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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

40:18

Late Impeachments

The Lawfare Podcast ·

2021/01/13

Jack Goldsmith sat down with Brian Kalt, a law professor at Michigan State University, to talk about an important issue in the news this week: late impeachments. In the current context, the issue of a late impeachment would arise if the House of Representatives impeaches President Trump before he leaves office but the Senate does not hold the trial for Trump, with possible conviction and disqualification from further office, until after he leaves office. They discussed how the Constitution and its

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51:59

The Incredible Vanishing President

The Lawfare Podcast ·

2021/01/12

Donald Trump is headed for a second impeachment, a whole lot of people have been charged in federal and local courts in Washington, and an even larger number are probably about to be. What's more, the president's social media accounts have vanished; in fact, one of the very networks on which the president's supporters organized has itself disappeared. To talk through it all, Benjamin Wittes sat down with Lawfare's Alan Rozenshtein, Bryce Klehm, David Priess, Quinta Jurecic and Susan Hennessey. They

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40:17

Jamie Gorelick on Merrick Garland and the Justice...

The Lawfare Podcast ·

2021/01/11

Jamie Gorelick was the deputy attorney general under President Bill Clinton and Attorney General Janet Reno. In that capacity, she hired as her top aide and adjutant one Merrick Garland. This was before Garland became a D.C. Circuit judge, but it was a fateful period for the department, a period in which Garland supervised some high-profile cases, including the investigation of the Oklahoma City bombing. Benjamin Wittes sat down with Gorelick to talk about Garland's history at the department, his

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46:59

Who Let the Barbarians Through the Gates?

The Lawfare Podcast ·

2021/01/08

The storming of the Capitol on Wednesday was a catastrophic failure of protective law enforcement, as rioters overran Capitol Police barricades and gained access to a building that a lot of police were supposed to be protecting. How did it happen? Who screwed up? And what can be done about it? Benjamin Wittes sat down with Fred Burton, the executive director of the Center for Protective Intelligence at Ontic and a former protective officer; Garrett Graff, a journalist who covers federal law

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50:02

Emergency Edition: Insurrection at the Capitol

The Lawfare Podcast ·

2021/01/07

Today a mob of Trump supporters stormed the Capitol following a rally at which the president spoke. Congressional efforts to count the electoral votes were suspended, and an armed standoff, in which at least one person was killed, ensued. To discuss the matter, Benjamin Wittes sat down with Lawfare managing editor Quinta Jurecic; Lawfare chief operating officer David Priess; Georgetown's Mary McCord, who used to run the National Security Division at the Justice Department; and Daniel Byman, a

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46:35

Counting the Electoral Votes

The Lawfare Podcast ·

2021/01/06

It is electoral count voting day, and members of Congress in a joint session will open and count the electoral votes and declare Joe Biden and Kamala Harris the winners of the election. It will not be without controversy, however, as members from both houses plan to object, forcing debate, and as the Proud Boys descend on Washington. In anticipation of turmoil inside and outside of the Capitol, Benjamin Wittes sat down with Lawfare senior editor Scott Anderson, Brookings and Lawfare congressional

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39:46

The Role of the Pardon Attorney

The Lawfare Podcast ·

2021/01/05

Jack Goldsmith sat down with Margaret Love, the United States Pardon Attorney in the Justice Department from 1990 to 1997. They discussed Donald Trump's very controversial pattern of pardons and commutations, Trump's circumvention of the traditional pardon attorney process and the historical operation of that process prior to Trump. They also discussed various potential reforms of the process for determining pardons and commutations.Support this show http://supporter.acast.com/lawfare. Hosted on

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47:44

Dr. Geoffrey Gresh on 'To Rule Eurasia's Waves'

The Lawfare Podcast ·

2021/01/04

Alexander Vindman sat down with Dr. Geoffrey Gresh to discuss his new book, "To Rule Eurasia's Waves: The New Great Power Competition at Sea." Dr. Gresh is a professor of International Security Studies at the College of International Security Affairs (CISA) at the National Defense University in Washington D.C., with a primary research focus on maritime affairs. He has also served as the chair of the Department of International Security Studies and as CSIA's director for the South and Central Asia

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52:39

Bye Bye, 2020

The Lawfare Podcast ·

2020/12/30

It is the last podcast of the year, and we are giving 2020 an appropriate send-off. Benjamin Wittes sat down with Lawfare executive editor Susan Hennessey, managing editor Quinta Jurecic, senior editor Scott Anderson, and Lawfare contributor and law professor Alan Rozenshtein to talk about the worst stories of the year, as well as their expectations and predictions for the coming year.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more

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37:23

Bob Bauer on the White House Counsel in an...

