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The Lawfare Podcast

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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. See acast.com/privacy for privacy and opt-out information.

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. See acast.com/privacy for privacy and opt-out information.

Location:

United States

Description:

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. See acast.com/privacy for privacy and opt-out information.

Twitter:

@lawfareblog

Language:

English


Episodes

Somalia, Al-Shabab, and the United States, with Julian Barnes and Emilia Columbo

10/27/2021
In November 2020, a raid against terrorists in Somalia led to the death of an American working for the CIA Special Activities Center. This, after the Trump administration had eased combat rules and airstrikes in Somalia surged. Now the Biden administration seems to be reviewing its policy toward Somalia and the al-Shabab terrorists there. David Priess talked about it with Julian Barnes, a national security reporter for the New York Times focusing on the intelligence agencies, and coauthor...

Duration:00:38:27

Katrina Northrop on the Evergrande Debt Crisis

10/26/2021
Evergrande is a massive Chinese real estate company that has found itself with more than $300 billion in liability and no real idea of how to get out of debt. Its financial problems have come to a head in recent months, and concerns have grown about the potential of Evergrande’s debt problems to threaten the Chinese economy. It's a financial story, but one with real implications for China's broader economic picture in great power competition between the U.S. and China. To break it all down,...

Duration:00:42:11

Pete Strzok on Declining FISAs and Human Source Handling

10/25/2021
Pete Strzok is a former counter-intelligence official at the FBI. He is the author most recently of an article in Lawfare entitled, “The Sussmann Indictment, Human Source Handling, and the FBI’s Declining FISA Numbers.” It's an article that makes an interesting connection between a sentence in the indictment of Democratic lawyer Michael Sussmann and some data on FISA applications released by the Office of the Director of National Intelligence. They may seem unconnected, but Strzok argues...

Duration:00:59:52

Lawfare Archive: Rep. Adam Schiff on the Role of Congress in Protecting Liberal Democracy

10/24/2021
From March 25, 2017: Between leading the House Permanent Select Committee on Intelligence's first open hearing on Russian election interference on Monday, and sparring with HPSCI Chairman Rep. Devin Nunes over Nunes's odd escapades regarding possible incidental collection of communications of Trump associates, HPSCI Ranking Member Rep. Adam Schiff has had a busy week. On Tuesday, Lawfare and the Brookings Institution were pleased to host Rep. Schiff for an address on "The Role of Congress in...

Duration:01:10:35

Lawfare Archive: Paul Lewis on Not Closing Guantanamo

10/23/2021
From February 25, 2017: Under the oversight of Paul Lewis, the Department of Defense’s Special Envoy for Guantanamo Closure under the Obama administration, the detainee population at Guantanamo Bay went from 164 to 41. But Guantanamo remains open, and the Trump administration has promised not only to halt any further transfers or releases of detainees, but also to possibly bring in more detainees in the future. And that's aside from the fact that recent news reports indicate that a former...

Duration:00:47:33

Container Shipping and Supply Chain Delays with Gregg Easterbrook

10/22/2021
Ports in many countries are experiencing congestion. For weeks now, there have been reports that there will be delays in many common products, and people are wondering what is causing this and how it can end. David Priess sat down with Gregg Easterbrook, a former fellow in economics and in governance studies at the Brookings Institution. He was a staff writer, national correspondent or contributing editor at The Atlantic for nearly 40 years, and more recently, he is the author of “The Blue...

Duration:00:41:14

Twitter’s Head of Public Policy Explains the Company’s Advice to Regulators

10/21/2021
On this week’s episode of Arbiters of Truth, our series on the online information ecosystem, Evelyn Douek and Quinta Jurecic spoke with Nick Pickles, the director of global public policy strategy at Twitter. They discussed a new paper just released by Twitter, “Protecting the Open Internet: Regulatory Principles for Policy Makers”—which sketches out, in broad strokes, the company’s vision for what global technology policy should look like. The paper discusses a range of issues, from...

Duration:00:47:35

Everything You Wanted to Know About Executive Privilege But Were Afraid to Ask

10/20/2021
Jonathan David Shaub is an assistant professor of law at the University of Kentucky. He is a former OLC attorney and the author of a series of recent Lawfare posts on executive privilege, witnesses, documents and the Jan. 6 committee. He sat down with Benjamin Wittes to talk about Steve Bannon, the former president's suit against the National Archives, all of the privilege claims that are floating around, the misinformation about them that's proliferating on Twitter, and how the Justice...

Duration:00:55:10

Carissa Hessick on Jan. 6 Plea Bargains

10/19/2021
Around a hundred people have already pleaded guilty to crimes in connection with the Jan. 6 attempted insurrection on the Capitol. What should we make of the plea deals thus far? Are they overly lenient? Are they what we might expect? To talk through the Jan. 6 plea deals, Jacob Schulz sat down on Lawfare Live with Carissa Byrne Hessick, the Anne Shea Ransdell and William Garland "Buck" Ransdell, Jr. Distinguished Professor of Law at the University of North Carolina School of Law. They...

