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The Lawfare Podcast

The Lawfare Institutewww.lawfareblog.com

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.lawfareblog.com.

Support this show http://supporter.acast.com/lawfare.

Hosted on Acast. See acast.com/privacy for more information.

Episodes

Lawfare Archive: TikTok, WeChat and Trump

From September 28, 2020: It's been a wild few weeks with President Trump threatening to shut WeChat and TikTok out of the U.S. market and rip them out of the app stores. There have been lawsuits, a preliminary injunction—and a sudden deal to purchase TikTok and moot the issue out. To chew it all over, Benjamin Wittes spoke with  Lawfare  co-founder Bobby Chesney, a professor at the University of Texas at Austin Law School, and Jordan Schneider, the voice behind the podcast ChinaTalk. T...

Apr 28, 202441 min

Lawfare Archive: Jim Sciutto on ‘The Shadow War’

From June 15, 2019: Russian and Chinese leaders understand that they’re unlikely to win a shooting war with the United States, but they have other ways to challenge Western interests, turning our greatest strengths—open societies, dominance of technology on Earth and in space, and military innovation—into weaknesses. CNN anchor and chief national security correspondent Jim Sciutto calls it “the shadow war,” and it’s the subject of his new book of the same name. David Priess sat down with Jim to ...

Apr 27, 202447 min

Trump Trials and Tribulations: N.Y. Trial Dispatch (Apr. 26, 2024)

It's Trump's Trials and Tribulations, New York Trial Dispatch, April 26. Benjamin Wittes sat down with Tyler McBrien and Anna Bower to discuss what happened in the courtroom today. The podcast was edited by Ian Enright of Goat Rodeo. Our theme song is from Alibi Music. Support this show http://supporter.acast.com/lawfare . Hosted on Acast. See acast.com/privacy for more information....

Apr 27, 202430 min

Lawfare Daily: Presidential Immunity at the Supreme Court

In today's Lawfare Podcast, Lawfare Executive Editor Natalie Orpett sat down with Lawfare Senior Editors Quinta Jurecic, Roger Parloff, and Alan Rosenstein. In a live conversation recorded less than an hour after Supreme Court Oral Arguments concluded, they discussed presidential immunity, and whether former president Trump is immune from prosecution for his alleged efforts to overturn the 2020 election. To receive ad-free podcasts, become a  Lawfare  Material Supporter at  www.pa...

Apr 26, 202453 min

Trump Trials and Tribulations: N.Y. Trial Dispatch (Apr. 25, 2024)

It's Trump's Trials and Tribulations, New York Trial Dispatch, April 25. Benjamin Wittes sat down with Tyler McBrien and Anna Bower to discuss what happened in the courtroom today. The podcast was edited by Ian Enright of Goat Rodeo. Our theme song is from Alibi Music. Support this show http://supporter.acast.com/lawfare . Hosted on Acast. See acast.com/privacy for more information....

Apr 26, 202431 min

Rational Security: The “Don’t Call It a Comeback (Because I’m Technically Still on Leave)” Edition

This week, Alan, Quinta, and Scott were finally reunited to talk through the week’s big natsec stories, including: “First is the Worst.” The historic first criminal trial of a former president has commenced in New York state courts. Both sides have sketched out their cases in opening arguments. What will the charges being brought against former President Trump relating to alleged hush money payments on his behalf mean for him and his 2024 presidential campaign? “Fair Whither Friend.” After month...

Apr 25, 20241 hr 9 min

Lawfare Daily: Trump Trials and Tribulations Weekly Round-up (Apr. 24, 2024)

In today's Trump's Trials and Tribulations, Benjamin Wittes sat down with Tyler McBrien, Anna Bower, Quinta Jurecic and Roger Parloff for a round-up of the most recent news in all of Donald Trump's ongoing legal cases. To receive ad-free podcasts, become a  Lawfare  Material Supporter at  www.patreon.com/lawfare . You can also support  Lawfare  by making a one-time donation   at  https://givebutter.com/c/trumptrials . The podcast was edited by Cara Shillenn of ...

Apr 25, 20241 hr 34 min

Lawfare Daily: CYBERCOM Legal Conference: The Role of the Private Sector in Conflict

The annual U.S. Cyber Command (USCYBERCOM) Legal Conference convenes lawyers across government and the private sector working on cyber issues. This year’s conference focused on the power of partnerships. Executive Editor Natalie Orpett moderated a panel, titled “The Business of Battle: Navigating the Role of the Private Sector in Conflict,” featuring Jonathan Horowitz of the International Committee for the Red Cross, Laurie Blank of the Defense Department’s Office of the General Counsel, and Ada...

Apr 24, 202457 min

Trump Trials and Tribulations: N.Y. Trial Dispatch (Apr. 23, 2024)

It's Trump's Trials and Tribulations, New York Trial Dispatch, April 23. Benjamin Wittes sat down with Tyler McBrien and Anna Bower to discuss what happened in the courtroom today. The podcast was edited by Ian Enright of Goat Rodeo. Our theme song is from Alibi Music. Support this show http://supporter.acast.com/lawfare . Hosted on Acast. See acast.com/privacy for more information....

