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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

1:00:09

Debriefing on the Presidential Immunity Argument at...

The Lawfare Podcast ·

2024/01/10

Yesterday, a panel of judges at the D.C. Circuit Court of Appeals heard oral arguments in former President Trump's appeal of Judge Chutkan's denial of his claims of presidential immunity in the Jan. 6 case.On a livestream yesterday afternoon to talk over what happened in every phase of the oral arguments, Lawfare Editor-in-Chief Benjamin Wittes spoke with Lawfare Legal Fellow Anna Bower who was in the room for the arguments, and Lawfare Senior Editors Scott R. Anderson, Quinta Jurecic, and Roger

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52:22

Michael Gottlieb on that Giant Judgment Against Rudy...

The Lawfare Podcast ·

2024/01/09

Michael J. Gottlieb is a litigation partner at the Willkie law firm. He is a long-time national security lawyer, served in Barack Obama's White House Counsel's office, and used to be the civilian lead on a task force that built rule of law institutions in Afghanistan.Late last year, he won a $148 million dollar judgment against Rudy Giuliani on behalf of election workers Shaye Moss and Ruby Freeman. He joined Lawfare Editor-in-Chief Benjamin Wittes to talk about the case, how he and the advocacy

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50:43

Presidential Immunity at the D.C. Circuit

The Lawfare Podcast ·

2024/01/08

On Tuesday, Jan. 9, the D.C. Circuit Court of Appeals is set to hear oral argument in United States v. Trump. Trump, indicted in D.C. for alleged crimes related to election interference, is appealing the trial court’s denial of his motion to dismiss based on presidential immunity and constitutional grounds.Ahead of the hearing, we gathered an all-star team to discuss the merits of Trump’s appeal and how the D.C. Circuit might rule. Lawfare Legal Fellow and Courts Correspondent Anna Bower sat down

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1:07:15

Rational Security: The “Dry January” Edition

The Lawfare Podcast ·

2024/01/07

This week on Rational Security, Quinta and Scott were joined byLawfareLegal Fellow Anna Bower to talk through the week’s big national security news, including:“Hamas, No Más.” A senior Hamas official was recently killed in an attack in Beirut, in what many believe was an operation by Israel—a country whose leaders have pledged to target Hamas’s leaders wherever they might be, though it has not formally acknowledged involvement in this particular attack. But pursuing such action across a border that

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1:24:35

Trump’s Trials and Tribulations: A New Year's Update

The Lawfare Podcast ·

2024/01/06

It's anotherepisodeof “Trump's Trials and Tribulations,” recorded on January 4 in front of a live audience on YouTube and Zoom. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Legal Fellow Anna Bower and Lawfare Senior Editor Roger Parloff to discuss all of the Section 3 litigation happening across the country from Colorado to Maine. They talked about where the D.C. case stands and whether the Jan. 6 trial will start on March 4. And they took questions from a live audience.This is a

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1:01:07

Lawfare Archive: The War in Yemen (and Congress’s...

The Lawfare Podcast ·

2024/01/06

From December 11, 2018: Last week, Benjamin Wittes sat down with Gregory Johnsen, a former member of the U.N. Security Council Panel of Experts on Yemen and the author of the book "The Last Refuge: Yemen, Al-Qaeda, and America’s War in Arabia," to do a deep dive on the conflict in Yemen: its origins; its current state; and the role Iran, Saudi Arabia, and the United States have played and are likely to play moving forward. Joining Ben and Greg was Daniel Byman, senior fellow at the Brookings

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42:31

The Marshall Islands’ Sweeping Climate Adaptation...

The Lawfare Podcast ·

2024/01/05

Last month, at COP28 in Dubai, the Republic of the Marshall Islands unveiled its sweeping national climate adaptation plan, the multi-year product of government officials interviewing thousands of Marshallese residents across the country’s dozens of coral atolls.The plan is ambitious and groundbreaking because it has to be. As John Silk, foreign minister of the Marshall Islands, said in September, “We call it our national adaptation plan, but it is really our survival plan.”Lawfare Managing Editor

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1:13:16

Chatter: Lessons from the Decade of Mass Protests,...

The Lawfare Podcast ·

2024/01/04

From the protests in Brazil initially focused on bus fares to the protests in Hong Kong seeking to stop an extradition bill to the protests across the Middle East now collectively referred to as the "Arab Spring," the political and economic mass demonstrations from 2010 to 2020 made it a decade of public protest like no other. Yet the vast majority of these efforts failed to bring about their desired changes--and many of them actually led to the opposite of what they wanted. Vincent Bevins, author

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56:38

Israel, Gaza, and the Law of War

The Lawfare Podcast ·

2024/01/04

The conflict between Israel and Hamas is provoking heated debates about which side is in the right. Each accuses the other of things like war crimes. Oftentimes, they’re expressing a political or moral judgment—but the fact is, these are also legal terms.So for this discussion, we’re going to step back from the debates and try to take a dispassionate look at the law that applies here—international humanitarian law, or IHL.To do that, Lawfare Executive Editor Natalie Orpett sat down with Gabor Rona,

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49:27

How Are the TikTok Bans Holding Up in Court?