The Lawfare Podcast ·

2020/12/29

Bob Bauer is a former White House counsel, and he has been leading the legal response for the Biden campaign and transition to the unprecedented onslaught of efforts on the part of the president to overturn the 2020 election. He also recently wrote a piece for Lawfare on the current occupant of the White House counsel's office, Pat Cipollone, and how he should be handling the incredibly difficult position the president has put him in. Benjamin Wittes spoke with Bob about the article, the role of the

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57:14

Ask Us Anything

The Lawfare Podcast ·

2020/12/28

It's the end of the year, and that means we opened the phones for the annual "Ask Us Anything" edition. You called in with your questions, which we routed to Lawfare contributors for their answers. Benjamin Wittes, Molly Reynolds, Steve Vladeck, David Priess, Susan Hennessey, Scott Anderson, Judd Devermont and Rohini Kurup responded to questions on everything from pardons to prosecuting contractors to ethnic diversity at Lawfare. Thank you for your questions. And as always, thank you for

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54:58

Conflict in Ethiopia

The Lawfare Podcast ·

2020/12/23

It’s not something that has gotten a lot of attention amid a busy U.S. news cycle, but much has been happening in Ethiopia over the past two months. Prime Minister Abiy Ahmed, who just last year won the Nobel Peace Prize for his efforts to bring unity between Ethiopia and neighboring Eritrea, led a military battle against domestic forces in the northern Ethiopian region of Tigray. The fighting has caused the significant displacement of people living in the region and has involved reports of

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38:47

Jane Bambauer and Brian Ray on the Lost Promise of...

The Lawfare Podcast ·

2020/12/22

In the early months of the COVID-19 pandemic, digital technology was touted as a potential savior. In particular, there was a burst of enthusiasm around so-called digital contact tracing apps, which would track people's movements and interactions and notify them if they had been exposed to COVID. Apple and Google, which together control the operating systems for virtually the entire smartphone market, joined forces and created a standard to help researchers, private entities and governments create

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1:03:37

Government Agencies that Really Listen To You: SIGINT...

The Lawfare Podcast ·

2020/12/21

The United Kingdom of Great Britain and Northern Ireland has been conducting and regulating signals intelligence, SIGINT, since before the United States was born. To talk about how they do it across the pond, David Kris sat down with two experts on UK SIGINT and SIGINT regulation: Michael Drury and Tony Comer, both veterans of Government Communications Headquarters (GCHQ), the British counterpart to our own National Security Agency. Michael was GCHQ's first full-time legal advisor from 1996 to 2010,

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48:11

Jasmine El-Gamal on What She Lost and Found at...

The Lawfare Podcast ·

2020/12/18

Jasmine El-Gamal is a nonresident senior fellow with the Middle East program at the Atlantic Council. Between 2008 and 2015, she served as a Middle East advisor in the Office of the Secretary of Defense, and as a special assistant to three undersecretaries of defense for policy. She is the author of a recent article in Newlines magazine entitled, "Lost and Found in Guantanamo Bay: Two encounters with two different men in the most notorious detention facility in the world shaped my faith – and my

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50:21

No One Expects the Spanish Disinformation

The Lawfare Podcast ·

2020/12/17

This week on Lawfare's Arbiters of Truth series on disinformation, Evelyn Douek and Quinta Jurecic spoke with Jaime Longoria, an investigative researcher at First Draft, who monitors information disorder in Latino or Latinx communities in the United States and in Latin America. In the run-up to the 2020 U.S. election, there was an explosion of press stories about mis- and dis-information in Spanish-speaking communities. But this is hardly a new phenomenon. They talked with Jaime about the

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41:09

It's Over, or Is It?

The Lawfare Podcast ·

2020/12/16

It is two days after the Electoral College has met in 50 state capitals, voted and given 306 electoral votes to Joe Biden, making him the next president of the United States. Or did it? There is talk of a kind of electoral Alamo wherein a final showdown takes place over the counting of those electoral votes come January 6 when Congress meets in a joint session to receive the votes of the state electors. To discuss what happened this week, Benjamin Wittes sat down with Molly Reynolds, senior fellow

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39:54

Yaya Fanusie on 'Central Bank Digital Currencies: The...

The Lawfare Podcast ·

2020/12/15

Alan Rozenshtein sat down with Yaya Fanusie, a former CIA analyst and an expert on the national security implications of cryptocurrencies, who recently published a paper as part of Lawfare's ongoing Digital Social Contract research paper series, entitled, "Central Bank Digital Currencies: The Threat From Money Launderers and How to Stop Them." They talked about how central banks are exploring digital currencies, how those currencies might in turn be used by criminals and terrorist groups, and how

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1:10:07

China-Australia Relations and What the U.S. Should Do...

The Lawfare Podcast ·

2020/12/14

In the first part of this episode, Jordan Schneider, the host of ChinaTalk, sat down with Yun Jiang, a former Australian government official and an editor at the Australian National University's China Story blog, for a deep dive into the Australia-China relationship, providing much needed context on why tension has boiled over in recent months. In the second part, we excerpt a conversation that Jordan had with Wendy Cutler, a long-time USTR official and current vice president and managing director

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1:03:56

The Past, Present and Future of Sovereign Immunity

The Lawfare Podcast ·

2020/12/11

This week, the Supreme Court returned once again to the complex and sometimes controversial Foreign Sovereign Immunities Act, or FSIA, that protects foreign sovereigns from litigation before U.S. courts. At the same time, Congress is once again debating new exceptions to the protections provided by the FSIA on issues ranging from cybercrime to the coronavirus pandemic, an effort that may risk violating international law and exposing the United States to similar lawsuits overseas. To discuss these

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