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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

44:59

Congress Investigates January 6 ... Again

The Lawfare Podcast ·

2023/07/20

Last month, the majority staff of the Senate Rules and Governmental Affairs Committee released a report entitled “Planned in Plain Sight: A Review of the Intelligence Failures in Advance of January 6th, 2021,” which explores one of the biggest remaining questions about that day: Why didn’t the government see this coming?Molly Reynolds, Senior Fellow at Brookings and Senior Editor of Lawfare, sat down with Quinta Jurecic, Senior Editor of Lawfare and Fellow at Brookings, and Ryan Reilly, Justice

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1:07:45

A Big Day in Trump Accountability

The Lawfare Podcast ·

2023/07/19

It was a big day in the legal travails of Donald Trump. We awoke this morning to news from the former president himself that he had received another target letter from special counsel Jack Smith, this time from the Jan. 6 grand jury. An indictment seems to be imminent. Incoming Lawfare Legal Fellow Anna Bower spent the day in federal court in Fort Pierce, where Judge Aileen Cannon was hearing the first major status conference of the Mar-a-Lago case. And just as Anna was coming out of court, the

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41:26

Ukrainians Hit the Kerch Bridge ... Again

The Lawfare Podcast ·

2023/07/18

It was a busy weekend in the waters off of Ukraine and Russia. The Ukrainians hit—for the second time—the Kerch Bridge, which connects the Russian mainland with occupied Crimea. The Russians, meanwhile, announced that they are not renewing the Black Sea Grain Initiative, the complex agreement by which Ukraine has managed to export grain through the port of Odessa.What do we know about what happened on the Kerch Bridge? How big a deal is it? Is it connected to the Russian withdrawal from the grain

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36:03

Pam Samuelson on Copyright's Threat to Generative AI

The Lawfare Podcast ·

2023/07/17

The only thing more impressive than the performance of generative AI systems like GPT-4 and Stable Diffusion is the sheer volume of training data that went into these systems. GPT was reportedly trained on, essentially, the entire Internet, while Stable Diffusion and other image-generation models rely on hundred of millions if not billions of existing pieces of artwork. Of course, much of this content is copyrighted, and the authors and artists whose work is being used to train these models and,

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1:13:00

Rational Security: The “Long Middle Finger of Europe”...

The Lawfare Podcast ·

2023/07/16

This week, Alan, Quinta, and Scott were joined by Ravi Agrawal, Editor in Chief of Foreign Policy Magazine, to talk through the week’s big natsec news, including:“Pledge Week.” In a sign of strength, NATO held its annual summit in the capital of Vilnius this week, just kilometers from Lithuania’s border with Belarus. But those hoping to join the club have gotten mixed receptions, with NATO members securing a clear path for Sweden to join the alliance without presenting a clear way forward for

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46:41

Lawfare Archive: Kyle Langvardt on Platform Speech...

The Lawfare Podcast ·

2023/07/15

From December 8, 2020: On Monday,Lawfarereleased the first paper in its "The Digital Social Contract" paper series. For each paper, Alan Rozenshtein will be doing a podcast interview with the author, and the first guest is law professor Kyle Langvardt of the University of Nebraska College of Law. His paper, "Platform Speech Governance and the First Amendment: A User-Centered Approach," examines how the First Amendment should and should not apply to the content moderation decisions of major internet

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37:03

Eric Adamson on the NATO Summit

The Lawfare Podcast ·

2023/07/14

The NATO summit in Vilnius, Lithuania, just wrapped up, and the big news is that Sweden is in, and Ukraine is not. Eric Adamson of the Atlantic Council and the Swedish Defense Association is a Swedish defense policy analyst who observed the NATO summit. He joined Lawfare Editor-in-Chief Benjamin Wittes to discuss the two big things that happened: the Swedish resolution of the dispute with Turkey that impeded Swedish NATO accession until now, and the frustrating failure of NATO to set a path for

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1:02:38

Chatter: Renaming Military Bases and Principled...

The Lawfare Podcast ·

2023/07/13

Kori Schake is the Director of Foreign and Defense Policy at the American Enterprise Institute. She has also worked in policy positions at the State Department, the Defense Department and the White House, taught at West Point, and more recently, served on the commission tasked with renaming military bases named for confederate figures. She sat down with Lawfare's editor in chief Ben Wittes, to talk about her unusually diverse career in national security, her work at AEI in a period when principled

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53:22

Catching Up on the Trump Trials

The Lawfare Podcast ·

2023/07/13

Earlier this year, Donald J. Trump became the first former president to be criminally indicted. A few months later, he became the first former president to be indicted a second time, this time in federal court. And it’s not clear that he is done, as Trump and his close associates remain at the center of at least two and possibly more ongoing criminal investigations that have not yet resulted in charges. Nor are Trump’s legal troubles limited to the criminal side of the ledger, as he and the Trump

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57:58

A Louisiana Judge's Dramatic Jawboning Decision

The Lawfare Podcast ·

2023/07/12

On July 4, a federal judge in Louisiana issued one of the most dramatic First Amendment rulings in recent memory. The case involves a variety of individuals, organizations, and conservative state governments who accuse the Biden administration of unconstitutional "jawboning”—that is, informally pressuring social media companies to censor speech, especially about controversial topics like COVID vaccines and election integrity.Describing the allegations as the "most massive attack against free speech

