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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: David Frum on Threats to Democracy in the Trump Era

From February 10, 2018: In his recent New York Times bestseller “Trumpocracy: The Corruption of the American Republic,” David Frum, senior editor of The Atlantic, lays out a compelling account of how President Donald Trump’s tendencies could push the United States toward the illiberalism that many Americans believe the republican system of government to be immune to. In an event on Feb. 7 at the Brookings Institution, Frum sat down with Jonathan Rauch, Elaine Kamarck, and  Lawfare ’s Benjam...

Nov 11, 20241 hr 30 min

Lawfare Archive: "The First Day of the Rest of Our Lives" Edition

From November 12, 2016: 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? To receive ad-free podcasts, become a  Lawfare&nbsp...

Nov 10, 202450 min

Lawfare Daily: Congress After the 2024 Elections

Lawfare  Editor-in-Chief Benjamin Wittes sat down with  Lawfare  Senior Editors Molly Reynolds and Quinta Jurecic to discuss how Congress may change given the results of the 2024 election, what congressional oversight might look like during President-elect Donald Trump’s second term, how Congress will work with Trump’s administration, and more in a  live recording on  Lawfare ’s YouTube channel . To receive ad-free podcasts, become a  Lawfare  Material Supporte...

Nov 09, 20241 hr 10 min

Lawfare Daily: The New Program to Protect Americans' Bulk Data from Foreign Exploitation, with DOJ's Devin DeBacker

Today, Lawfare General Counsel and Senior Editor Scott R. Anderson and Lawfare Contributing Editor Brandon Van Grack sat down with Devin DeBacker, the Chief of the Foreign Investment Review Section at the U.S. Department of Justice, to talk about the new program his office is setting up regulating foreign transactions involving bulk data on Americans. Together, they discussed the contours of the new regulatory program, what sorts of exploitation of Americans’ data it aims to prevent, and how it ...

Nov 08, 202449 min

Lawfare Daily, Trump’s Trials and Tribulations: What Happens Now? (November 7, 2024)

This episode of “Lawfare Live: Trump’s Trials and Tribulations,” was recorded on November 7 in front of a live audience on  YouTube  and Zoom. Lawfare  Editor-in-Chief Benjamin Wittes spoke to  Lawfare  Senior Editors Scott R. Anderson, Anna Bower, and Roger Parloff about how Donald Trump winning the 2024 presidential election will impact the criminal cases against him, his ability to pardon himself and his co-defendants, and more. Support this show http://supporter.acas...

Nov 08, 20241 hr 17 min

Lawfare Daily: What Does a Second Trump Term Look Like?

On Tuesday, November 5, former President Trump won the 2024 presidential election, becoming the second president to win a non-consecutive second term.  Lawfare  Editor-in-Chief Benjamin Wittes sat down with  Lawfare  Senior Editors Alan Rozenshtein, Scott R. Anderson, Anna Bower, and Quinta Jurecic to discuss what happens now. They talk about what a second Trump administration may bring and what to keep an eye out for during the transition in a  live recording on  L...

Nov 07, 20241 hr 9 min

Lawfare Daily: The Dangers of Deploying the Military on U.S. Soil

For today’s special episode, Lawfare General Counsel and Senior Editor Scott R. Anderson held a series of conversations with contributors to a special series of articles on “ The Dangers of Deploying the Military on U.S. Soil ” that Lawfare recently published on its website, in coordination with our friends at Protect Democracy. Participants include: Alex Tausanovitch, Policy Advocate at Protect Democracy; Laura Dickinson, a Professor at George Washington University Law School; Joseph Nunn, Coun...

Nov 06, 20241 hr 33 min

Chatter: Our Fascination with the Presidency with Tim Naftali

It’s Election Day, but we’re not talking about the campaign. Shane Harris welcomes Tim Naftali back to the show to talk about Americans’ fascination with the presidency. When did the “modern presidency” begin? When did voters and the press become fixated on presidents’ private lives? And what do we get wrong about the nation’s highest office?  Naftali, a presidential historian, was last on Chatter in June 2022 to talk about Watergate, a subject on which he’s one of the country’s leading exp...

