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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

55:08

Zack Beauchamp on the American Right’s Embrace of the...

The Lawfare Podcast ·

2021/08/18

Earlier this month, Tucker Carlson, whose nightly news show on Fox has become the most popular show in U.S. cable news history, traveled to Budapest to record a special version of his show. The centerpiece of his visit was an interview with Hungary's authoritarian leader, Viktor Orbán. But far from criticizing Orbán or questioning him on Hungary's increasing move away from liberal democracy, Carlson was all compliments, praising the fence that Hungary has built along its border and allowing Orbán to

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57:16

After the Fall in Afghanistan

The Lawfare Podcast ·

2021/08/17

This past Sunday, Americans woke up to a new reality in the country of Afghanistan—the Afghan government that the United States and its allies have supported for the last two decades is gone. In its place is a resurgent Taliban, now firmly in control of nearly the entire country. Meanwhile, the U.S. presence has been reduced to Kabul’s international airport where soldiers and diplomats are working 24-7 to safely evacuate U.S. and allied personnel, U.S. and foreign civilians, and at least some

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53:13

How Can Congress Take on the Ransomware Problem?

The Lawfare Podcast ·

2021/08/16

The United States government has been wrestling with what to do about a particular type of cyber threat—ransomware—that holds a victim's data and computer systems hostage until they pay, usually in the form of cryptocurrency, to an anonymous recipient. Recent ransomware attacks have threatened everything from hospitals to the media industry, with payment being the main way that most companies are choosing to get back online. But what does giving into such demands mean for broader U.S. efforts to

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45:19

Lawfare Archive: Fighting Deep Fakes

The Lawfare Podcast ·

2021/08/15

From August 4, 2018: Technologies that distort representations of reality, like audio, photo and video editing software, are nothing new, but what happens when these technologies are paired with artificial intelligence to produce hyper-realistic media of things that never happened? This new phenomenon, called "deep fakes," poses significant problems for lawyers, policymakers, and technologists.On July 19, Klon Kitchen, senior fellow for technology and national security at the Heritage Foundation,

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48:36

Lawfare Archive: A Conversation with John Rizzo

The Lawfare Podcast ·

2021/08/14

From April 19, 2014: Benjamin Wittes had meant to have a book review of former CIA lawyer John Rizzo's new book,Company Man: Thirty Years of Controversy and Crisis in the CIA, ready to run along with this episode of the podcast. But he was still working on the review, which will be up shortly, and he didn't want to hold up the podcast whilehe finished it.Ben caught up with Rizzo at a recent conference at Pepperdine University Law School. They talked about the book, some of its major themes, the

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1:02:45

Mayank Varia and Riana Pfefferkorn on Apple's...

The Lawfare Podcast ·

2021/08/13

Two of the biggest controversies in tech are how to stop the spread of child pornography and other exploitation material, and whether encryption prevents legitimate law enforcement investigations. In an announcement last week, Apple dropped a bomb into both of these debates.Apple announced that future versions of its iPhone operating system would scan photos its users post to the cloud and automatically detect if those photos contain child exploitation material. If so, Apple would notify the

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49:45

With Disinformation, The Past Isn’t Past

The Lawfare Podcast ·

2021/08/12

We live in the Disinformation Age. The internet has revolutionized our information ecosystem and caused disruption totally unprecedented in human history, and democracy may not survive. ... Just like it didn’t survive the television, radio, telegram and printing press before it. Right?When it comes to talking about the internet, all too often history is either completely ignored with bold claims about how nothing like this has ever happened before—or it’s invoked with simple analogies to historical

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52:11

A Moratorium Fiasco

The Lawfare Podcast ·

2021/08/11

You've probably heard about the craziness around the Biden administration’s new eviction moratorium. They consulted outside law professors instead of the Justice Department. Or did they? The president said he didn't have the authority to do it, and then he did it anyway. Lawfare has published two big articles on the subject in the last couple of days—one of them by Lawfare senior editor Alan Rozenshtein, and the other by Lawfare founding editor Jack Goldsmith. They both joined Benjamin Wittes to

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42:05

Ben Kaiser and Jonathan Mayer on Fighting...

The Lawfare Podcast ·

2021/08/10

The spread of misinformation is one of the biggest challenges facing social media platforms. A standard approach is to label suspicious posts or links so as to warn users that what they're engaging with is not reputable, but warnings, despite their wide use, haven't proven to be particularly successful. So what's a social media platform to do?Two Princeton University computer scientists, Ben Kaiser, a PhD student, and Professor Jonathan Mayer, think they've found a better way. Instead of warning

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46:39

The Olympics Aren't All Fun and Games

The Lawfare Podcast ·

2021/08/09

The Olympics ended yesterday after more than two weeks of exciting international competition in Tokyo. On this episode of the podcast, we're taking a look back at some of the security and international affairs issues that you might have noticed in this year's games and in Olympic history. Rohini Kurup sat down with author Roy Tomizawa to talk about the last time that Japan hosted the Summer Olympics in 1964 and the similarities with this year's games. Bryce Klehm spoke with Libby Lange, a former

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1:00:39

Lawfare Archive: War Powers History You Never Knew...

