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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

55:23

The Capitol Police and the Enduring Effects of Jan. 6

The Lawfare Podcast ·

2022/01/25

Over the last year, our national dialogue about the Jan. 6 Capitol attack has become ever more focused on politics, congressional investigations and criminal prosecutions. But what about the people who were actually on the front lines on Jan. 6?Natalie Orpett sat down with Susan Dominus and Luke Broadwater, who recently published an article in The New York Times Magazine called, “The Capitol Police and the Scars of Jan. 6.” The article tells the stories of some of the law enforcement officers who

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52:33

Ned Foley on Electoral Count Act Reform

The Lawfare Podcast ·

2022/01/24

As the prospect of broader election reform has grown more remote, bipartisan discussions have increasingly come to center on one long standing law: the Electoral Count Act of 1887. Designed to regulate the process through which Congress counts electoral votes, ambiguities in this antiquated law have been a frequent source of anxiety, most recently in the wake of the 2020 election, when many feared outgoing President Trump would successfully capitalize on them to prevent the certification of his

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44:21

Lawfare Archive: Who is Vladimir Putin?

The Lawfare Podcast ·

2022/01/23

From April 4, 2015: With a tenuous ceasefire holding in Ukraine, we askedFiona Hillonto the show to discuss the man behind the unrest: Vladimir Putin. Hillis theco-author ofMr. Putin: Operative in the Kremlin,and aSenior Fellow and Director of theCenter on the United States and Europeat Brookings. On theLawfare Podcast, shetackles the hard questions about Putin. Who exactly is he? What does he want? Is hean unhinged madman obsessed with personal appearances or a shrewd realist with a nuanced

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36:44

Lawfare Archive: Mark Rozell on 'Presidential Power,...

The Lawfare Podcast ·

2022/01/22

From August 6, 2019: Over the years, presidents have used different language to describe the withholding of information from Congress. To discuss the concept of "executive privilege," Margaret Taylor sat down with Mark Rozell, the Dean of the Schar School of Policy and Government at George Mason University, and the author of "Executive Privilege: Presidential Power, Secrecy and Accountability," which chronicles the history of executive privilege in its many forms since the founding of the United

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54:33

Trump’s Documents, the Jan. 6 Committee and the...

The Lawfare Podcast ·

2022/01/21

On Wednesday, the Supreme Court handed down a decision in the case Trump v. Thompson, denying Donald Trump's motion to block the National Archives from producing his documents to the congressional committee investigating the Jan. 6 Capitol attack. To drill down, Natalie Orpett talked with Lawfare editor-in-chief Benjamin Wittes, Lawfare senior editor Scott R. Anderson and Professor Jonathan Shaub of the University of Kentucky College of Law. They discussed the dispute between Trump and the

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59:45

Why the Online Advertising Market is Broken

The Lawfare Podcast ·

2022/01/20

In December 2020, ten state attorneys general sued Google, alleging that the tech giant had created an illegal monopoly over online advertising. The lawsuit is ongoing, and just this January, new allegations in the states’ complaint were freshly unsealed: the states have accused Google of tinkering with its ad auctions to mislead publishers and advertisers and expand its own power in the marketplace. (Google told the Wall Street Journal that the complaint was “full of inaccuracies and lacks legal

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57:20

Hal Brands on Lessons from the Cold War

The Lawfare Podcast ·

2022/01/19

Bryce Klehm sat down with Hal Brands, the Henry A. Kissinger Distinguished Professor of Global Affairs at the Johns Hopkins School of Advanced International Studies. Professor Brands is the author of the new book, “The Twilight Struggle: What the Cold War Teaches Us about Great-Power Rivalry Today.” He is also the author of a new article in Foreign Affairs, “The Overstretched Superpower,” which argues that the United States might have more rivals than it can handle. They covered a range of topics,

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53:42

What Happens When Congress Investigates Itself?

The Lawfare Podcast ·

2022/01/18

A crucial component of the story of Jan. 6 involves what members of Congress were doing on that day. What kinds of conversations did Republican lawmakers have with President Trump? To what extent did any members of Congress play a role in engineering the riot itself? These are some of the questions that the House committee on Jan. 6 is investigating—and it’s seeking information directly from members of Congress, including House Minority Leader Kevin McCarthy. So far, McCarthy and the other lawmakers

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40:55

Lawfare Archive: Paul Lewis on Not Closing Guantanamo

The Lawfare Podcast ·

2022/01/17

From February 25, 2017: Under the oversight of Paul Lewis, the Department of Defense’s Special Envoy for Guantanamo Closure under the Obama administration, the detainee population at Guantanamo Bay went from164to 41. But Guantanamo remains open, and the Trump administration has promised not only to halt any further transfers or releases of detainees, but also to possibly bring in more detainees in the future. And that's aside from the fact that recent news reportsindicatethat a former Guantanamo

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52:37

Lawfare Archive: Adam Jentleson and Molly Reynolds on...

The Lawfare Podcast ·

2022/01/16

From August 14, 2020: On July 30, former President Barack Obama, speaking at the funeral of Congressman John Lewis, threw his weight behind ending the Senate filibuster if necessary to pursue a voting rights agenda. His comments brought to the forefront a debate that has been simmering for years within the Democratic party. Margaret Taylor spoke with Adam Jentleson, who served as deputy chief of staff to Senate Democratic Leader Harry Reid during the Obama administration, and Brookings senior fellow

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57:37

Lawfare Archive: Chesney, Monaco, McCord, and...

