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Examining the Trump Administration’s New Antifa Designations17 Nov 202500:46:44

On Nov. 13, the Trump administration took the unprecedented step of adding four groups in Europe to the U.S. government’s list of specially designated global terrorists (SDGTs). The administration also stated its intent to add each of these entities to the State Department’s list of designated Foreign Terrorist Organizations (FTOs), claiming that all four are affiliated with “Antifa.”

The development marks an escalation in the administration’s efforts to recast anti-fascist activism as a matter of national security, carrying far-reaching legal and political consequences. Experts think the move could lay the groundwork for targeting organizations and activists here in the United States, potentially undermining the right to free speech. 

Tom Joscelyn, a senior fellow at Just Security, is joined by Tom Brzozowski, former counsel for Domestic Terrorism at the U.S. Department of Justice, to discuss what the new designations mean for civil liberties, and how they might reshape the boundaries of permissible speech and association.  

Show Notes: 

Reflections on International Law Weekend 2025: An International Law Chats x Just Security Podcast Crossover Episode03 Nov 202500:38:30

International law professors Chiara Giorgetti, Milena Sterio, and Rebecca Hamilton join Just Security’s Managing Editor, Megan Corrarino, to discuss takeaways from the American Branch of the International Law Association (ABILA)’s Oct. 23-25 International Law Weekend. 

In this special episode co-produced with ABILA’s International Law Chats podcast, which Giorgetti and Sterio co-host along with Alison Macdonald KC, the guests — each of whom also participated in International Law Weekend — discuss the weekend’s theme, “Crisis as Catalyst on International Law”; takeaways from panels on topics ranging from the proposed Crimes against Humanity Treaty to international environmental law and more; and how international lawyers and law students might think about their role in the present moment. 


Show Note: 

What Just Happened: Federalization of Law Enforcement in Washington DC14 Aug 202500:47:53

This week, the Trump administration took over command of the D.C. police department, and surged federal law enforcement officers and National Guard units into the city. While the United States has a long tradition of leaving most policing to state and local agencies, federal law enforcement has specific powers, and there are well-established limits on the use of military forces for domestic law enforcement, but the rules for DC are particular.

In this episode, host David Aaron is joined by Carrie Cordero, General Counsel at the Center for a New American Security and former Counsel to the Assistant Attorney General for National Security and Senior Associate General Counsel at the Office of the Director of National Intelligence, and Donell Harvin, Visiting Fellow at the National Security Institute at George Mason University and former Chief of Homeland Security and Intelligence for the District of Columbia. Together, they unpack significant legal and policy considerations concerning the Executive Branch’s recent actions and the open questions still in play.

Show Notes:

The Trump Indictment in Georgia17 Aug 202300:15:39

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 (@NormEisen
  • Paras 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) 
An Update on the Trump Classified Documents Case10 Aug 202300:19:14

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: 

Potential Rwandan Aggression Against the Democratic Republic of the Congo28 Jul 202300:30:17

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 (@dlspound
  • Paras Shah (@pshah518)
  • Daniel’s Just Security article on potential acts of Rwandan aggression against the DRC 
  • Just Security’s DRC coverage
  • Just Security’s Rwanda coverage
  • Just Security’s crime of aggression coverage
  • Music: “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)
Insiders’ Views of Espionage Act Trials17 Jul 202300:25:20

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:  

Recapping the NATO Summit12 Jul 202300:21:16

Today, July 12, the leaders of NATO member countries are wrapping up a summit in Vilnius, Lithuania. The meeting opened as Turkey’s President Recep Tayyip Erdogan ended his opposition to NATO membership for Sweden, and as President Biden said Ukraine still needs to take steps before it can join the Alliance. Biden further said Ukraine shouldn’t be admitted while Russia’s invasion continues because that would pit the Alliance directly against Russia.

In 2008, Alliance members vaguely promised that Ukraine could join NATO, but left the timing unspecified. Meanwhile, Ukrainian President Volodymyr Zelenskyy has made it clear he believes his country deserves membership, particularly as it fights for its survival against Russian aggression and defends democratic values.

