaps no one is better equipped to consider the impact of counterterrorism on human rights than Fionnuala Ní Aoláin. This is Part 1 of a special two-part conversation. Please join us next week for Fionnuala?s insights into the human rights implications caused by spyware and personal data collection. 

Fionnuala recently completed her tenure as the U.N. Special Rapporteur on Human Rights and Counterterrorism. She was the first U.N. expert to visit the U.S. detention facility at Guantanamo Bay, Cuba, and issued a landmark report on how Guantanamo deprives both the detainees and the 9/11 victims of the justice they all deserve. She assessed the conditions in prisons and camps in northeast Syria that still hold over 50,000 people more than 5 years after the defeat of the Islamic State. She raised awareness of the role of gender in counterterrorism and of the repressive effect of counterterrorism tactics on civil society, and she enumerated the ever-expanding counterterrorism mandate at the U.N. 

Fionnuala is a law professor at the University of Minnesota  and at Queens University School of Law in Belfast, Northern Ireland and an executive editor at Just Security.

Show Notes:  

Fionnuala Ní Aoláin (@NiAolainF)Paras Shah (@pshah518Viola Gienger (@ViolaGienger)Part 2 of our conversation with FionnualaFionnuala?s Just Security article ?Rethinking Counterterrorism? Just Security's Ending Perpetual War Symposium Just Security?s counterterrorism coverageJust Security northeast Syria coverageJust Security?s Guantanamo coverageThe U.N. Special Rapporteur on counter-terrorism and human rights? website (including reports during Fionnuala's term, which ended Oct. 31)The Guantánamo Artwork and Testimony of Moath Al-Alwi: Deaf Walls Speak (Alexandra S. Moore and Elizabeth Swanson, Editors)Music: ?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: JIUYKTT0FITX2S4X)
2023-11-20
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The Dangers of Using AI to Ban Books

Across the United States, book bans, and attempted book bans, have hit a record high. Driven in part by newly passed state laws, public schools have seen a thirty-three percent increase in banned books. 

The vague and subjective language used in these laws leave school boards struggling to figure out exactly what content is prohibited. Some school boards, like the Mason City School District in Iowa, have turned to ChatGPT and Artificial Intelligence to comply with these new state laws. 

But, the inconsistency and limitations of AI technology have led to over inclusive results that disproportionately flag content about the experiences of women and marginalized communities, and raise concerns about free speech and censorship. 

Joining the show to discuss AI and its effect on book bans is Emile Ayoub.

Emile is counsel in the Brennan Center?s Liberty and National Security Program where he focuses on the impact of technology on civil rights and liberties.

Show Notes: 

Emile Ayoub (@eayoubg) Paras Shah (@pshah518) Emile and Faiza Patel?s (@FaizaPatelBCJ) Just Security article on using AI to comply with book bansJust Security?s Artificial Intelligence coverageJust Security?s content moderation coverageMusic: ?The Parade? by ?Hey Pluto!? from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)Music: ?Tunnel? by Danijel Zambo from Uppbeat: https://uppbeat.io/t/danijel-zambo/tunnel (License code: SBF0UK70L6NH9R3G)
2023-10-27
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The Siege of Gaza

In response to Hamas? brutal attacks that killed at least 1,400 Israeli civilians and continues with 200 hostages in Hamas control, Israel has imposed a ?complete siege? of the Gaza Strip. This includes blocking access to electricity, food, and fuel. While Israeli authorities have restored some access to water in southern Gaza the supply remains limited. 

For the over 2 million civilians in Gaza, the siege has created dire humanitarian conditions. Hospitals are quickly running out of medical supplies, and the International Committee of the Red Cross recently said that humanitarian organizations will not be able to provide life-saving assistance with the siege in place.

Joining the show to discuss the siege, and how international law applies to it, is Tom Dannenbaum. 

Tom is an Associate Professor of International Law at the Fletcher School of Law and Diplomacy at Tufts University where he is also Co-Director of the Center for International Law and Governance. Tom is an expert on international humanitarian law, including siege starvation. 

Show Notes: 

Tom Dannenbaum (@tomdannenbaumParas Shah (@pshah518) Tom?s Just Security article on the siege of Gaza and the starvation war crimeMark Zeitoun?s Just Security article on access to water in Gaza Ryan Goodman (@rgoodlaw), Michael Meier (@MWMeier23), and Tess Bridgeman?s (@bridgewriter) expert guidance on the law of armed conflict Just Security?s coverage of the Israel-Hamas warMusic: ?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)
2023-10-20
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An Insider View of the Defense Department with Colin Kahl

The Under Secretary of Defense for Policy in the U.S. Department of Defense is one of the biggest ? and hardest ? jobs in Washington. Colin Kahl served in that role for more than two years. From April 2021 to July 2023, he was the principal adviser to Secretary of Defense Lloyd Austin for all matters related to national security and defense policy, oversaw the writing of the 2022 National Defense Strategy, which focused on the ?pacing challenge? posed by China, and he led the Department?s response to Russia?s full-scale invasion of Ukraine, among other international crises. He also led other major defense diplomacy initiatives, like U.S. efforts to revitalize the NATO alliance. 

Kahl has had a long career in government and public service. During the Obama administration, he served as Deputy Assistant to the President and National Security Advisor to then-Vice President Biden. Before that, he served in the Pentagon as Deputy Assistant Secretary of Defense for the Middle East for nearly three years.

Just Security?s Co-Editor-in-Chief Tess Bridgeman recently sat down with Kahl, who is now a Senior Fellow at Stanford University?s Center for International Security and Cooperation, for an exit interview.

