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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

1:14:23

Lawfare Archive: Daniel Reisner on Law, Security, and...

The Lawfare Podcast ·

2024/04/13

From January 17, 2015: This week, Ben Wittes and Matt Waxman sat down withDaniel Reisner,former head of the International Law Branch of the Israeli Defense Forces and current partner with Herzog, Fox and Neeman.Reisner has also served as a senior member of Israel’s peace delegations over the years, participating in negotiation sessions and summits including those at Camp David. He continues to advise senior members of the Israeli government on a variety of issues relating to international law and

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57:32

Jack Goldsmith and Bob Bauer on Reforming the...

The Lawfare Podcast ·

2024/04/12

The Insurrection Act is a provision that allows the president to deploy the U.S. military for domestic law enforcement. It’s been invoked dozens of times by presidents to respond to crises in the over 230 years that it’s been around, but it hasn’t been reformed in centuries. In recent years, the Insurrection Act has come back into public focus because of its implication in a number of domestic crises, prompting a renewed conversation about whether it’s finally time to curb the sweeping powers

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1:19:41

Chatter: The Pentagon’s Alliance with the Country...

The Lawfare Podcast ·

2024/04/11

For decades, country music has had a close and special relationship to the U.S. military. In his new book,Cold War Country, historianJosephThompson shows how the leaders of Nashville’s Music Row found ways to sell their listeners on military service, at the same time they sold country music to people in uniform.Shane Harris spoke with Thompson about how, as he puts it, Nashville and the Pentagon “created the sound of American patriotism.” Thompson’s story spans decades and is filled with famous

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53:26

Conditioning Arms to Israel with Sarah Harrison

The Lawfare Podcast ·

2024/04/11

Last week, 40 Democratic members of the House of Representativeswrote a letterto President Biden expressing concern and outrage over an Israeli airstrike that killed seven aid workers from the World Central Kitchen. The lawmakers urged the president to reconsider his recent authorization of an arms transfer package to Israel and withhold any future offensive arms transfers if the strike was found to have violated U.S. or international law. They also urged Biden to withhold arms transfers if the

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44:19

Information Ecology and 19th-Century Naturalism at...

The Lawfare Podcast ·

2024/04/10

Hosted by the William and Flora Hewlett Foundation Cyber Initiative and Aspen Digital, Verify 2024 brings together journalists and cyber and tech policy experts to discuss critical issues in cybersecurity. Forthis live recording of theLawfare Podcast, Lawfare Editor-in-Chief Benjamin Wittes sat down at Verify 2024 to talk about information ecology and 19th-century naturalism with Alicia Wanless, the Director of the Partnership for Countering Influence Operations at the Carnegie Endowment for

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41:27

Juliette Kayyem on the Baltimore Bridge Collapse and...

The Lawfare Podcast ·

2024/04/09

In the early morning on March 26, a Singapore-flagged cargo ship crashed into Baltimore’s Francis Scott Key Bridge. The bridge collapsed, resulting in the death of six of the eight individuals conducting maintenance on the bridge. The incident has disrupted commuter traffic and the transport of hazardous materials, and it has halted shipping traffic at the Port of Baltimore, among other effects.Lawfare Research Fellow Matt Gluck discussed the bridge’s collapse, how authorities responded to it, and

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1:03:12

Jim Dempsey and John Carlin on U.S. Cybersecurity Law...

The Lawfare Podcast ·

2024/04/08

There is a lot to keep up with in U.S. cybersecurity law and policy these days. To talk about the current regulatory landscape and the progression of the DOJ’s strategy relating to takedown and disruption efforts, Lawfare Senior Editor Stephanie Pell sat down with Jim Dempsey, Senior Policy Advisor at the Stanford Program on Geopolitics, Technology, and Governance, and John Carlin, Partner at Paul Weiss. They talked about the SEC’s cyber disclosure rule, the new executive order focused on preventing

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1:05:08

Rational Security: The “Going Once, Going Twice” Edition

The Lawfare Podcast ·

2024/04/07

This week on Rational Security, Alan and Quinta were joined by Lawfare Executive Editor Natalie Orpett to talk through the week's big national security news, including:“A Gag Order Prevents Me From Telling You What This Segment Is Called.” After former President Donald Trump attacked the daughter of Justice Juan Merchan, who is overseeing his New York hush-money trial, Justice Merchan expanded the gag order he had previously imposed to prohibit Trump from attacking his family. This is only the

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1:32:04

Trump's Trials and Tribulations: Trump Gagged Once Again

The Lawfare Podcast ·

2024/04/06

It's anotherepisodeof “Trump's Trials and Tribulations,” recorded on April 4 in front of a live audience on YouTube and Riverside. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Legal Fellow Anna Bower and Lawfare Senior Editors Roger Parloff and Quinta Jurecic to talk about Judge Cannon's order denying both Trump's motion to dismiss the classified documents case based on the Presidential Records Act and Jack Smith's request for a ruling on jury instructions prior to trial. They also

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50:50

Lawfare Archive: An Assassination in Iran

The Lawfare Podcast ·

2024/04/06

From December 2, 2020: The top Iranian nuclear scientist has been killed, apparently in an Israeli strike. Mohsen Fakhrizadeh, who has long been the mastermind of the Iranian nuclear program, was gunned down in an attack with a remote control machine gun. Iranian reprisals are expected, although their timing and nature is not clear. It also puts the incoming Biden administration, which is looking to bring back the Iran nuclear deal, in a bit of a pickle.To chew it all over, Benjamin Wittes sat down

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37:47

How Congressional Staffers Helped Our Afghan Allies

The Lawfare Podcast ·

2024/04/05

A new report from the POPVOX Foundation focuses on a little-known and hugely under-appreciated congressional effort: that of congressional staffers helping Afghan allies flee the country during the U.S. withdrawal from AfghanistanLawfare Executive Editor Natalie Orpett sat down with the report’s author, Anne Meeker. They talked about what staffers did to help, the challenges they faced, and how the experience exposed both weaknesses and strengths in how Congress functions.To receive ad-free

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1:22:33

Chatter: Why Foreign Policy Elites Matter with...

