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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

1:04:06

What to Make of the 2023 NDAA and Consolidated...

The Lawfare Podcast ·

2022/12/23

Over the past few weeks, Congress has slowly brought two of its biggest pieces of annual omnibus legislation to the finish line: the National Defense Authorization Act, or NDAA, and the Consolidated Appropriations Act. Both annual endeavors play central complementary roles in our political system and often become vehicles for an array of otherwise unrelated provisions, including many related to national security. And even by the usual standards of Congress, this year's process has been a chaotic

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41:30

Tom Wheeler and Dave Simpson on Making 5G Secure

The Lawfare Podcast ·

2022/12/22

Fifth generation, or 5G technology, promises to bring high-speed, low-latency wireless infrastructure necessary for the smart era. But moving from the promise of 5G to a reality where 5G networks will deliver amazing and important new capabilities and services will require those networks to be secure. To talk about 5G cybersecurity challenges, Lawfare senior editor Stephanie Pell sat down with Tom Wheeler, visiting fellow at the Brookings Institution and former chairman of the Federal Communications

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54:57

The Beginning of the End of the Jan. 6 Committee

The Lawfare Podcast ·

2022/12/21

On Monday afternoon, the House Select Committee to investigate the Jan. 6 attack on the United States Capitol, better known as the Jan. 6 committee, held its final public event. It summarized its key findings and voted to approve its final report. And as most commentators are focusing on, the committee also voted to recommend to the Department of Justice that it charge Donald Trump and others with crimes. Shortly after the event concluded, the committee released the executive summary of its final

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54:25

The Political Crisis in Peru

The Lawfare Podcast ·

2022/12/20

On December 7, Peruvian president Pedro Castillo attempted to dissolve Peru’s Congress and implement a state of emergency. His dictatorship lasted only a few hours before he was impeached by Congress and arrested—making him the fifth president to leave office in Peru in five years. Since Castillo’s arrest, Peru’s crisis has spiraled further, with protests in the streets and a violent response by the police and military that has left 25 people dead.To understand what’s going on right now in Peru,

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55:19

Chris Slobogin on Virtual Searches

The Lawfare Podcast ·

2022/12/19

When we think about government surveillance, we often imagine something physical, like a police officer executing a search warrant on a house or car. But increasingly, government surveillance, including the everyday work of police departments across the country, involves remote electronic monitoring or the analysis of massive amounts of digital information.A leading analyst of this transformation and of the implications it has for our privacy and security is Chris Slobogin, a professor at Vanderbilt

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1:20:05

Chatter: Reassessing Reagan's Foreign Policy with...

The Lawfare Podcast ·

2022/12/18

Ronald Reagan stands among the most consequential national security presidents in United States history, not least of which because his policies helped to end the Cold War without a direct war between the superpowers. Reagan's vision for ending the Cold War evolved during his presidency, but followed clear principles he brought with him to the office.Will Inboden, a historian and former policymaker who leads the Clements Center for National Security at the University of Texas at Austin, has written

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1:00:23

Lawfare Archive: Trump's Money and National Security

The Lawfare Podcast ·

2022/12/17

From September 30, 2020: On Sunday, September 27, the New York Times droppedbombshell new reportingon nearly two decades of Donald Trump's tax return data. The story has attracted enormous attention and paints a dismal picture. Donald Trump paid no personal income taxes for 11 of the past 18 years, he uses tax deductions aggressively, and last year he paid only $750 in federal income tax. So, is this a story of a president merely in massive debt, or is there something more sinister at play? To whom

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1:00:52

Ralph Bunche, the United Nations, and the Fight to...

The Lawfare Podcast ·

2022/12/16

Ralph Bunche, one of the most prominent Black Americans of the 20th century, was a legendary diplomat, who from his perch at the United Nations was a central player in the decolonization movement after World War II. To discuss Bunche and his accomplishments, Lawfare founding editor and Harvard Law professor Jack Goldsmith sat down with Kal Raustiala, the Promise Institute Distinguished Professor of Comparative and International Law at UCLA Law School, about his new book, “The Absolutely

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43:46

Rick Hasen and Nate Persily on Replatforming Trump on...

The Lawfare Podcast ·

2022/12/15

On November 19, Twitter’s new owner Elon Musk announced that he would be reinstating former President Donald Trump’s account on the platform—though so far, Trump hasn’t taken Musk up on the offer, preferring instead to stay on his bespoke website Truth Social. Meanwhile, Meta’s Oversight Board has set a January 2023 deadline for the platform to decide whether or not to return Trump to Facebook following his suspension after the Jan. 6 insurrection. How should we think through the difficult question

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53:08

Riana Pfefferkorn on End-to-End Encryption for iPhone...

The Lawfare Podcast ·

2022/12/14

Last week, Apple made an announcement about some new security features it would be offering to users. One of those features involves users' ability to opt in to encryption for iPhone backups to iCloud. While this new feature will enhance data privacy and security for those users who choose to opt in, it may create additional challenges for law enforcement to obtain evidence in criminal investigations.To discuss the implications and potential impact of this new security feature, Lawfare senior editor

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35:45

“Corrupt Obstruction” Before the D.C. Circuit

The Lawfare Podcast ·

2022/12/13

On Monday, the D.C. Circuit heard oral argument in the case United States v Fischer—one of the most important cases we've seen in a while relating to criminal prosecutions for the Jan. 6 attack on the Capitol. The case is about a previously obscure statute, at least in this context, that criminalizes corrupt obstruction of an official proceeding, and it’s a charge that DOJ has brought against hundreds of Jan. 6 rioters. Lawfare legal fellow Saraphin Dhanani attended the argument, and Lawfare

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46:13

A Member of Meta’s Oversight Board Discusses the...

