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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

51:34

Molly Reynolds and Margaret Taylor Talk Congress

The Lawfare Podcast ·

2020/10/12

Congress is capable of moving a Supreme Court justice at record speed, yet it can't get coronavirus relief passed. It has struggled to keep the government open, and it has pending business that it has to accomplish now or during the lame duck session. Margaret Taylor and Molly Reynolds, both of Lawfare and the Brookings Institution, joined Benjamin Wittes for a Lawfare Live event to discuss the health of this first branch of government and its functioning during the combined crises of the

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51:17

Andrew Weissmann on 'Where Law Ends'

The Lawfare Podcast ·

2020/10/09

Andrew Weissmann was the general counsel of the FBI. He was the head of the Justice Department's fraud section and helped run the Enron Task Force. And yet, he is best known these days for having been one of Bob Mueller's top prosecutors—and certainly the most smeared of Bob Mueller's prosecutors. Weismann's name became a kind of tagline for Mueller's supposedly evil alter ego as the investigation went on, and Andrew's new book, "Where Law Ends: Inside the Mueller Investigation," recounts the whole

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1:03:19

Yochai Benkler on Mass-Media Disinformation Campaigns

The Lawfare Podcast ·

2020/10/08

On this episode of our Arbiters of Truth series on disinformation, Evelyn Douek and Quinta Jurecic spoke with Yochai Benkler, a professor at Harvard Law School and co-director of the Berkman Klein Center for Internet and Society. With only weeks until Election Day in the United States, there’s a lot of mis- and disinformation flying around on the subject of mail-in ballots. Discussions about addressing that disinformation often focus on platforms like Facebook or Twitter. But a new study by the

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44:44

Scott Anderson on State Election Rules

The Lawfare Podcast ·

2020/10/07

We have an election in less than a month, and a lot of analysts seem to be expecting contested results. Doomsday scenarios are playing out in the pages of national magazines, the campaigns are gearing up for legal challenges and a lot of people are super worried about it. But there's something missing from a lot of these conversations: actual state law. State laws are the rules under which an election will initially be challenged, and they differ a great deal from jurisdiction to jurisdiction

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1:09:00

John Brennan Remains Undaunted

The Lawfare Podcast ·

2020/10/06

Starting in January 2017, John Brennan became one of President Trump's most blunt critics among former national security professionals. In the years since, he has been working on writing a book, now available, called "Undaunted: My Fight Against America's Enemies at Home and Abroad." David Priess sat down with John to talk about the book and his career. They talked about what brought him to the CIA, his career as a CIA officer and manager, his work overseas at the CIA, his time at the White House as

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47:26

The President and the Coronavirus

The Lawfare Podcast ·

2020/10/05

President Trump is at Walter Reed with the COVID virus. A large number of executive and legislative branch officials have also tested positive. What happens when the president is seriously ill? What happens when the president is incapacitated? And what happens when a presidential candidate falls seriously ill—after people have already started voting? These are not all questions entirely answered by the law, but they are all questions on which the law has something to say. To talk it all through,

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46:51

An Islamic State Hoax?

The Lawfare Podcast ·

2020/10/02

On September 25, the Royal Canadian Mounted Police arrested a Canadian man for faking his involvement in the Islamic State. It’s a strange charge, but the situation is made more complicated by the fact that the man—who goes by the nom de guerre Abu Huzayfah—was the primary subject of “Caliphate” a popular New York Times podcast series about the Islamic State. In that series, Abu Huzayfah talked at length about spending time with the Islamic State and rehashed in great detail his involvement in the

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51:21

Everything is On Fire

The Lawfare Podcast ·

2020/10/01

On this episode of Lawfare's Arbiters of Truth series on disinformation, Evelyn Douek and Quinta Jurecic talked about how everything is on fire—not metaphorically, but literally. In recent months, wildfires in the American West have caused unprecedented devastation and forced thousands of people to evacuate their homes. And along with the fires, the West has been grappling with a surge of false material circulating online about the flames. But this isn’t the first time wildfires and disinformation

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1:00:00

Trump's Money and National Security

The Lawfare Podcast ·

2020/09/30

On Sunday, September 27, the New York Times dropped bombshell new reporting on 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 does the president owe

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1:04:30

Peter Baker and Susan Glasser on 'The Man Who Ran...