Show Notes: 

Colin Kahl (@ColinKahl)Paras Shah (@pshah518Tess Bridgeman (@bridgewriter) Just Security?s China coverage  Just Security?s Russia-Ukraine war coverageJust Security?s artificial intelligence coverageMusic: ?The Parade? by ?Hey Pluto!? from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)Music: ?Lilac? by ?Night Drift? from Uppbeat: https://uppbeat.io/t/night-drift/lilac (License code: CFXEBHMVBA8FXVNC) 
2023-10-06
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U.N. General Assembly Recap

Last week, world leaders arrived in New York for the U.N. General Assembly?s High-Level meetings. They debated the response to Russia?s continued full-scale invasion of Ukraine, made some progress on sustainable development, and considered how to regulate artificial intelligence.  

Returning to the show to discuss what we learned from the U.N.?s High-Level week is Richard Gowan. Richard is U.N. Director at the International Crisis Group, an independent organization working to prevent wars and shape policies that will build a more peaceful world. 

Show Notes: 

Richard Gowan (@RichardGowan1Paras Shah (@pshah518) Richard?s Just Security article recapping UNGA 78Just Security?s U.N. General Assembly coverageJust Security?s Russia-Ukraine war coverageJust Security?s climate change coverageJust Security?s Sustainable Development Goals (SDGs) coverageMusic: ?The Parade? by ?Hey Pluto!? from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)Music: ?Hypotheticals? by ?AK? from Uppbeat: https://uppbeat.io/t/ak/hypothetical (License code: ZYWSWAROJNPTCX30) 
2023-09-29
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A Fourth Amendment Privacy Paradox

In 2018, the Supreme Court created a revolution in the Fourth Amendment. In Carpenter v. United States, the Court found that the government needed a warrant to obtain data about the cell phone towers to which a person connected when using their phone. That data can reveal the digital breadcrumbs of a person?s life ? including where they went and how long they stayed. But cell phone users give that location data to their phone providers, third-party companies like AT&T and Verizon. Those companies don?t have the legal ability to challenge a government?s request for the user?s data. In fact, the companies often can?t even notify the user about a request for information. This creates a paradox. Cell phone users, the people who have a Fourth Amendment right to challenge the government?s request for information, don?t know the government is requesting it and third-party companies know about the request but can?t challenge it in court. 

The third-party paradox has massive implications for privacy rights and raises important questions about how to challenge the government?s request for information that might be protected by the Fourth Amendment. 

Joining the show to discuss the third-party paradox and the Fourth Amendment is Michael Dreeben. Michael argued Carpenter and over 100 other cases before the Supreme Court on behalf of the government. He is now a partner at the law firm O?Melveny & Myers, a Distinguished Lecturer from Government at Georgetown University Law Center, and a Lecturer on Law at Harvard Law School. 

Show Notes: 

Michael DreebenParas Shah (@pshah518) Resolving Carpenter?s Third-Party Paradox (Part I and Part II) Just Security?s Fourth Amendment coverageMusic: ?The Parade? by ?Hey Pluto!? from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)Music: ?The Clock is Ticking? by Simon Folwar from Uppbeat: https://uppbeat.io/t/simon-folwar/the-clock-is-ticking (License code: FY1TG2G1ESDYMSHF)
2023-09-22
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U.N. General Assembly Preview

The U.N. General Assembly?s annual meeting is underway in New York. Leaders from around the world will attend the High-Level Week, which begins on September 18. On the agenda are topics ranging from the continuing response Russia?s full-scale invasion of Ukraine, to slow progress on sustainable development, and the looming regulation of artificial intelligence. 

Joining the show to discuss what we expect from this year?s U.N. General Assembly meetings is Richard Gowan. Richard is U.N. Director at the International Crisis Group, an independent organization working to prevent wars and shape policies that will build a more peaceful world.

Show Notes: 

Richard Gowan (@RichardGowan1Paras Shah (@pshah518) Richard?s Just Security article previewing UNGA 78Just Security?s U.N. General Assembly coverageJust Security?s Russia-Ukraine war coverageJust Security?s climate change coverageJust Security?s Sustainable Development Goals (SDGs) coverageMusic: ?The Parade? by ?Hey Pluto!? from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)Music: ?Hypotheticals? by ?AK? from Uppbeat: https://uppbeat.io/t/ak/hypothetical (License code: ZYWSWAROJNPTCX30) 
2023-09-11
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The UN?s R2P Problem

Two decades ago, leaders from around the world had a moment of reckoning. The images and news reports of genocide in Rwanda and the former Yugoslavia were still fresh memories, and many countries recognized they hadn?t done enough to respond or prevent the violence. So diplomats at the United Nations had a bold idea. That countries have a collective responsibility to protect their people from war crimes, crimes against humanity, and genocide. This responsibility includes using diplomatic, humanitarian, and other peaceful means to help each country protect its own citizens, but nations also agreed that they were ?prepared to take collective action? when peaceful means prove inadequate and national authorities fail to act.  

Today, the responsibility to protect, or R2P as it?s often called, is being tested as mass atrocities occur around the world ? from Ukraine to Myanmar to the Democratic Republic of the Congo. But, whose responsibility it is to protect ? or act ? is uncertain.

Even at the U.N., no clear direction has emerged. In June, the U.N.?s top official on R2P, George Okoth-Obbo, said he would resign from his role as Special Advisor after just 17 months. Okoth-Obbo isn?t alone. The previous two R2P Special Advisors left after less than 3 years. The Special Advisor?s short tenure leaves people facing atrocity crimes without an ally and advocate at the U.N. 

Joining the show to discuss the R2P Special Advisor?s role, and why the office has seen so much turnover, is Rebecca Barber. Up until recently Rebecca was a research fellow at the Asia Pacific Centre for the Responsibility to Protect, and she is also an honorary senior research fellow at the University of Queensland. 