But the agreement NATO members reached this week only offers Ukraine membership “when allies agree, and conditions are met,” though the Alliance did put together a package of weapons and security assurances in the meantime.

To discuss the summit and unpack its implications, we have Ambassador Daniel Fried. 

During his 40 years in the foreign service, Ambassador Fried played a central role in implementing U.S. policy in Europe after the fall of the Soviet Union. In several senior roles including, Assistant Secretary of State for Europe, Ambassador Fried helped craft the policy of NATO enlargement to Central European countries and NATO-Russia relations. Earlier, he served as the U.S. Ambassador to Poland. He is currently the Weiser Family Distinguished Fellow at the Atlantic Council, which co-hosted a public forum with other think tanks as part of the NATO summit.  

Show Notes: 

  • Ambassador Daniel Fried (@AmbDanFried
  • Viola Gienger (@ViolaGienger)
  • Ambassador Fried’s Just Security article previewing the NATO Summit 
  • Just Security’s NATO coverage
  • Just Security’s Russia-Ukraine war coverage
  • Music: “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)
Free Speech and Content Moderation in Missouri v. Biden08 Jul 202300:18:45

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: 

Climate Change and Disability Rights05 Jul 202300:18:47

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 Stein
  • Harvard Law School Project on Disability (HPOD
  • Just Security’s coverage of COP27 and climate change
  • 18:05 NYU’s American Journalism Online Program
  • 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: 6SUZDR0XMAYULP1B)
The Proud Boys’ Attack on Pride23 Jun 202300:27:50

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 Guidance
  • Just Security’s compilation of Expert Statements on Democracy and Political Violence, submitted to January 6th Committee
  • Mary 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 Clearinghouse
  • 27:00 NYU’s American Journalism Online Program
  • Music: “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)
An Insider View of Trump's Second Indictment10 Jun 202300:27:38

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 Aaron
  • Ryan 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 coverage
  • 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)
The Classification Process Declassified02 Jun 202300:20:09

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 Leben
  • Brian and Wendy’s Just Security article analyzing U.S. government classification and declassification processes
  • Just Security’s classified information coverage
  • 19:20 NYU’s American Journalism Online Program
  • Music: “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) 
Ukraine’s Resistance to Russia’s Invasion: The Other Mobilization04 Aug 202500:35:43

Ukraine’s response to the 2022 full-scale Russian invasion has been defined by extraordinary civilian mobilization. As millions of Ukrainians face the devastation of their homes, schools, and communities, volunteers—especially women—have stepped up in unprecedented ways to support the nation’s survival. 

In this episode, host Viola Gienger is joined by Lauren Van Metre, President and CEO of Women in International Security (WIIS) and a non-resident Senior Fellow at the Atlantic Council’s Eurasia Center, and  Ella Lamakh, founder of the Kyiv-based Democracy Development Center, to discuss how Ukraine’s women in frontline communities have stepped up to lead the local response. The episode also features the voices of three of the women in Ella’s network who are serving their frontline communities with humanitarian aid, organizing, and in one case, as a military administrator. Special thanks to those community leaders – Valentyna Holovata, Yuliia Porhenko, and Tetiana (who asked to use only her first name for security purposes), and to Dmytro Lysak for translation.

Show Notes:  

FISA Section 702 Reauthorization17 May 202300:37:42

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 Fonzone
  • Josh Geltzer
  • Just Security’s FISA Section 702 coverage
  • 36:55 NYU’s American Journalism Online Program
  • Music: “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) 
A New Era for U.S. Asylum?12 May 202300:33:16

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: 

A Guilty Verdict in the Proud Boys Trial05 May 202300:34:09

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:  

The Battle for Sudan02 May 202300:33:29

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: 

Supreme Court Ethics 10121 Apr 202300:24:07

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 (@crfredrickson
  • Alan 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 Program
  • Music: “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)
The M23 Conflict in the Democratic Republic of Congo 14 Apr 202300:24:26

