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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

54:00

Fionnuala Ní Aoláin on Counterterrorism and Human Rights

The Lawfare Podcast ·

2023/11/08

Fionnuala Ní Aoláin completed a productive six-year tenure as the UN Special Rapporteur on counterterrorism and human rights last week. Among other issues, she examined how financing counterterrorism and new technologies used for counterterrorism affect human rights. She also analyzed the protection of human rights in several locations with different political contexts, including visits to Guantanamo Bay and detention facilities in northeast Syria.Lawfare Research Fellow Matt Gluck sat down with

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48:56

Mike Johnson’s National Security Agenda

The Lawfare Podcast ·

2023/11/07

You probably already know that Rep. Mike Johnson is the new Speaker of the House. What you may not know is that every single one of the issues on his plate is a national security issue, at least in the short term. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor and Brookings Senior Fellow Molly Reynolds to talk it all through. They talked about Israel aid, Ukraine aid, Taiwan assistance, the border, FISA Section 702, government shutdowns, and more. It's a rollicking

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45:47

Data Brokers, Public Records, and Violence with...

The Lawfare Podcast ·

2023/11/06

In the debate about data privacy and harms, one issue has not received adequate attention by the press or in policy conversations relative to the severity and volume of harm: the link between publicly available information and stalking and gendered violence.To discuss how “people search” data brokers use public information and contribute to stalking and abuse, Lawfare’s Fellow in Technology Policy and Law, Eugenia Lostri, sat down with Justin Sherman who recently wrote aLawfare articleon the topic

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1:01:52

Rational Security: The “Regulatory Cage Match” Edition

The Lawfare Podcast ·

2023/11/05

This week on Rational Security, Alan, Quinta, and Scott were joined by Lawfare Fellow in Technology Policy and Law Eugenia Lostri to tackle some of the overlooked national security stories that have been percolating the past few weeks, including:“BrokenAI?” The Biden administration has rolled out a groundbreaking new Executive Order on Artificial Intelligence that seeks to take the first steps towards a real regulatory regime for this revolutionary technology. Is this a responsible step? Or does it

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1:20:25

Trump’s Trials and Tribulations: Judge Cannon,...

The Lawfare Podcast ·

2023/11/04

It's another episode of “Trump's Trials and Tribulations,” recorded live on Zoom before an 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 Josh Gerstein of Politico to talk about Wednesday’s hearing in the Mar-a-Lago case, Section 3 disqualification litigation in Minnesota and Colorado, the latest from Fulton County, what Judge Cannon is up to with her CIPA rulings, and the

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45:59

Lawfare Archive: Stephanie Leutert on the Other...

The Lawfare Podcast ·

2023/11/04

From June 26, 2018: With the media and political commentators focused on family separation at the U.S.-Mexico border, few are paying attention to how developments along Mexico's southern border affect the United States. On Monday, Benjamin Wittes spoke with Stephanie Leutert, director of the Mexico Security Initiative at The University of Texas at Austin, who has spent the past several weeks in the field studying the flow of migrants from Central America into Mexico. They discussed who's entering

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55:09

The West Bank and the Israel-Hamas War

The Lawfare Podcast ·

2023/11/03

Since Hamas’s attack on Israel on Oct. 7, the Israel-Hamas war has largely been fought in Gaza, a small strip of land along the border of the Mediterranean Sea. But farther inland, there has been an uptick in hostilities between Israelis and Palestinians in the Palestinian territory of the West Bank. Israeli human rights organization B’Tselem says that at least 13 Palestinian herding communities in the West Bank have been forcibly displaced since the beginning of the war due to Israeli settler

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1:07:09

Chatter: The British Empire's Territorial Peak, 100...

The Lawfare Podcast ·

2023/11/02

The British Empire was already buckling under its own internal tensions in the 1920s. One hundred years later, historian and author Matthew Parker uses stories from across the globe to fill his new book One Fine Day, centered on the territorial peak of the empire on September 29, 1923. It reveals much about the limits of empire, the effects of liberation movements on colonized peoples around the world, and the dynamics of strategic transition.David Priess and Matthew chatted about his globally

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1:02:16

A Criminal in the White House: How It Might Work and...

The Lawfare Podcast ·

2023/11/02

A few weeks ago, an organization that works in the democracy protection space asked Lawfare Editor-in-Chief Benjamin Wittes and Lawfare Senior Editor Scott R. Anderson to give a talk about what would happen if Donald Trump both got convicted and got elected. And for this episode of the Lawfare Podcast, we’ve reprised that conversation, with an accompanying YouTube version including their PowerPoint presentation.Ben and Scott talked about what could happen if a president gets convicted and then gets

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1:20:51

What Disqualifying Trump from the 2024 Ballot Would...

The Lawfare Podcast ·

2023/11/01

In the wake of Donald Trump's role in the attempt to overturn the 2020 election and the Jan. 6 attack on the Capitol, lawsuits in states around the country are seeking to disqualify him from the 2024 election. Challengers to his eligibility invoke Section 3 of the Fourteenth Amendment, which provides in relevant part that "No person shall . . . hold any office . . . under the United States . . . who, having previously taken an oath . . . as an officer of the United States . . . to support the

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51:46

Breaking Down the Menendez Indictment with Dan Richman

The Lawfare Podcast ·

2023/10/31

It’s been a rough few months for Senator Bob Menendez. The powerful New Jersey Democrat has pleaded not guilty to federal charges related to an alleged bribery scheme under which, according to prosecutors, Menendez carried out favors for the government of Egypt.But while the allegations set out in the indictment sound pretty unsavory, recent decisions by the Supreme Court—in particular, the 2016 case McDonnell v. United States—make prosecuting such corruption cases significantly more difficult

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49:25

The Dangers of a Contingent Election with Beau...