Show Notes: 

Rebecca Barber (@becjbarberParas Shah (@pshah518) Rebecca?s Just Security article analyzing the U.N.?s support for the R2P Special AdvisorJust Security?s coverage of the R2P Music: ?The Parade? by ?Hey Pluto!? from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)Music: ?A Simple Life? by Brock Hewitt from Uppbeat: https://uppbeat.io/t/brock-hewitt-stories-in-sound/a-simple-life (License code: WIXYQUFKZO5KP7GO) 
2023-09-01
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A New Standard for Evidence of Civilian Harm?

In October 2019, ISIS leader Abu Bakr al-Baghdadi was killed during a U.S. military raid on his compound in Syria. Former President Donald Trump called the raid ?impeccable,? and the Defense Department said that no civilians were harmed in the operation. 

But reporting from NPR determined that two civilians were killed and a third lost his arm from U.S. airstrikes. The Defense Department disagreed and dismissed NPR?s claims as ?not credible? based in part on a lack of metadata in images that NPR and Airwars, a watchdog group that monitors the civilian impact of military actions, provided. 

Until now, the U.S. military appears to have never required metadata for images to be considered as evidence. If this new standard continues, it will be much harder for researchers and journalists to collect and submit evidence of civilian harm in U.S. military operations, which erodes accountability when harm occurs.  

Joining the show to discuss the Baghdadi raid and the U.S. response to claims of civilian harm are Airwars Director Emily Tripp and Conflict Researcher Anna Zahn. 

Show Notes:  

Emily Tripp (@Emily_4319Anna ZahnParas Shah (@pshah518) Anna?s Just Security article on the al-Baghdadi raidNPR?s reporting on Syrian casualties in the raid (also in Arabic) Just Security?s coverage of civilian harm Just Security?s coverage of the Department of Defense?s Civilian Harm Mitigation and Response Action Plan (CHMR-AP)Music: ?The Parade? by ?Hey Pluto!? from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)Music: ?Abide? by ?Arend? from Uppbeat: https://uppbeat.io/t/arend/abide (License code: OSHRWBZJ90OZARBA)
2023-08-25
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The Trump Indictment in Georgia

Former President Donald Trump is now facing his fourth criminal case. 

On Monday, August 14, a grand jury in Atlanta indicted Trump and 18 others, including his personal attorney Rudy Giuliani and former White House chief of staff Mark Meadows, over their alleged efforts to overturn the results of the 2020 presidential election in Georgia. The indictment charges that the defendants engaged in a sweeping criminal enterprise, which involved submitting false slates of electors, pressuring state officials, breaching voting data, and perjury, among other conduct.  

Joining the show to discuss the most recent Trump indictment, we have Ambassador Norman Eisen. Norm is the former U.S. Ambassador to the Czech Republic and has also served as special counsel and special assistant to the president for ethics and government reform. In 2019 and 2020, he served as special counsel on the House Judiciary Committee majority during Trump?s impeachment proceedings and trial. Norm has written extensively about the Georgia indictment. 

Show Notes: 

Ambassador Norman Eisen (@NormEisenParas Shah (@pshah518) Just Security?s Georgia indictment coverage  Just Security?s coverage of Special Counsel Jack Smith Music: ?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) 
2023-08-17
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An Update on the Trump Classified Documents Case

The criminal charges against Donald Trump continue to pile up.

On July 27, a superseding indictment was filed in the classified documents case against Trump, adding three additional charges to the 37 originally filed in June. Five days later, Special Counsel Jack Smith filed a new indictment over the former president?s efforts to overturn the results of the 2020 election.

The superseding indictment in the classified documents case alleges that Trump violated the Espionage Act by retaining a classified document described as a ?presentation concerning military activity in a foreign country,? at his golf club in Bedminster, New Jersey, and that Trump conspired with two associates, Carlos De Oliveira and Walt Nauta, to obstruct justice by attempting to delete security camera footage at Mar-a-Lago in order to conceal it from the FBI and a grand jury. 

Joining the show to discuss the additional charges in the classified documents case is David Aaron. 

David is a Senior Counsel in the Washington, D.C. and New York offices of the law firm Perkins Coie. Before joining private practice, David was a prosecutor in the Justice Department's National Security Division, where he prosecuted Espionage Act violations and saw how the process works from the inside. This conversation was recorded on July 30, 2023. 

Show Notes: 

David Aaron (@davidcaaron)Paras Shah (@pshah518) Just Security?s Espionage Act coverageJust Security?s classified information coverageJust Security?s coverage of Special Counsel Jack Smith Just Security?s Trump Classified Docs ClearinghouseTess Bridgeman (@bridgewriter) and Ryan Goodman?s (@rgoodlaw) Just Security article on the national security implications of the superseding indictment Brian D. Greer (@secretsandlaws) and Wendy Leben?s Just Security Podcast episode on the presidential classification and declassification process Music: ?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) 
2023-08-10
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Potential Rwandan Aggression Against the Democratic Republic of the Congo

Since Russia?s full-scale invasion of Ukraine in February 2022, diplomats, lawyers, and advocates from around the world have pushed for ways to hold Vladimir Putin and other senior leaders accountable for starting the war. Those efforts include creating a court to prosecute the international crime of aggression ? the illegal use of force by one country against another. 

But 3,000 miles south of the Russia-Ukraine border, another potential act of aggression has received far less attention. Over the past year and a half, Rwandan troops have conducted military operations in the Democratic Republic of the Congo and engaged in direct combat with the Congolese military and armed groups. According to the United Nations and human rights groups Rwandan troops have actively supported the March 23 Movement, M23, a Congolese armed group with longstanding ties to the Rwandan government. 

Accountability for the crime of aggression nmatters because acts of aggression can lead to other grave crimes, including war crimes and crimes against humanity. Punishing the crime of aggression is also essential to protecting the sovereign rights of all States, no matter their size or military strength. 

