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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

1:13:31

Rational Security: The “Based in Eunuchs” Edition

The Lawfare Podcast ·

2023/12/10

This week on Rational Security, co-hosts Quinta and Scott were joined by co-host emeritus Benjamin Wittes to talk over the week’s big national security news, including:“Stalled and Appalled.” Ukraine’s counteroffensive to try and reclaim Russia-held parts of eastern Ukraine appears to have stalled, triggering a degree of finger-pointing on both sides of the Atlantic—just as U.S. and European support for their military campaign appears to be waning. What does this mean for the next stage of this

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1:18:30

Trump’s Trials and Tribulations: A Fulton County...

The Lawfare Podcast ·

2023/12/09

It's another edition of “Trump’s Trials and Tribulations,” recorded on Thursday before a live audience of Lawfare Material Supporters. Lawfare Senior Editor Scott R. Anderson sat down with Lawfare Editor-in-Chief Benjamin Wittes, Senior Editor Roger Parloff, and Legal Fellow Anna Bower to discuss a range of matters, from Judge Chutkan’s denial of Trump's motions to dismiss his D.C. criminal case, to Trump's filing seeking to stay the D.C. case in its entirety, the lack of movement in the D.C

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1:01:34

Lawfare Archive: Matt and Ken Speak at Hoover on...

The Lawfare Podcast ·

2023/12/09

From November 6, 2013: On October 25, 2013, the Hoover Institution held a day-long media colloquium out at Stanford University for a first-rate group of journalists focused on national security legal issues and the work of Hoover’sJean Perkins Task Force on National Security and Law. The first session of the day,Ben’s talk onSpeaking the Law, ran as episode of the podcast on Sunday. The second session, the subject of this episode, was a talk by Matt and Ken about autonomous weapons and the calls for

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51:29

Graham Allison on Henry Kissinger

The Lawfare Podcast ·

2023/12/08

Last week, former Secretary of State and National Security Adviser Henry Kissinger passed away. To assess his legacy, Jack Goldsmith sat down with Graham Allison, the Douglas Dillon Professor of Government at Harvard University.Allison knew Kissinger well. He first met Kissinger in 1965 when he was a student in Kissinger's class at Harvard. And Allison worked with Kissinger for decades, right up until the end of Kissinger's life, when he and Kissinger coauthored an essay published in October on arms

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1:26:58

Chatter: World War I and Intelligence in American...

The Lawfare Podcast ·

2023/12/07

World War I was a seminal event for American national security and foreign policy, as the United States deployed nearly two million soldiers and sailors to Europe and engaged in the most intense overseas combat in its history up to that point. Yet the development of modern American intelligence just before and during the war, and even the magnitude of the war itself, have been largely forgotten by the US public.David Priess spoke with historian and former intelligence officer Mark Stout, author of

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55:53

Preparing for War with Bradley Onishi

The Lawfare Podcast ·

2023/12/07

Watching the footage of the attack on the U.S. Capitol on the morning of Jan. 6, 2021, Bradley Onishi thought to himself, “If I hadn’t left evangelicalism, would I have been there?” In his book entitled, “Preparing for War: The Extremist History of White Christian Nationalism and What Comes Next,” Onishi offers a sobering historical account of the origins and development of White Christian nationalism in the United States and its offshoots. From the unique perspective of a former insider, Onishi

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35:40

Bill Wright on the AI Executive Order

The Lawfare Podcast ·

2023/12/06

A little over a month ago, President Biden issued a sweeping executive order on artificial intelligence (AI) covering a broad set of AI issues, such as privacy, transparency, the development of biological weapons, and many more. The order hands out expansive directives to several U.S. government agencies and private industry, which the Biden administration hopes will help the U.S. lead the globe in AI development in a safe and sustainable manner.Lawfare Research Fellow Matt Gluck sat down with Bill

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56:00

Two Courts Rule on Presidential Immunity

The Lawfare Podcast ·

2023/12/05

On Friday, two courts weighed in on the question of presidential immunity. First, Judge Chutkan of the DC District Court ruled that Trump is not immune from Special Counsel Jack Smith’s criminal prosecution for his conduct on Jan. 6.In the second, the DC Circuit Court ruled that Trump is not immune from a civil suit brought by members of Congress and Capitol Police officers, also relating to his conduct on Jan. 6.To talk through the decisions, Lawfare Executive Editor Natalie Orpett sat down with

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33:53

Matthew Tokson on Government Purchases of Private Data

The Lawfare Podcast ·

2023/12/04

Is the Fourth Amendment doing any work anymore? In aforthcoming articleentitled“Government Purchases of Private Data,” Matthew Tokson, a professor at the University of Utah S.J. Quinney College of Law, details how, in recent years, federal and state agencies have begun to purchase location information and other consumer data, as government attorneys have mostly concluded that purchasing data is a valid way to bypass Fourth Amendment restrictions.Lawfare Senior Editor Stephanie Pell sat down with

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1:11:53

Rational Security: The “We’re Moving to Microsoft”...

The Lawfare Podcast ·

2023/12/03

This week on Rational Security, a contentedly full post-Thanksgiving Scott and Quinta sat down with two Lawfare colleagues—Senior Editor and Brookings Institution Senior Fellow Molly Reynolds and Cyber Fellow Eugenia Lostri—to talk through the week’s big national security news stories, including:“Showdown with an Only O.K. Rationale.” The House and Senate are preparing for a showdown over national security priorities, with assistance for Ukraine (and Israel and border security) hanging in the

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1:24:31

Trump’s Trials and Tribulations: Gag Orders,...

