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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

51:04

Jeffrey Tulis on 'The Rhetorical Presidency' on Steroids

The Lawfare Podcast ·

2019/01/26

On a flight recently, Benjamin Wittes read a book that knocked his socks off: "The Rhetorical Presidency" by political scientist Jeffrey Tulis. While written in 1987, the book seems to anticipate our current president. Ben got on the phone with Jeffrey Tulis to talk about the book, how the speaking style of presidents changed from the Founding era through the 19th century and into the 20th century, and how the hyper-rhetorical style of Donald Trump, where he's talking all the time, is really an

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51:04

Molly Reynolds and Margaret Taylor on National...

The Lawfare Podcast ·

2019/01/23

It's a new year with a new Congress, and the Democrats now control the House of Representatives. But how will that change affect the state of play for national security legal issues? To find out, Benjamin Wittes spoke last Friday with Brookings senior fellow and expert on all things Congress, Molly Reynolds, and Brookings fellow, Lawfare senior editor, and former Chief Democratic Counsel for the Senate Foreign Relations Committee, Margaret Taylor. They talked about the dynamics of a divided

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40:25

Ian Bassin on Protecting Democracy

The Lawfare Podcast ·

2019/01/19

Ian Bassin served in the White House Counsel's office under President Obama. At the dawn of the Trump administration, he became the impresario behind the litigating organization Protect Democracy, which has become an increasingly cross-ideological mechanism for using litigation to protect democratic values. Benjamin Wittes sat down with Ian to talk about the differences between Protect Democracy and more traditional litigating organizations, what sort of projects they do take on, and what sort of

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2:01:25

Special Edition: Bill Barr vs. the Committee with No...

The Lawfare Podcast ·

2019/01/16

Bill Barr spent Tuesday testifying before the Senate Judiciary Committee on his nomination to take over the reins of the Justice Department as attorney general, a role he previously held during the George H.W. Bush administration. Barr spent more than eight hours before the senators. But on this episode of the Lawfare Podcast, we cut out all the BS: No repeated questions, no repeated answers, no ums, no uhs. And we took out everything except the national security questions, leaving you just the

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1:03:57

Special Edition: The FBI’s Counterintelligence...

The Lawfare Podcast ·

2019/01/12

Benjamin Wittes talks to Carrie Cordero, Chuck Rosenberg, David Kris, Jack Goldsmith and Susan Hennessey about the New York Times's report that the FBI opened a counterintelligence investigation of Donald Trump after the president fired Director James Comey in May 2017.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

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43:36

Greg Miller on “The Apprentice: Trump, Russia and the...

The Lawfare Podcast ·

2019/01/12

Last week, Jack Goldsmith got on the phone with Pulitzer Prize-winning Washington Post journalist Greg Miller to discuss Miller’s new book, “The Apprentice: Trump, Russia and the Subversion of American Democracy.” Miller’s book chronicles Russia’s efforts to interfere in the 2016 U.S. presidential election and the interactions among members of the Trump campaign, transition, and administration, and officials and representatives of the Russian government. Goldsmith and Miller discussed how Miller

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29:24

Special Edition: Jaimie Nawaday on the Veselnitskaya...

The Lawfare Podcast ·

2019/01/09

Benjamin Wittes talks to Jaimie Nawaday, a former federal prosecutor in the Southern District of New York, to discuss the indictment of Natalia Veselnitskaya over alleged obstruction of justice in a case Nawaday handled. Nawaday talks about Russian abuse of the American justice system and how Veselnitskaya colluded with the Russian chief prosecutor's office to frustrate American prosecutors.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more

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35:36

John Sipher on Spy Swaps: Past, Present, and Future

The Lawfare Podcast ·

2019/01/08

The Russian government's recent arrest of American Paul Whelan and its charges against him have many politicians and pundits speculating about the possibility of an intended spy swap for Maria Butina. There's a lot going on here, but there's also a lot of misunderstanding about the history of spy swaps, what they are, and what they aren't. Earlier this week, David Priess sat down with his former CIA colleague John Sipher to talk about it all. They discussed the history of spy swaps, the current case

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51:15

Mary McCord and Jason Blazakis on Criminalizing...

The Lawfare Podcast ·

2019/01/05

The murder of Heather Heyer in Charlottesville in 2017 and other recent events have drawn into the public discourse the fact that domestic terrorism is not a 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, a professor of practice at Georgetown Law School, a senior litigator at the Institute for Constitutional Advocacy and Protection at Georgetown Law

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1:28:48

Lawfare AMA 2018

The Lawfare Podcast ·

2018/12/29

For this end-of-the-year episode of the Lawfare Podcast, we wanted to hear from you and get your voice on the podcast. You called us with questions, you tweeted your questions using #LawfareAMA, and Benjamin Wittes, Scott Anderson, Bob Bauer, Bobby Chesney, Susan Hennessey, Matthew Kahn, Alina Polyakova, David Priess, and Tamara Cofman Wittes all came together to answer them. We talked about everything from the 25th Amendment, to cyberwarfare, to what's happening in the Middle East. Thank you for

