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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

38:51

Jack Goldsmith and Matt Olsen on the Current State of...

The Lawfare Podcast ·

2017/03/11

This week on the podcast, Jack Goldsmith sat down with former Director of the National Counterterrorism Center Matt Olsen to talk about the current state of national security. What should we make of the president's tweeted allegations of politically motivated wiretapping? Of the revised executive order restricting entry into the United States from six majority-Muslim countries? Of the most recent release by Wikileaks? Of Trump's persistent attacks on the integrity of the intelligence community? Jack

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1:02:26

What Happens When We Don’t Believe the President’s Oath?

The Lawfare Podcast ·

2017/03/04

Yesterday, Just Security and the Center on Law and Security at New York University School of Law hosted Benjamin Wittes for a conversation on a question he and I have posed about the path of the Trump presidency so far: what happens when we can’t take the president’s oath of office seriously? Ben’s talk focused on an essay by him and myself that went up on Lawfare simultaneously, in which we argued that the presidential oath—little discussed though it may be in constitutional jurisprudence and

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41:01

Paul Lewis on Not Closing Guantanamo

The Lawfare Podcast ·

2017/02/24

Under the oversight of Paul Lewis, the Department of Defense’s Special Envoy for Guantanamo Closure under the Obama administration, the detainee population at Guantanamo Bay went from 164 to 41. But Guantanamo remains open, and the Trump administration has promised not only to halt any further transfers or releases of detainees, but also to possibly bring in more detainees in the future. Benjamin Wittes sat down with Paul to discuss his time as special envoy and what’s next for Guantanamo under

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57:37

Edward Jay Epstein on “How America Lost Its Secrets”

The Lawfare Podcast ·

2017/02/17

Amidst the chaos surrounding Michael Flynn’s departure as national security advisor and the slowly unspooling news story on the Trump team’s reported contacts with the Russian government, it’s worth taking a step back and remembering a previous political controversy involving the Kremlin: Edward Snowden’s asylum in Moscow. In his recent book How America Lost Its Secrets: Edward Snowden, the Man and the Theft, Epstein argues that Snowden was effectively acting as a Russian spy, though he believes

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38:40

Norm Eisen on the Emoluments Clause

The Lawfare Podcast ·

2017/02/11

Donald Trump's election as president brought a surge of interest in the previously obscure Emoluments Clause, which prohibits any “Person holding any Office of Profit or Trust under [the United States]” from accepting “any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.” Norm Eisen and Richard Painter, ethics experts for Presidents Barack Obama and George W. Bush, have been leading the charge to hold Trump accountable under the Emoluments Clause

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38:27

Goldsmith v. Lederman on Yates

The Lawfare Podcast ·

2017/02/01

On Monday, Acting Attorney General Sally Yates ordered the Justice Department not to defend President Trump's executive order banning refugees and immigrants from seven majority-Muslim countries, only to be quickly fired by Trump. Jack Goldsmith and Marty Lederman, who have both served in senior positions in the Office of Legal Counsel, penned responses—Jack criticizing Yates's actions and Marty defending them. We got them on the line for a special edition of the Lawfare Podcast. Support this show

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37:04

About That Border Wall

The Lawfare Podcast ·

2017/01/28

President Trump kicked off the first foreign policy crisis of his new administration by signing an executive order mandating the construction of the much-promised border wall with Mexico, resulting in as-yet-unresolved confusion as to how the wall will be paid for and an ongoing diplomatic scuffle with Mexican President Enrique Peña Nieto. Benjamin Wittes spoke with Stephanie Leutert, the Mexico Security Initiative Fellow at the University of Texas at Austin and writer of Lawfare's "Beyond the

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1:15:10

What the Privacy Debate Gets Wrong

The Lawfare Podcast ·

2017/01/20

On January 13th, Benjamin Wittes and Emma Kohse released a new paper challenging the assumption that "privacy is an eroding value," worn away by the incessant collection of online data about consumer habits. Their paper, "The Privacy Paradox II: Measuring the Privacy Benefits of Privacy Threats," uses empirical data from Google consumer surveys to study how many people actually experience the technologies often accused of eroding privacy as increasing their privacy instead. In an event at the

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50:35

Jameel Jaffer on "The Drone Memos"

The Lawfare Podcast ·

2017/01/14

Jameel Jaffer, author of The Drone Memos: Targeted Killing, Secrecy, and the Law, joins Jack Goldsmith at the Hoover Book Soiree. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

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46:17

Susan Hennessey and Matt Tait Go on a Political Witch...