The Lawfare Podcast ·

2024/04/04

The "deep state." The "blob." Foreign policy elites are often so labeled, misunderstood, and denigrated. But what influence on presidents and on public opinion do they actually have?ElizabethSaunders, professor of political science at Columbia, has researched this topic deeply and written about it in her new book,The Insiders' Game. David Priess spoke with her about her path to studying foreign policy, the ups and downs of archival research, the meaning of foreign policy "elites," the differences

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36:25

Paul Beckett on the Evan Gershkovich Case

The Lawfare Podcast ·

2024/04/04

Paul Beckett was the Washington Bureau Chief of the Wall Street Journal. But since the arrest of the newspaper's Russia correspondent, Evan Gershkovich, last year in Russia on bogus spying charges, he has been working full time on advocating for the reporter's release.In connection with the one-year anniversary of Gershkovich's arrest, he joined Lawfare Editor-in-Chief Benjamin Wittes to discuss the case. What do we know about the charges against the young reporter? What is the U.S. government doing

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56:39

Contestability in Government AI Systems

The Lawfare Podcast ·

2024/04/03

The use of AI to make decisions about individuals raises the issue of contestability. When automated systems are used by governments to decide whether to grant or deny benefits, or calculate medical needs, the affected person has a right to know why that decision was made, and challenge it. But what does meaningful contestability of AI systems look like in practice?To discuss this question, Lawfare's Fellow in Technology Policy and Law Eugenia Lostri was joined by Jim Dempsey, Senior Policy Advisor

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49:46

Data Privacy and Consumer Protection with the FTC’s...

The Lawfare Podcast ·

2024/04/02

The Federal Trade Commission’s data, privacy, and AI cases have been all over the news recently, from its proposed settlement with Avast Antivirus to its lawsuit against data broker Kochava.Lawfare Contributor Justin Sherman sat down with Ben Wiseman, the Associate Director of the Division of Privacy and Identity Protection at the FTC, who oversees a team of attorneys and technologists working on technology and consumer protection. They discussed the FTC’s recent focus on health, location, and kids’

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54:47

Asylum-Seekers and the EU Migration Pact

The Lawfare Podcast ·

2024/04/01

In early February, the European Union approved a major overhaul of its immigration laws. If approved by EU member states, the pact will drastically curtail the rights of migrants and asylum seekers entering the European Union. It’s part of a trend we’re seeing all over the world, including here in the U.S.Lawfare Executive Editor Natalie Orpett sat down with Steve Meili, Professor of International Human Rights Law at University of Minnesota Law School. They discussed the EU Pact’s new provisions,

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1:09:54

Rational Security: The “A Terrorism Briefing From a...

The Lawfare Podcast ·

2024/03/31

This week on Rational Security, Alan and Quinta were joined again by Lawfare Managing Editor Tyler McBrien and Lawfare Foreign Policy Editor Daniel Byman—also of Georgetown University and the Center for Strategic and International Studies— to talk over the week’s national security news, including:“Terror in Moscow.” On Friday, March 22, a group of gunmen unleashed an attack on a concert hall outside Moscow that killed over 130 people, shooting into a crowd of concertgoers before setting the hall on

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1:29:05

Trump’s Trials and Tribulations: Two Weeks Until a Trial

The Lawfare Podcast ·

2024/03/30

It's anotherepisodeof “Trump's Trials and Tribulations,” recorded on March 28 in front of a live audience on YouTube and Riverside. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Legal Fellow Anna Bower, Managing Editor Tyler McBrien, Associate Editor Katherine Pompilio, and Senior Fellows Roger Parloff and Quinta Jurecic to talk about the Monday hearing in New York where Judge Merchan ordered a new trial start date of April 15, the Thursday motions hearing in Fulton County, and why

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41:46

Lawfare Archive: Vladimir Kara-Murza on Russia's...

The Lawfare Podcast ·

2024/03/30

From April 7, 2018: Vladimir Kara-Murza is the vice chairman of Open Russia, the founder of the Boris Nemtsov Foundation and a contributing opinion writer for the Washington Post. On Wednesday, Kara-Murza spoke to Alina Polyakova about last month's presidential elections in Russia, the poisoning of Sergei Skirpal, and the future of Russia under and after Putin.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

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50:43

Shannon Togawa Mercer on Negotiating with the Bad Guys

The Lawfare Podcast ·

2024/03/29

Shannon Togawa Mercer served as Lawfare's Managing Editor and then went on to quite a career shift. She now negotiates with ransomware bad actors. She is a cybersecurity and privacy lawyer at WilmerHale and has developed a specialized practice in responding to cybersecurity incidents, many of them involving foreign malware gangs. She joined Lawfare Editor-in-Chief Benjamin Wittes to talk about this odd area of legal practice. Why do you need a big law firm when your computer files are suddenly

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