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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

43:21

Ali Breland on Germany’s Neo-Nazi Resurgence

The Lawfare Podcast ·

2023/05/10

Since 2012, Germany has accepted more refugees than any other country in Europe aside from Turkey. The German government has dispersed these asylum seekers and other immigrants throughout the country, a policy roundly celebrated by refugee activists and governments alike. But as reporter Ali Breland recently wrote in the New Republic, “[T]hese seemingly well-intentioned policies have created dangerous situations where people of color are forced to reside in regions that may be hostile to their

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1:05:01

El Salvador’s President Cracks Down on Gangs—and...

The Lawfare Podcast ·

2023/05/09

Since March 2022, El Salvador has been under a state of exception as its President Nayib Bukele seeks to crack down on the country’s powerful gangs. Bukele, who once described himself on Twitter as the “world’s coolest dictator,” has engaged in a prolonged attack on El Salvador’s democratic institutions. And the crackdown has resulted in a range of human rights abuses. At the same time, Bukele really does seem to have been successful in curbing gang violence, and his popularity is sky high.To

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54:33

Treaties and Dysfunctional Diplomacy

The Lawfare Podcast ·

2023/05/08

The Constitution specifies only one process for making international agreements—Article II gives the president the power to make treaties provided that two-thirds of the senators present concur. The treaty process has been on a long, slow path to obsolescence, having been replaced by various forms of binding and non-binding executive agreements.To assess the causes and impact of the United States’ declining use of treaties, Jack Goldsmith sat down with Jeffrey Peake, a political scientist at Clemson

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1:20:19

Rational Security: The “Q Agone” Edition

The Lawfare Podcast ·

2023/05/07

This week on Rational Security, a Quinta-less Alan and Scott were joined byLawfarelegal fellow Saraphin Dhanani to talk through the week's big national security news, including:“Seoul Authority.” South Korea and the United States recommitted themselves to their close security relationship this past week, including through a state dinner and a new Washington Declaration that confirms that the United States will respond to any nuclear attack on South Korea with overwhelming force. What drove this

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44:41

Lawfare Archive: David Priess on the History of the...

The Lawfare Podcast ·

2023/05/06

From July 7, 2020: David Priess is a former CIA briefer for the Attorney General and the FBI director, and he's the author of "The President's Book of Secrets: The Untold Story of Intelligence Briefings to America's Presidents." The president's daily brief has been in the news of late because of the Russia bounties story and the question of whether President Trump is actually internalizing the intelligence he is given in his daily briefing. Benjamin Wittes spoke with David about the history of the

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42:49

Boys With a Bit Less Pride

The Lawfare Podcast ·

2023/05/05

Yesterday was verdict day for the Proud Boys. Mid-morning, the jury notified Judge Tim Kelly that it had reached a partial verdict, and that partial verdict was “guilty of seditious conspiracy” for four of the five defendants.It was a big day for the Justice Department. To go over everything that happened, Lawfare Editor-in-Chief Benjamin Wittes sat down for a live recording of the podcast with Lawfare Senior Editor Roger Parloff, who live-tweeted 61 days of the Proud Boys trial.Support this show

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1:07:23

Chatter: Private Equity and National Security with...

The Lawfare Podcast ·

2023/05/04

Private equity firms rank among the largest employers in the United States and invest many billions of dollars in a wide variety of industries. Yet the public understanding of how private equity works and its impact on myriad areas of American life, including national security, remains limited.Brendan Ballou is trying to change that. A federal prosecutor who works in the Antitrust Division of the Department of Justice, he has written a new book, Plunder: Private Equity's Plan To Pillage America

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35:29

Bridget Dooling and Mark Febrizio on Robotic Rulemaking

The Lawfare Podcast ·

2023/05/04

At the core of the regulatory state is the notice and comment process. Agencies propose what they're going to do, the public gets to comment, and agencies have to respond to those comments. It's an imperfect system, to be sure, but it's fundamental to making sure that agencies act with good information and with democratic legitimacy.So what happens when those comments start being made not by people, but by ChatGPT or other large language models? Or how about when agencies themselves use these AI

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57:04

Jim Dempsey and Jonathan Spring on Adversarial...

The Lawfare Podcast ·

2023/05/03

Risks associated with the rapid development and deployment of artificial intelligence are getting the attention of lawmakers. But one issue that may not be getting adequate attention by policymakers or by the AI research and cybersecurity communities is the vulnerability of many AI-based systems to adversarial attack. A new Stanford and Georgetown report, “Adversarial Machine Learning and Cybersecurity: Risks, Challenges, and Legal Implications,” offers a stark a reminder that security risks for

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29:52

Cox and Wyden on Section 230 and Generative AI

The Lawfare Podcast ·

2023/05/02

Generative AI products have been tearing up the headlines recently. Among the many issues these products raise is whether or not their outputs are protected by Section 230, the foundational statute that shields websites from liability for third-party content.On this episode of Arbiters of Truth, Lawfare’s occasional series on the information ecosystem, Lawfare Senior Editor Quinta Jurecic and Matt Perault, Director of the Center on Technology and Policy at UNC-Chapel Hill, talked through this

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51:47

Cyber in the CIA with CIA Deputy Director David Cohen

The Lawfare Podcast ·

2023/05/01

David Cohen is the Deputy Director of the Central Intelligence Agency, a position he held also during the Obama administration. He's also been Under Secretary for Terrorism and Financial Intelligence in the Department of the Treasury and a partner at the WilmerHale law firm.David Kris, Lawfare contributor and former Assistant Attorney General for the National Security Division, and Bryan Cunningham, Lawfare contributor and Executive Director of the University of California, Irvine’s Cybersecurity

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1:16:41

Chatter: Space Diplomacy and Satellite Data with...