The Lawfare Podcast ·

2021/08/08

From March 9, 2019: For the past year, Matthew Waxman has been writing a series of vignettes onLawfareabout interesting—and usually overlooked—historical episodes of American constitutional war powers in action, and relating them to modern debates. These include the stories ofSt. Claire’s Defeatand theWhiskey Rebellionduring the Washington administration,congressional war powersand the surprisinglylate terminationof World War I, the proposedLudlow Amendmentduring the interwar years, and Dwight

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1:05:27

Lawfare Archive: Antony Blinken on the Future of...

The Lawfare Podcast ·

2021/08/07

From the April 18, 2015: Deputy Secretary of State Antony Blinkenvisited Brookings for a public addresson the current priorities and future prospects for U.S. engagement in Central Asia. With the draw-down in Afghanistan on the horizon, Mr. Blinken makes clear that the United States is not relinquishing its interests in the region. Blinken stresses that the security of the United Statesis enhanced by a more secure Central Asia, and astableCentral Asia is most likely if the nations there are

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1:05:45

Unfinished Business at the Department of Justice

The Lawfare Podcast ·

2021/08/06

It's been a busy few weeks at the Justice Department. There was a major indictment of the chair of the former president's inaugural committee. There have been new policies promulgated on subpoenas to media organizations and on Justice Department White House contacts. There's been a decision not to defend a member of Congress for his role in the Jan. 6 uprising, and there are questions about what positions the Justice Department is going to take as the Jan. 6 committee begins its work. To talk about

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58:36

Facebook’s Thoughts on Its Oversight Board

The Lawfare Podcast ·

2021/08/05

There have been a thousand hot takes about the Facebook Oversight Board, the Supreme Court-like thing Facebook set up to oversee its content moderation. The Board generated so much press coverage when it handed down its decision on Donald Trump’s account that Kaitlyn Tiffany at The Atlantic called the whole circus “like Shark Week, but less scenic.” Everyone weighed in, from Board Members, to lawmakers, academics, critics and even Lawfare podcast hosts. But there’s a group we haven’t heard much

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51:50

Peter Bergen Reassessing Osama bin Laden

The Lawfare Podcast ·

2021/08/04

The U.S. raid on the compound in Abbottabad, Pakistan, that brought Osama bin Laden to ultimate justice also recovered nearly half a million files. In 2017, these files were publicly released, but few people have the expertise, the experience and the time to go through those materials, as well as interview family members of bin Laden and former associates to try to paint a full picture of the man. One person who fits that description is Peter Bergen, the author or editor of eight books, including

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47:19

Alex Vindman on 'Here, Right Matters'

The Lawfare Podcast ·

2021/08/03

Lieutenant Colonel Alexander Vindman is the Pritzker Military Fellow at the Lawfare Institute, a former NSC staffer, and of course, an impeachment witness in the first impeachment of Donald J. Trump. He is also the author of the new book, "Here, Right Matters: An American Story." He joined Benjamin Wittes to talk about the book and the ground it covers—from Vindman's immigration as a small child, to his departure from the Army, the decision he made to report what he heard Donald Trump say to

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47:00

Sue Gordon and John McLaughlin on Intelligence, Biden...

The Lawfare Podcast ·

2021/08/02

The president's interactions with intelligence and public comments about intelligence are dramatically different in the first six months of the Biden administration than they were during the last presidency. To talk about those differences and why they matter for intelligence and national security, David Priess sat down with Sue Gordon and John McLaughlin. Sue Gordon, for two years during the Trump administration, was the principal deputy director of national intelligence, after decades of service

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37:02

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

The Lawfare Podcast ·

2021/08/01

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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41:46

Lawfare Archive: Bryan Fogel on 'Icarus' and Russia

The Lawfare Podcast ·

2021/07/31

From August 12, 2017: The new Netflix documentaryIcarusmay seem at first glance off the beaten path forLawfare. It's a film about doping in international sports, not national security law or policy. But as Benjamin Wittes explained when hereviewed it here, it's really about much more than that:Icarusis not aboutL’Affaire Russeor Russian interference with the 2016 election. But if you want to understandL’Affaire Russe, you should watch it. BecauseIcarusis the story of the Russian government’s

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38:49

Sarah Yerkes on Tunisia's Democracy in Crisis

The Lawfare Podcast ·

2021/07/30

For the past decade, Tunisia's democracy has stood out as one of the few remaining bright spots of the Arab Spring. But earlier this week, it entered its own crisis as President Kais Saied declared a state of emergency, suspended parliament and stated his intent to move forward with widespread prosecutions as part of a long-promised anti-corruption effort. Some argue that Saied's strong-arm tactics are exactly what's needed to break the stagnation that's been plaguing Tunisia's economic and

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