The Lawfare Podcast - podcast cover

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: A Jan. 6 Committee Staffer on Far-Right Extremism

From February 15, 2023: The Jan. 6 committee’s final report on the insurrection is over 800 pages, including the footnotes. But there’s still new information coming out about the committee’s findings and its work. Last week, we brought you an interview with Dean Jackson, one of the staffers who worked on the Jan. 6 committee’s investigation into the role of social media in the insurrection. Today, we’re featuring a conversation with Jacob Glick, who served as investigative counsel on the co...

Jan 26, 202557 min

Lawfare Archive: The West Bank and the Israel-Hamas War

From November 3, 2023: Since Hamas’s attack on Israel on Oct. 7, the Israel-Hamas war has largely been fought in Gaza, a small strip of land along the border of the Mediterranean Sea. But farther inland, there has been an uptick in hostilities between Israelis and Palestinians in the Palestinian territory of the West Bank. Israeli human rights organization B’Tselem says that at least 13 Palestinian herding communities in the West Bank have been forcibly displaced since the beginning of the war d...

Jan 25, 202556 min

Lawfare Daily: Aram Gavoor on the Trump Administration's AI Pivot: Trading Safeguards for Stargate

Aram Gavoor, Associate Dean for Academic Affairs at GW Law, joins Kevin Frazier, a Tarbell Fellow at Lawfare , to summarize and analyze the Trump administration’s initial moves to pivot the nation’s AI policy toward relentless innovation. The duo discuss the significance of Trump rescinding the Biden administration’s 2023 executive order on AI as well as the recently announced Stargate Project. To receive ad-free podcasts, become a  Lawfare  Material Supporter at  www.patreon.com/...

Jan 24, 202535 min

Lawfare Daily: Former Deputy Chief of the Justice Department's Capitol Siege Section Alexis Loeb on President Trump's Pardons

Alexis Loeb, the former Deputy Chief of the Capitol Siege Section of the Department of Justice, sits down with Lawfare Senior Editor Roger Parloff to talk about President Trump's blanket pardons and commutations for everyone her unit prosecuted.  She discusses how she became involved with the cases; how they were handled by prosecutors, judges, and juries; a couple of cases she personally prosecuted; and her views on the impact of Trump's pardon proclamation. To receive ad-free podcast...

Jan 23, 202538 min

Rational Security: “The Next First Day of the Rest of Our Lives” Edition

This week, Scott sat down with his Lawfare colleagues and hosts emeriti Benjamin Wittes, Quinta Jurecic, and Alan Rozenshtein to talk through the week’s big—and we mean BIG—national security news, including: “Executive Disorder.” America’s once-and-future President Donald Trump hit the ground running, issuing dozens of executive actions on his first afternoon in office, from once again withdrawing from the Paris climate agreement to pardoning or commuting the sentences for almost everyone involv...

Jan 22, 20251 hr 21 min

Lawfare Daily: The Gaza Ceasefire and Where It May Lead

For today’s episode, Lawfare Senior Editor Scott R. Anderson sat down with a panel of leading experts to discuss the recent ceasefire in Gaza, including: Natan Sachs, Senior Fellow at the Brookings Institution; Dan Byman, Professor at Georgetown University and Senior Fellow at the Center for Strategic and International Studies; Joel Braunold, Managing Director of the S. Daniel Abraham Center for Middle East Peace; and Dr. Dana El-Kurd, Professor at the University of Richmond.  They discusse...

Jan 22, 20251 hr 5 min

Lawfare Daily: Discussing Recent Disruptions to Undersea Cables with Kevin Frazier

Senior Editor at  Lawfare  Eugenia Lostri sits down with Kevin Frazier,  Lawfare ’s Tarbell Fellow in Artificial Intelligence, to discuss recent disruptions to undersea cables. They talk about the ongoing investigations; the challenges that weather, cooperation, and jurisdiction can present; and the plans in place to protect the cables from accidents and sabotage. To receive ad-free podcasts, become a  Lawfare  Material Supporter at  www.patreon.com/lawfare . You ca...

