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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

1:01:17

Lawfare Archive: The Case For and Against a FISA...

The Lawfare Podcast ·

2021/11/06

From June 14, 2014: At the2014 Computers, Freedom and Privacy Conference, a panel of experts debated the pros and cons of adding outside lawyers to litigation before two tribunals at the heart of theNSA surveillance controversy: the Foreign Intelligence Surveillance Court ("FISC") and the Foreign Intelligence Surveillance Court of Review ("FISCR"). As is well known, proceedings at those courts generally are held in secret andex parte,with only the government arguing its position. But, in the wake of

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58:03

Abigail Spanberger and Elissa Slotkin from CIA to...

The Lawfare Podcast ·

2021/11/05

Only twice in history have two women who served as CIA officers been elected to Congress. The first time was 2018, and the second was 2020—both of them featuring Abigail Spanberger and Elissa Slotkin. David Priess hosted an event for the Michael V. Hayden Center at George Mason University’s Schar School of Policy and Government, speaking with both of them about their careers, both in the intelligence community and in Congress. Abigail Spanberger represents Virginia's 7th congressional district and

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55:36

What Is Integrity in Social Media?

The Lawfare Podcast ·

2021/11/04

There’s been a lot of news recently about Facebook, and a lot of that news has focused on the frustration of employees assigned to the platform’s civic integrity team or other corners of the company focused on ensuring user trust and safety. If you read reporting on the documents leaked by Facebook whistleblower Frances Haugen, you’ll see again and again how these Facebook employees raised concerns about the platform and proposed solutions only to be shot down by executives.That’s why it’s an

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47:22

The Metaverse and Its Discontents

The Lawfare Podcast ·

2021/11/03

Last week, Facebook unveiled its new corporate brand—Meta—and its corresponding vision for a new immersive world called the metaverse. The rebrand announcement attracted plenty of consternation from tech journalists, but there are also plenty of interesting issues about the metaverse itself. What type of content moderation problems does virtual reality pose? How might we think about the challenges of platform governance in this new age? What aspects of the metaverse are most worth paying attention

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38:17

Shane Harris on the ODNI’s Coronavirus Assessment

The Lawfare Podcast ·

2021/11/02

The Office of the Director of National Intelligence has issued a declassified assessment of the origins of the coronavirus, and it’s a bit of a muddle. Was it a lab leak? They don't really know. Was it naturally occurring? They're not quite sure.They do know a few things. It wasn't a bioweapon, and we're not going to find out any real answers until China starts cooperating. To chew over the ODNI’s report, Benjamin Wittes sat down with Shane Harris of the Washington Post, who wrote a story about the

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50:53

Mark Nevitt and Erin Sikorsky on Climate Change and...

The Lawfare Podcast ·

2021/11/01

Last week, the Department of Defense,Office of the Director of National Intelligence,Department of Homeland SecurityandNational Security Council each released their own reports addressing the issue of climate change as a national security threat. To unpack what's in the reports and what it all means, Natalie Orpett sat down on Lawfare Live with Mark Nevitt, associate professor of law at Syracuse University College of Law, and Erin Sikorsky, director of the Center for Climate and Security and

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1:27:31

Lawfare Archive: Sue Biniaz on the Trump...

The Lawfare Podcast ·

2021/10/31

From March 27, 2019: From 1989 to early 2017, Sue Biniaz was the lead climate lawyer and a climate negotiator at the State Department. She was also a key architect of the Paris Agreement on Climate Change, a UN-negotiated agreement designed to mitigate global warming, which went into effect in November 2016. In June 2017, President Trump announced his intention to withdraw the United States from the agreement.Sue sat down with Lawfare's Jack Goldsmith to talk about the early days of U.S. and

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51:25

Lawfare Archive: Mary McCord and Jason Blazakis on...

The Lawfare Podcast ·

2021/10/30

From January 5, 2019: The murder of Heather Heyer in Charlottesville in 2017 and other recent events have drawn in the public discourse to the fact that domestic terrorism is not a federal crime in and of itself. Earlier this week, Benjamin Wittes sat down with two experts on domestic terrorism to talk about ways that it might be incorporated into our criminal statutes.Mary McCord is a professor of practice at Georgetown Law School, a senior litigator at the Institute for Constitutional Advocacy and

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40:26

Who Is Éric Zemmour?

The Lawfare Podcast ·

2021/10/29

There's a presidential election coming up in France in April 2022. In a surprise to many, recent polls show that the occupant of second place behind the incumbent president is a man who has never run for office before: Éric Zemmour. He's a veteran journalist, a provocateur and a virulent Islamophobe. Jacob Schulz sat down with Yasmeen Serhan, a staff writer at The Atlantic to talk about Zemmour’s rise. Who is he? How did he come to be so popular? Is he even going to run for president? And what about

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53:22

The SEC and the Facebook Papers

The Lawfare Podcast ·

2021/10/28

This week on Arbiters of Truth, our series on the online information ecosystem, we’re talking about a subject that doesn’t come up much on the Lawfare Podcast: the Securities and Exchange Commission. Facebook whistleblower Frances Haugen has made waves with her congressional testimony and the many damaging news stories being reported about Facebook based on the documents she released. But before these documents became the Facebook Papers, Haugen also handed them to the SEC as part of a whistleblower

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36:49

Somalia, Al-Shabab, and the United States, with...

