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PODCAST

The Lawfare Podcast

The Lawfare Institute

The Lawfare Podcast features discussions with experts, policymakers, and opinion leaders at the nexus of national security, law, and policy. On issues from foreign policy, homeland security, intelligence, and cybersecurity to governance and law, we have doubled down on seriousness at a time when others are running away from it. Visit us at www.lawfaremedia.org.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

government politics

All Episodes

1:22:22

Chatter: "A City on Mars," with Dr. Kelly and Zach...

The Lawfare Podcast ·

2024/01/25

Outer space is back in style. For the first time in decades, NASA is sending astronauts back to the moon. Millionaires are exiting the atmosphere on a regular basis. And Elon Musk says humans may land on Mars to set up settlements by 2030. But would mastering space be worth it?In their new book, “A City on Mars,” co-authors (and spouses) Dr. Kelly and Zach Weinersmith argue that it’s probably not. From biology to engineering to international law, they charmingly survey the many charms and dangers

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42:18

‘Democracy Awakening’ with Heather Cox Richardson

The Lawfare Podcast ·

2024/01/25

Heather Cox Richardson is the author of the book “Democracy Awakening: Notes on the State of America,” which looks at the evolution of American democracy and traces the roots of Donald Trump’s “authoritarian experiment” to the earliest days of the republic. Lawfare’s Associate Editor for Communications Anna Hickey sat down with Richardson to discuss the state of American democracy today, the historical context we should use to understand the current threats to democracy, and what we can learn from

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1:04:22

Jim Dempsey on Standards for Software Liability

The Lawfare Podcast ·

2024/01/24

Software liability has been dubbed the “third rail of cybersecurity policy.” But the Biden administration’s National Cybersecurity Strategy directly takes it on, seeking toshift liabilityonto those who should be taking reasonable precautions to secure their software.What should a software liability regime look like? Jim Dempsey, a Senior Policy Adviser at the Stanford Cyber Policy Center, recently published a paper as part ofLawfare’sSecurity by Design projectentitled “Standards for Software

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37:52

Shoba Pillay and Jennifer Lee on the SEC SolarWinds...

The Lawfare Podcast ·

2024/01/23

The fallout from the SolarWinds intrusion took a new turn with the U.S. Security and Exchange Commission’s (SEC) decision to file a cybersecurity-related enforcement action against the SolarWinds corporation and its Chief Information Security Officer (CISO), Timothy G. Brown, on October 30 of last year. To talk about the details and significance of this enforcement action, Lawfare Senior Editor Stephanie Pell sat down with Shoba Pillay, a partner at Jenner & Block and a former federal

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51:32

Waxman and Ramsey on Delegating War Power

The Lawfare Podcast ·

2024/01/22

There is much debate among academics and policy experts over the power the Constitution affords to the president and Congress to initiate military conflicts. But as Michael Ramsey and Matthew Waxman, law professors at the University of San Diego and Columbia, respectively, point out in arecent law review article, this focus misses the mark. In fact, the most salient constitutional war powers question—in our current era dominated by authorizations for the use of military force—is not whether the

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1:15:08

Rational Security: The “Three-Ring Circus” Edition

The Lawfare Podcast ·

2024/01/21

This week on Rational Security, Quinta and Scott were joined by Lawfare Senior Editor and Brookings Institution Senior Fellow Molly Reynolds to talk through some big stories at the intersection of politics and national security, including:“Over the Hill.” Congress is back in town and up to its old tricks, kicking the can of government funding down the road and still debating a funding package for Ukraine and other Biden administration priorities. As President Biden prepares to meet with

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1:15:47

Trump’s Trials and Tribulations: Still Waiting on the...

The Lawfare Podcast ·

2024/01/20

It's anotherepisodeof “Trump's Trials and Tribulations,” recorded on January 18 in front of a live audience on YouTube and Zoom. Lawfare Editor-in-Chief Benjamin Wittes and Lawfare Senior Editors Quinta Jurecic and Roger Parloff discussed where the Section 3 disqualification litigation stands across the country and at the Supreme Court, about some amicus briefs, about the lack of action from the D.C. Circuit Court of Appeals on Trump's presidential immunity defense, and about a puzzling statement

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37:10

Lawfare Archive: About That Border Wall

The Lawfare Podcast ·

2024/01/20

From January 28, 2017: President Trump kicked off the first foreign policy crisis of his new administration by signing an executive order mandating the construction of the much-promised border wall with Mexico, resulting in as-yet-unresolved confusion as to how the wall will be paid for and an ongoing diplomatic scuffle with Mexican President Enrique Peña Nieto. Benjamin Wittes spoke with Stephanie Leutert, the Mexico Security Initiative Fellow at the University of Texas at Austin and writer

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42:08

Justin Sherman on the FTC Settlement with Location...

The Lawfare Podcast ·

2024/01/19

Last week, the Federal Trade Commission (FTC) reached a settlement with location data broker X-Mode Social. X-Mode collects over 10 billion location data points from all over the world every day, and sells it to clients in a range of industries, like advertisers, consulting firms, and private government contractors. The FTC argued that the data broker was conducting unfair business practices, including selling people’s sensitive location data.To discuss the FTC settlement and its implications,

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55:31

Chatter: Nuclear Launch Authority in Myth and...

The Lawfare Podcast ·

2024/01/18

Lloyd Austin's hospitalization and delayed communication about it have spurred much commentary and questions about the role of the secretary of defense in the US nuclear-strike chain of command.David Priess spoke with Hans Kristensen, Director of the Nuclear Information Project at the Federation of American Scientists, about his path to expertise on nuclear issues, the chain of command for nuclear strike authorization (and recent comments from elected representatives that misunderstand it),

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56:54

Protecting Civilians in Gaza and Beyond with Marc...