Joining the show to discuss the situation in the DRC, the arguments that Rwanda is committing acts of aggression against Congo, and Rwanda?s likely responses is Daniel Levine-Spound.

Daniel is a human rights lawyer and researcher. He is currently a Fellow at the Harvard Law School Program on International Law and Armed Conflict. Daniel was previously a U.N. Peacekeeping Researcher covering the DRC and South Sudan at the Center for Civilians in Conflict (CIVIC) and was based in Goma, DRC.

Show Notes: 

Daniel Levine-Spound (@dlspoundParas Shah (@pshah518)Daniel?s Just Security article on potential acts of Rwandan aggression against the DRC Just Security?s DRC coverageJust Security?s Rwanda coverageJust Security?s crime of aggression coverageMusic: ?The Parade? by ?Hey Pluto!? from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)Music: ?Caravan? by ?Arend? from Uppbeat: https://uppbeat.io/t/arend/caravan (License code: QVHYMGIQGD5TGMEP)
2023-07-28
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Insiders? Views of Espionage Act Trials

Since former President Donald Trump was indicted for retaining sensitive government documents at Mar-a-Lago, the Espionage Act has become a household term. But only a small number of lawyers have seen an Espionage Act trial from the inside. Just Security has assembled an all-star roundtable of experienced federal prosecutors and defense attorneys who have handled high-profile Espionage Act cases. 

Joining the show to share their insights, experience, and views on Trump?s Espionage Act charges are David Aaron, Andrew Weissmann, and Jim Wyda. David and Jim have previously faced off from opposite sides of an Espionage Act prosecution, but they?ve come together for this special discussion. 

Before he joined private practice, David was a prosecutor at the Justice Department?s National Security Division. Andrew has served in many senior Justice Department roles, including on the leadership team for Special Counsel Robert Mueller and as the General Counsel of the FBI. Jim is the Federal Public Defender for the District of Maryland. 

This episode is hosted by Paras Shah, with co-production and editing by Tiffany Chang, Michelle Eigenheer, and Allison Mollenkamp. 

Show Notes:  

David Aaron (@davidcaaron)Andrew Weissmann (@AWeissmann_James WydaParas Shah (@pshah518) Just Security?s Espionage Act coverageJust Security?s classified information coverageJust Security?s coverage of Special Counsel Jack Smith Just Security?s Trump Classified Docs ClearinghouseBrian D. Greer (@secretsandlaws) and Wendy Leben?s Just Security Podcast episode on the presidential classification and declassification process Music: ?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)
2023-07-17
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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 (@AmbDanFriedViola 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)
2023-07-12
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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)
2023-07-08
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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)
2023-07-05
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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)
2023-06-23
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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)
2023-06-10
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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) 
2023-06-02
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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) 
2023-05-17
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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 (@adambcoxMichelle 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)
2023-05-12
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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 (@thomasjoscelynMary 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)
2023-05-05
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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)
2023-05-02
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Supreme Court Ethics 101

The Supreme Court is back in the news and it's for all the wrong reasons. ProPublica reports that Justice Clarence Thomas has vacationed on private jets and superyachts all paid for by billionaire Harlan Crow. But Thomas didn?t disclose those trips. And his actions are just the Court?s latest ethics scandal. Last summer someone leaked the decision in Dobbs, the case that overturned Roe v. Wade. And the New York Times reports that the Supreme Court Historical Society ? which is technically a charity ? has raised over $23 million in the last two decades from private donors. The Society often hosts events where those private donors can meet and mingle with the Justices behind closed doors.

That level of access to the Justices matters because each year the Court decides cases that impact everything from reproductive rights to gun control and the environment. The appearance that some people can buy influence on the court undermines the idea that everyone has an equal opportunity to have their case heard and fairly decided. In theory, there would be ethics laws in place to prevent a sitting Justice from accepting secret swanky vacations on superyachts and Adirondack hideaways. But do those laws really exist? 

To help us understand judicial ethics and what can be done to keep the Justices accountable, we have Caroline Fredrickson and Alan Neff.

Caroline is a Visiting Professor at Georgetown Law and a Senior Fellow at the Brennan Center for Justice. Alan recently co-edited Rule of Law this week for the American Constitution Society and is a former lawyer for the City of Chicago. They are both experts on judicial ethics and the judicial system.

Show Notes: 

Caroline Fredrickson (@crfredricksonAlan Neff (@AlanNeff)Caroline and Alan?s Just Security article on Supreme Court ethics  3:25 ProPublica?s reporting on Justice Thomas? relationship with Harlan Crow 18:35 NYT article on the Supreme Court Historical Society (The Daily episode here) 23:25 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: ?The Rose Jaguar? by Aaron Paul Low from Uppbeat: https://uppbeat.io/t/aaron-paul-low/the-rose-jaguar (License code: IKEHLJFJSB7OEKVS)
2023-04-21
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The M23 Conflict in the Democratic Republic of Congo

Civilians in the eastern part of the Democratic Republic of the Congo are living in a nightmare. In the past year, the Rwandan-backed March 23 Movement ? or M23 for short ? has raped and killed dozens of civilians in the DRC?s North-Kivu province.

And this isn?t the first time. A decade ago this same group operated in the same part of the Congo, with funding and some military support from Rwanda. 

But back then, in 2013, the Obama administration used diplomacy and legal tools, like sanctions to pressure Rwanda to stop its support of M23. The group collapsed without that Rwandan backing. And many analysts thought it was gone for good. Until now. Rwanda has restarted its support of M23 and the group is clashing with the Congolese military, attacking civilians along the way.

Only this time, the US response has been more talk and less action. The Biden administration has warned Rwanda to withdraw support from M23, but it hasn?t used the same diplomatic and legal tools that worked a decade ago. 

