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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

43:22

Andrew Coan on 'Prosecuting the President'

The Lawfare Podcast ·

2019/03/12

As the nation braces for the forthcoming end of special counsel Robert Mueller's investigation into President Trump and his associates, The Lawfare Podcast decided to take a look back at the complete history of special prosecutors. Benjamin Wittes sat down with Andrew Coan, a professor of law at the James E. Rogers College of Law at the University of Arizona. Coan recently published "Prosecuting the President," which traces the history of how special prosecutors and counsels work to keep the

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1:01:46

War Powers History You Never Knew with Matt Waxman

The Lawfare Podcast ·

2019/03/09

For the past year, Matt Waxman has been writing Lawfare vignettes about interesting—and usually overlooked—historical episodes of American constitutional war powers in action, and relating them to modern debates. These include the stories of St. Claire’s Defeat and the Whiskey Rebellion during the Washington administration, congressional war powers and the surprisingly late termination of World War I, the proposed Ludlow Amendment during the interwar years, and Eisenhower’s Taiwan force

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20:09

Shorts: FBI Director Wray on Combating Cyberthreats

The Lawfare Podcast ·

2019/03/06

On Tuesday, Susan Hennessey interviewed FBI Director Chris Wray at the 2019 RSA Conference. They discussed about how the Director views the cyber threat landscape 18 months into his term, his concerns about the threats posed by Russia and China, what the FBI is doing to protect the 2020 elections, and more.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

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44:31

John Judis on The Nationalist Revival

The Lawfare Podcast ·

2019/03/06

Political trends in recent years have seen a rise of right-leaning nationalism and populism around the globe, including in the United States. What are the sources of nationalism, and what are its effects on modern politics? On this episode, Lawfare founding editor and Harvard law professor Jack Goldsmith sits down with John Judis, editor-at-large at Talking Points Memo and author of "The Nationalist Revival." They discussed Judis’s book, including the necessity of nationalism in developed

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43:54

Luke Murry and Daniel Silverberg on National Security...

The Lawfare Podcast ·

2019/03/02

It's hard to open a newspaper or turn on the television without hearing about the dysfunction and partisan polarization affecting members of Congress. But what about their staffs, and what does that mean for national security? This week, Margaret Taylor sat down with seemingly unlikely partners: Luke Murry, National Security Advisor to Republican House Minority Leader Kevin McCarthy, and Daniel Silverberg, National Security Advisor to Democratic House Majority Leader Steny Hoyer. They spoke about

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1:02:03

Bonus Edition: Michael Cohen vs. the Committee with...

The Lawfare Podcast ·

2019/02/28

On Wednesday, Michael Cohen—the former executive vice president of the Trump Organization, former deputy finance chairman of the Republican National Committee, and former personal lawyer to Donald Trump—paid a visit to the House Committee on Oversight and Reform. Cohen accused the president of campaign finance violations after taking office. He alleged that he was present when Roger Stone gave Trump advance notice of the WikiLeaks dump of the hacked DNC emails. And he claimed that the president's

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54:33

Culper Partners Rule of Law Series: Eric Holder

The Lawfare Podcast ·

2019/02/27

In this second episode of the special Culper Partners Rule of Law Series, David Kris and Nates Jones, the founders of the Culper Partners consulting firm, speak with Eric Holder, who served as the 82nd Attorney General of the United States from 2009 to 2015. Holder shares his perspective on the proper functioning of the Department of Justice, the balance between independence and political accountability, and a distinction between the role of the Attorney General as the chief prosecutor on the one

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42:54

Bastian Giegerich on IISS's 2019 Military Balance

The Lawfare Podcast ·

2019/02/23

Each year, the International Institute for Strategic Studies (IISS) in London publishes The Military Balance, an annual assessment of the military capabilities and defense economics of 171 countries around the world. Last week, Benjamin Wittes sat down with Bastian Giegerich, director of defense and military analysis for IISS, who leads the research and publication of The Military Balance, which has just come out for 2019. They discussed Chinese military modernization, global defense spending and

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13:30

Shorts: Four Principles for Reading the Mueller Report

The Lawfare Podcast ·

2019/02/22

It’s looking more and more like Robert Mueller’s special counsel investigation is finally reaching an end. The regulations under which he is operating require Mueller to write and submit a final, confidential report to the attorney general. Who, in turn, must then decide when and how much of the report to release to Congress and the public. No one outside of the Justice Department knows what will be in the report, which makes this the perfect to set ground rules regarding how people should

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50:16

Marie Harf and Bill Harlow on CIA Public Relations

The Lawfare Podcast ·

2019/02/19

The Central Intelligence Agency, by its very nature, is a secretive organization, yet it has a robust public affairs and media relations operation. How does the agency resolve this tension? How do its employees, from the director of the CIA to the officers needed to assist in this effort, deal with the difficult questions of how open to be? To find out, David Priess sat down with Bill Harlow and Marie Harf, two former CIA officers who were in the middle of it all.Support this show

