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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

The Soviet Perspective on the Nuremberg Trials

11/26/2021
Last month marked the 75th anniversary of the end of the Nuremberg Trials. To better understand the trials and their legacy, Bryce Klehm sat down with Francine Hirsch, Vilas Distinguished Achievement Professor of History at the University of Wisconsin–Madison. Hirsch is the author of the book, “Soviet Judgment at Nuremberg: A New History of the International Military Tribunal after World War II.” They covered a range of topics, including the Nuremberg Trials from the Soviet perspective and...

Duration:00:56:19

Rational Security: The "Nothing To Be Thankful For" Edition

11/25/2021
For Thanksgiving, we’re bringing you something a little different—an episode of Rational Security, our light, conversational show about national security and related topics. This week, Alan, Quinta and Scott were joined by special guest, Quinta's co-host of the Arbiters of Truth series on the Lawfare podcast feed Evelyn Douek! They sat down to discuss: —“Getting Rittenhoused”: A jury recently acquitted 17-year-old Kyle Rittenhouse of murder charges for shooting two men in what he claimed...

Duration:01:09:35

David Kaye on How We Address the Global Spyware Problem

11/24/2021
On November 3, the Commerce Department added four foreign companies to what is often referred to as the “Entity List,” for engaging in activities that are contrary to the national security or foreign policy interests of the United States. One of those additions was the Israeli company NSO Group, which sells software—often called spyware—that once remotely installed on a phone can steal things like passwords, photos, communications and web searches. It can also activate cameras and...

Duration:00:47:47

Lincoln and the Broken Constitution

11/23/2021
Jack Goldsmith sat down with Noah Feldman, the Felix Frankfurter Professor of Law at Harvard University, to discuss his new book,”The Broken Constitution: Lincoln, Slavery, and the Refounding of America.” They discussed the evolution of Lincoln's constitutional thought on slavery, compromise and war, from the time he was a young man through his most difficult of presidencies. Was Lincoln a great constitutional thinker? If so, why? They also discussed the moral standing of the Constitution at...

Duration:01:06:51

Mary Sarotte on ‘Not One Inch: America, Russia, and the Making of Post-Cold War Stalemate’

11/22/2021
Alexander Vindman sat down with Dr. Mary Sarotte, the author of the new book, “Not One Inch: America, Russia, and the Making of Post-Cold War Stalemate,” to discuss the 1990s and NATO expansion. They discussed how respective decisions by America, Russia and the European Union impacted NATO expansion and today’s geopolitical environment. Support this show http://supporter.acast.com/lawfare. See acast.com/privacy for privacy and opt-out information.

Duration:01:00:16

Lawfare Archive: Avril Haines, Eric Rosenbach, and David Sanger on U.S. Offensive Cyber Operations

11/21/2021
From May 28, 2019: From the Washington Post’s February report that U.S. Cyber Command took a Russian disinformation operation offline on the day of the 2018 midterms to fight election interference, to the Pentagon’s announcement last year that it would take more active measures to challenge adversaries in cyberspace, recent news about cyber operations suggests they are playing an increasingly important role in geopolitics. So how should the public understand how the United States deploys its...

Duration:00:57:14

Lawfare Archive: The Future of Somalia

11/20/2021
From August 9, 2014: Washington was abuzz this week as more than 50 African leaders were in town for the first U.S.-Africa Summit. On August 8, Hassan Sheikh Mohamud, the President of Somalia, spoke at Brookings on the future of his country. In his talk, President Mohamud addresses the challenges to democracy that Somalia faces, and how Somalia, the African Union, and other international partners can work together to ensure security, foster development, and promote stable state-building in...

Duration:01:23:10

Fiona Hill on ‘There Is Nothing for You Here’

11/19/2021
Alexander Vindman sat down with Dr. Fiona Hill, the Robert Bosch senior fellow in the Center on the United States and Europe in the Foreign Policy program at Brookings, and the author of the new book, “There Is Nothing for You Here: Finding Opportunity in the Twenty-First Century.” They talked about Russia's military buildup along Ukraine, immigration and opportunities in the 21st century. Support this show http://supporter.acast.com/lawfare. See acast.com/privacy for privacy and opt-out...

Duration:00:56:03

The Facebook Oversight Board, One Year On

11/18/2021
It’s been roughly a year since the Facebook Oversight Board opened its doors for business—and while you may mostly remember the board from its decision on Donald Trump’s suspension from Facebook, but there’s been a lot going on since then. So we thought it was a good time to check in on how this experiment in platform governance is faring. In October, the Board released its first transparency report, and Facebook—now Meta—has published its own update on how it’s been responding to the...

Duration:00:57:48

Hannah Bloch-Wehba on Police Transparency

11/17/2021
Hannah Bloch-Wehba is an associate professor of law at the Texas A&M School of Law. She’s also the author of a recent Lawfare post, entitled “Alternative Channels for Police Transparency.” She sat down with Jacob Schulz to talk about her Lawfare piece, the law review article that inspired it, trends in police transparency and what to do about it. What are the different sources that inhibit public access to police practice? And what trends in the second half of the 20th century left police...