To explain the conflict in DRC, and what the United States can do to pressure Rwanda to withdraw, we have Daniel Levine-Spound and Ari Tolany. Daniel is a human rights lawyer and researcher who specializes in the DRC and South Sudan. Ari is the Program Manager for the U.S. Program at the Center for Civilians in Conflict (CIVIC), a nonprofit organization which works to prevent civilian harm.  

Show Notes: 

Daniel Levine-Spound (@dlspoundAri TolanyDaniel and Ari?s Just Security article on the M23 conflict and the U.S. response Just Security?s DRC coverageJust Security?s Rwanda coverage23:45 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: ?Caravan? by ?Arend? from Uppbeat: https://uppbeat.io/t/arend/caravan (License code: QVHYMGIQGD5TGMEP)
2023-04-14
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Is Evan Gershkovich?s Arrest the End of Free Press in Russia?

Russian authorities recently detained Wall Street Journal reporter Evan Gershkovich. They accused Gershkovich of being a spy and have held him on espionage charges since March 29. But Secretary of State Antony Blinken said that he believes Gershkovich is being wrongfully detained.

Evan?s arrest is Russia?s latest attempt to intimidate foreign correspondents reporting in the country. Those constant threats, and now the very real risk of arrest, are common tactics. They make it easier for the Russian government to spread propaganda to its citizens and harder for the rest of the world to understand what?s happening inside Russia. The Kremlin?s actions make it nearly impossible to hear from the Russian people directly.

To help us understand Evan?s case and Russia?s control over the foreign press, we have Gulnoza Said and Oystein Bogen. Gulnoza is the Europe and Central Asia program coordinator at the Committee to Protect Journalists, a nonprofit organization that promotes press freedom worldwide. Oystein is the D.C. Bureau Chief and Lead Correspondent for the Norwegian network TV 2. He spent years reporting from inside Russia and was detained six times while covering the Sochi Winter Olympics in 2014. 

Show Notes: 

Øystein Bogen (@oysteinbogen)Gulnoza Said (@gulnozas)8:34 The Wall Street Journal?s reporting on conditions inside Lefortovo prison 18:15 The Committee to Protect Journalists? research on attacks on reporters in Russia 32:50 Evan Gershkovich?s Wall Street Journal reporting and how to support his case33:10 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: ?The Shadow Collectors Daughter? by ?Night Drift? from Uppbeat: https://uppbeat.io/t/night-drift/the-shadow-collectors-daughter (License code: LRY4QBATMUIF3UKU)
2023-04-07
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An Indictment of Donald Trump

On Thursday, March 30, a New York grand jury voted to indict former President Donald Trump over hush money payments to Stormy Daniels. While the charges remain secret, Manhattan District Attorney Alvin Bragg will likely argue that Trump falsified business records and that the hush money payments amounted to an illegal contribution to his presidential campaign. The alleged indictment raises important questions about efforts to interfere with the 2016 presidential election and the rule of law. 

To unpack the developments, we have Karen Friedman Agnifilo. Karen has seen these types of cases up close as the former Manhattan Chief Assistant District Attorney. While there, she helped oversee the office?s 500 lawyers, 700 staff, and nearly 80,000 cases each year. 

Show Notes:  

Karen F. Agnifilo (@KFAlegal)Just Security?s Chronology in Trump-Cohen Hush Money InvestigationJust Security?s Survey of Past New York Felony Prosecutions for Falsifying Business RecordsJust security?s Survey of Past Criminal Prosecutions for Covert Payments to Benefit a Political CampaignMusic: ?The Parade? by ?Hey Pluto!? from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)
2023-03-31
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The Mayor of Les Irois

Last week in a Boston courtroom, a jury found the mayor of a small town in southwest Haiti liable of killing one man and torturing and trying to kill two others. The plaintiffs ? David Boniface, Nissandère Martyr, and Juders Ysemé ? spent a decade trying to hold Jean Morose Viliena accountable. They filed criminal cases in Haiti and even asked the United Nations for help. But nothing worked. Until now. 

The determined victims and their creative lawyers used a U.S. human rights law, the Torture Victims Protection Act, to finally find justice. The case provides a blueprint for victims to hold abusers accountable when every other option has failed.  

Joining us to understand this case are two of the lawyers who made it happen. Daniel McLaughlin and Ela Matthews are attorneys at the Center for Justice & Accountability, a nonprofit organization that uses the law to fight human rights abuses. 

Show Notes: 

Ela Matthews (@elamatthews01)Daniel McLaughlin (@DMcLaughlinSF)Center for Justice & Accountability?s press release on the trial U.S. Department of Justice?s press release on Viliena?s arrest for immigration fraud Just Security?s Torture Victim Protection Act (TVPA) archive8:45 Editor?s Note: Viliena was indicted by the U.S. Department of Justice but arrested by the U.S. Department of Homeland Security 22:00 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: ?Big Dreams? by Simon Folwar from Uppbeat: https://uppbeat.io/t/simon-folwar/big-dreams (License code: RR993UDZVLULFLTG)
2023-03-31
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An Arrest Warrant for Putin

On Friday, March 17, 2023, the International Criminal Court announced that it had issued an arrest warrant for Russian President Vladimir Putin and his Commissioner for Children?s Rights. 

The Court said it had ?reasonable grounds to believe? that Putin was responsible for unlawfully transferring and unlawfully deporting children from occupied Ukrainian territory into Russia. The arrest warrants are a major legal and diplomatic development in Russia?s illegal war against Ukraine. 

To discuss what the arrest warrants mean, we have Rebecca Hamilton, a law professor at American University and a member of Just Security?s Editorial Board. She has seen these issues firsthand as a former prosecutor at the Court.  