Jan 21, 202541 min

Lawfare Archive: The Paradox of Democracy

From July 11, 2022: We often use the terms democracy and liberal democracy interchangeably, but they're not the same thing. Democracy means majority rule and public participation. Liberal democracy means democracy plus minority rights. There's no guarantee that democracy will be liberal. And in fact, some of the same things that enable democracy can also undermine its liberal commitments. Zac Gershberg, a professor of journalism and media studies at Idaho State University and Sean Illing, the ho...

Jan 20, 202557 min

Lawfare Archive: Norm Eisen on the Emoluments Clause

From February 11, 2017: Donald Trump's election as president brought a surge of interest in the previously obscure Emoluments Clause, which prohibits any “Person holding any Office of Profit or Trust under [the United States]” from accepting “any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.” Norm Eisen and Richard Painter, ethics experts for Presidents Barack Obama and George W. Bush, have been leading the charge to hold Trump accountable u...

Jan 19, 202539 min

Lawfare Archive: Susan Hennessey and Matt Tait Go on a Political Witch Hunt

From January 7, 2017: In an  interview  with  The New York Times  before his intelligence briefing on Russian efforts to interfere in the U.S. election on Friday, President-elect Donald Trump called the intelligence community's assessment of Russian interference a "political witch hunt." In that spirit, Benjamin Wittes brought  Lawfare  managing editor Susan Hennessey and former GCHQ information security specialist Matt Tait on the podcast to discuss evidence of Rus...

Jan 18, 202546 min

Lawfare Daily: Janet Egan and Lennart Heim on the AI Diffusion Rule

Janet Egan, Senior Fellow at the Center for a New American Security (CNAS) and Lennart Heim, an AI researcher at RAND, join Kevin Frazier, a Tarbell Fellow at Lawfare , to analyze the interim final rule on AI diffusion announced by the Bureau of Industry and Security on January 13, 2025. This fourth-quarter effort by the Biden Administration to shape AI policy may have major ramifications on the global race for AI dominance.  To receive ad-free podcasts, become a  Lawfare  Materia...

Jan 17, 202539 min

Lawfare Daily: Rubio, Ratcliffe, and Bondi Confirmation Hearings Dispatch

In a  live conversation on January 15 ,  Lawfare  Editor-in-Chief Benjamin Wittes spoke to  Lawfare  Managing Editor Tyler McBrien and  Lawfare  Senior Editors Anna Bower and Scott Anderson about the second day of confirmation hearings for President-elect Donald Trump’s cabinet. They discussed the hearings for Pam Bondi’s nomination to be attorney general, John Ratcliffe’s nomination to be CIA director, and Marco Rubio’s nomination to be secretary of state, and...

Jan 16, 20251 hr

Rational Security: The “Working the Refs” Edition

This week, Scott sat down with his Lawfare colleagues Roger Parloff, Renée DiResta, and Tyler McBrien to talk through the week’s big national security news, including: “The Art of the Heel.” As President-elect Donald Trump’s inauguration nears, the various legal cases against him are gradually winding down to their inevitable end. But Trump is not letting them go quietly: instead, he has fought certain final steps tooth and nail, ranging from the (mostly meaningless) sentencing in his New York c...

Jan 15, 20251 hr 19 min

Lawfare Daily: Anna Bower on the Confirmation Hearing of Pete Hegseth

In a  live conversation on January 14 ,  Lawfare  Editor-in-Chief Benjamin Wittes spoke to  Lawfare  Senior Editor Anna Bower about the confirmation hearing of Pete Hegseth by the Senate Armed Services committee on his expected nomination to be secretary of defense, the first confirmation hearing for one of President-elect Trump’s cabinet nominations in his second term. To receive ad-free podcasts, become a  Lawfare  Material Supporter at  www.patreon.com/...

Jan 15, 202556 min

Lawfare Daily: The Proposed New FARA Regulations, with DOJ Official Jennifer Gellie

For today’s episode, Jennifer Gellie, the Chief of the Counterintelligence and Export Control Section ("CES") in the National Security Division of the U.S. Department of Justice, sits down with Lawfare Senior Editor and General Counsel Scott R. Anderson and Lawfare Contributing Editor and Morrison Foerster partner Brandon Van Grack to discuss new proposed regulations her office has issued for implementing the Foreign Agents Registration Act ("FARA").  They cover how the role ...