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53:46

Charl van der Walt on Cyber Extortion

The Lawfare Podcast ·

2023/07/11

What are the latest trends in the ransomware-as-a-service ecosystem? Since at least May 27, the CL0P ransomware gang has been exploiting a previously unknown vulnerability to exfiltrate data from financial services organizations, energy corporations, government agencies, and even universities. The group appears to be changing tactics—while it was previously known for its use of the “double extortion” tactic of stealing and encrypting victim data, it seems to now be relying mostly on data

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44:40

Eric Goldstein of DHS on All Matters Cyber

The Lawfare Podcast ·

2023/07/10

Eric Goldstein is the Executive Assistant Director for Cybersecurity of the U.S. Cybersecurity and Infrastructure Security Agency, having served previously as Global Head of Cybersecurity Policy Strategy and Regulation at Goldman Sachs, where he led development of the firm's cybersecurity risk management program, and in cybersecurity positions in DHS, as well as practicing cybersecurity law in the private sector.David Kris,LawfareContributor and former Assistant Attorney General for the National

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1:13:27

Rational Security: The “BANG! POW! SPARKLE!” Edition

The Lawfare Podcast ·

2023/07/09

This week on Rational Security, Alan, Quinta, and Scott sat down to talk over the week's post-Independence Day national security news, including:“Oy Revolt.” Israel launched a major military operation aimed at uprooting terrorist bases in the refugee camp outside the city of Jenin in the West Bank this week. But as is so often the case, the operation not only proved deadly for Palestinian civilians but has become a point of controversy in the international community. What does this operation say

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1:13:37

Lawfare Archive: Daniel Reisner on Law, Security, and...

The Lawfare Podcast ·

2023/07/08

From January 17, 2015: This week, Ben and Matt Waxman sat down withDaniel Reisner,former head of the International Law Branch of the Israeli Defense Forces and current partner with Herzog, Fox and Neeman.Reisner has also served as a senior member of Israel’s peace delegations over the years, participating in negotiation sessions and summits including those at Camp David. He continues to advise senior members of the Israeli government on a variety of issues relating to international law and

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1:04:42

But Her Emails!

The Lawfare Podcast ·

2023/07/07

“But what about Hillary Clinton's emails,” a thousand voices have shouted since the Trump Mar-a-Lago indictment came down. It's not just politicians; it's commentators in serious magazines who seem to think that Trump's conduct is no different from that of the former secretary of state.Lawfare Senior Editor Roger Parloff writing in Lawfare on June 26 found 703 different ways in which Trump's Mar-a-Lago conduct bears no resemblance to Clinton’s emails, and he joined Lawfare Editor-in-Chief Benjamin

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1:28:13

Chatter: Hockey, Global Politics, and Freedom with...

The Lawfare Podcast ·

2023/07/06

Political scientist Ethan Scheiner appeared on Chatter in early 2022, right before the Olympics in Beijing, to talk about the fascinating intersection of politics, security, and Olympic events. This week, he returns to talk about the compelling connections between hockey and international relations--with a special focus on Czechoslovakia before, during, and after the Cold War. His new book, Freedom To Win, uses the stories of a range of larger-than-life characters across several decades to describe

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48:29

Ass’t Treasury Secretary Paul Rosen on the CFIUS Process

The Lawfare Podcast ·

2023/07/06

The Committee on Foreign Investment in the United States, or CFIUS, is one of the most important national security offices that you have probably never heard of. Responsible for reviewing foreign investment in the United States for possible national security threats, its jurisdiction and scope of work has expanded dramatically in recent years—and may be on the verge of expanding once again, as the Biden administration considers installing similar measures for outbound U.S. investment.To discuss,

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45:51

The Legal Arguments Behind Mike Pence’s January 6...

The Lawfare Podcast ·

2023/07/05

In April, former Vice President Mike Pence testified before a federal grand jury under subpoena as part of the special counsel’s investigation into January 6. The testimony came after the district court rejected Pence’s challenge to the validity of the subpoena under the Speech or Debate Clause of the Constitution. And now, months later, Chief Judge James Boasberg has unsealed his ruling on the matter, along with other documents related to Pence’s challenge.When news of the subpoena first broke,

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47:11

Lawfare Archive: Nate Persily and Alex Stamos on...

The Lawfare Podcast ·

2023/07/04

From June 11, 2019: More than two years after the 2016 presidential election, new information continues to seep into the public about the extent of Russia's sweeping and systematic efforts to interfere in the U.S. democratic process. With the 2020 presidential election on the horizon, last week, Stanford's Cyber Policy Center published areporton securing American elections, including recommendations on how the U.S. can protect elections and election infrastructure from foreign actors.On Monday,

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46:03

Tim Wu on AI Regulation

The Lawfare Podcast ·

2023/07/03

Until this year, Tim Wu was Special Assistant to President Biden for competition and tech policy. One of the leading thinkers in progressive approach to antitrust, Tim has sincereturnedto Columbia Law School, where he is the Julius Silver Professor of Law, Science and Technology. Since leaving government, Tim has beenoffering his thoughtson how the government should regulate artificial intelligence.Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at

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