Nov 05, 20241 hr 5 min

Lawfare Daily: Can Chinese Cyber Operations Be Deterred, with Dakota Cary

Dakota Cary, Strategic Advisory Consultant at SentinelOne, joins  Lawfare  Senior Editor Eugenia Lostri, to discuss his  article  on U.S. attempts to deter Chinese hacking group Volt Typhoon. They talk about why Volt Typhoon won’t stop its intrusions against critical infrastructure, whether other hacking groups can be deterred, and where we should focus our attention to counter malicious activity. Materials discussed during the episode: " Exploring Chinese Thinking on Deterre...

Nov 05, 202443 min

Lawfare Daily: Bioweapons, North Koreans, and Musk, Oh My!

An old Soviet bioweapons lab shows new sign of life—and growth. Thousands of North Korean soldiers are in Russia to fight against Ukraine. And Russian President Vladimir Putin seems to have Elon Musk's direct line. What's going on in Russia?  Lawfare 's Editor in Chief Benjamin Wittes sits down with Foreign Policy Editor Daniel Byman and Tim Mak of The Counteroffensive to talk through the news of the weird from Russia. To receive ad-free podcasts, become a  Lawfare  Material Suppo...

Nov 04, 202444 min

Lawfare Archive: Democracy's Morticians: Steven Levitsky and Daniel Ziblatt on 'How Democracies Die'

From May 1, 2018: Steven Levitsky and Daniel Ziblatt, authors of the new book “How Democracies Die,” join Benjamin Wittes for a conversation about the conditions under which democracies survive and how American democracy can survive its experiment with populism. 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 . Suppor...

Nov 03, 202454 min

Lawfare Daily: National Security and the 2024 Election, Presidential Transitions

This episode of “Lawfare Live: National Security and the 2024 Election,” was recorded on October 29 in front of a live audience on  YouTube  and Zoom.  Lawfare  Editor-in-Chief Benjamin Wittes spoke to  Lawfare  Senior Editor Scott R. Anderson, Senior Fellow in Governance Studies at Brookings Elaine Kamarck, Visiting Fellow at Brookings and director of the Katzmann Initiative Katie Tenpas, and  Lawfare  Executive Editor Natalie Orpett about what occurs dur...

Nov 02, 20241 hr 14 min

Lawfare Daily: David Clements, the Evangelist of Election Refusal, with Anna Bower and Ben Wittes

Lawfare Senior Editor Anna Bower and Editor-in-Chief Benjamin Wittes sit down with Senior Editor Roger Parloff to discuss David Clements, who has led religiously inspired "trainings" across the U.S. teaching citizens how to stop local election officials from certifying elections the trainees consider fraudulent. Anna describes a training she attended, and Ben discusses, and plays clips from, his two-hour interview with Clements.  You can read more about this story in the new Lawfare article...

Nov 01, 202453 min

Rational Security: The “Yo Adrian! Go Vote! Edition

This week, Scott sat down with his Lawfare colleagues Alan Rozenshtein, Benjamin Wittes, and Molly Reynolds to talk through the week’s big national security news, including: “An Eye for an Iran.” After weeks of waiting, Israel finally launched the strikes on Iran it had long promised in response to the volley of missiles Iran hit it with earlier this month. Compared to expectations, the strikes were relatively limited and aimed primarily at Iranian military targets, instead of its nuclear and oi...

Oct 31, 20241 hr 16 min

Lawfare Daily: 64 Days: A New Documentary Film About Jan. 6, with Director Nick Quested

Nick Quested, Emmy Award-winning director, discusses with Lawfare Senior Editor Roger Parloff his recent film, " 64 Days: The Insurrection Playbook ," about the 64 days leading up to the Jan. 6 Capitol Siege.  They discuss how he came to make the film, his interviews with Proud Boys leader Enrique Tarrio months before, days before, and then hours after the insurrection. They also discuss the testimony he gave to the Jan. 6 Committee and at the Proud Boys seditious conspiracy trial and the c...