Jan 14, 20251 hr 5 min

Lawfare Daily: TikTok Ban at the Supreme Court

In a  live conversation on January 10 ,  Lawfare  Tarbell Fellow in Artificial Intelligence Kevin Frazier talked to  Lawfare  Senior Editor Alan Rozenshtein and Senior Staff Attorney at the Knight Institute Ramya Krishnan about the Supreme Court oral arguments over the legislation passed by Congress that bans TikTok unless its parent company ByteDance divests from the app, the arguments made by the different sides, and their predictions about how the Court might rule. To...

Jan 13, 202552 min

Lawfare Daily, Trump’s Trials and Tribulations: New York Sentencing

This episode of “Lawfare Live: Trump’s Trials and Tribulations,” was recorded on January 10 in front of a live audience on  YouTube  and Zoom. Lawfare  Editor-in-Chief Benjamin Wittes spoke to  Lawfare  Senior Editors Anna Bower and Quinta Jurecic and Managing Editor Tyler McBrien about the sentencing of Donald Trump in the New York hush money case, what the prosecution, defense, and Justice Merchan said in court, and the litigation over the release of Special Counsel Ja...

Jan 12, 20251 hr 4 min

Lawfare Archive: Brian Fishman on Violent Extremism and Platform Liability

From May 12, 2023: Earlier this year, Brian Fishman published a fantastic  paper  with Brookings thinking through how technology platforms grapple with terrorism and extremism, and how any reform to Section 230 must allow those platforms space to continue doing that work. That’s the short description, but the paper is really about so much more—about how the work of content moderation actually takes place, how contemporary analyses of the harms of social media fail to address the histor...

Jan 11, 20251 hr 5 min

Lawfare Daily: Climate on the Docket at the ICJ with Melissa Stewart

Melissa Stewart, an Assistant Professor of Law at the University of Hawai'i at Mānoa’s William S. Richardson School of Law, joins  Lawfare  Managing Editor Tyler McBrien to discuss the International Court of Justice’s forthcoming advisory opinion on obligations of states in respect of climate change. Stewart discusses how we got here, the unprecedented level of participation from states and international organizations in written submissions and oral proceedings, and the main arguments ...

Jan 10, 202547 min

Lawfare Daily: Orin Kerr on the Digital Fourth Amendment

Jack Goldsmith sits down with Orin Kerr, a Professor at Stanford Law School, to discuss his new book , “The Digital Fourth Amendment: Privacy and Policing in Our Online World.” They talk about how Kerr became interested in these issues, the history and physicality assumptions of the Fourth Amendment, and how and why the digital world is different. They also discuss how the courts are interpreting the Fourth Amendment in a digital age, as well as Kerr’s Equilibrium-Adjustment Theory, the core the...

Jan 09, 202555 min

Rational Security: The “No Taxation Without Sledding Representation” Edition

This week, Scott sat down with his Lawfare colleagues Molly Reynolds and Kevin Frazier to discuss the week’s big national security news, including: “Mike Drop (Almost).” While we are still two weeks away from having a new president, the 119th Congress is already underway. But there are signs of tension in the Republican majority controlling both chambers, with House Republicans (under pressure from former President Trump and adviser Elon Musk) having killed a leadership-negotiated compromise fun...

Jan 08, 20251 hr 6 min

Lawfare Daily: Full Stack Policymaking

Lawfare Senior Editor Eugenia Lostri sat down with Winnona DeSombre Bernsen, nonresident fellow at the Atlantic Council and founder of the hacker conference DistrictCon, and Nina Alli, Executive Director of the Biohacking Village, to talk about their recent report, “ It Takes a Village: Spotlighting Practitioner Driven-Cybersecurity Successes and Future Opportunities .” The report collects the insights of seven cybersecurity villages and outlines the value they can bring to security researc...

Jan 08, 202544 min

Lawfare Daily: Sheriffs and ‘The Highest Law in the Land,’ with Jessica Pishko

Jessica Pishko, an independent journalist and lawyer who writes about the criminal legal system with a focus on the political power of law enforcement officials, joins  Lawfare  Managing Editor Tyler McBrien to discuss her new book , “The Highest Law in the Land: How the Unchecked Power of Sheriffs Threatens Democracy.” Pishko discussed the roots of the constitutional sheriffs movement, broke down several myths and realities of the office, and explained the immense appeal sheriffs have...

