The Lawfare Podcast: Escalation, Episode Three - "Us vs. Them"

Release Date: May 29, 2025
Hosts: Tyler McBrien and Anastasiya Lapatina
Description: This episode delves into the intricate and tumultuous history of U.S.-Ukrainian relations from Ukrainian independence in the late 20th century through the early 2000s, highlighting rampant corruption, the assassination of a prominent journalist, and the rise of Vladimir Putin amid shifting geopolitical landscapes.

1. Introduction

In "Us vs. Them," the third episode of the "Escalation" series, hosts Tyler McBrien and Anastasiya Lapatina explore the fraught relationship between the United States and Ukraine during a period marked by corruption, political upheaval, and significant geopolitical shifts. This episode sets the stage by examining the late 1990s to early 2000s, a time when both Ukraine and Russia grappled with internal corruption and authoritarian tendencies, respectively, against the backdrop of emerging global security concerns.

2. The Corruption Crisis in Ukraine

Georgi Gangadze's Investigative Journalism

At the heart of Ukraine's struggle during the late 1990s was rampant corruption under President Leonid Kuchma. The episode introduces Miroslava Gangadze, head of the Eastern Europe newsroom at Voice of America, and her husband, Georgi Gangadze, a prominent Ukrainian journalist dedicated to exposing governmental corruption.

Miroslava recounts the challenges faced by journalists in this era:

"In the late 90s and early 2000s, in Ukraine, it was like the depression for Americans, only with political upheaval thrown in. How do you build a democracy on the rotting corpse of a communist government?"
— Anastasiya Lapatina [08:13]

The Murder of Georgi Gangadze

Georgi's relentless pursuit of the truth led him to uncover the so-called "Kuchma Klan," a network of loyalists granted political and personal favors by President Kuchma. His groundbreaking reports drew the ire of the administration, culminating in fierce government retaliation. After publishing critical stories, Georgi faced increasing pressure, culminating in his mysterious disappearance and subsequent murder:

"When I didn't come home that night, I was actually first angry because I was like, okay, what is going on? He's somewhere."
— Miroslava Gangadze [12:51]

Georgi's abduction and gruesome death ignited public outcry, leading to the infamous "Kuchmagate" scandal. Although several members of Kuchma's Interior Ministry were convicted for his murder in 2005, President Kuchma himself evaded direct implication, leaving lingering tensions and a tarnished political landscape.

Impact on U.S.-Ukraine Relations

The scandal significantly strained Ukraine's relationship with the United States. Despite exposing deep-seated corruption, American policymakers largely turned a blind eye, prioritizing national security interests, especially following the events of September 11, 2001.

"It's an example of America doing what's best for America, of its prevailing national security interests that after 9/11, completely overshadow everything else."
— Tyler McBrien [05:18]

3. Vladimir Putin's Ascension in Russia

Early Career and Political Maneuvering

Parallel to Ukraine's struggles, Russia witnessed the emergence of Vladimir Putin, whose rise from a KGB operative to the Prime Minister and eventually the President encapsulated a shift towards authoritarianism. David Satter, an American journalist in Moscow, provides insight into Putin's early tactics:

"He was the defender of the nation, and the nation consolidated around him and forgot what the real issue was, which was the massive corruption of the Yeltsin era, in which Putin had definitely participated."
— David Satter [28:28]

The Ryazan Incident and Consolidation of Power

A pivotal moment in Putin's rise was the Ryazan incident in September 1999, where bombs were planted in Ryazan under suspicious circumstances. Officially labeled a false flag operation by the FSB (Federal Security Service), credible insiders suggested it was orchestrated to cement Putin's image as a national savior. The aftermath saw the elimination of dissenting voices, including the murders of investigative journalists like Anna Politkovskaya and Alexander Litvinenko.

"And various Russians formed a social commission to investigate. And one by one, they were intimidated, attacked physically, or murdered."
— David Satter [29:56]

Within months, Boris Yeltsin appointed Putin as acting president, and by December 1999, Putin assumed the presidency with significant public support, bolstered by his handling of the Ryazan incident.

4. The Impact of September 11, 2001

The tragic events of 9/11 reshaped global priorities, thrusting the United States into a prolonged engagement in the Middle East. This seismic shift had profound implications for U.S.-Russia relations and the ongoing political dynamics in Ukraine.

Shifting U.S. Priorities

Post-9/11, the U.S. government redirected its focus towards combating terrorism, sidelining concerns over Ukrainian corruption. This pivot allowed for a pragmatic, if morally questionable, alignment with Vladimir Putin's Russia, prioritizing national security over democratic ideals.

"Putin may be corrupt, he may be murderous, he may be tearing down hopes for democracy in Russia, but he's working with us. And in the wake of 9/11, that's the only thing that matters."
— Tyler McBrien [32:33]

Geopolitical Realignments

The U.S.-Russia alliance against terrorism, despite Putin's authoritarian regime, exemplified the complex interplay between ethics and national interests. This relationship was characterized by cooperation in intelligence sharing and diplomatic efforts, overshadowing prior tensions and corruption scandals.

"We made the first and most fundamental mistake you can make in foreign policy, which was to base it on personalities rather than principles."
— David Satter [23:35]

5. The Kuchmagate Scandal's Lingering Effects

Despite the "Kuchmagate" scandal's initial uproar, its fallout was swiftly overshadowed by subsequent global events, notably the U.S. invasion of Iraq in 2003. The scandal weakened Ukraine's credibility but did little to recalibrate its relationship with the United States, which remained preoccupied with broader geopolitical strategies.

Erosion of Trust

The U.S. suspension of aid and cancellation of summits with Ukraine underscored the deep fissures that corruption can cause in international partnerships. However, geopolitical exigencies often trumped these concerns, leading to a continued tenuous alliance.

"The Kuchmagid scandal is largely forgotten in Washington, but America's trust in Ukraine remains shaken."
— Anastasiya Lapatina [37:12]

6. Conclusion

"Us vs. Them" paints a compelling narrative of how internal corruption and authoritarianism in Ukraine and Russia intersected with shifting U.S. foreign policy priorities in the post-9/11 world. The episode underscores the complexities of international relations, where moral imperatives are frequently weighed against strategic interests. By chronicling the assassination of Georgi Gangadze and the rise of Vladimir Putin, the episode highlights the enduring challenges of fostering democratic institutions amidst pervasive corruption and entrenched power structures.

Notable Quotes:

• "It's an example of America doing what's best for America, of its prevailing national security interests that after 9/11, completely overshadow everything else."
  — Tyler McBrien [05:18]

• "He was the defender of the nation, and the nation consolidated around him and forgot what the real issue was, which was the massive corruption of the Yeltsin era, in which Putin had definitely participated."
  — David Satter [28:28]

• "Putin may be corrupt, he may be murderous, he may be tearing down hopes for democracy in Russia, but he's working with us. And in the wake of 9/11, that's the only thing that matters."
  — Tyler McBrien [32:33]

Additional Information:

For those interested in exploring more about the topics discussed, "Escalation" is part of a series produced by Lawfare and Goat Rodeo. Listeners can access the full series on the Lawfare Presents channel or through various podcast platforms.