The Lawfare Podcast ·

2017/01/06

In an interview with The New York Times before his intelligence briefing on Russian efforts to interfere in the U.S. election on Friday, President-elect Donald Trump called the intelligence community's assessment of Russian interference a "political witch hunt." In that spirit, we brought Lawfare managing editor Susan Hennessey and former GCHQ information security specialist Matt Tait on the podcast to discuss evidence of Russian attempts to influence the presidential election and Trump's baffling

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46:45

Deterring Russian Cyber Intrusions

The Lawfare Podcast ·

2016/12/23

Whatever the President-elect might say on the matter, the question of Russian interference in the presidential election is not going away: calls continue in the Senate for an investigation into the Kremlin's meddling, and the security firm CrowdStrike recently released new information linking one of the two entities responsible for the DNC hack with Russia's military intelligence agency. So how should the United States respond? In War on the Rocks, Evan Perkoski and Michael Poznansky recently

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1:04:37

Intelligence Under a Trump Administration

The Lawfare Podcast ·

2016/12/16

The annual Cato Surveillance Conference kicked off this week with a panel on "Intelligence Under a Trump Administration," featuring former Director of the National Counterterrorism Center Matthew Olsen and Lawfare's own Susan Hennessey, Timothy Edgar, and Carrie Cordero. In a discussion moderated by Shane Harris of The Wall Street Journal (and Rational Security), the group discussed how Trump's antagonistic approach to the intelligence community and his dismissive attitude toward intelligence

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38:53

The Lawfare Podcast: Christopher Moran on "Company...

The Lawfare Podcast ·

2016/12/09

The Lawfare Podcast has made it to our 200th episode! Thank you to all our listeners, old and new. This week at the Hoover Book Soiree, Jack Goldsmith interviewed Christopher Moran, a professor at the University of Warwick, on his book Company Confessions: Secrets, Memoirs, and the CIA. Moran's work is a history of CIA memoirs, but it's also a history of the Agency itself and its efforts to shape its image in the public eye. How does an organization whose work depends on keeping secrets justify its

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45:35

Al-Shabaab Under the AUMF

The Lawfare Podcast ·

2016/12/02

Earlier this week, the New York Times published a story by Charlie Savage, Eric Schmitt, and Mark Mazzetti informing us that the Obama administration had changed its interpretation of the 2001 Authorization for the Use of Military Force to more broadly cover the use of force against al-Shabaab, expanding its previous reading of the AUMF as only authorizing force against members of al-Shabaab individually linked to al-Qaeda. Bobby noted the story on Lawfare and provided a few comments. While the news

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50:57

Real Security: Governance and Stability in the Arab...

The Lawfare Podcast ·

2016/11/26

This week on the podcast, we’re bringing you some post-Thanksgiving food for thought on the uncertain state of the Arab world. On November 21, Madeleine Albright, Tamara Cofman Wittes, Stephen Hadley, and Amr Hamzawy sat down at the Brookings Institution to discuss a new report on “Real Security: Governance and Stability in the Arab World." What lead to the breakdown of governance across Arab countries? What can be done to establish more stable governance and increase security? And what role does

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47:24

Bill Banks on "Soldiers on the Homefront: The...

The Lawfare Podcast ·

2016/11/19

At this week's Hoover Book Soiree, Benjamin Wittes sat down with Bill Banks, Professor of Law at Syracuse University and the Founding Director of the Institute for National Security and Counterterrorism, to talk about Bill's book with Stephen Dycus, Soldiers on the Homefront: The Domestic Role of the American Military. The book examines how both law and culture has shaped and constrained the military's domestic activities, reviewing the legal history of the various different roles that soldiers have

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49:02

"The First Day of the Rest of Our Lives" Edition

The Lawfare Podcast ·

2016/11/12

This week, the Lawfare Podcast brings you a joint episode of the show together with Rational Security. The usual Rational Security gang—Shane, Ben, Tamara, and Susan—reflect on the results of the election and ask: What national security themes drove Donald Trump's supporters? What challenges does Trump face forming a government? And how will America’s allies react to his election?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

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39:21

David Priess on "The President's Book of Secrets"

The Lawfare Podcast ·

2016/11/04

Two weeks ago, Lawfare’s Jack Goldsmith sat down with David Priess at the Hoover Institution for a Hoover Book Soiree on Priess’s new book, The President’s Book of Secrets: The Untold Story of Intelligence Briefings to America’s Presidents from Kennedy to Obama. While the book is framed as a study of the history of the President’s Daily Brief, it’s also a history of the American intelligence community since WWII and a history of how presidents deal with intelligence organizations. Consider

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50:26

Bahlul, Bahlul, Bahlul, Bahlul

The Lawfare Podcast ·

2016/10/28

On Thursday, October 20th, the D.C. Circuit Court of Appeals ruled once again on the case of Ali Hamza al-Bahlul, a Guantanamo detainee convicted by a military commission for inchoate conspiracy to commit war crimes. In a divided and inconclusive en banc decision, the D.C. Circuit affirmed Bahlul’s conviction, overturning the court’s decision vacating the conviction last June, in which a three-judge panel held that Bahlul could not be convicted of the domestic law offense of conspiracy as a war

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49:18

Samuel Moyn on "How Warfare Became Both More Humane...

The Lawfare Podcast ·

2016/10/22

On October 19th, Samuel Moyn, Professor of Law and History at Harvard University, closed out a one-day conference on “The Next President's Fight Against Terror” at New America with a talk on “How Warfare Became Both More Humane and Harder to End.” He argues that we’ve moved toward a focus on ending war crimes and similar abuses rather than a focus on preventing war’s outbreak in the first place. And in his view, the human rights community shares culpability for this problem. It’s an issue that will

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