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 (@dlspound
  • Ari Tolany
  • Daniel and Ari’s Just Security article on the M23 conflict and the U.S. response 
  • Just Security’s DRC coverage
  • Just Security’s Rwanda coverage
  • 23:45 NYU’s American Journalism Online Program
  • Music: “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)
Is Evan Gershkovich’s Arrest the End of Free Press in Russia?07 Apr 202300:34:02

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 case
  • 33:10 NYU’s American Journalism Online Program
  • Music: “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)
An Indictment of Donald Trump31 Mar 202300:15:30

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 Investigation
  • Just Security’s Survey of Past New York Felony Prosecutions for Falsifying Business Records
  • Just security’s Survey of Past Criminal Prosecutions for Covert Payments to Benefit a Political Campaign
  • Music: “The Parade” by “Hey Pluto!” from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)
The Mayor of Les Irois31 Mar 202300:22:48

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: 

An Arrest Warrant for Putin18 Mar 202300:16:21

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 warrant
  • The International Criminal Court’s press release announcing the arrest warrants
  • Yale 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)
Decoding Trump’s AI Playbook: The AI Action Plan and What Comes Next24 Jul 202501:02:56


Yesterday, the White House released its long-awaited AI Action Plan and signed three executive orders on AI, laying out the Trump administration’s strategy to secure what it calls “unquestioned and unchallenged” U.S. dominance across the entire AI tech stack. Framing AI as a global race for technological supremacy, the Plan envisions nothing short of an industrial revolution, an information revolution—and even a renaissance—all driven by AI. 

To achieve that vision, the Plan is centered around three pillars: innovation, infrastructure, and international diplomacy and security. It calls for upskilling the workforce, revising federal rules, building high-security data centers, and tightening export controls—all whilst removing what the administration views as regulatory obstacles to faster AI adoption.

The plan also raises major questions. What’s the role of government in steering this technology responsibly? Are we building the right guardrails as we scale up? And what message is the U.S. sending to allies and adversaries as it charts a new course in AI policy?

Show Notes: 

What the Proud Boys and Oath Keepers Don't Want You to Know17 Mar 202300:30:52

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:  

Spies, Balloons, and International Law10 Mar 202300:20:18

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 Program
  • Music: “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) 
A Year in Russia's War Against Ukraine: Forging a US Response24 Feb 202300:51:48

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: 

 

 

 

 

 

Eliminating the Judicial “Blue Slip”13 Feb 202300:14:22

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 

Two Years After the Myanmar Coup01 Feb 202300:22:04

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 

How Should the Press Cover Democracy?27 Jan 202300:22:58

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: 

Closing the War Crimes Impunity Gap20 Jan 202300:15:18

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:  

Promoting Diversity in the U.S. Military 13 Jan 202300:23:00

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: 

Unfinished Business of Jan 6th Committee06 Jan 202300:20:41

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: 

The Conclusion of the January 6th Committee 21 Dec 202200:19:28

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: 

What Just Happened: The Budget Bill and the Future of DHS and ICE18 Jul 202500:43:17

The massive budget bill that passed this month allocates tens of billions of dollars to the Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), and Homeland Security Investigation (HSI). The influx of funding of that scope and size will significantly expand the role DHS and immigration enforcement agencies play in American life.

What are the the institutional constraints on the FBI and law enforcement agencies compared to those on DHS and immigration enforcement? 

 To help unpack what these differences might mean for achieving policy objectives while protecting civil liberties and providing political accountability, host David Aaron is joined by Steve Cash, who comes with a wealth of high-level experience in Congress and the executive branch and who most recently served as Senior Advisor to the Under Secretary of the Department of Homeland Security.  

Show Note:

 

Civilian Protection and War Powers in the 2023 National Defense Bill16 Dec 202200:13:57

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: 

The Balance of Power in a New Senate09 Dec 202200:13:10

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: 

Recapping the U.N. Climate Talks 03 Dec 202200:16:54

Every year, nations from around the world gather for a meeting on climate change. It's called the Conference of State Parties, or COP, and this year it took place in Sharm El Sheikh, Egypt. To speak about the big trends of COP 27 and the major takeaways for what happens next, we have Mark Nevitt, a professor at Emory Law School and an expert on climate change and national security.