Show Notes: 

Rebecca Hamilton (@bechamilton) Rebecca?s Just Security article analyzing the Putin arrest warrantThe International Criminal Court?s press release announcing the arrest warrantsYale University Humanitarian Research Lab and U.S. State Department study on the deportation of Ukrainian children Music: ?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)
2023-03-18
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What the Proud Boys and Oath Keepers Don't Want You to Know

Two years after the January 6th attack, the Proud Boys and Oath Keepers ? two of the groups that stormed the Capitol and tried to overturn an election ? are on a mission. This time, their goal is more subtle but just as sinister. Although individual Proud Boys and Oath Keepers are on trial for conspiracy and a heap of other crimes, the federal government has been slow to call the groups extremists. In courtrooms, on Twitter, and in media reports the groups are trying to clean up their image, and people are buying it. 

Today we?re going to explore how the Proud Boys and Oath Keepers use propaganda ? calling themselves a ?drinking club,? ?patriots,? and ?constitutionalists? ? to control their own narrative and hide their violent, extremist views. Calling out these lies, and understanding how they work, is key to holding the groups accountable for the January 6th attack and exposing their continued messages of hate. 

Joining us are Meghan Conroy and Jon Lewis. Meghan is a Fellow with the Digital Forensic Research Lab and a former Investigator with the January 6th Committee, where she focused on the role of social media in the Capitol attack. Jon is a Fellow at the Program on Extremism at George Washington University, where he studies domestic and homegrown extremism. They wrote a recent Just Security piece analyzing the Proud Boys and Oath Keepers propaganda efforts and why they?ve been successful so far.  

Show Notes:  

Meghan Conroy (@meghaneconroy)Jon Lewis (@Jon_Lewis27)Meghan and Jon?s Just Security article on the Proud Boys and Oath Keepers? propaganda efforts 24:25 Mary McCord?s Q&A ?What Everyone Needs to Know About Prosecuting Domestic Terrorism? 29:10 Brian Hughes and Cynthia Miller Idriss? Lawfare article on the evolving landscape of domestic extremism and ?mobilizing concepts?30:05 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: ?Desert Soul? by Tobias Voight from Uppbeat: https://uppbeat.io/t/tobias-voigt/desert-soul (License code: RWJXGHZMZEKXIDGT)
2023-03-17
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Spies, Balloons, and International Law

Last month, a mysterious object appeared in the sky over Alaska, Idaho, and Montana. U.S. officials determined it was a ?spy balloon? sent by China to gather intelligence. Chinese officials insisted the balloon was just gathering information on weather patterns. But the incident caused a diplomatic snafu. 

Secretary of State Antony Blinken said that Chinese actions violated U.S. sovereignty ? the idea that a country?s land, air, and waters belong to it ? and broke international law. That?s a big deal because international law tells countries how to behave, sort of like how traffic lights and speed signs tell drivers when to turn and how fast to go. 

But what does international law actually say about spying? To answer that question, we have Asaf Lubin. Asaf is a law professor at Indiana University and an expert on international law and espionage. 

Show Notes: 

Asaf Lubin (@AsafLubin) The ?spy balloon?s path and timeline of the U.S. and Chinese responses 6:40 Asaf?s article ?The Liberty to Spy? 19:35 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: ?Crafty Crime? by Jonny Boyle from Uppbeat: https://uppbeat.io/t/jonny-boyle/crafty-crime (License code: VAPNGQCYJOSVCEG4) 
2023-03-10
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A Year in Russia's War Against Ukraine: Forging a US Response

Since Russia began its full-scale invasion of Ukraine a year ago, we?ve seen some surprising military, diplomatic, and legal developments in the war. Ukrainian forces have proven remarkably strong, and the Ukrainian people have demonstrated utter determination against a Russian leadership and military that have drastically underperformed. Meanwhile, in Washington, the U.S. has developed its own response to Russia?s illegal invasion, which includes assembling an alliance to support Ukraine and providing billions in humanitarian aid and weapons, issuing massive sanctions against Russian banks and individuals, and passing new laws to prosecute those who commit grave crimes in Ukraine through U.S. courts. 

For an expert view of how the U.S. has responded to the conflict and what comes next, Just Security and the Reiss Center on Law and Security at NYU Law have re-assembled a stellar panel. These legal and diplomatic all-stars first put their heads together a year ago during an NYU panel that happened to fall on the day of the invasion. Dan Baer is the Acting Director of the Carnegie Endowment for International Peace?s Europe Program and the former U.S. Ambassador to the Organization for Security and Cooperation in Europe. Tess Bridgeman is Just Security?s Co-Editor-in-Chief, a Senior Fellow & Visiting Scholar at the Reiss Center on Law and Security, and a former Deputy Legal Advisor at the National Security Council. And Rose Gottemoeller is a Lecturer at Stanford University and the former Deputy Secretary General of NATO. 

Co-hosting this special episode are Just Security Fellow Paras Shah and Senior Washington Editor Viola Gienger. 

Show Notes: 

Dan Baer (@danbbaer)Tess Bridgeman (@bridgewriterViola Gienger (@ViolaGienger)Rose Gottemoeller (@Gottemoeller)Paras Shah (@pshah518)Reiss Center on Law and Security at NYU Law (@RCLS_NYU)Just Security's Russia-Ukraine War archiveReiss Center?s What You Need to Know: Unpacking the Law in Russia?s War Against Ukraine  Reiss Center and Just Security's February 2022 event The Russia-Ukraine Crisis: Navigating Law, Diplomacy, and Force50:50 NYU?s American Journalism Online ProgramMusic: ?The Parade? by ?Hey Pluto!? from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)

 

 

 

 

 

2023-02-24
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Eliminating the Judicial ?Blue Slip?

One of a President?s most important jobs is appointing federal judges. And it?s not just Supreme Court Justices that matter. Across the country, hundreds of federal judges decide cases that impact everything from environmental regulations to gun control to reproductive rights. 