The Lawfare Podcast ·

2020/09/29

James A. Baker III has been a lawyer, a presidential campaign manager, the White House Chief of Staff for two presidents, the Secretary of the Treasury, the Secretary of State and the point person for George W. Bush in the 2000 Florida recount. His career demonstrates what it takes to acquire political power; to wield it effectively to reach bipartisan compromises, even after bitter campaigns; and to wrestle with the tension between partisan loyalty and the principles of good government. David

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41:02

TikTok, WeChat and Trump

The Lawfare Podcast ·

2020/09/28

It's been a wild few weeks with President Trump threatening to shut WeChat and TikTok out of the U.S. market and rip them out of the app stores. There have been lawsuits, a preliminary injunction—and a sudden deal to purchase TikTok and moot the issue out. To chew it all over, Benjamin Wittes spoke with Lawfare co-founder Bobby Chesney, a professor at the University of Texas at Austin Law School, and Jordan Schneider, the voice behind the podcast ChinaTalk. They talked about how we got here, whether

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45:16

Mira Rapp-Hooper and Rebecca Lissner on 'An Open World'

The Lawfare Podcast ·

2020/09/25

Rebecca Lissner is an assistant professor at the U.S. Naval War College. Mira Rapp-Hooper is a senior fellow at Yale Law School's Paul Tsai China Center. Together, they are the authors of "An Open World: How America Can Win the Contest for 21st-Century Order." It's an ambitious book that looks beyond the liberal world order, arguing that China's rise and America's weakness render the old order obsolete. So, what will replace it? Lissner and Rapp-Hooper argue that the United States should push for an

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47:13

Nina Jankowicz on 'How to Lose the Information War'

The Lawfare Podcast ·

2020/09/24

This week on Lawfare's Arbiters of Truth miniseries on disinformation, Evelyn Douek and Quinta Jurecic spoke to Nina Jankowicz, a disinformation fellow at the Wilson Center, about her new book: “How to Lose the Information War: Russia, Fake News, and the Future of Conflict.” The book chronicles Nina’s journey around Europe, tracing down how information operations spearheaded by Russia have played out in countries in the former Soviet bloc, from Georgia to the Czech Republic. What do these case

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30:23

Portland, DHS and the Rule of Law

The Lawfare Podcast ·

2020/09/23

Bobby Chesney sat down with former Secretary of Homeland Security Jeh Johnson and Texas Congressman Chip Roy as part of the 2020 Texas Tribune Festival. They discussed Portland, DHS, domestic violence and even the shortage of civil discourse in our society.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

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42:49

Detention Questions and the Women of the Islamic State

The Lawfare Podcast ·

2020/09/22

It’s not something that gets a lot of attention in American news outlets, but there remain large numbers of women and children linked with the Islamic State detained in various camps in Syria. Some of the population in the camps are native to Iraq or Syria, but there are also significant numbers who traveled to the Islamic State from outside the Middle East. Many of these travelers came from Central Asia, but a not-insignificant number of them came from various countries in Western Europe—and many

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55:05

Elizabeth Neumann and Kathleen Belew on White Power...

The Lawfare Podcast ·

2020/09/21

Elizabeth Neumann served as the assistant secretary for threat prevention and security policy at the Department of Homeland Security. She has recently been speaking out about President Trump and, among other things, his failure of leadership with respect to the threat of white supremacist violence. In the course of doing so, she made reference to a book by Kathleen Belew, a historian at the University of Chicago: "Bring the War Home: The White Power Movement and Paramilitary America," a history of

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46:48

Goldsmith and Bauer on 'After Trump'

The Lawfare Podcast ·

2020/09/18

"After Trump: Reconstructing the Presidency," a new book published by Lawfare, is a look at the manner in which Donald Trump has disrupted the presidency across a range of areas, as well as a series of proposals for reforms to try to restore those norms that his presidency has disrupted. Its authors, Bob Bauer, former White House counsel in the Obama White House, and Jack Goldsmith, Lawfare co-founder and former OLC chief in the Bush administration, joined Benjamin Wittes to discuss they book, how

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51:00

Congress's Control Over the Military

The Lawfare Podcast ·

2020/09/17

In recent years, Congress has taken unprecedented steps to push back against the Trump administration's efforts to pull U.S. troops from certain long-standing deployments overseas. The most recent such provision is contained in the House version of the National Defense Authorization Act for 2021 that is currently being debated and would prohibit the president from reducing U.S. troop levels in Germany and Europe unless certain conditions are met. But does Congress have the authority to direct these

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51:48

The Spymasters with Chris Whipple

The Lawfare Podcast ·

2020/09/16

What is the proper relationship between the CIA director and the president? How should directors handle arguably illegal orders? How important is the director's role as the nation's honest broker of information during times of crisis? To get at these questions, David Priess sat down with Chris Whipple, a documentary filmmaker, journalist and the author of two books about the people around the president. "The Gatekeepers," based upon his documentary of the same name, examines White House chiefs of

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33:36

Alina Polyakova on the Poisoning of Alexei Navalny

The Lawfare Podcast ·

2020/09/15

Alexei Navalny is Russia's most prominent dissident, opposition leader and anti-corruption crusader—and the latest such person to be poisoned by the Vladimir Putin regime, which, of course, it denies. When we recorded this episode, Navalny's condition was improving as he received medical treatment in Germany. To discuss Navalny's career and why Putin chose now to attack him, Benjamin Wittes sat down with Alina Polyakova, president and CEO of the Center for European Policy Analysis. They talked about

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