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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

Rational Security: The “Small World After All” Edition

8/7/2022
This week on Rational Security, Alan, Quinta, and Scott were joined by favorite guest Lawfare executive editor Natalie Orpett to hash through the week's big national security news stories, including: successfully killed yet another major terrorist leaderindicted Russian agent Aleksandr Viktorovich Ionovflown to Taiwan Support this show http://supporter.acast.com/lawfare. See acast.com/privacy for privacy and opt-out information.

Duration:01:08:04

Lawfare Archive: Elsa Kania on China’s Quantum Quest

8/6/2022
From September 22, 2018: If you ask scientists what is most likely to kick off the next great wave of technological change, a good number will answer “quantum mechanics”—a field whose physics Albert Einstein once described as “spooky,” but whose potential, once tapped, could unleash exponentially faster computer processes, unbreakable cryptography, and new frontiers in surveillance technology. No one understands this better than the People’s Republic of China, who over the last several...

Duration:00:47:28

When Lawyers Spread Disinformation

8/5/2022
A few weeks ago on Arbiters of Truth, our series on the online information system, we brought you a conversation with two emergency room doctors about their efforts to push back against members of their profession spreading falsehoods about the coronavirus. Today, we’re going to take a look at another profession that’s been struggling to counter lies and falsehoods within its ranks: the law. Recently, lawyers involved in efforts to overturn the 2020 election have faced professional...

Duration:00:52:56

Pelosi in Taiwan

8/4/2022
Nancy Pelosi made a visit to Taiwan this week. It wasn't exactly a surprise—we all knew it was happening—but it wasn't announced, and it wasn't quite official either. Beijing has gone a little bit crazy. There are military exercises taking place off the coast of Taiwan in response. There are threats of war. There was even talk of shooting down Pelosi's plane. To talk it all through, Benjamin Wittes sat down with Sophia Yan, Beijing correspondent for the Telegraph; Julian Ku, professor of...

Duration:00:50:11

Dan Byman and Scott Anderson on the al-Zawahiri Strike

8/3/2022
Another day, another leader of al-Qaeda is killed by U.S. forces. This time, it was Ayman al-Zawahiri, killed on his balcony in Kabul by a Hellfire missile strike. To talk about it all, Benjamin Wittes sat down with Lawfare senior editor Scott R. Anderson and Lawfare’s foreign policy editor Daniel Byman. Is it a big deal? Is it kind of old news that we’ve killed yet another al-Qaeda leader? How badly degraded is al-Qaeda? Who's going to replace al-Zawahiri? What does it mean for the...

Duration:00:49:45

Europe Doubles Down on Client Side Scanning

8/2/2022
On May 11, the European Commission announced a new proposal designed to combat online child sexual abuse material. The proposal has drawn notable criticism from major member states, especially Germany, and has raised concerns about the national security risks it could create. To talk through the issues at hand, former Lawfare managing editor Jacob Schulz sat down with two experts, each of whom wrote Lawfare articles about the EU’s proposal back in June: Robert Gorwa, postdoctoral research...

Duration:00:48:21

How to Evaluate Progress in the Justice Department's Jan. 6 Investigation

8/1/2022
There’s been a great deal of debate recently about how to understand the apparently slow pace of the Justice Department’s investigation into Jan. 6, particularly into Donald Trump’s personal role in the insurrection. On Lawfare, editor-in-chief Benjamin Wittes made the case that everyone should just chill out and let the department do its work, while executive editor Natalie Orpett and senior editor Quinta Jurecic argued that it’s reasonable to push harder for the department to understand...

Duration:01:16:16

Chatter: Spotting Fake News with Cindy Otis

7/31/2022
Fake news has been around for thousands of years in different forms that have changed with media technology, and there's little doubt that it's here to stay. For reasons ranging from human biases to financial incentives to the need for speed, it remains a hard problem. Cindy Otis, who worked for about 10 years at the Central Intelligence Agency as an analyst and a manager, now writes about fake news and related matters in articles and books—including True or False: A CIA Analyst's Guide to...

Duration:01:30:03

Lawfare Archives: Liza Osetinskaya on Journalistic Freedom Under Putin

7/30/2022
From March 20, 2018: Shortly before last Sunday’s election in Russia, Alina Polyakova spoke to Liza Osetinskaya, editor of The Bell and former editor in chief of Forbes Russia and independent Russian news agency RBC. They discussed the Kremlin’s approach to censorship and how the Putin regime reacted when RBC, under Osetinskaya’s leadership, began covering the Panama Papers. Support this show http://supporter.acast.com/lawfare. See acast.com/privacy for privacy and opt-out information.

Duration:00:45:22

John Gleeson on ‘The Gotti Wars’

7/29/2022
John Gotti was the boss of the Gambino Crime Family in New York City and one of America's most notorious mobsters. Nicknamed “The Teflon Don” for his ability to beat criminal charges, Gotti became a celebrity mob boss and was no stranger to law enforcement. Gotti's reign was put to an end by convictions obtained by John Gleeson, a former federal prosecutor, and Gotti's conviction and others that followed eventually led to the takedown of La Cosa Nostra in New York City. Decades later,...

