From November 29, 2017: The Supreme Court heard oral arguments Wednesday in Carpenter v. United States , a major Fourth Amendment case asking whether a warrant is necessary before law enforcement can obtain cell site data identifying a suspect phone's location from a service provider. Lawfare contributor and Fourth Amendment expert Orin Kerr discussed the case with Benjamin Wittes at Brookings shortly after the argument. Support this show http://supporter.acast.com/lawfare . Ho...
Apr 20, 2024•38 min
NATO recently had its 75th birthday. And many say its trajectory traces the adage, “the more things change, the more they stay the same.” That is, at least in some ways, NATO has returned to its original mission of collective self-defense. This means the alliance is concentrating less on out-of-area operations that have occupied much of its focus since the end of the Cold War. The transition comes at a time when many are questioning the U.S.’s long-term commitment to its NATO allies, especially ...
Apr 19, 2024•59 min
Author and speaker Virginia Postrel has spent many years researching and writing about, among other things, various aspects of the economics and societal context of fashion, glamour, and consumer choice. A few years ago her book The Fabric of Civilization tackled the history and global effects of fabric-making, dyeing, the clothing trade, and other textile-related activities. So when host David Priess had his curiosity piqued by some displays at the International Spy Museum related t...
Apr 18, 2024•1 hr 31 min
One year ago, fighting broke out in Sudan between the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF). In the intervening months, the death toll and humanitarian cost have been immense. And yet, the suffering has gone largely overlooked by the United States and European nations. As U.S. Ambassador to the UN Linda Thomas-Greenfield recently said, “Just five years after a revolution that offered a glimpse at a free, peaceful, democratic Sudan, people are losing hope. Aid worke...
Apr 18, 2024•37 min
Last week, the House passed an overhaul and reauthorization of the FISA 702 program, a bill which now heads to the Senate for final passage. In the run-up to Senate consideration of it, Assistant Attorney General for National Security Matt Olsen joined Lawfare Editor-in-Chief Benjamin Wittes to talk about the House bill. They talked about the new constraints it imposes on the Justice Department and the FBI, what it doesn't do, the warrant requirement that isn't there, some other provisions that ...
Apr 17, 2024•46 min
Friday morning, the House of Representatives suddenly—after failing to do so earlier in the week—took up the reauthorization of FISA 702. They considered a bunch of amendments, one of which failed on a tie vote, and then proceeded to pass reauthorization of 702. Immediately after the votes, Lawfare Editor-in-Chief Benjamin Wittes spoke with Lawfare Senior Editors Stephanie Pell and Molly Reynolds, and Lawfare Student Contributor Preston Marquis. They talked about how the center beat the co...
Apr 16, 2024•54 min
Today marks the start of the first criminal trial of former President Donald Trump in New York City. Trump is facing 34 felony counts for his alleged falsification of business records related to hush money payments to Stormy Daniels and others after the 2016 election. After months of pretrial hearings, motions to dismiss and for an adjournment, motions for recusal, and more, jury selection in the case begins today. In light of today’s events, Lawfare Associate Editor Katherine Pompilio sat down ...
Apr 15, 2024•1 hr 2 min
This week on Rational Security , Alan and Quinta were joined again by Brookings Senior Fellow and Lawfare Senior Editor Molly Reynolds to talk over the week’s national security news, including: “The 702nd Time’s the Charm?” Section 702 of the Foreign Intelligence Surveillance Act was originally set to expire on December 31, 2023. But somehow, Congress has managed to keep kicking the can down the road—and we’re once again in the middle of an argument about whether and to what extent the legislatu...
Apr 14, 2024•1 hr 3 min
It's another episode of “Trump's Trials and Tribulations,” recorded on April 11 in front of a live audience on YouTube and Riverside. Lawfare Senior Editor Quinta Jurecic sat down with Legal Fellow Anna Bower and Senior Editor Roger Parloff to talk about the upcoming jury selection in the hush money case against Trump in New York City and what Judge Cannon is up to in Florida, including her ruling on whether to unseal witness names. They also checked in on Fulton County to see what Fan...
Apr 13, 2024•1 hr 23 min
From January 17, 2015: This week, Ben Wittes and Matt Waxman sat down with Daniel 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 in...
Apr 13, 2024•1 hr 14 min
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 af...
Apr 12, 2024•58 min
For decades, country music has had a close and special relationship to the U.S. military. In his new book, Cold War Country , historian Joseph Thompson 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 i...
Apr 11, 2024•1 hr 20 min
Last week, 40 Democratic members of the House of Representatives wrote a letter to 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 tra...
Apr 11, 2024•53 min
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. For this live recording of the Lawfare 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 End...
Apr 10, 2024•44 min
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, ...
Apr 09, 2024•41 min
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 preven...
Apr 08, 2024•1 hr 3 min
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...
Apr 07, 2024•1 hr 5 min
It's another episode of “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 t...
Apr 06, 2024•1 hr 32 min
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 ...
Apr 06, 2024•51 min
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 Afghanistan Lawfare 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 ...
Apr 05, 2024•38 min
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? Elizabeth Saunders, 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,"...
Apr 04, 2024•1 hr 23 min
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. govern...
Apr 04, 2024•36 min
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 Ad...
Apr 03, 2024•57 min
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 ...
Apr 02, 2024•50 min
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 n...
Apr 01, 2024•55 min
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 ha...
Mar 31, 2024•1 hr 10 min
It's another episode of “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 C...
Mar 30, 2024•1 hr 29 min
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....
Mar 30, 2024•42 min
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 su...
Mar 29, 2024•51 min
Without warning, North Korea launches a nuclear-armed intercontinental ballistic missile at the United States. American satellites detect the launch within seconds, setting off a frantic, harrowing sequence of events that threatens to engulf the planet in a nuclear holocaust. That’s the terrifying hypothetical storyline that journalist Annie Jacobsen imagines in her new book. It’s a minute-by-minute, and occasionally second-by-second account of how the vast U.S. national security...
Mar 28, 2024•1 hr 14 min