Oct 31, 202436 min

Lawfare Daily: How CISA Is Working to Protect the Election

The Cybersecurity and Infrastructure Security Agency (CISA) has taken a leading role in coordinating efforts to secure the 2024 election—from ensuring the physical security of election workers, to protecting election systems from cyber threats, to identifying foreign influence campaigns and preparing for deepfakes. With a week until Election Day, Senior Editors Quinta Jurecic and Eugenia Lostri spoke with CISA’s Cait Conley, Senior Advisor to the agency’s director, about how CISA is working to p...

Oct 30, 202447 min

Chatter: Radio Free Europe, Radio Liberty, Voice of America, and the Cold War, with Mark Pomar

Mark Pomar served as assistant director of the Russian Service at Radio Free Europe/Radio Liberty, director of the USSR Division at the Voice of America, executive director of the Board for International Broadcasting. He joined David Priess to talk about the origins of US government-funded international broadcasting, differences between RFE/RL and VOA, tensions between strategists and purists over the radios' content, the impacts of detente and of Reagan's more hawkish approach, KGB in...

Oct 29, 20241 hr 11 min

Lawfare Daily: David Kris on Data Proxies for Clients of Cloud Service Providers

Alan Rozenshtein, Associate Professor at the University of Minnesota Law School and Senior Editor at Lawfare , sits down with David Kris, founder of Culper Partners and the former Assistant Attorney General for National Security in the Obama administration, to talk about a new paper that David has published as part of Lawfare 's ongoing Digital Social Contract series, entitled " A Data Proxy for Clients of Cloud Service Providers .” Kris argues that cloud storage offers significant benefits for ...

Oct 29, 202448 min

Lawfare Daily: Aram Gavoor on the Biden Administration’s AI National Security Memo

Aram Gavoor, Associate Dean for Academic Affairs at GW Law, joins Kevin Frazier, Senior Research Fellow in the Constitutional Studies Program at the University of Texas at Austin and a Tarbell Fellow at Lawfare , to summarize and analyze the first-ever national security memo on AI. The two also discuss what this memo means for AI policy going forward, given the impending election. To receive ad-free podcasts, become a  Lawfare  Material Supporter at  www.patreon.com/lawfare . You ...

Oct 28, 202445 min

Lawfare Archive: India’s Democracy Under Modi

From April 10, 2023: On March 23, 2023, an Indian court found Prime Minister Narendra Modi’s principal opposition leader, Rahul Gandhi, guilty of defaming the Prime Minister and the Modi surname. He was sentenced to two years in prison and expelled from Parliament in what journalists and pro-democracy groups view as yet another inflection point of democratic decline under Modi’s leadership.  To understand the challenges facing Indian society and the current deterioration of India’s democrac...

Oct 27, 20241 hr 7 min

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

This episode of “Lawfare Live: “Trump’s Trials and Tribulations” was recorded on October 24 in front of a live audience on  Youtube  and Zoom. Lawfare  Editor-in-Chief Benjamin Wittes spoke to  Lawfare  Senior Editors Quinta Jurecic and Roger Parloff about the recently released redacted appendices in the Jan. 6 case, where the various state-level fake elector cases stand, and more. Support this show http://supporter.acast.com/lawfare . Hosted on Acast. See acast.com/priv...

Oct 26, 20241 hr 25 min

Lawfare Daily: Hunter Marston on the South China Sea

Hunter Marston, PhD candidate at the Australian National University and Southeast Asia Associate at 9DashLine, joins Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare , to explore the economic and geopolitical significance of the South China Sea. Hunter leans on his extensive knowledge of Southeast Asian politics and history to paint a comprehensive picture of why the next Administration should pay close attention to this geographical hotb...

Oct 25, 202434 min

Rational Security: The “Socialist Realism at its Finest” Edition

This week, Scott was joined by his  Lawfare  colleagues Tyler McBrien and Anna Hickey and special guest Georgetown University professor and CSIS Senior Fellow (as well as  Lawfare  Foreign Policy Editor) Dan Byman to talk over the week’s big national security news, including: “Some Vacancies in Management.” Israeli forces unintentionally hit their number one target last week when an Israeli military patrol in Gaza stumbled across and killed Hamas leader Yahya Sinwar, who is w...