Show Notes: 

  • Mark Nevitt (@MarkNevitt
  • 5:17 Pakistani Prime Minister Muhammad Shehbaz Sharif’s remarks to the U.N. General Assembly on Sept. 23, 2022 
  • 8:13 Seychelles President Wavel Ramkalawan’s remarks at COP 27 on Nov. 8, 2022
  • 16:10 NYU’s American Journalism Online Program
  • 16:40 Mark’s Just Security article previewing COP 27 
  • Just Security’s COP 27 tracker with notable moments and key themes  
  • Lisa Benjamin’s (@DrLisaBenjamin) Just Security article analyzing the future of loss and damage after COP 27
  • Music: “The Parade” by “Hey Pluto!” from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)
United States v. Trump: A Model Prosecution Memo for Mar-a-Lago16 Nov 202200:27:50

It’s been over three months since the FBI searched Donald Trump’s Mar-a-Lago home. We know that Trump kept classified documents after he left office. But since the search, we haven’t heard much information about what exactly the Justice Department plans to do about it. That’s pretty common. After all, investigations take time. Whatever the Justice Department’s timeline is, the investigation is likely to end in a document called a Prosecution Memorandum. It’s what prosecutors use when they evaluate whether to charge a person with a crime. And for Trump, that type of memo will be especially confidential and sensitive. It’s likely to present all the evidence, like what the FBI learned from searching Mar-a-Lago, consider what federal laws Trump might have broken, and analyze Trump’s best defenses.

Just Security’s “Model Prosecution Memo” considers the publicly available information from court documents and news reports. It also compares Trump’s alleged conduct to the entire universe of cases that DOJ has prosecuted under the same criminal laws. The memo concludes that Trump’s conduct exceeds the gravity of other former officials who the Justice Department has charged for the mishandling of classified documents. 

To discuss the Model Prosecution Memo we have Andrew Weissmann, Joyce Vance, and Ryan Goodman, who were among the memo’s authors. Andrew has served in many senior Justice Department roles, including on the core team for Special Counsel Robert Mueller, Joyce served as the former United States Attorney for the Northern District of Alabama, and Ryan is Just Security’s Co-Editor-in-Chief. 

Show Notes: 

The FBI’s January 6th Intelligence Failures 10 Nov 202200:30:54

The January 6th Committee is wrapping up its work, which has provided a detailed account of the individuals and groups involved in the attack. Thanks to the Committee, we know that law enforcement agencies like the FBI had intelligence about the attack ahead of time. What we don’t know is how they used that information or why they failed to stop the attack. 

Joining on this episode to discuss what the FBI knew, the culture inside the Bureau, and how to address reforms, are Andrew McCabe and Asha Rangappa. Andrew served as the FBI’s Deputy Director and Acting Director during the Obama and Trump administrations, and Asha is a former FBI special agent. 

Show Notes:  

Getting Into Putin’s Head 07 Nov 202200:17:50

This year, the war in Ukraine has dominated news headlines and been on everyone’s mind. At the heart of it is Russian President Vladimir Putin, who began his career as a spy with the KGB. To understand a former spy, you need a former spy. Doug London is fluent in Russian and spent nearly 40 years with the CIA, as an operations officer and station chief in Southeast Asia, Africa, and the Middle East. On this episode, he discusses Putin’s background, mindset, and strategies for the United States and others to address Russia’s aggression in Ukraine. 

Show Notes: 

The Biden Administration’s Secret Drone Policy (Pilot Episode)29 Oct 202200:20:09

New York Times national security correspondent Charlie Savage reported that the Biden administration has issued a still-classified policy on some types of counterterrorism operations, such as drone strikes and commando raids. That policy, the Presidential Policy Memorandum (PPM), follows earlier guidance from the Obama and Trump administrations. 

For reactions to the PPM, Just Security has a written mini-series from our lineup of expert authors. On this week’s episode, Yale Law School professor Oona Hathaway and New America International Security Program Fellow Luke Hartig discuss the Biden plan and what it all means for U.S. counterterrorism efforts and forever war. 

