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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.

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Episodes

Rational Security: The “Sad Norman Rockwell” Edition

This week, Scott sat down with Lawfare Senior Editors Molly Reynolds and Alan Rozenshtein, and with University of Houston Law Center Assistant Professor of Law Chris Mirasola, to talk through the week’s big national security news, including: “Troops, There It Is.” President-elect Donald Trump raised eyebrows this week when he suggested that he intended to declare a national emergency and use U.S. soldiers to implement his planned deportation of undocumented migrants from the United States—the fi...

Nov 21, 20241 hr 19 min

Lawfare Daily: Haiti's Deteriorating Security Situation, with Robert Fatton

Since the assassination of Haitian President Jovenel Moïse in July 2021, the country has been plagued by gang violence, a destabilized government, and an ongoing humanitarian crisis.  Lawfare  Associate Editor for Communications Anna Hickey sat down with Dr. Robert Fatton, emeritus professor of government and foreign affairs at the University of Virginia to discuss the rising gang violence in Haiti, whether the incoming Trump administration will change the United States’s response, and...

Nov 21, 202439 min

Lawfare Daily: Chris Johnson on Space Law (or Lack Thereof)

Chris Johnson, Director of Legal Affairs and Space Law for Secure World Foundation and an adjunct professor of law at Georgetown University, 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 discuss the laws, policies, and geopolitical trends shaping the governance of space. The two analyze how space policy may change in the Trump Administration and how ongoing international negotiations may...

Nov 20, 202444 min

Chatter: The Second Trump Administration with Ashley Parker and Josh Dawsey

Donald Trump is going back to the White House and is already busy stocking his future Cabinet. Shane Harris sat down with two of The Washington Post’s best political reporters to talk about Trump’s victory, some of his initial choices for top national security positions--which are drawing extraordinary controversy--and what we might expect in Trump’s second term.  Ashley Parker and Josh Dawsey covered Trump’s first term in office as White House correspondents. They also covered his latest c...

Nov 19, 202446 min

Lawfare Daily: Russia and the American Far-right, with Marlene Laruelle

Lawfare Associate Editor Olivia Manes sat down with with Marlene Laruelle, a Research Professor of International Affairs and Political Science at The George Washington University, and Director of GW's Illiberalism Studies Program, to discuss the financial, ideological, and historical connections between the American far-right and Russia. Marlene discussed the distinction between confluence and influence, white supremacist notions of a "pan-white" nation embodied by Russi...

Nov 19, 202440 min

Lawfare Daily: Energy Security, Data Centers, and AI

Christie Hicks, the Managing Attorney overseeing Earthjustice's Clean Energy Program, and Mandy DeRoche, a Deputy Managing Attorney in Earthjustice's Clean Energy Program, join Kevin Frazier, Senior Research Fellow in the Constitutional Studies Program at the University of Texas at Austin and a Tarbell Fellow at Lawfare , to explore the intersection of environmental law and national security as the Biden administration prioritizes AI development. Drawing on the extensive experience of Christie a...

Nov 18, 202437 min

Lawfare Archive: Milley, Trump and Civil-Military Relations with Peter Feaver, Kori Schake, and Alexander Vindman

From September 21, 2021: A new  book  by Bob Woodward and Robert Costa contains reporting about several controversial actions by Chairman of the Joint Chiefs of Staff Mark Milley in late 2000 and early 2021, regarding conversations with his Chinese counterparts, his discussion with senior military officers about following standard nuclear procedures (if need be), and reaching out to others like the CIA and NSA directors to remind them to watch everything closely. Were each of these rep...

Nov 17, 202459 min

Lawfare Daily: President-elect Trump's National Security Appointments

Lawfare  Editor-in-Chief Benjamin Wittes sat down with  Lawfare  Senior Editors Scott Anderson, Alan Rozenshtein, and Quinta Jurecic and Executive Director of the Institute for Constitutional Advocacy and Protection Mary McCord about Donald Trump's picks for his Cabinet and senior-level administration positions, including Matt Gaetz as attorney general and Pete Hegseth as secretary of defense, the possibility of Trump using the recess appointment power, and more. To receive ad-fre...

Nov 16, 20241 hr 8 min

Lawfare Daily: A New Database of Possible U.S. War Crimes with Madeleine Baran and Parker Yesko

Madeleine Baran and Parker Yesko, investigative reporters with the New Yorker’s In the Dark podcast, join  Lawfare  Managing Editor Tyler McBrien to discuss  In the Dark: Season 3 , which tells the story of a small group of Marines who killed 24 civilians in Haditha, Iraq, on Nov. 19, 2005. They also discussed “ The War Crimes That the Military Buried ,” a new database of possible American war crimes committed in Iraq and Afghanistan, which Baran and Yesko compiled ...

Nov 15, 202450 min

Rational Security: The “Steven Spielberg Does Not Need a Free Drink" Edition

This week, Scott sat down with his Lawfare colleagues Anna Bower, Eugenia Lostri, and Roger Parloff to discuss the week’s big national security news, including: “Putting the Dismal in Dismissal.” Donald Trump’s election as president for a second time puts the state and federal criminal charges against him—and potentially some of his supporters and co-conspirators—in unprecedented historical territory. Where do these cases seem to be headed? And what will it mean for the broader effort at account...

Nov 14, 20241 hr 19 min

Lawfare Daily: Social Media Data Practices, with the FTC’s Jacqueline Ford and Ronnie Solomon

On this episode,  Lawfare  Contributing Editor Justin Sherman sits down with Jacqueline Ford and Ronnie Solomon, attorneys in the FTC Division of Privacy & Identity Protection, to discuss the FTC’s new 6(b)  staff report  on the data practices of nine social media and video streaming companies, from Twitch to Discord to YouTube. They discussed the report’s findings on data collection, retention, and use practices, and cover the privacy impacts of these practices, the...

Nov 14, 202443 min

Lawfare Daily: IHL and Private Tech in Conflict, with Jonathan Horowitz

Eugenia Lostri, Senior Editor at  Lawfare , sat down with Jonathan Horowitz, Deputy Head of the Legal Department to the ICRC’s Delegation for the United States and Canada, to discuss his recent article, “ The Business of Battle: The Role of Private Tech in Conflict .” They talked about how international humanitarian law principles can affect the private digital sector, the risks that tech companies can face when they provide services to a party in an armed conflict, and what they shoul...

Nov 13, 202437 min

Chatter: How the Norm Against Political Violence Eroded in the Roman Republic, with Catherine Steel

As the U.S. tries to come to grips with a resurgence of political violence in recent years, it's instructive to look at how the norm against political violence eroded during the late Roman Republic and contributed to ultimately autocratic rule. Catherine Steel, Professor of Classics at the University of Glasgow, specializes in the political history of the Roman Republic and its institutional structures and has written books and articles about the period. She joined David Prie...

Nov 12, 20241 hr 25 min

Lawfare Daily: Keith Whittington on the Law, Politics, and Purpose of the Impeachment Power

Jack Goldsmith sits down with Keith Whittington, David Boies Professor of Law at Yale Law School, to discuss his new book , “The Impeachment Power: The Law, Politics, and Purpose of an Extraordinary Constitutional Tool.” They discuss what the Constitution says about the impeachment power, how we should think about high crimes and misdemeanors, why impeachment shows that Congress is the preeminent branch of government, and the goals and values of impeachment. They also discuss the abuse of the im...

Nov 12, 202447 min

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
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