Jan 07, 202552 min

Lawfare Daily: The New January 6 Reports

On today’s podcast, Lawfare Senior Editor and Brookings Senior Fellow Molly Reynolds is joined by Quinta Jurecic, a Fellow at Brookings and Senior Editor at Lawfare , and Ryan Reilly, Justice Reporter at NBC News, to discuss a long-awaited report on Jan. 6 from the Department of Justice’s Inspector General, as well as a new report from House Republicans focusing on the pipe bombs planted outside the Democratic and Republican National Committees as part of the violence that day. They explore what...

Jan 06, 202558 min

Lawfare Archive: Shane Harris on the Nord Stream 2 Bombing

From January 5, 2023: It was a few months ago that something went boom under the sea and the Nord Stream 2 pipelines were severely damaged. Everyone assumed the perpetrator was the Russian Federation because of the Russian Federation’s war in Ukraine, and because the pipeline carried natural gas from Russia to Europe. But, months have gone by and evidence that Russia was behind the Nord Stream attacks has not surfaced. This was the subject of a lengthy  article in the Washington Post , the ...

Jan 05, 202541 min

Lawfare Archive: Countering Extremism Within the Military

From April 8, 2022: Last week on  Lawfare Live , Jacob Schulz sat down with Andrew Mines, a research fellow at George Washington University’s Program on Extremism. Mines helps lead the Program on Extremism's efforts to keep track of criminal charges resulting from the Jan. 6 Capitol Hill siege. They talked about the U.S military’s efforts to counter extremism within its ranks. Mines is the recent author of a  Lawfare  piece on the subject, and they talked through the history ...

Jan 04, 202549 min

Lawfare Daily: A Uyghur Forced Labor Protection Act Update

On today's podcast,  Lawfare  Executive Editor Natalie Orpett is joined by Brian Hoxie to get an update on the Uyghur Forced Labor Protection Act (UFLPA). The legislation was passed in 2021 in response to reports that the Chinese government was committing major human rights abuses against its Uyghur population, including disappearances and forced labor. Three years later, where do things stand? Hoxie is the director of the Forced Labor Division at U.S. Customs and Border Protection's O...

Jan 03, 202534 min

Lawfare Daily: Ask Us Anything About 2024

It's time for  Lawfare 's annual "Ask Us Anything" podcast. You called in with your questions, and  Lawfare  contributors have answers! Benjamin Wittes, Kevin Frazier, Quinta Jurecic, Eugenia Lostri, Alan Rozenshtein, Scott R. Anderson, Natalie Orpett, Amelia Wilson, Anna Bower, and Roger Parloff addressed questions on everything from presidential pardons to the risks of AI to the domestic deployment of the military. Thank you for your questions. And as always, thank you for liste...

Jan 02, 20251 hr 16 min

Rational Security: The “Out of the Twenty-Twenty-Fourno, Into the Fire” Edition

For the podcast’s annual end-of-year episode, Scott sat down with co-hosts emeritus Alan Rozenshtein and Quinta Jurecic to talk over listener-submitted topics and object lessons, including: How will the collapse of the Assad regime impact the region? And can the United States help create a secular, democratic Syria? How is the pending TikTok ban even enforceable (if it is)? What national security story from 2024 deserved more attention? Won’t the Fifth Circuit’s recent Tornado Cash opinion simpl...

Jan 01, 20251 hr 15 min

Lawfare Archive: Can Torture Evidence Be Used at Guantanamo Bay?

From August 8, 2023: Just weeks ago, the U.S. Court of Appeals for the D.C. Circuit  upheld the life sentence of a Yemeni national  serving out his time at the Guantanamo Bay detention center. He had appealed this life sentence, in part on the grounds that his conviction was based on evidence obtained by torture. Meanwhile, at the Guantanamo military commissions,  another detainee  tried to appeal charges against him on the basis that torture-obtained evidence was used in his...

Jan 01, 202549 min