Apr 23, 202429 min

Chatter: New Cold Wars with Journalist David Sanger

David Sanger has been writing for the New York Times   since he graduated from college more than four decades ago. Over that period, Sanger has served as a business correspondent in Silicon Valley, the Times bureau chief in Japan, and has covered the last five presidents—which has given Sanger a front-row seat to U.S. foreign policy for much of the post-Cold War period. It is that experience that informs Sanger’s newest book, “ New Cold Wars ,” in which Sanger argues—relying on a voluminous...

Apr 23, 20241 hr 7 min

Lawfare Daily: Ambassador Robert Lighthizer on Trade Policy

Ambassador Robert Lighthizer is the former United States Trade Representative in the Trump administration and the author of the 2023 book, “No Trade Is Free: Changing Course, Taking on China, and Helping America's Workers.” He sat down with Jack Goldsmith to talk about his work as Deputy U.S. Trade Representative under President Reagan, why extreme neoliberal trade policy took hold in the 1990s, his core philosophy on trade and how it departed from the 1990s neoliberal consensus, and the main wa...

Apr 23, 202453 min

Trump Trials and Tribulations: N.Y. Trial Dispatch (Apr. 22, 2024)

It's Trump's Trials and Tribulations, New York Trial Dispatch, April 22. Tyler McBrien sat down with Benjamin Wittes and Anna Bower to discuss what happened in the courtroom today. The podcast was edited by Ian Enright of Goat Rodeo. Our theme song is from Alibi Music. Support this show http://supporter.acast.com/lawfare . Hosted on Acast. See acast.com/privacy for more information....

Apr 22, 202431 min

Lawfare Daily: The Case for a U.S. Cyber Force

Lawfare ’s Fellow in Technology Policy and Law, Eugenia Lostri, talks to Dr. Erica Lonergan, Assistant Professor in the School of International and Public Affairs at Columbia University. Dr. Lonergan recently  authored a report  making the case for establishing a U.S. Cyber Force as a way to address the military’s difficulty to recruit, train, and equip sufficient personnel to meet growing cyber challenges. They talked about the types of problems the cyber mission faces, different...

Apr 22, 202448 min

An Announcement from Lawfare

Starting Monday, April 22, the  Lawfare Podcast  feed is gonna look a little different. Our daily show, the Lawfare Podcast,  will remain on this feed, along with  Rational Security  and  Chatter . We’ll also be adding some important new content as well. Starting with opening statements in the New York state court trial against Donald Trump, we will discuss the events of the day’s proceedings on a short livestream dispatch on  our YouTube channel . Th...

Apr 21, 20245 min

Rational Security: The “Trump and Elon Both Love Lawfare” Edition

This week on Rational Security , Alan and Quinta sat down with Lawfare Editor-in-Chief Benjamin Wittes to talk through the week’s big national security news, including: “Ayatollahs and Airstrikes.” In retaliation for an Israeli strike that killed several high-ranking Iranian military officers in Syria, over the weekend Iran launched a wave of drone and missile attacks against Israel. The vast majority of these were shot down by Israel and its allies, including notably Jordan, causing minimal inj...

Apr 21, 20241 hr 14 min

Trump’s Trials and Tribulations: 13 Jurors Down, Five to Go

It's another episode of “Trump's Trials and Tribulations,” recorded on April 18 in front of a live audience on YouTube and Riverside. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor Roger Parloff to talk about oral arguments at the Supreme Court in Fischer v. United States , over an obstruction charge used to charge hundreds of Jan. 6 defendants, including former President Trump. They checked in on Judge Cannon and last week's hearing on motions from Trump's...

Apr 20, 20241 hr 26 min

Lawfare Archive: Orin Kerr on Carpenter

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, 202438 min

Sara Moller on NATO at 75

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, 202459 min

Chatter: Fabric, Dyes, Glamour, and International Affairs, with Virginia Postrel

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, 20241 hr 31 min

Sudan’s Forgotten Conflict with Reva Dhingra and Ciarán Donnelly

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, 202437 min

Matt Olsen Debriefs on FISA 702

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, 202446 min

FISA 702 Passes the House

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, 202454 min

Everything You Need to Know Heading Into the Trump Trial in New York

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, 20241 hr 2 min

Rational Security: The "Eldritch Portents" Edition

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, 20241 hr 3 min

Trump’s Trials and Tribulations: Jury Selection Starts Monday

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, 20241 hr 23 min

Lawfare Archive: Daniel Reisner on Law, Security, and Peace in the Middle East

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, 20241 hr 14 min

Jack Goldsmith and Bob Bauer on Reforming the Insurrection Act

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, 202458 min

Chatter: The Pentagon’s Alliance with the Country Music Industry with Joseph Thompson

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, 20241 hr 20 min

Conditioning Arms to Israel with Sarah Harrison

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, 202453 min

Information Ecology and 19th-Century Naturalism at Verify 2024

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, 202444 min
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