Oct 24, 20241 hr 15 min

Lawfare Daily: Sam Kessler on How North Korean IT Workers Infiltrate U.S. Tech Companies

Eugenia Lostri, Senior Editor at Lawfare , sits down with Sam Kessler, Deputy Managing Editor for Tech and Protocols at CoinDesk, to talk about his  recent investigation  into how North Korean IT workers are infiltrating the crypto industry. They talked about the red flags that companies should be looking out for, why the crypto industry is particularly vulnerable, and the connection between these workers and the North Korean hacking arm. To receive ad-free podcasts, become a&nbsp...

Oct 24, 202442 min

Lawfare Daily: Mark Chinen on International Human Rights Law as a Framework for AI Governance

Mark Chinen, Professor at Seattle University School of Law, joins Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare , to discuss his recent work on international human rights law as a framework for AI governance. Professor Chinen explores the potential of IHRL to address AI-related challenges, the implications of recent developments like the Council of Europe AI treaty, and the intersection of philosophy, divinity, and AI governance. To re...

Oct 23, 202441 min

Chatter: Constitutional Fragility with Sandy Levinson

Professor Sanford Levinson has written extensively about the fragility of the Constitution. A likely contested election, AI, and ongoing gridlock makes his long-stemming concerns all the more relevant. In this episode of Chatter, Kevin Frazier, a Tarbell Fellow at Lawfare, sat down with Sandy, a professor at the University of Texas at Austin School of Law to explore how Sandy's thinking about the need for a wholesale revision of the Constitution has evolved, whether or not the Supreme Court is t...

Oct 22, 20241 hr 9 min

Lawfare Daily: Recent Elections and the State of Democracy in Tunisia

For today's episode, Lawfare Senior Editor Scott R. Anderson sat down with Sarah Yerkes, Senior Fellow at the Carnegie Endowment for International Peace, and Sabina Henneberg, the Soref Fellow at the Washington Institute for Near East Peace, to discuss recent elections in Tunisia, which saw increasingly authoritarian President Kais Saied returned to office with a purported 91% of the vote. They discussed the elections' lack of credibility, how they have been received by U.S. and other foreign of...

Oct 22, 202442 min

Lawfare Daily: A Trip Around the ‘Hidden Globe’ with Atossa Araxia Abrahamian

The journalist Atossa Araxia Abrahamian begins her new book, “ The Hidden Globe: How Wealth Hacks the World ,” in her hometown: Geneva, Switzerland. She writes, “I began this book about the world on a lifelong hunch: there was something strange about the place where I grew up…I am, and will always be, a part of this world apart—a place defined by a certain placelessness.”  It turns out that Geneva is just one entrepôt of many on the hidden globe, which Abrahamian describes as a ne...

Oct 21, 202444 min

Lawfare Archive: Carol Leonnig on the United States Secret Service and What to Do About It

From July 7, 2022: The United States Secret Service has many important missions, the most public of which is protecting the president of the United States. And in this mission, its motto is "Zero Fail." There is no window for them to let their guard down when it comes to protecting the commander-in-chief. And yet, the past several decades of the Secret Service's protection have seen gaps, mistakes and exposures of some fundamental problems within the Secret Service itself. Carol Leonnig is a Pul...

Oct 20, 202453 min

Lawfare Daily: National Security and the 2024 Election, Tech Policy

This episode of “Lawfare Live: National Security and the 2024 Election” was recorded on October 15 in front of a live audience on  Youtube  and Zoom. Lawfare  Editor-in-Chief Benjamin Wittes spoke to  Lawfare  Senior Editors Quinta Jurecic, Eugenia Lostri, and Alan Rozenshtein,  Lawfare  Tarbell Fellowin Artificial Intelligence Kevin Frazier, and Associate Professor of Law at St. John's University Law School Kate Klonick. They discussed former President Trump a...

Oct 19, 20241 hr 33 min
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