The Lawfare Podcast ·

2022/12/12

When Facebook whistleblower Frances Haugen shared a trove of internal company documents to the Wall Street Journal in 2021, some of the most dramatic revelations concerned the company’s use of a so-called “cross-check” system that, according to the Journal, essentially exempted certain high-profile users from the platform’s usual rules. After the Journal published its report, Facebook—which has since changed its name to Meta—asked the platform’s independent Oversight Board to weigh in on the

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1:11:13

Rational Security 2.0: The “Dork at 4pm” Edition

The Lawfare Podcast ·

2022/12/11

This week on Rational Security 2.0, Alan, Quinta, and Scott were reunited after a few weeks apart to talk through the week's big national security news, including:“In the Land of the Blind, the One-Eyed Man is Still Guilty of Seditious Conspiracy.” The jury in the Oath Keepers trial came back last week, convicting every defendant of at least one criminal offense—including the controversial charge of seditious conspiracy. What might this mean for other Jan. 6 investigations moving forward?“Morality

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42:46

Lawfare Archive: Identifying and Exploiting the...

The Lawfare Podcast ·

2022/12/10

From April 14, 2021: A lot of people are expressing anxiety about white supremacist violent terrorism, yet in a new Brookings paper entitled "Identifying and Exploiting the Weaknesses of the White Supremacist Movement," Daniel Byman,Lawfare's foreign policy editor and a senior fellow at the Brookings Center for Middle East Policy, and Mark Pitcavage, a senior research fellow at the Center on Extremism at the Anti-Defamation League, say that while the threat is real, these movements have weaknesses

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37:13

Alan Rozenshtein Says the Slope Isn’t That Slippery

The Lawfare Podcast ·

2022/12/09

The DC Circuit Court of Appeals on Wednesday heard oral arguments in the case of Blassingame v. Trump, an appeal from a civil lawsuit against the former president over Jan. 6. The question before the appeals court is: Does a president have immunity from lawsuit even when he's accused of stirring up a mob against a coordinate branch of government engaged in a function constitutionally entrusted to it? The judges seemed skeptical of the former president's argument, which was a bit of a surprise given

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51:16

Dissecting the Oral Arguments in Moore v. Harper

The Lawfare Podcast ·

2022/12/08

On Wednesday, the Supreme Court heard oral arguments in what may be the biggest case of the term: Moore v. Harper. In that case, North Carolina’s state legislature is arguing that the state Supreme Court lacks the legal authority to review the heavily gerrymandered congressional districts it has enacted, on the grounds that the Constitution's elections clause gives that authority exclusively to the state legislatures—an argument often referred to as the independent state legislature doctrine, which

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43:44

Regulating AI with Alex Engler

The Lawfare Podcast ·

2022/12/07

Earlier this fall, the Biden administration released what it called a “Blueprint for an AI Bill of Rights,” a policy document that lays out a five-pillar strategy for how the United States intends to wrestle with and regulate the challenges arising from the increasingly common use of artificial intelligence. In recent weeks, the European Union has been wrestling with its own AI regulation challenges and is now on the verge of releasing its own similar strategy.Lawfare senior editor Scott R. Anderson

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57:18

J. Edgar Hoover and the Making of the American Century

The Lawfare Podcast ·

2022/12/06

J. Edgar Hoover served as director of the Federal Bureau of Investigation for 48 years, from 1924 until 1972. Since his death, Hoover has become one of the most reviled figures in American history due to FBI operations under his leadership to spy on Americans, including government officials, in order to manipulate democratic politics.To discuss Hoover's extraordinary role in American politics in the 20th century and the continuing influence of his legacy today, Lawfare co-founder and Harvard Law

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48:47

An 11th Circuit Mar-a-Lago Debrief

The Lawfare Podcast ·

2022/12/05

On Thursday afternoon, the 11th Circuit Court of Appeals issued a ruling in the amusingly captioned case Trump v. United States of America. The three-judge panel vacated District Judge Aileen Cannon's order appointing a special master to review the material seized at Mar-a-Lago by the Justice Department, and it ruled in scathing language that she had no authority to entertain the case at allTo go over it all, Lawfare editor-in-chief Benjamin Wittes sat down before a live audience on Twitter Spaces

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1:25:14

Chatter: Pandemics and Political Violence with Brian...

The Lawfare Podcast ·

2022/12/04

Plagues periodically exact a heavy toll on human life—and much more. They devastate economies, exacerbate social disorder, shock governance systems, provide fodder for political violence, and interact in surprising ways with terrorism.In this episode of Chatter, David Priess and longtime RAND Corporation terrorism expert Brian Michael Jenkins talk about the long nature of pandemics, the history of public resistance to efforts to protect public health, links between plagues and social unrest, how the

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