The Lawfare Podcast ·

2023/04/30

As satellites around the planet proliferate, the tug they feel from international tensions seems to rival the gravitational pull exerted by the Earth itself. On issues from Space Traffic Management to scientific data sharing, the need for global cooperation is high but rarely easy.Dr. Mariel Borowitz is head of the Program on International Affairs, Science, and Technology at Georgia Tech's Sam Nunn School of International Affairs, where she is an Associate Professor, and author of“Open Space: The

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51:07

Lawfare Archive: Elizabeth Shackelford on 'The...

The Lawfare Podcast ·

2023/04/29

From May 13, 2020: Scott R. Anderson sat down with Elizabeth Shackelford, a former foreign service officer whose late 2017 resignation became a sign of growing discontent with the Trump administration within the diplomatic corps. They talked about her new book, "The Dissent Channel," out this week, which discusses her experience as a young diplomat living through a period of crisis in South Sudan, and the lessons it taught her about diplomacy, human rights and the role of the United States in the

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45:53

An Interview with Meta’s Chief Privacy Officers

The Lawfare Podcast ·

2023/04/28

In 2018, news broke that Facebook had allowed third-party developers—including the controversial data analytics firm Cambridge Analytica—to obtain large quantities of user data in ways that users probably didn’t anticipate. The fallout led to a controversy over whether Cambridge Analytica had in some way swung the 2016 election for Trump (spoiler: it almost certainly didn’t), but it also generated a $5 billion fine imposed on Facebook by the FTC for violating users’ privacy. Along with that

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50:26

Parloff and Buchman on the Proud Boys Trial

The Lawfare Podcast ·

2023/04/27

The Proud Boys trial has gone to the jury. It is the longest Jan. 6 case to date and the third case to involve seditious conspiracy charges against senior Proud Boys and folks who ended up being the pointy end of the spear on Jan. 6, 2021. Two reporters have sat through the entire case: Lawfare Senior Editor Roger Parloff, and Brandi Buchman, who covered the case for the emptywheel site. Lawfare Editor-in-Chief Benjamin Wittes sat down with them to go over the trial, what case the government

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53:48

Eugene Volokh on AI Libel

The Lawfare Podcast ·

2023/04/26

If someone lies about you, you can usually sue them for defamation. But what if that someone is ChatGPT? Already in Australia, the mayor of a town outside Melbourne has threatened to sue OpenAI because ChatGPT falsely named him a guilty party in a bribery scandal. Could that happen in America? Does our libel law allow that? What does it even mean for a large language model to act with "malice"? Does the First Amendment put any limits on the ability to hold these models, and the companies that make

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56:26

Ashley Merryman on the ‘Dangerous’ Cycle of Pentagon...

The Lawfare Podcast ·

2023/04/25

April is Sexual Assault Awareness and Prevention month. It’s a time—recognized by civilian and U.S. military communities—intended to promote the prevention of sexual violence, especially in U.S. armed forces. In light of Sexual Assault Awareness and Prevention month, Lawfare Associate Editor Katherine Pompilio sat down with author and attorney Ashley Merryman, who previously served at the Pentagon as Special Advisor for the Department of the Navy’s Sexual Assault Prevention and Response Office. They

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42:29

Polina Ivanova on Evan Gershkovich’s Detention

The Lawfare Podcast ·

2023/04/24

Evan Gershkovich has been in Russian detention for the last several weeks. He is a reporter for the Wall Street Journal, and he’s the latest American taken hostage by the Vladimir Putin regime. His good friend Polina Ivanova is a reporter for the Financial Times, a colleague of Evan’s in Russia, and has been an outspoken advocate for his release.She joined Lawfare Editor-in-Chief Benjamin Wittes from Berlin to talk about Evan: who he is, why he has been detained by the Russians, what we know about

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1:03:20

Rational Security: The “Catch More Flies with...

The Lawfare Podcast ·

2023/04/23

This week on Rational Security, Alan, Quinta, and Scott were joined by law professor extraordinaire Jed Shugerman to talk over his controversial take on the New York district attorney's case against formerPresident Trump, among other items in the week's national securitynews, including:“If You Come at the King, You Best Not Whiff.” Former President Trump’s indictment on 34 counts of falsifying business records in the first degree under New York state law earlier this month has triggered a firestorm

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52:08

Lawfare Archive: 'National Security, Leaks and...

The Lawfare Podcast ·

2023/04/22

From April 20, 2021: Jack Goldsmith sat down with Lee Bollinger, the president of Columbia University, and Geoffrey Stone, the Edward H. Levy Distinguished Service Professor at the University of Chicago Law School, to discuss their new book, "National Security, Leaks and Freedom of the Press: The Pentagon Papers Fifty Years On." They discussed the holding and legacy of the Pentagon Papers case, as well as some of the many challenges of applying the Pentagon Papers regime in the modern digital era

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