But an obscure process called the ?blue slip,? allows a single Senator to stop a judicial nomination in its tracks. To explain the blue slip, we have Caroline Fredrickson and Alan Neff. They recently wrote an open letter to Senate Judiciary Committee Chairman Dick Durbin (D-IL) urging him to eliminate the blue slip for good. 

Caroline is a Visiting Professor at Georgetown Law and a Senior Fellow at the Brennan Center for Justice. Alan recently served as co-editor of Rule of Law This Week for the American Constitution Society and is a former Senior Corporation Counsel for the City of Chicago. 

Show Notes 

Caroline Fredrickson (@crfredricksonAlan Neff (@AlanNeff)Caroline and Alan?s open letter to Sen. Durbin New York Times Editorial Board op-ed advocating for removal of the blue slip process 4:15 Russell Wheeler?s analysis of President Biden?s judicial nominees 13:40 NYU?s American Journalism Online ProgramMusic: ?The Parade? by ?Hey Pluto!? from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)
2023-02-13
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Two Years After the Myanmar Coup

Two years ago, Myanmar?s military seized power in a coup. It was a major setback for the country, which had begun to slowly move toward democracy and free elections after decades of military rule. For other countries and organizations like the United Nations ? the coup raised some big, and still open, questions about whether and how to interact with the military junta, particularly amid efforts to hold Myanmar?s leaders accountable for grave crimes, including acts of genocide, against the Rohingya and other ethnic groups.

The junta has announced that it plans to hold ?elections? in August, but most experts believe that free and fair elections are impossible under current conditions, and that the elections are merely an effort by the military to deepen its control over the country. 

On the two-year anniversary of the coup, we speak with Akila Radhakrishnan and Angela Mudukuti from the Global Justice Center, a nonprofit organization that advances gender equity and human rights. Global Justice Center has worked closely with organizations in Myanmar since 2005. Akila is Global Justice Center?s President and an expert on the role that gender plays in genocide. Angela Mudukuti, is a Zimbabwean lawyer and the Senior Legal Adviser at the Global Justice Center. She has worked for a number of organizations including the International Criminal Court (ICC) and her experience includes working on universal jurisdiction and precedent-setting cases before South African courts including seeking the arrest of the former president of Sudan during his visit to South Africa.

Show Notes 

Akila Radhakrishnan (@akilaGJC)Angela Mudukuti (@AngelaMudukuti)14:25 Global Justice Center and BROUK?s recommendations to the Argentinian judiciary in a case brought against Myanmar military leaders for the genocide of the Rohingya21:15 NYU?s American Journalism Online Program21:45 Just Security?s Beyond the Myanmar Coup seriesMusic: ?The Parade? by ?Hey Pluto!? from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)
2023-02-01
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How Should the Press Cover Democracy?

The democracy beat is all the rage in news coverage. But the press needs to do more than follow current events. As the ?fourth estate,? independent news works in a system of checks and balances. At its best, the press can hold government accountable to the people. And so, the way it covers democracy and dictatorships matters. That reporting informs the way we vote and how all of us, as people, understand the world.

To discuss how the press can better report on diverse communities and cooperate globally we have Erin Carroll and Rebecca Hamilton. Erin and Rebecca are both journalists turned law professors. Erin teaches classes on technology and the press, as well as legal research and writing at Georgetown Law. Rebecca teaches criminal law, national security, and international law at American University. She?s also a member of Just Security?s Editorial Board.

Show Notes: 

Erin Carroll (@erinccarroll13Rebecca Hamilton (@bechamilton) 4:45 Caitlin Dickerson?s Atlantic article, ?An American Catastrophe? 8:00 Rebecca?s Just Security articles on seeing ourselves from the outside and Facebook?s removing news in Australia9:04 Erin?s Just Security article on democracy beats12:20 Committee to Project Journalists report on media workers killed in 2022  22:15 NYU?s American Journalism Online ProgramMusic: ?The Parade? by ?Hey Pluto!? from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)
2023-01-27
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Closing the War Crimes Impunity Gap

As Russia?s war against Ukraine rages on and evidence of thousands of war crimes continues to mount, countries around the world have looked for ways to hold Russian generals and troops accountable. 

On January 5, 2023, President Biden signed the Justice for Victims of War Crimes Act, closing a major loophole that has prevented the U.S. from investigating and prosecuting alleged war criminals when they enter the country. 

To break down the new law, and how it could hold war criminals accountable, we have Elise Baker. Elise is a lawyer at the Atlantic Council, a think tank based in Washington, D.C. She is an expert on accountability for atrocity crimes and human rights violations. 

Show Notes:  

Elise Baker (@elise__baker) Elise?s Just Security article analyzing the Justice for Victims of War Crimes Act 14:37 NYU?s American Journalism Online ProgramMusic: ?The Parade? by ?Hey Pluto!? from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)
2023-01-20
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Promoting Diversity in the U.S. Military

This year, the Supreme Court may decide Students for Fair Admissions v. The President and Fellows of Harvard College, a case that could prevent schools from considering a student?s race in the admissions process. It has major implications for diversity in the U.S. military and national security more generally. 

To discuss the military?s efforts to increase diversity and breakdown what the case might mean for U.S. national security we have Bishop Garrison and Heidi Urben. 

Bishop recently served as a Senior Advisor to the U.S. Secretary of Defense with a focus on human capital and diversity, equity, and inclusion issues. He is a West Point graduate and U.S. Army veteran where he served in Iraq and earned several awards, including two Bronze Stars. Heidi is a Professor of the Practice at Georgetown University's Security Studies Program and a retired U.S. Army colonel. She teaches, researches, and writes about civil-military relations, military and defense policy, and national security.