Show Notes:

  • Oona A. Hathaway (@oonahathaway)  
  • Luke Hartig (@LukeHartig)
  • Just Security mini-series on President Biden’s Presidential Policy Memo (PPM)
  • 0:23 Charlie Savage’s NYT article on the PPM
  • 2:20 President Obama’s Presidential Policy Guidance (PPG)
  • 3:12 President Trump’s Principles, Standards, and Procedures (PSP
  • 16:33  New York Times coverage of Aug. 29, 2021 Kabul drone strike that killed 10 civilians 
  • 17:40 New York Times coverage of March 18, 2019 Baghuz drone strike that killed about 70 civilians 
  • 18:20 Azmat Khan’s Pulitzer-winning reporting on U.S. drone strikes in Iraq, Syria, and Afghanistan 
  • Music: “The Parade” by “Hey Pluto!” from Uppbeat: https://uppbeat.io/t/hey-pluto/the-parade (License code: 36B6ODD7Y6ODZ3BX)
Trump’s Shift on Ukraine and Russia: A Conversation with Amb. Daniel Fried and Dara Massicot17 Jul 202500:36:45

President Donald Trump this week put weapons behind his growing irritation with Russian President Vladimir Putin’s intransigence on negotiations to end the war in Ukraine. Meeting at the White House with NATO Secretary-General Mark Rutte, President Trump announced that the United States will work with European allies in NATO to send advanced weapon systems, including Patriot missile batteries, to Ukraine. He also threatened tariffs and additional sanctions against Russia and countries that do business with it if it doesn’t ease its assault on Ukraine and make progress on stalled peace talks within 50 days. 

What impact is this policy shift likely to have on the war in Ukraine? Will the combination of military support for Ukraine and economic threats toward Russia succeed in forcing President Putin to the negotiating table, or could they spur further escalation? 

On this episode, host Viola Gienger is joined by Ambassador Daniel Fried and Dara Massicot to discuss Trump’s policy shift on Ukraine and its impact.

Show Notes:

The Srebrenica Genocide 30 Years On--Remembrance and Prevention in Bosnia and Beyond11 Jul 202500:38:30

In a picturesque valley in the mountains of eastern Bosnia, thousands of white gravestones bear witness to a mass atrocity that still struggles for a place in Europe’s conscience. Nearly 8,400 names are etched into a stone memorial, a stark reminder of the Srebrenica Genocide committed by Bosnian Serb forces against Bosnian Muslims in July 1995 – 30 years ago this year. And yet, too many political leaders and others continue denying the scale and scope of the travesty that unfolded there.

What has the world learned about genocide denial since Srebrenica? How has that denial echoed persistent efforts to negate or diminish the Holocaust? And how does denial and the politics around it tie into efforts to prevent a repeat elsewhere in the world?

Viola Gienger, Washington Senior Editor at Just Security is joined by Sead Turcalo, Professor of Security Studies at the University of Sarajevo and author of Thirty Years After the Srebrenica Genocide: Remembrance and the Global Fight Against Denial, published in Just Security; Velma Saric, founder and president of the Post-Conflict Research Center in Sarajevo; and Jacqueline Geis, Senior Director at the consulting firm Strategy for Humanity and a Research Fellow at the Human Rights Center at the University of California Berkeley School of Law

Show Notes:  

Unpacking the European Court of Human Rights Decision on Russia’s Violations in Ukraine09 Jul 202500:57:06

Today, the European Court of Human Rights (ECHR) delivered its highly anticipated judgement in the case of Ukraine and the Netherlands v. Russia–a watershed moment in international human rights law. 

In this episode, Just Security Executive Editor and professor at American University Washington College of Law Rebecca Hamilton, and Just Security editorial board member and professor of International Law at the Fletcher School of Law & Diplomacy Tom Dannenbaum join Just Security co-editor-in-chief Ryan Goodman to break down the Court’s reasoning, the legal standards applied, and the potential ramifications for the ongoing conflict and the future of international justice. 

