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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

44:06

Devin DeBacker and Lee Licata on the Biden...

The Lawfare Podcast ·

2024/03/13

On February 28, the Biden administration issued an Executive Order (EO) entitled “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern.” Lawfare Senior Editor Stephanie Pell sat down with Devin DeBacker and Lee Licata, the Chief and one of the Deputy Chiefs of the Foreign Investment Review Section in the National Security Division at the Department of Justice, to talk about this new EO and the ways in which it attempts to

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57:24

How Should Governments Use Deepfakes?

The Lawfare Podcast ·

2024/03/12

Progress in deepfake technology and artificial intelligence can make manipulated media hard to identify, making deepfakes an appealing tool for governments seeking to advance their national security objectives. But in a low-trust information environment, balancing the risks and rewards of a government-run deepfake campaign is trickier than it may seem.To talk through how democracies should think about using deepfakes, Lawfare's Fellow in Technology Policy and Law, Eugenia Lostri, was joined by

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49:09

Unpacking the Supreme Court’s Fourteenth Amendment...

The Lawfare Podcast ·

2024/03/11

On March 4, the Supreme Court ruled in Trump v. Anderson, holding that states cannot disqualify Donald Trump from appearing on the presidential ballot under Section 3 of the Fourteenth Amendment. Section 3 bars former officeholders who have since engaged in insurrection from taking future public office—and in recent months, a slew of lawsuits from voters and advocacy groups have pointed to the provision in seeking to strike Trump from the ballot in various states for his conduct on Jan. 6. The

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1:16:21

Rational Security: The “Alan and the Owl” Edition

The Lawfare Podcast ·

2024/03/10

This week on Rational Security,LawfareManaging Editor Tyler McBrien joined Alan, Quinta, and Scott to discuss the week's big national security news, including:“Operation Humbled Drop.” After months of unsuccessfully pushing the Israeli government to allow more aid into besieged Gaza, the Biden administration has taken matters into its own hands and begun airlifting it in itself. But are its efforts just for show, or a sign that it is abandoning its “bear hug” approach to Israeli Prime Minister Bibi

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1:24:24

Trump’s Trials and Tribulations: Pending Motions...

The Lawfare Podcast ·

2024/03/09

It's anotherepisodeof “Trump's Trials and Tribulations,” recorded on March 7 in front of a live audience on YouTube and Riverside. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor Roger Parloff and Lawfare Legal Fellow and Courts Correspondent Anna Bower to talk about recent filings in the Southern District of Florida and what Judge Cannon needs to rule on. They also discussed motions filed in Fulton County, the Supreme Court's ruling overturning the Colorado Supreme

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1:00:50

Lawfare Archive: Judge John Bates on FISA in the News

The Lawfare Podcast ·

2024/03/09

From September 28, 2019: At the Texas Tribune Festival in Austin, Texas, Benjamin Wittes sat down in front of a live audience with Judge John Bates, a senior district judge on the U.S. District Court for the District of Columbia. Bates has served on the court since 2001, and from 2009 to 2013, he served as the presiding judge of the Foreign Intelligence Surveillance (FISA) Court. Wittes and Judge Bates talked about the role of the FISA Court, its procedures and caseload, its recent prominence in the

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38:26

The Hidden Alliance Between Tech and Government

The Lawfare Podcast ·

2024/03/08

The practice of surveillance capitalism—the widespread private collection and commodification of personal data—is well understood. Less well understood is the extent to which the U.S. government purchases this data in the commercial marketplace to use it for intelligence and law enforcement purposes.Byron Tau, when he was a reporter with The Wall Street Journal, did more than anyone to bring this practice to public light. Jack Goldsmith sat down recently with Tau to discuss his new book on the

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1:27:22

Chatter: Spy Disguises in Fact and Fiction with Jonna...

The Lawfare Podcast ·

2024/03/07

Jonna Mendez advanced in her Central Intelligence Agency career to become Chief of Disguise despite the many institutional challenges to women's promotions. And now she has written a memoir, In True Face, about it all.David Priess spoke with Jonna about career options for women at CIA in the early Cold War, her own start there in the 1960s, how photography classes set her on a path that ultimately led to service as Chief of Disguise, her interactions over the decades with Tony Mendez, the

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45:07

Bryan Choi on NIST's Software Un-Standards

The Lawfare Podcast ·

2024/03/07

Everyone agrees that the United States has a serious cybersecurity problem. But how to fix it—that's another question entirely. Over the past decade, a consensus has emerged across multiple administrations that NIST—the National Institute of Standards and Technology—is the right body to set cybersecurity standards for both the government and private industry. Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare, spoke with Bryan Choi, who argues

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50:37

Lidsky and Koningisor on First Amendment Disequilibrium

The Lawfare Podcast ·

2024/03/06

Executive branch constraints and the posture of the media have shifted in significant ways over the past two decades. Lyrissa Lidsky and Christina Koningisor, law professors at the University of Florida and the University of California San Francisco, respectively, argue ina forthcoming law review articlethat these changes—including the erosion of certain post-Watergate reforms and the decline of local news—have created a First Amendment disequilibrium. They contend that the twin assumptions of the