Duration:00:41:01

Chattering with Shane and David

11/16/2021
Lawfare has a new podcast: Chatter! Hosted by none other than David Priess, publisher of Lawfare and the Lawfare Institute's chief operating officer, and Shane Harris, intelligence reporter from the Washington Post, Chatter focuses on culture, science and national security issues through long-form interviews with cool people. They joined Benjamin Wittes to talk about what they're doing with the show, what they're planning to do with the show and what sort of people they're going to bring on...

Duration:00:37:45

Roger Parloff on the Jan. 6 Capitol Riot Prosecutions

11/15/2021
Roger Parloff is a senior editor at Lawfare and the author of the recent article, “What Do—and Will—the Criminal Prosecutions of the Jan. 6 Capitol Rioters Tell Us?” It is a deep dive on the demographics, the charges and the adjudications of the Capitol riot cases so far. Roger sat down with Benjamin Wittes on Lawfare Live to talk about who the Capitol rioters were, why some of them have been allowed to plead out to misdemeanors, what characterizes the misdemeanor pleas and who is left among...

Duration:00:47:45

Lawfare Archive: Joel Brenner on America the Vulnerable

11/14/2021
From February 20, 2012: Joel Brenner, who served as inspector general of the National Security Agency and as the national counterintelligence executive in the DNI's office, joined Jack Goldsmith to discuss his new book, America the Vulnerable: Inside the New Threat Matrix of Digital Espionage, Crime, and Warfare. Benjamin Wittes reviewed the book here. Support this show http://supporter.acast.com/lawfare. See acast.com/privacy for privacy and opt-out information.

Duration:00:45:20

Lawfare Archive: Jameel Jaffer, Bob Litt, and William Banks Debate FISA

11/13/2021
From November 22, 2014: Earlier this month, the ABA Standing Committee on Law and National Security held its “24th Annual Review of the Field of National Security Law CLE Conference.” As part of the conference, the group held a particularly strong panel discussion on the Foreign Intelligence Surveillance Act—featuring Bob Litt, general counsel to the DNI, Jameel Jaffer of the ACLU, and Bill Banks of Syracuse University law school. The discussion was moderated by Laura Donohue of Georgetown...

Duration:01:49:25

Michel Paradis on Majid Khan

11/12/2021
Majid Khan pled guilty in a military commission at Guantanamo eight years ago, but he has been back in the news of late. At a sentencing hearing at Guantanamo recently, he gave graphic testimony about his torture and treatment at the hands of the CIA and the military. He also took responsibility and showed remorse for his own conduct. His speech in the military commission was sufficiently moving that several members of the jury wrote a letter to the convening authority asking for clemency...

Duration:00:58:29

Video Games Cannot Escape the Content Moderation Reckoning

11/11/2021
Content moderation in video games turns out to be just as much of a bummer as content moderation everywhere else, perhaps even more so. This week on Arbiters of Truth, our series on the online information ecosystem, Evelyn Douek and Quinta Jurecic spoke with Daniel Kelley, the director of strategy and operations for the Anti-Defamation League’s Center for Technology and Society. He studies how companies deal with the many moderation issues that pop up in gaming, from harassment to digital...

Duration:00:54:27

Susan Landau and Ross Anderson on the Going Dark Debate and the Risks of Client-Side Scanning

11/10/2021
The “going dark” debate, which concerns how society and the technology industry should address the challenges that law enforcement faces in investigating crime due to the increasing use of encryption on mobile devices and by communication platforms and services, was in the news again because of Apple's recent proposal to engage in client-side scanning. Apple planned to scan iPhones for child sexual abuse material, or CSAM, before such images were uploaded to iCloud. Prior to Apple's...

Duration:00:56:39

America, China and the Tragedy of Great-Power Politics

11/9/2021
Jack Goldsmith sat down with John Mearsheimer, the R. Wendell Harrison Distinguished Service Professor in the Political Science department at the University of Chicago, to discuss his recent article in Foreign Affairs, called “The Inevitable Rivalry: America, China, and the Tragedy of Great-Power Politics.” In that essay, Mearsheimer argues that America's engagement with China following the Cold War, and its fostering of the rise of China's economic and thus military power, was the worst...

Duration:00:49:07

Ambassador Doug Silliman on What's Next in U.S.-Iraq Relations

11/8/2021
The complicated relationship between Iraq and the United States is once again approaching a crossroads. Parliamentary elections held in Iraq last month promise a new government featuring a new cast of political forces with their own difficult histories with the United States. The United States, meanwhile, is approaching the self-imposed deadline by which it has promised to withdraw U.S. combat troops from the country, even as its diplomatic and military presences in the country have...

Duration:01:02:15

Lawfare Archive: Kenneth Anderson on Living with the UN

11/7/2021
From June 7, 2012: We don't review our own books here on Lawfare—not even if we happen to be Lawfare's book review editor. But Benjamin Wittes sat down the other day with Ken Anderson to discuss his wonderful new book, Living With the UN: American Responsibilities and International Order. It's a terrific read, full of insights about the U.S.-U.N. relationship, the U.N. as an institution, and the international governance movement more broadly. Support this show...

Duration:00:35:48