Duration:00:53:59

Liza Goitein and Bob Loeb on State Secrets

10/18/2021
It has been a decade since the Supreme Court decided on a case involving the state secrets privilege, a common law rule that allows the government to block the release of state secrets in civil litigation. In this term, the justices will hear two cases involving the privilege: United States v. Abu Zubaydah and Federal Bureau of Investigation v. Fazaga. To talk about the two cases before the Supreme Court and the state secrets privilege more broadly, Rohini Kurup sat down with Liza Goitein,...

Duration:00:56:38

Lawfare Archive: Coronavirus, Federalism and Supply Chains: A Case Study

10/17/2021
From April 25, 2020: We've covered this novel coronavirus from many angles, focusing on the disaster response issues that make up part of national security. For this episode of the Lawfare Podcast, we have something a bit different: a case study of how pandemic control measures intersect with federalism issues and supply chain continuity and security. With a focus on what's happening in Illinois, David Priess spoke with Rob Karr, the president and CEO of the Illinois Retail Merchants...

Duration:00:43:36

Lawfare Archive: Deterring Russian Cyber Intrusions

10/16/2021
From December 24, 2016: Whatever the President-elect might say on the matter, the question of Russian interference in the presidential election is not going away: calls continue in the Senate for an investigation into the Kremlin's meddling, and the security firm Crowdstrike recently released new information linking one of the two entities responsible for the DNC hack with Russia's military intelligence agency. So how should the United States respond? In War on the Rocks, Evan Perkoski and...

Duration:00:47:30

What's Up With the January 6 Investigation?

10/15/2021
The January 6 investigating committee in the House is busily issuing subpoenas, collecting documents and negotiating with witnesses for depositions. It is also being defied by certain witnesses, and the former president is threatening to try to stop the National Archives from turning over material related to his activities and communications during and leading up to the January 6 insurrection. To chew over the entire spectrum of issues the committee is facing, Benjamin Wittes sat down with...

Duration:00:49:05

Finstas, Falsehoods and the First Amendment

10/14/2021
Facebook whistleblower Frances Haugen’s recent testimony before Congress has set in motion a renewed cycle of outrage over the company’s practices—and a renewed round of discussion around what, if anything, Congress should do to rein Facebook in. But how workable are these proposals, really? This week on Arbiters of Truth, our series on the online information ecosystem, Evelyn Douek and Quinta Jurecic spoke with Jeff Kosseff, an associate professor of cybersecurity law at the United States...

Duration:00:59:10

What's Going on in Afghanistan?

10/13/2021
Bryce Klehm sat down with Vanda Felbab-Brown, a senior fellow at the Brookings Institution, and Lawfare senior editor Scott R. Anderson, to discuss the current situation in Afghanistan. They covered a range of issues, including the Taliban government's formation since the U.S. withdrawal, the current humanitarian crisis in Afghanistan and the international community's response. Support this show http://supporter.acast.com/lawfare. See acast.com/privacy for privacy and opt-out information.

Duration:00:46:59

Martijn Rasser on CIA and Emerging Technology

10/12/2021
Last week, CIA director William Burns issued a statement with a number of organizational changes and other initiatives regarding the CIA. Most media attention was drawn to the creation of a new China Mission Center, but there were several new initiatives on the technology front that also warrant attention. He talked about a new Technology Fellows program, a new Transnational and Technology Mission Center, a new chief technology officer, and a corporate board devoted to technology issues. To...

Duration:00:47:37

Adam Klein and Benjamin Wittes on FISA

10/11/2021
Two weeks ago, the Department of Justice's Office of Inspector General released a report on the FBI's mishandling of Foreign Intelligence Surveillance Act applications. It's the latest in a string of Inspector General reports and other documents to talk about the process. To go through the latest report, why the process is so important and what it all means, Jacob Schulz sat down on Lawfare Live with Lawfare editor-in-chief Benjamin Wittes, and Adam Klein, the former chairman of the Privacy...

Duration:01:01:45

Lawfare Archive: Maria Ressa on the Weaponization of Social Media

10/10/2021
From October 15, 2020: On this episode of Lawfare's Arbiters of Truth series on disinformation, Evelyn Douek spoke with Maria Ressa, a Filipino-American journalist and co-founder of Rappler, an online news site based in Manila. Maria was included in Time's Person of the Year in 2018 for her work combating fake news, and is currently fighting a conviction for “cyberlibel” in the Philippines for her role at Rappler. Maria and her fight are the subject of the film, “A Thousand Cuts,” released...

Duration:00:58:27

White House Pressure, the Justice Department and the Election

10/9/2021
The majority staff of the Senate Judiciary Committee has issued an interim report, entitled “Subverting Justice: How the Former President and His Allies Pressured DOJ to Overturn the 2020 Election.” A lot of it covers ground we knew about previously, but it contains a raft of new details about the president's pressure on the Justice Department to support his election fraud claims, the resignation of a U.S. attorney in Georgia, and the bizarre attempt to install as acting attorney general a...

Duration:00:52:39

Bob Bauer and Jack Goldsmith on Reforming the Presidency

10/8/2021
It's been almost a year since Trump lost the presidency and over nine months since a new administration and a new congressional majority took power. We’re moving further and further away from Trump's controversial use of presidential authorities, and it seems like we've lost momentum in the push for systemic changes to prevent future abuses. Fortunately, some people are still pushing. Natalie Orpett sat down with Bob Bauer, former White House counsel to President Obama, and Jack Goldsmith,...

Duration:00:52:09