The Lawfare Podcast ·

2022/01/15

From October 15, 2019: A couple of weeks ago, Lawfare and the Strauss Center for International Security and Law sponsored a series of panels at the Texas Tribune Festival. For this episode, we bring you the audio of our Tribfest event on domestic terrorism—what it is, how we define it, how we outlaw it, and what more we can do about it.David Priess sat down with Bobby Chesney, Lawfare co-founder and professor at the University of Texas School of Law, and former U.S. government officials Lisa Monaco,

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58:45

Trouble in Ukraine and Kazakhstan

The Lawfare Podcast ·

2022/01/14

There's a lot going on in Russia's near-abroad, the countries on the periphery of the Russian Federation. There’s a war brewing in Ukraine, with talks in Geneva between Russia and the West seeming to fail this week. There are also Russian troops in Kazakhstan, there at the invitation of the autocratic Kazakh government in response to protests over fuel prices.To check in on the situation, Benjamin Wittes sat down on Lawfare Live with Alina Polyakova of the Center for European Policy Analysis; Alex

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59:42

Podcasts Are the Laboratories of Misinformation

The Lawfare Podcast ·

2022/01/13

Valerie Wirtschafter and Chris Meserole, our friends at the Brookings Institution, recently published an analysis of how popular podcasters on the American right used their shows to spread the “big lie” that the 2020 election was stolen from Donald Trump. These are the same issues that led tech platforms to crack down on misinformation in the runup to the election—and yet, the question of whether podcast apps have a responsibility to moderate audio content on their platforms has largely flown under

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46:31

Benjamin Wittes and Alan Rozenshtein on Thompson v....

The Lawfare Podcast ·

2022/01/12

On Monday, January 10, a federal district court in DC heard oral argument in Thompson v. Trump. The case considers civil claims against Donald Trump and others for their roles in the Jan. 6 Capitol insurrection. It raises a number of complicated legal issues, including whether Trump is immune from these kinds of claims, whether it's possible to establish a conspiracy among the perpetrators of the attack and how the First Amendment factors into all of this.Natalie Orpett sat down with Lawfare

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43:59

Dr. Charles Lieber and the China Initiative

The Lawfare Podcast ·

2022/01/11

On December 21, Harvard University chemist Dr. Charles Lieber was convicted of making false statements and other tax offenses in connection with his participation in the Chinese Thousand Talents program. Lieber’s case got a lot of attention, both because of his profile as a well known researcher at Harvard University, and because of the case’s connection with the U.S. government's occasionally controversial three-year-old program called the China Initiative. The program was unveiled in 2018 by

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1:21:27

The January 6 Insurrection One Year Later

The Lawfare Podcast ·

2022/01/10

Last week marked one year since the Jan. 6 attack on Capitol Hill, in which a mob of Trump supporters attacked Congress in an effort to stop the certification of Joe Biden's election as president of the United States. On Thursday, the anniversary itself, Lawfare editors appeared in a Brookings event titled, “The January 6 insurrection: One year later.” Lawfare’s editor-in-chief Benjamin Wittes moderated a panel that included Lawfare senior editor Quinta Jurecic, Lawfare senior editor Roger Parloff,

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57:00

Lawfare Archive: The Soleimani Strike and Its Fallout

The Lawfare Podcast ·

2022/01/09

From January 3, 2020: The American drone strike last night that killed Qassem Soleimani, the commander of the Iranian Quds Force, is a seismic event in U.S.-Iranian relations—and for the broader Middle East. We put together an emergency podcast, drawing on the resources of bothLawfareand the Brookings Institution and reflecting the depth of the remarkable collaboration between the two. Iran scholarSuzanne Maloney, terrorism and Middle East scholarDaniel Byman, Middle East scholar and former State

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54:09

The Aftermath, Episode 1: Day Zero, Ground Zero

The Lawfare Podcast ·

2022/01/08

We're bringing you the first episode of Lawfare’s new narrative series, The Aftermath, which we released this past Thursday on the one-year anniversary of the Jan. 6 insurrection. Hosted by Lawfare’s executive editor, Natalie Orpett, and produced in partnership with Goat Rodeo, The Aftermath is a multipart series that focuses on what our democracy has been doing over the last year to confront, respond to, and deliver accountability for Jan. 6. The series explores the many questions that have arisen

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36:59

Roger Parloff on the Conspirators

The Lawfare Podcast ·

2022/01/07

Lawfare senior editor Roger Parloff has a piece out on Lawfare, entitled “The Conspirators: The Proud Boys and Oath Keepers on Jan. 6.” It is an examination of the major conspiracy indictments flowing from the January 6 investigation. Both sets of indictments focus on far right militia organizations that participated in the attack—one set on the group called the Oath Keepers; the other on a group called the Proud Boys. In the article, Parloff argues that the Proud Boys in particular played a pivotal

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58:15

Content Moderation After January 6

The Lawfare Podcast ·

2022/01/06

One year ago, a violent mob broke into the U.S. Capitol during the certification of the electoral vote, aiming to overturn Joe Biden’s victory and keep Donald Trump in power as the president of the United States. The internet played a central role in the insurrection: Trump used Twitter to broadcast his falsehoods about the integrity of the election and gin up excitement over January 6, and rioters coordinated ahead of time on social media and posted pictures afterwards of the violence. In the wake

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