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37:17

The i-Soon Leaks with Winnona DeSombre Bernsen

The Lawfare Podcast ·

2024/03/05

In mid-February, Chinese cybersecurity firm i-Soon appeared to suffer a massive data leak, which offered unprecedented insight into the operations of the company, known to contract for many Chinese government agencies. The more than 500 documents include conversations between employees, sales pitches, and internal documents, and expose the firm’s hacking methods, tools, and victims. They also show in what ways the offensive cyber industries in China and the U.S. are surprisingly similar.Eugenia

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57:12

How to Steal a Presidential Election

The Lawfare Podcast ·

2024/03/04

As the 2024 presidential election approaches, a vital question is whether the legal architecture governing the election is well crafted to prevent corruption and abuse. In their new book, “How to Steal a Presidential Election,” Lawrence Lessig and Matthew Seligman argue that despite the Electoral Count Reform Act of 2022,serious abuse of the presidential election rules remains a live possibility. Jack Goldsmith sat down with Lessig to learn why. They discussed the continuing possibility of vice

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1:15:20

Rational Security: The “Sir, This is a Wendy’s” Edition

The Lawfare Podcast ·

2024/03/03

This week on Rational Security, Quinta and Scott were joined by Molly Reynolds and (a prerecorded) Anna Bower to talk through some of the week’s big national security news, including:“TheShutdown Rut.” Congress once again has the government on the verge of a shutdown. And while Speaker of the House Mike Johnson has reportedly committed to avoiding one, demands from within his caucus may make that hard—just as they continue to obstruct a path forward for the national security supplemental that

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1:24:26

Trump’s Trials and Tribulations: The Supreme Court...

The Lawfare Podcast ·

2024/03/02

It's anotherepisodeof “Trump's Trials and Tribulations,” recorded on February 29 in front of a live audience on YouTube and Riverside. Lawfare Senior Editor Scott R. Anderson sat down with Lawfare Senior Editors Quinta Jurecic and Roger Parloff, Lawfare Courts Correspondent and Legal Fellow Anna Bower, and Lawfare Editor-in-Chief Benjamin Wittes to talk about the Supreme Court's decision to hear Trump's presidential immunity claim and how much the D.C. trial may be delayed. They also discussed this

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47:34

Lawfare Archive: The SpaceX Launch and the Future of...

The Lawfare Podcast ·

2024/03/02

From May 26, 2020: On Wednesday, NASA and the SpaceX Corporation are scheduled to send astronauts back into outer space from U.S. soil for the first time since the U.S. space shuttle program ended in 2011. The launch promises to kick off a new era in space exploration, one that will see the increased use of outer space for both public and private purposes, as well as greater involvement by private corporations and other unconventional actors in space exploration. To discuss the legal and policy

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41:20

Governing the Use of Autonomous Weapons and AI in...

The Lawfare Podcast ·

2024/03/01

Following Hamas’s attacks on Oct. 7, the Israeli military retaliated with a relentless and devastating air war. By mid-December, Israeli forces had struck more than 22,000 targets in Gaza, and the Israeli militarysaid it had used artificial intelligenceto select many of them. The targeting system, called “The Gospel” by the IDF, was not the first time a military used AI on the battlefield, but the high number of civilian casualties raised red flags for many.Lawfare Managing Editor Tyler McBrien sat

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1:10:52

Chatter: The Moon, Tides, and National Security with...

The Lawfare Podcast ·

2024/02/29

We all know how superpower competition spurred one giant leap for mankind on the lunar surface in July 1969. But the story of how the Moon and its tides affect national security is deeper and wider than most of us realize.David Priess explored this intersection with science journalist Rebecca Boyle, author of the new book Our Moon, about her path to writing about astronomy, Anaxagoras, Julius Caesar, lunar versus solar calendars, the Battle of Tarawa in 1943, the genesis of NOAA, tides and flooding,

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1:01:24

Sanctions Past, Present, and Future with OFAC...

The Lawfare Podcast ·

2024/02/29

Over the past several decades, financial sanctions have become one of the most widely used tools in the U.S. foreign policy arsenal. And since Russia’s invasion of Ukraine two years ago, the Biden administration has wielded them in a number of innovative ways. At the same time, some of these uses have also triggered concerns about U.S. overreach, something that could have consequences for both U.S. national security and the health of the U.S. economy.To better understand how the U.S. government is

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41:06

Justin Sherman on Senator Wyden’s Investigation of...

The Lawfare Podcast ·

2024/02/28

On Feb. 13, Senator Ron Wyden released aletterdocumenting an investigation his office has been conducting into the activities of Near Intelligence Inc., a data broker that allegedly enabled an anti-abortion organization to target anti-abortion messaging and ads to people visiting 600 Planned Parenthood clinics across the United States. Lawfare Senior Editor Stephanie Pell sat down with Justin Sherman, CEO of Global Cyber Strategies and a Senior Fellow at Duke University’s Sanford School of Public

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59:54

The Justices Figure Out that Internet Law Is Hard

The Lawfare Podcast ·

2024/02/27

The Supreme Court heard hours and hours of oral arguments today brought by a trade association called NetChoice against laws restricting content moderation in Florida and Texas. It's the big First Amendment case of the year, and we sat through the whole oral argument.Lawfare Editor-in-Chief Benjamin Wittes spoke with Lawfare Senior Editors Quinta Jurecic and Alan Rozenshtein, and Kyle Langvardt of the University of Nebraska at Lincoln. They talked about where the justices seem to be leaning on this

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