The Lawfare Podcast ·

2024/01/03

In May 2023, Montanapassed a new lawthat would ban the use of TikTok within the state starting on January 1, 2024. But as of today, TikTok is still legal in the state of Montana—thanks to a preliminary injunction issued by a federal district judge, who found that the Montana law likely violated the First Amendment. In Texas, meanwhile, another federal judge recently upheld a more limited ban against the use of TikTok on state-owned devices. What should we make of these rulings, and how should we

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1:24:09

Ask Us Anything About 2023

The Lawfare Podcast ·

2024/01/02

Welcome to our annual “Ask Us Anything” episode, a hallowed Lawfare tradition. Every news alert in 2023 seemed to bring new questions. But fear not, becauseLawfarehas answers.Lawfare senior editors answered listener-submitted questions onthe Israel-Gaza War, military aid to Ukraine, the Trump trials, gag orders against the former president, the presidential pardon ability,violence against elected officials, efforts to combat corruption, and more. What a year!Support this show

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44:51

Lawfare Archive: Hardcore Dan Carlin

The Lawfare Podcast ·

2024/01/01

From September 27, 2014: A few weeks ago, Benjamin Wittes began listening to a podcast calledHardcore History, which is the brainchild of a fellow named Dan Carlin. Carlin was doing a series of episodes on World War I, and Hardcore History is—let's just say—a different sort of podcast. The episodes are very long, very involved, and to Ben at least, completely riveting. Ben can't recommend it highly enough. Carlin, a former radio talk show host, also runs a podcast calledCommon Sense, which focuses

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1:35:26

Rational Security: The “Unboxing Day” Edition

The Lawfare Podcast ·

2023/12/31

This week on Rational Security, Quinta and Scott rang in the New Year with co-host emeritus Benjamin Wittes by discussing some listener-submitted topics, including:What does the AUKUS deal mean for the Five Eyes intelligence relationship?How can courts enforce a gag order against former President Trump?What would a President Nikki Haley mean for the Republican Party’s foreign policy?Which is better, wizards or fighters?Could anything stop former President Trump from appointing a cabinet of loyalists

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1:22:57

Lawfare Archive: The Future of Warfare

The Lawfare Podcast ·

2023/12/30

From February 9, 2019: From the increasing development of autonomous weapons systems to the expansion of the traditional battlefield to cyber and outer space, the evolution of warfare invites ethical and legal questions about what the future holds. In November 2018, Arnold & Porter's Veterans and Affiliates Leadership Organization hosted a panel discussion to explain what warfare will be like for the military veterans of the future.Former Air Force and Army general counsel and current Arnold

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55:12

Sam Lebovic on the Espionage Act's Unlikely History

The Lawfare Podcast ·

2023/12/29

Former President Trump’s prosecution for mishandling classified documents at his Mar-a-Lago estate has brought an old law back to the front pages—the Espionage Act.Enacted more than a century ago, parts of that law allowing for the prosecution of those who mishandle or unduly disclose sensitive national security information, have helped provide the legal infrastructure for the modern classification system used to protect our country's most important secrets. And by some accounts, to limit debate

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1:43:13

Chatter Archive: Spy Movies with John Sipher

The Lawfare Podcast ·

2023/12/28

This week, we're taking time off for the holidays, so we reached into the Chatter archives for one of our favorites.In this episode fromJanuary 13, 2022, Shane Harris and David Priess teamed up to talk with JohnSipher, a former senior intelligence officer who has gone Hollywood. With his partners at Spycraft Entertainment, John is bringing compelling and, yes, accurate stories about espionage to the screen. Before working in the entertainment industry, he spent 28 years in the CIA, where he served

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41:13

America’s First War On Terror with Fergus Bordewich

The Lawfare Podcast ·

2023/12/28

Between 1865 and 1872, the first iteration of the Ku Klux Klan conducted a reign of terror across the former Confederate States, harassing, intimidating, and murdering freedpeople and their white allies. As violence spread with impunity across the South, Congress, at President Ulysses S. Grant’s urging, passed three Enforcement Acts, which radically expanded the federal government's ability to protect individuals from violence when their state governments could or would not.Lawfare Associate Editor

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39:56

Amanda Tyler on Rahimi and Taking Guns Away From...

The Lawfare Podcast ·

2023/12/27

The Supreme Court last month heard oral arguments inUnited States v. Rahimi, in which the Court will decide the constitutionality of a federal law that criminalizes the possession of firearms by individuals on whom state courts have imposed domestic violence protective orders. This case came to the Court following its June 2022 ruling inNew York State Rifle & Pistol Association v. Bruen. In that case, the Court determined that whether a law violates the Second Amendment depends on whether there

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1:02:30

The Court at War

The Lawfare Podcast ·

2023/12/26

The Supreme Court during World War II issued some of the most notorious opinions in its history, including the Japanese exclusion case, Korematsu v. United States, and the Nazi saboteur military commission case, Ex parte Quirin. For a fresh take on these and related cases and a broader perspective on the Supreme Court during World War II, Jack Goldsmith sat down with Cliff Sloan, a professor at Georgetown Law Center and a former Special Envoy for Guantanamo Closure, to discuss his new book, which is

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1:13:21

Rational Security: The “Arose Such a Clatter” Edition

The Lawfare Podcast ·

2023/12/25

This week on Rational Security, Quinta and Scott were joined byLawfareExecutive Editor Natalie Orpett and Cyber Fellow Eugenia Lostri to talk through the big national security news waking us up from our long winter’s nap this week, including:“Rocky Mountain, Bye.” Colorado’s Supreme Court has bid goodbye to former President Donald Trump’s 2024 candidacy (for now, at least), holding in a 4-3 ruling that he is disqualified as a candidate by virtue of Section 3 of the 14th Amendment. Will this ruling

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