The Lawfare Podcast ·

2023/10/30

We are a little more than a year out from the 2024 election—an election that, in countless ways, promises to be unlike any other. One way it may be different is the very real prospect of a scenario in which neither major party candidate secures enough electoral votes to win, kicking the decision to the House of Representatives in what is called a “contingent election.” Possible third parties are actively discussing the possibility of a contingent election as part of their political strategy—and this

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1:04:03

Rational Security: The ”Covered in Lyes” Edition

The Lawfare Podcast ·

2023/10/29

This week on Rational Security, Alan, Quinta, and Scott came together in the virtual studio to talk over the week’s big national security news, including:“Stuck in the Middle (East) with You.” The Biden administration is finding itself increasingly pilloried from both sides for its handling of the Oct. 7 massacre perpetrated by Hamas and Israel’s ensuing military response in the Gaza Strip, as the right urges stronger support for Israel while some on the left are becoming more vocal in calling for a

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1:16:06

Trump’s Trials and Tribulations: Three Pleas in a Pod

The Lawfare Podcast ·

2023/10/28

It's another episode of “Trump’s Trials and Tribulations,” recorded live before an audience of Lawfare Material Supporters on Thursday. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editors Roger Parloff and Quinta Jurecic, and Lawfare Fulton County Correspondent and Legal Fellow Anna Bower to talk about all the pleas that have happened in Fulton County and all the pleas that are coming. They talked about whether you can take back a plea by announcing that it was extorted,

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36:31

Lawfare Archive: Amanda Sloat Talks Turkey

The Lawfare Podcast ·

2023/10/28

From July 3, 2018: Recep Tayyip Erdoğan won the Turkish election the other day, and becomes the first president under Turkey's new empowered presidential system. His party, in coalition with ultra-nationalists, will control the Parliament as well, so it's a big win for the Turkish president. It may be a loss for democratic values. On Tuesday, Benjamin Wittes sat down with Amanda Sloat, Robert Bosch Senior Fellow at Brookings, to discuss the election results, the crackdown in Turkey and the

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47:53

The U.S. Diplomatic Response in Gaza with Akbar...

The Lawfare Podcast ·

2023/10/27

It’s probably fair to say that the Israeli government was not the only one caught flat-footed by the deadly attack launched by Hamas on Oct. 7. On that day, several of the U.S. government’s top diplomatic posts in the Middle East were vacant, and the Biden administration had long focused most of its attention elsewhere in the world. And, ina now infamous episodefrom only a week prior to the attack, National Security Adviser Jake Sullivan had said, “The Middle East region is quieter today than it has

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1:06:40

Chatter: Lincoln, Leadership, and Difficult...

The Lawfare Podcast ·

2023/10/26

Many will recognize the voice of Steve Inskeep from his nearly two decades-long role hosting NPR's Morning Edition. But he's also the author of what is now a trilogy of books about political relationships in the United States during the 19th century, including his newly published Differ We Must: How Lincoln Succeeded in a Divided America. His newest book uses a unique framework to study Lincoln's leadership and growth: Describing in detail difficult interactions Lincoln had with sixteen individuals,

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47:21

Roger Parloff on a Potential Problem for the Justice...

The Lawfare Podcast ·

2023/10/26

The D.C. Circuit Court of Appeals last week faintly endorsed the Justice Department’s reading of a critical felony charge, “corrupt obstruction of an official proceeding,” which the department has relied on to prosecute at least 317 individuals for their alleged roles in the Jan. 6 Capitol riot. In the case,United States v. Thomas Robertson, the court affirmed the Justice Department’s conception of the definition of “corruptly,” as stated in the charge.Robertsonfollowed another D.C. Circuit ruling

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46:11

Pleas Please Me, Jenna Ellis

The Lawfare Podcast ·

2023/10/25

Another morning, another surprise plea deal in Fulton County Superior Court. It was Jenna Ellis this time, in front of Judge Scott McAfee, pleading out of the Fulton County election interference case. There was a tearful colloquy and a letter of apology to the people of Georgia. There is a cooperation agreement of some kind, and there is yet another sentence of probation.Lawfare Editor-in-Chief Benjamin Wittes sat down to talk about it all with Lawfare Legal Fellow Anna Bower. They talked about how

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51:07

Rules for Civilian Hackers in War, with Tilman...

The Lawfare Podcast ·

2023/10/24

Thanks to advances in digital technologies, it is now easier than ever for civilians to get involved in military cyber operations. From private civilian companies being involved in cyber defense to individuals engaging in offensive cyber operations against enemy targets, the increased participation of civilians in armed conflict is a risky trend.Lawfare Fellow in Technology Policy and Law Eugenia Lostri sat down with two guests whorecently authored an articleoutlining eight rules to guide the

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