Show Notes: 

Bishop Garrison (@BishopGarrisonHeidi Urben (@HeidiAUrben) Students for Fair Admissions v. The President and Fellows of Harvard College oral argument22:18 NYU?s American Journalism Online ProgramMusic: ?The Parade? by ?Hey Pluto!? from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)
2023-01-13
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Unfinished Business of Jan 6th Committee

It?s been two years since the January 6th attack on the U.S. Capitol. Since then, we?ve come to understand a lot about the groups and individuals who planned and carried out the attack, with much of that information coming from the House January 6th Committee, which issued its final report last month. 

But even after the Committee?s report, there is unfinished business that remains, like how to continue holding those responsible for the attack accountable, and how to address the threat from paramilitary groups like those that attacked the Capitol that day. To discuss the paths forward we have Mary McCord and Andrew Weissmann.

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 and is a member of Just Security?s Editorial Board. Andrew is also a former federal prosecutor with decades of Justice Department and FBI experience, including a senior role on the team for Special Counsel Robert Mueller.  

Show Notes: 

Mary B. McCordAndrew Weissmann (@AWeissmann_)January 6th Committee final reportMary and Jacob Glick?s Just Security article on anti-democracy schemes and paramilitary violenceJust Security?s January 6 Clearinghouse19:56 NYU?s American Journalism Online ProgramMusic: ?The Parade? by ?Hey Pluto!? from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)
2023-01-06
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The Conclusion of the January 6th Committee

After nearly a year and a half of hearings and interviews the January 6th Committee is wrapping up its work. It held its final hearing on Monday, will issue its final report on Thursday, and it referred former President Donald Trump to the Justice Department for potentially violating four federal criminal laws, including inciting an insurrection. 

To unpack the Committee?s final hearing, and the criminal referrals, we have Ryan Goodman, Barbara McQuade, and Asha Rangappa. Ryan is Just Security?s Co-Editor-in-Chief, Barbara is a Professor at the University of Michigan Law School, and she previously served as United States Attorney for the Eastern District of Michigan. Asha is a Senior Lecturer at Yale?s Jackson Institute for Global Affairs and she?s also a former FBI Special Agent. Barbara and Asha are both members of Just Security?s Editorial Board. 

Show Notes: 

Ryan Goodman (@rgoodlawBarbara McQuade (@BarbMcQuade)Asha Rangappa (@AshaRangappa_)January 6th Committee websiteJanuary 6th Committee final report executive summaryRyan?s Just Security article on how interference in the Committee?s investigation can enable the Special Counsel Just Security?s January 6 Clearinghouse10:02 Ryan Reilly and Ken Dilanian NBC News article on the January 6th Committee avoiding criticism in the report?s executive summary 18:37 NYU?s American Journalism Online ProgramMusic: ?The Parade? by ?Hey Pluto!? from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)
2022-12-21
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Civilian Protection and War Powers in the 2023 National Defense Bill

This week, Congress passed the FY 2023 National Defense Authorization Act, the NDAA, which President Biden is expected to sign into law. It?s a massive bill, thousands of pages long, that provides the Defense Department with an $858 billion dollar budget for next year. Buried in the law are some key reforms (or lack of reforms) for how the United States goes to war and how it responds when civilians are injured or killed. 

To discuss what the NDAA says about war powers and civilian protection, and where the bill is silent, we have Brian Finucane, Heather Brandon-Smith, and Annie Shiel. Brian is a Senior Advisor at Crisis Group and a member of the Just Security editorial board. For a decade, he was a lawyer with the State Department where he advised the federal government on counterterrorism and use of force. Heather is a Legislative Director at the Friends Committee on National Legislation, a nonpartisan organization that lobbies to advance peace, justice, and protecting the environment. Annie is a Senior Advisor at the Center for Civilians in Conflict, CIVIC, which works to develop and implement solutions to prevent, mitigate, and respond to civilian harm. 

Show Notes: 

Brian Finucane (@BCFinucane)Heather Brandon-Smith (@HBrandonSmith)         Annie Shiel (@annieshiel)Brian and Heather?s Just Security article on the FY 2023 NDAA Just Security's series on the FY 2023 NDAA Just Security?s NDAA archive6:28 Statement by U.S. General Frank McKenzie on Aug. 29, 2021 Kabul drone strike that killed 10 civilians 6: 17 New York Times coverage of Aug. 29, 2021 Kabul drone strike that killed 10 civilians 6:50 New York Times coverage of March 18, 2019 Baghuz, Syria, drone strike that killed nearly 80 civilians 7:38 DOD?s Civilian Harm Mitigation and Response Action Plan (CHMRAP)Music: ?The Parade? by ?Hey Pluto!? from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)
2022-12-16
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The Balance of Power in a New Senate

On Dec. 6, Democratic Senator Raphael Warnock won a special runoff election in Georgia against Republican candidate Herschel Walker. Warnock?s victory gives Democrats a slim, but solid, majority of 51 to 49 in the Senate. The new majority allows Democrats to control everything from investigations and oversight to key legislation and committee placements. 

Arizona Senator Kyrsten Sinema?s announcement that she will register as a political Independent is unlikely to impact the power balance in the next Senate. The Democratic majority already includes two Independents who caucus with them, Senators Bernie Sanders of Vermont and Angus King of Maine. 

To unpack the many implications of Warnock's win, we had Andy Wright, a member of Just Security's Editorial Board and partner at the law firm K&L Gates in Washington, D.C. Andy is an expert on Congressional oversight and previously served in senior legal roles at the White House and on Congressional committees. 

Show Notes: 

Andy Wright (@AndyMcCanse) 1:10 Arizona Senator Kyrsten Sinema?s interview announcing she will register as an Independent 12:30 NYU?s American Journalism Online ProgramMusic: ?The Parade? by ?Hey Pluto!? from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)
2022-12-09
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