Show Note: 

Is There a Diplomatic Path for Iran’s Nuclear Program? An Interview with Richard Nephew07 Jul 202500:56:40

Iran’s nuclear program has long been a source of international tension. Early in U.S. President Donald Trump’s second term, hopes for a diplomatic resolution resurfaced—until June, when Israel launched strikes on Iranian nuclear and military sites. Days later, the United States joined the conflict, bombing three sites within Iran. Iran retaliated with missile attacks in Israel and a U.S. base in Qatar, and suspended cooperation with nuclear inspectors.

With both Washington and Tehran signaling interest in returning to talks despite the violence, what are the prospects for diplomacy now? To discuss where things stand and what a path forward might look like, Just Security’s co-editor-in-chief Tess Bridgeman is joined by Richard Nephew, a leading expert on Iran’s nuclear program and former Deputy Special Envoy for Iran.

Show Notes: 

A Ukrainian MP Takes Stock of the NATO Summit and the Prospects for Peace27 Jun 202500:24:29

The leaders of NATO, the North Atlantic Treaty Alliance, just finished their annual Summit in The Hague in The Netherlands, as Ukraine continues its existential fight against Russia’s full-scale invasion that began more than three years ago. That invasion, preceded six years earlier by the capture of Crimea and parts of eastern Ukraine, set off the biggest war in Europe since World War II. 

How do Ukrainian leaders see the outcome of the NATO Summit? What are the prospects for negotiations, and how are Ukrainians faring in the meantime? And what about relations between Ukraine and the United States under this new administration in Washington? And with its European partners? 

Washington Senior Editor Viola Gienger and guest host Lauren Van Metre spoke with Ukrainian MP Oleksiy Goncharenko to answer some of these crucial questions. 


Show Notes:

The Situation in Los Angeles and the U.S. Military: Legal and Policy Implications13 Jun 202500:53:18

Over the past several days, the Trump administration has taken increasingly drastic steps in response to protest activity and unrest in Los Angeles — including federalizing 4,000 National Guard troops and sending hundreds of Marines, against the objections of California’s state and local leadership. 

As events unfold on the ground in LA, and in the lead-up to further anticipated protests this weekend, Just Security and the Reiss Center on Law and Security hosted a YouTube Live event to examine the pressing legal and policy issues at stake. 

Notes: 

  • Watch the full June 12th, 2025 event on YouTube, here.
  • Elizabeth Goitein: Senior Director, Liberty & National Security Program, Brennan Center for Justice
  • Mary B. McCord: Visiting Professor of Law and Executive Director, Institute for Constitutional Advocacy and Protection, Georgetown Law; Member, Board of Directors, Just Security 
  • Steve Vladeck: Agnes Williams Sesquicentennial Professor of Federal Courts, Georgetown Law; Executive Editor, Just Security   
  • Ryan Goodman: Anne and Joel Ehrenkranz Professor of Law and Faculty Co-Director, Reiss Center on Law and Security, NYU School of Law; Founding Co-Editor-in-Chief, Just Security 
  • Just Security’s Civilian-Military Relations coverage. 
  • Just Security’s Domestic Deployment of the U.S. Military coverage.  
  • Just Security’s Law Enforcement archives. 
Murder on the High Seas Part III21 Oct 202500:34:23

Since early September, President Donald Trump has ordered a series of U.S. military strikes on vessels in the Caribbean Sea the administration claims are linked to drug trafficking groups, leaving 32 people dead. One recent strike left two survivors, briefly detained by the U.S. military, and now reportedly repatriated to Colombia and Ecuador. The latest strike was reported by the Trump administration to have targeted suspected drug traffickers affiliated with a Colombian rebel group. The White House continues to defend the killings as part of a so-called war on “narco-terrorists,” while legal experts have resoundingly rejected the administration’s claims to wartime authorities.

Tess Bridgeman is joined by Rebecca Ingber and Brian Finucane to assess the latest strikes, the brief detention of two survivors, where the campaign may be headed, and what it signals for executive power, accountability, and oversight moving forward.

Show Notes:

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