The Lawfare Podcast ·

2024/01/18

Last month, the Department of Defense released its first-ever policy on civilian harm reduction. But asMarc Garlasco recently wrote inLawfare, “[T]he policy comes at an awkward time … The U.S. military has issued guidance on how to protect civilians during operations just as its close ally Israel has reportedly killed thousands of Palestinians with American bombs.”And yet, many aspects of the new policy are nothing short of groundbreaking.Lawfare Managing Editor Tyler McBrien sat down with Marc, a

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57:09

Chimène Keitner on South Africa, Israel, and the...

The Lawfare Podcast ·

2024/01/17

Chimène Keitneris the Martin Luther King Jr. Professor of Law at the University of California at Davis. She is a leading international law authority and served for a number of years at the State Department’s Office of the Legal Adviser. She is the author of a lengthy piece in Lawfare about South Africa's petition under the Genocide Convention against Israel in the International Court of Justice.Chimène joined Lawfare Editor-in-Chief Benjamin Wittes to talk about the litigation. What is South

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49:43

Greg Johnsen and Scott Anderson on the Fight Against...

The Lawfare Podcast ·

2024/01/16

Over the last two months, Houthi militants have waged more than 27 attacks against merchant shipping and U.S. and partner forces in the Red Sea, the Gulf of Aden, and the Bab al-Mandeb Strait, purportedly in response to the war in Gaza. These attacks have significantly disrupted global shipping and surged the Middle East into an even more precarious security situation. Following a large-scale Houthi attack on U.S. and British ships, the U.S. and U.K. on Jan. 11 launched over 150 munitions targeting

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1:02:37

Lawfare Archive: What Happens When We Don’t Believe...

The Lawfare Podcast ·

2024/01/15

From March 4, 2017: Yesterday,Just Securityand the Center on Law and Security at New York University School of Law hosted Benjamin Wittes for aconversationon a question about the path of the Trump presidency so far: what happens when we can’t take the president’s oath of office seriously?Ben’s talk focused on anessayhe and Quinta Jurecic posted toLawfaresimultaneously with the speech, in which they argued that the presidential oath—little discussed though it may be in constitutional jurisprudence

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1:18:21

Rational Security: The “Courtroom Drama” Edition

The Lawfare Podcast ·

2024/01/14

This week on Rational Security, Quinta and Scott were joined byLawfareExecutive Editor Natalie Orpett to discuss the week’s big national security and courtroom news, including:“Ergo Omnes.” South Africa has brought Israel to the International Court of Justice for actions relating to its military campaign in Gaza, based on a novel legal theory that alleges Israeli violations of the Genocide Convention and asserts standing by virtue of the universal obligation to prevent genocide. What practical

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1:22:54

Trump's Trials and Tribulations: The 14th Amendment...

The Lawfare Podcast ·

2024/01/13

It's anotherepisodeof “Trump's Trials and Tribulations,” recorded on January 11 in front of a live audience on YouTube and Zoom. Lawfare Editor-in-Chief Benjamin Wittes spoke with Lawfare Senior Editors Quinta Jurecic and Roger Parloff, and Lawfare Legal Fellow Anna Bower, about the closing arguments in the New York civil case, about the Supreme Court's decision to grant Trump's petition for it to review the Colorado Supreme Court's decision barring him from the ballot under the 14th Amendment, and

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40:32

Lawfare Archive: Gregory Johnsen Answers "What is a...

The Lawfare Podcast ·

2024/01/13

From September 26, 2015: On this week’sLawfare Podcast, Gregory Johnsen outlines the current state-of-play in Yemen. Johnsen, who is a writer-at-large forBuzzfeed News, a doctoral candidate at Princeton University, and an all-things-Yemen-expert, walks Ben through the byzantine power politics in Sanaa that led to the conflict now engulfing Yemen and he explains why the war shouldn’t be viewed as just another Sunni-Shia fight. Yet while he clarifies that the issues that sparked the war are much more

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44:17

Trump’s Civil Fraud Trial

The Lawfare Podcast ·

2024/01/12

On January 11, 2024, Donald J. Trump arrived in a New York courtroom for closing arguments in the civil fraud case against the former president, his company, and his adult sons. The suit, brought by the state’s attorney general Letitia James, alleges that Trump and his company misled lenders about the former president’s net worth in order to secure better business deals. The case is not Trump’s only legal trouble, but it’s one that could have a consequential impact for his family business and the

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51:50

Chatter: “The Day After” and Dad with A. B. Stoddard

The Lawfare Podcast ·

2024/01/11

Brandon Stoddard was one of the most accomplished executives in broadcast television history. In his career at ABC, he helped bring to the small screen such legendary mini-series as “Roots” and “The Winds of War,” as well as the acclaimed television series “Moonlighting” and “Roseanne.” But arguably his most consequential and controversial decision was to air the made-for-TV movie “The Day After,” which graphically depicted the effects of a nuclear war between the United States and the Soviet

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56:17

Yuval Shany and Amichai Cohen on the Israeli Supreme...

The Lawfare Podcast ·

2024/01/11

The Israeli Supreme Court—in the middle of the war in Gaza—handed down a decision that amounts to a kind of death blow to Prime Minister Bibi Netanyahu's judicial reform project.Before October 7, judicial overhaul was all that anybody was talking about in Israeli politics—you know, a five-part legislative plan to assert parliamentary control over the judiciary and reduce Israel's checks and balances into a more majoritarian system. Only one part of it passed, and the Supreme Court has now struck it

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2,929 results

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