Duration:00:40:50

The Corporate Law Behind Musk v. Twitter

7/28/2022
You’ve likely heard that Elon Musk wanted to buy Twitter… and that he is now trying to get out of buying Twitter… and that at first he wanted to defeat the bots on Twitter… but now he’s apparently surprised that there are lots of bots on Twitter. It's a spectacle made for the headlines, but it's also, at its core, a regular old corporate law dispute. This week on Arbiters of Truth, our series on the online information ecosystem, Evelyn Douek spoke with Adriana Robertson, the Donald N....

Duration:00:59:14

The Secret Service Text Crisis

7/27/2022
The United States Secret Service is in the spotlight once again—this time because of deleted texts for the time surrounding January 6, 2021—and the organization is reeling. To discuss it, Lawfare publisher David Priess sat down with Juliette Kayyem, formerly assistant secretary for intergovernmental affairs at the Department of Homeland Security, who has served on the DHS Homeland Security Advisory Committee and has written the book, “The Devil Never Sleeps,” and also with Jonathan Wackrow,...

Duration:00:53:59

Derek Muller on Moore v. Harper and Independent State Legislature Doctrine

7/26/2022
At the end of its past term, the Supreme Court took up the case of Moore v. Harper, a challenge to North Carolina State Supreme Court rulings on elections that promises to confront the controversial independent state legislature doctrine, which argues that the Constitution empowers state legislatures over other state institutions when it comes to deciding certain election matters. Court watchers have posited that the decision could be a major one, as upholding the independent state...

Duration:00:55:15

Adkins and Alperovitch Talk About the Cyber Safety Review Board and Log4j

7/25/2022
The Cyber Safety Review Board issued its first major report this month, which focused on the Log4j disaster. So, what is the Cyber Safety Review Board, and what is Log4j? To answer these questions and others, Benjamin Wittes sat down with the deputy chair of the Cyber Safety Review Board, Heather Adkins, and board member Dmitri Alperovitch. They talked about what the board is, where it comes from, how it is composed, and what it does. And they talked about Log4j, why the board started with...

Duration:00:51:03

Lawfare Archive: The Forgotten War Remembered

7/24/2022
From July 20, 2020: This year marks the 70th anniversary of the beginning of the Korean War. Though often called the "Forgotten War," the Korean War has highly conditioned much of our contemporary international politics in East Asia, and the people of Korea continue to live with its aftermath, both in the north and in the south. And the shadow of the Korean War looms large over something we often debate on Lawfare—war powers. To commemorate the 70th anniversary of the U.S. entry into the...

Duration:00:52:07

Lawfare No Bull: Day Eight of the Jan. 6 Committee Hearings

7/24/2022
Lawfare No Bull is a podcast featuring primary source audio from the world of national security law and policy. This episode features audio from the Jan. 6 committee's eighth public hearing on July 21. The committee focused on former President Trump's actions and inactions during the insurrection, describing in detail the three hours during which the mob overran the Capitol and Trump refused to instruct his supporters to stand down. The committee also heard testimony from two Trump officials...

Duration:02:33:55

Jan. 6 Hearings, Day Eight Debrief

7/23/2022
The final hearing in the spree of hearings the Jan. 6 committee has put on this summer took place Thursday evening during prime time. It focused on Donald Trump's personal conduct in the period in which the riot was taking place. To debrief on it all, Benjamin Wittes sat down in Twitter Spaces with Lawfare publisher David Priess, Lawfare executive editor Natalie Orpett, and Lawfare senior editors Quinta Jurecic and Molly Reynolds. They talked about where this hearing fit in with the larger...

Duration:01:00:37

The Senate's Proposal for Electoral Count Act Reform

7/22/2022
The false claims of election fraud and other controversies that followed the 2020 election brought to light a number of frailties in the United States system for selecting presidents. Several have their origins in the Electoral Count Act, an 1887 law whose vagaries played a central role in efforts by John Eastman and other supporters of former President Trump to keep him in the White House, despite the election results. This past Wednesday, after months of negotiations, a bipartisan group...

Duration:00:58:04

Online Speech and Section 230 After Dobbs

7/21/2022
When the Supreme Court handed down its opinion in Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade, the impact of the decision on the internet may not have been front of mind for most people thinking through the implications. But in the weeks after the Court’s decision, it’s become clear that the post-Dobbs legal landscape around abortion implicates many questions around not only data and digital privacy, but also online speech. One piece of model state legislation, for...

Duration:00:54:16

Ryan Scoville on the Role of Subnational Diplomacy in China’s Pursuit of U.S. Technology

7/20/2022
Over the past two decades, the Chinese government has cooperated extensively with U.S. state governments on economic issues, replacing Canada as the country with the most diplomatic relations with U.S. states. To discuss how we got here and what it means for U.S.-China relations, former Lawfare managing editor Jacob Schulz sat down with Ryan Scoville, professor of law at Marquette University Law School. Jacob and Ryan discussed new evidence that sheds light on the nature of the relationships...

Duration:00:51:08