The Lawfare Podcast ·

2023/12/02

It's another edition of “Trump’s Trials and Tribulations,” recorded on Thursday before a live audience of Lawfare Material Supporters. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor Roger Parloff, Lawfare Legal Fellow Anna Bower, and special guest Kyle Cheney of Politico, to talk about Scott Perry's text messages that were newly revealed in a filing in D.C. District Court, about happenings with New York gag orders and D.C. gag orders, about Section 3 of the 14th

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46:52

Lawfare Archive: Jim Baker on AI and Counterintelligence

The Lawfare Podcast ·

2023/12/02

From September 25, 2018: The United States has become the global leader in both defense and private-sector AI. Inevitably, this has led to an environment in which adversary and ally governments alike may seek to identify and steal AI information—in other words, AI has become intelligence, and those who work in AI have become potential sources and assets. And with intelligence, comes counterintelligence.Jim Baker, a Visiting Fellow at the Brookings Institution and former FBI General Counsel, is

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47:43

Anna Bower Critiques the Georgia Bureau of Investigation

The Lawfare Podcast ·

2023/12/01

Anna Bower is a Legal Fellow at Lawfare and our Fulton County Correspondent, and has been digging into the weird events in Coffee County in the aftermath of the 2020 election. Her latest tome on the subject is entitled “What the GBI Missed in Coffee County,” and is about the Georgia state investigation, the report on which clocks in at almost 400 pages but is a great deal less impressive than it may seem at first glance.Lawfare Editor-in-Chief Benjamin Wittes sat down with Anna to talk about the

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1:19:51

Chatter: Coups and Counterintelligence with Peter Strzok

The Lawfare Podcast ·

2023/11/30

Peter Strzok is a former United States Federal Bureau of Investigation agent. He was the Deputy Assistant Director of the FBI's Counterintelligence Division and led the investigation into Russian interference in the 2016 United States elections. He speaks with Ben Wittes about the numerous places he has called home and a career spent in counterintelligence.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

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40:57

Comparing Civilian Casualty Tolerance in the...

The Lawfare Podcast ·

2023/11/30

Israel’s military response to Hamas’s Oct. 7 massacre has raised deep concern from international legal observers and the general public. The IDF’s tactics have been described as “disproportionate,” and not taking sufficient care to avoid killing civilians or damaging civilian infrastructure, as the law of armed conflict requires.When it comes to incidental casualties in particular, Mark Lattimer, Executive Director of Ceasefire Centre for Civilian Rights, recently argued onLawfare’s pages that

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49:03

Will Generative AI Reshape Elections?

The Lawfare Podcast ·

2023/11/29

Unless you’ve been living under a rock, you’ve probably heard a great deal over the last year about generative AI and how it’s going to reshape various aspects of our society. That includes elections. With one year until the 2024 U.S. presidential election, we thought it would be a good time to step back and take a look at how generative AI might and might not make a difference when it comes to the political landscape. Luckily, Matt Perault and Scott Babwah Brennen of the UNC Center on Technology

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49:53

U.S. Arms Transfers to Israel, with Brian Finucane...

The Lawfare Podcast ·

2023/11/28

Last month, following Hamas’s Oct. 7 attack on Israel, President Biden announced that his administration would ask Congress for “an unprecedented support package for Israel’s defense,” totaling $14.3 billion. Such a package would supplement the defense aid Israel already receives from the U.S.According to Jonathan Guyer in Vox, “Israel has received about $3 billion annually, adjusted for inflation, for the last 50 years, and is the largest historical recipient of US security aid.”But with civilian

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51:20

Tiana Epps-Johnson on Lawsuits and the Big Lie

The Lawfare Podcast ·

2023/11/27

Tiana Epps-Johnson is the Executive Director of the Center for Tech and Civic Life, an organization which provides technical and financial assistance to election workers nationwide. If this sounds like it should be uncontroversial, hang on to your hats, folks. It is anything but.After her work in 2020 to help election workers conduct the presidential election under horrendously difficult COVID conditions and with inadequate budgets, Epps-Johnson found herself the subject of lawsuits, investigations

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1:08:48

Lawfare Archive: Building a Bridge Between 20th...

The Lawfare Podcast ·

2023/11/26

From November 7, 2015: Last week, George Washington University and the CIA co-hosted an event entitledEthos and Profession of Intelligence. As part of the conference, Kenneth Wainstein moderated a conversation between CIA General Counsel Caroline Krass, Orin Kerr, and Benjamin Wittes onBridging 20thCentury Law and 21stCentury Intelligence, a panel which we now present in full. What new legal questions are raised by rapidly evolving technologies and how do those questions interact with existing

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52:12

Lawfare Archive: The Jerusalem Embassy Opening and...

The Lawfare Podcast ·

2023/11/25

From May 19, 2018: The past week saw the culmination of a major shift in U.S. policy as the United States formally opened its embassy in Jerusalem. Yet ongoing protests along the border with the Gaza Strip and the Israeli government’s harsh response have provided a sharp contrast to the hopeful rhetoric surrounding the embassy’s opening ceremony. On Friday,Lawfaresenior editor Scott Anderson spoke with Khaled Elgindy, Natan Sachs, and Sarah Yerkes to sort through the headlines.Support this show

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