The Lawfare Podcast ·

2021/10/27

In November 2020, a raid against terrorists in Somalia led to the death of an American working for the CIA Special Activities Center. This, after the Trump administration had eased combat rules and airstrikes in Somalia surged. Now the Biden administration seems to be reviewing its policy toward Somalia and the al-Shabab terrorists there.David Priess talked about it with Julian Barnes, a national security reporter for the New York Times focusing on the intelligence agencies, and coauthor of a recent

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40:08

Katrina Northrop on the Evergrande Debt Crisis

The Lawfare Podcast ·

2021/10/26

Evergrande is a massive Chinese real estate company that has found itself with more than $300 billion in liability and no real idea of how to get out of debt. Its financial problems have come to a head in recent months, and concerns have grown about the potential of Evergrande’s debt problems to threaten the Chinese economy. It's a financial story, but one with real implications for China's broader economic picture in great power competition between the U.S. and China. To break it all down, Jacob

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58:29

Pete Strzok on Declining FISAs and Human Source Handling

The Lawfare Podcast ·

2021/10/25

Pete Strzok is a former counter-intelligence official at the FBI. He is the author most recently of an article in Lawfare entitled, “The Sussmann Indictment, Human Source Handling, and the FBI’s Declining FISA Numbers.” It's an article that makes an interesting connection between a sentence in the indictment of Democratic lawyer Michael Sussmann and some data on FISA applications released by the Office of the Director of National Intelligence. They may seem unconnected, but Strzok argues that there

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1:03:57

Lawfare Archive: Rep. Adam Schiff on the Role of...

The Lawfare Podcast ·

2021/10/24

From March 25, 2017: Between leading the House Permanent Select Committee on Intelligence's first open hearing on Russian election interference on Monday, and sparring with HPSCI Chairman Rep. Devin Nunes over Nunes'sodd escapadesregarding possible incidental collection of communications of Trump associates, HPSCI Ranking Member Rep. Adam Schiff has had a busy week. On Tuesday,Lawfareand the Brookings Institution were pleased to host Rep. Schiff for an address on "The Role of Congress in Protecting

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41:02

Lawfare Archive: Paul Lewis on Not Closing Guantanamo

The Lawfare Podcast ·

2021/10/23

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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35:56

Container Shipping and Supply Chain Delays with Gregg...

The Lawfare Podcast ·

2021/10/22

Ports in many countries are experiencing congestion. For weeks now, there have been reports that there will be delays in many common products, and people are wondering what is causing this and how it can end. David Priess sat down with Gregg Easterbrook, a former fellow in economics and in governance studies at the Brookings Institution. He was a staff writer, national correspondent or contributing editor at The Atlantic for nearly 40 years, and more recently, he is the author of “The Blue Age: How

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44:53

Twitter’s Head of Public Policy Explains the...

The Lawfare Podcast ·

2021/10/21

On this week’s episode of Arbiters of Truth, our series on the online information ecosystem, Evelyn Douek and Quinta Jurecic spoke with Nick Pickles, the director of global public policy strategy at Twitter. They discussed a new paper just released by Twitter, “Protecting the Open Internet: Regulatory Principles for Policy Makers”—which sketches out, in broad strokes, the company’s vision for what global technology policy should look like. The paper discusses a range of issues, from transparency to

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51:11

Everything You Wanted to Know About Executive...

The Lawfare Podcast ·

2021/10/20

Jonathan David Shaub is an assistant professor of law at the University of Kentucky. He is a former OLC attorney and the author of a series of recent Lawfare posts on executive privilege, witnesses, documents and the Jan. 6 committee. He sat down with Benjamin Wittes to talk about Steve Bannon, the former president's suit against the National Archives, all of the privilege claims that are floating around, the misinformation about them that's proliferating on Twitter, and how the Justice Department

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52:39

Carissa Hessick on Jan. 6 Plea Bargains

The Lawfare Podcast ·

2021/10/19

Around a hundred people have already pleaded guilty to crimes in connection with the Jan. 6 attempted insurrection on the Capitol. What should we make of the plea deals thus far? Are they overly lenient? Are they what we might expect? To talk through the Jan. 6 plea deals, Jacob Schulz sat down on Lawfare Live with Carissa Byrne Hessick, the Anne Shea Ransdell and William Garland "Buck" Ransdell, Jr. Distinguished Professor of Law at the University of North Carolina School of Law. They talked

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56:18

Liza Goitein and Bob Loeb on State Secrets

The Lawfare Podcast ·

2021/10/18

It has been a decade since the Supreme Court decided on a case involving the state secrets privilege, a common law rule that allows the government to block the release of state secrets in civil litigation. In this term, the justices will hear two cases involving the privilege: United States v. Abu Zubaydah and Federal Bureau of Investigation v. Fazaga.To talk about the two cases before the Supreme Court and the state secrets privilege more broadly, Rohini Kurup sat down with Liza Goitein,

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