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1:11:03

Culper Rule of Law Series: Judge John Bates

The Lawfare Podcast ·

2019/02/16

Something a little different on the podcast today: the launch of a special series—the Culper Partners Rule of Law Series. David Kris and Nates Jones, the founders of the Culper Partners consulting firm, have recorded a limited-edition podcast series exploring various aspects of the rule of law, particularly as it relates to U.S. national security and criminal law enforcement. Over the course of several episodes, which we will be dropping into the Lawfare Podcast feed over the coming weeks and

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52:23

Amanda Sloat on All Things Brexit

The Lawfare Podcast ·

2019/02/13

On March 29, in approximately six weeks, the United Kingdom is scheduled to crash out of the European Union. As of the date of this podcast, there is no deal governing how that exit will work. To understand the stakes, Benjamin Wittes sat down last week in the new Jungle Studio with Amanda Sloat, a senior fellow at the Brookings Center for the United States and Europe, to talk about all things Brexit. They talked about the thorny issue of the Northern Ireland border, Theresa May's delicate political

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1:05:56

Bonus Edition: Whitaker vs. the Committee with No Bull

The Lawfare Podcast ·

2019/02/10

After the Democrats on the House Judiciary Committee assured that he would be allowed to appear voluntarily, Acting Attorney General Matthew Whitaker gave testimony on Friday before the panel on oversight of the department he has led since Jeff Sessions left office in November 2018. He answered questions for over six hours about everything from his decision not to recuse from the Mueller investigation to the department's pretrial release program. But we cut out all the unnecessary repetition and

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1:23:00

The Future of Warfare

The Lawfare Podcast ·

2019/02/09

From the increasing development of autonomous weapons systems to the expansion of the traditional battlefield to cyber and outer space, the evolution of warfare invites ethical and legal questions about what the future holds. In November 2018, Arnold & Porter's Veterans and Affiliates Leadership Organization hosted a panel discussion to explain what warfare will be like for the military veterans of the future. Former Air Force and Army general counsel and current Arnold & Porter partner Chuck

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52:35

Progressive Critiques of Liberal Internationalism

The Lawfare Podcast ·

2019/02/06

Many critics of Donald Trump’s foreign policy say the president has undermined the liberal international order, but some progressives question whether liberal internationalism was worthwhile to begin with. On Sunday, Jack Goldsmith had a conversation with Samuel Moyn, a professor of law and history at Yale University, who studies that subject. They talked through how to understand the successes and failures of liberal internationalism, the significance of Donald Trump’s effect on it, and what the

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6:26

Shorts: Why the FBI Sent So Many Agents to Roger...

The Lawfare Podcast ·

2019/02/04

In the wake of Roger Stone’s arrest on Jan. 25, 2019, Chuck Rosenberg, a longtime U.S. federal law enforcement official, explained on Lawfare why the tactics used during the arrest were wholly appropriate. Nonetheless, some politicians, including the president and Senate Judiciary Committee Chairman Lindsey Graham, have raised questions about the FBI’s operational decisions—in particular regarding the allegedly excessive number of FBI officials who were present for the arrest and search of

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54:26

Herb Lin and Amy Zegart on “Bytes, Bombs, and Spies”

The Lawfare Podcast ·

2019/02/02

Last week, as part of the Hoover Institution’s “Security by the Book” series, Jack Goldsmith spoke with Herb Lin and Amy Zegart, co-directors of the Stanford Cyber Policy Program. Lin and Zegart edited a recently-published volume on offensive cyber operations entitled: “Bytes, Bombs, and Spies: The Strategic Dimensions of Offensive Cyber Operations.” In the book, leading cybersecurity scholars and practitioners dissect the technical, political, psychological, and legal ramifications of offensive

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15:23

Shorts: What a Watergate Document Can Teach the House...

The Lawfare Podcast ·

2019/01/31

While researching the Watergate Road Map, Benjamin Wittes discovered a letter written by the then-Chairman of the House Committee on the Judiciary Peter Rodino to the chief judge of the U.S. District Court for the District of Columbia. In the letter, Rodino requested that any material relevant to the House’s impeachment inquiry be transferred to his committee. This morning, Wittes analyzed in a Lawfare article how the letter could instruct current Chairman of the Judiciary Committee Jerry Nadler

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12:25

Shorts: The Intelligence Chiefs vs. the Committee...

The Lawfare Podcast ·

2019/01/30

On Tuesday, the Senate Intelligence Committee heard testimony on global threats to U.S. national security from six heads of intelligence agencies: Director of National Intelligence Dan Coats, CIA Director Gina Haspel, FBI Director Christopher Wray, NSA Director Paul Nakasone, NGIA Director Robert Cardillo, and DIA Director Robert Ashley. In a three-hour open session, they gave testimony about North Korea, they gave testimony about Iran, and they gave some testimony that clashed with statements made

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37:32

Stan Brand on Congressional Subpoenas and Contempt

The Lawfare Podcast ·

2019/01/29

With the Democrats taking control of the House of Representatives, the 116th Congress is expected to be one of vigorous oversight of the executive branch, complete with requests for documents and for testimony from executive branch officials. But how does this actually work, and what happens when the executive branch refuses to comply? To hash it all out, Brookings Senior Fellow Molly Reynolds spoke with Stan Brand, who served as the general counsel to the U.S. House of Representatives from 1976 to

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