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1:05:56

Exiting Syria and the Rest of the Iceberg

The Lawfare Podcast ·

2018/12/22

This week, President Trump made the unexpected announcement that he was immediately withdrawing U.S. troops from Syria, ending their involvement in the counter-ISIS campaign that the United States has led there for the last four years. As the week went on, it became clear that the decision on Syria was just the tip of the iceberg. To help us make sense of all that has happened over the last 72 hours, Lawfare's Scott R. Anderson sat down on Friday with a panel of Middle East experts at the Brookings

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34:14

David Priess on 'How to Get Rid of a President'

The Lawfare Podcast ·

2018/12/19

David Priess is man of many national security hats. Long before becoming Lawfare's head of operations, Priess was an intelligence officer, manager, and briefer with the CIA, including some time spent as a primary PDB briefer to then-FBI director Robert Mueller and Attorney General John Ashcroft. Since leaving government, Priess has become a historian of national security, intelligence, and the presidency, most recently writing on the history of presidential removal in the book "How to Get Rid of a

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41:00

Senator Mark Warner on a New Cyber Doctrine

The Lawfare Podcast ·

2018/12/15

Last week, Senator Mark Warner of Virginia addressed a crowd at the Center for New American Security (CNAS), offering what he called a “New Doctrine for Cyberwarfare & Information Operations.” Sen. Warner currently serves as the Vice Chairman of the Senate Select Committee on Intelligence. In that role, he helps to oversee that committee’s investigation into Russian interference in the 2016 election. To combat the sort of information warfare and cyberattacks used in that election, as well as the

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1:00:38

The War in Yemen (and Congress’s Response)

The Lawfare Podcast ·

2018/12/12

Last week, Benjamin Wittes sat down with Gregory Johnsen, a former member of the U.N. Security Council Panel of Experts on Yemen and the author of the book "The Last Refuge: Yemen, Al-Qaeda, and America’s War in Arabia," to do a deep dive on the conflict in Yemen: its origins; its current state; and the role Iran, Saudi Arabia, and the United States have played and are likely to play moving forward. Joining Ben and Greg was Daniel Byman, senior fellow at the Brookings Institution’s Center for Middle

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42:30

Congressman Adam Schiff on the Future of the House...

The Lawfare Podcast ·

2018/12/08

On January 3, Democrats will take control of the House of Representatives and all of its committees. Congressman Adam Schiff of California, the current ranking member on the House Permanent Select Committee on Intelligence, also known as HPSCI, is expected to take control of the committee. This week, Susan Hennessey and Benjamin Wittes sat down with Congressman Schiff at his office to discuss the agenda for HPSCI and the upcoming Congress, the challenges facing the Democratic majority as they

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58:44

Special Edition: Preet Bharara Discusses…Everything

The Lawfare Podcast ·

2018/12/06

Today Benjamin Wittes got on the phone with former U.S. attorney and podcast empresario Preet Bharara to discuss a recent report Preet has published along with the National Task Force on Rule of Law & Democracy, a group which Preet co-chairs along with former New Jersey governor Christine Todd Whitman. The conversation took a turn towards the news: They talked about a hot-of-the-presses Washington Post story naming former attorney general William Barr as President Trump’s leading candidate to be

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1:16:35

Global Developments in Encryption and Surveillance Law

The Lawfare Podcast ·

2018/12/05

In August, legal and technical experts gathered in Santa Barbara for the Crypto 2018 Workshop on Encryption and Surveillance to further the ongoing debate over the impact of strong encryption and law enforcement surveillance capabilities. Over the past several days, Lawfare has published a series of reflections that capture some of the views presented at the conference. On this episode of the Lawfare Podcast, we’ve brought you one of the conversations from the event itself, in which Jim Baker of

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1:08:19

Special Edition: Michael Cohen’s Trump Tower Moscow Plea

The Lawfare Podcast ·

2018/11/29

Thursday saw another plea deal from Michael Cohen: this time with Special Counsel Robert Mueller. Cohen pleaded guilty to one count of lying to Congress regarding how long into the 2016 campaign the Trump Organization sought to build Trump Tower in Moscow and who exactly knew about the efforts. The criminal information validates to a remarkable degree a May 2018 report from Anthony Cormier and Jason Leopold of Buzzfeed news, chronicling the details of Michael Cohen and associate Felix Sater’s

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53:44

Alina and Scott Talk Ukraine and Russia

The Lawfare Podcast ·

2018/11/27

This week, Russia and Ukraine went at it in the Kerch Strait, which separates the Black Sea from the Sea of Azov. It's the latest salvo in Russia's (not-so-secret) war against Ukraine and its eastern provinces, and it's the latest thing that has the world talking about Vladimir Putin's lawlessness in his back yard. To understand it all, Benjamin Wittes spoke today with Alina Polyakova of the Foreign Policy program at Brookings, and Scott Anderson of Lawfare and the Governance Studies program at

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55:59

John Carlin on "Dawn of the Code War"

The Lawfare Podcast ·

2018/11/24

John Carlin served as assistant attorney general for the Justice Department’s National Security Division from April 2014 to October 2016. In his new book with Garrett Graff, called “Dawn of the Code War: America's Battle Against Russia, China, and the Rising Global Cyber Threat," Carlin explains the cyber conflicts the U.S. faces and how the government fights back. Benjamin Wittes sat down with Carlin last week to talk about the book. They talked about about the FBI and Justice Department’s fight

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