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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. Hosted on Acast. See acast.com/privacy for more 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. Hosted on Acast. See acast.com/privacy for more 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. Hosted on Acast. See acast.com/privacy for more information.

Twitter:

@lawfareblog

Language:

English


Episodes

The US, China, and Semiconductors

10/6/2022
The United States is looking to curb China's advanced computing and chip production capabilities by using the so-called Foreign-Direct Product Rule to prevent companies globally from selling certain advanced computing chips to Chinese buyers without a U.S. government license. To understand the background, the details, and the implications of this, Lawfare publisher David Priess sat down with Martijn Rasser, senior fellow and director of the Technology and National Security Program at the...

An Update on Electoral Count Act Reform

10/5/2022
After months of mostly quiet, behind-the-scenes debate, both the House and Senate seem ready to move forward with reforming the Electoral Count Act, the 1887 statute governing how Congress counts electoral votes, whose various ambiguities played a central role in unsuccessful plans to turn the 2020 election results in favor of former President Trump. Experts are all but unanimous on the need to reform the law, and both proposals have at least some bipartisan support, including from Senate...

Mark Bergen on the Rise and Rise of YouTube

10/4/2022
Today, we’re bringing you another episode of our Arbiters of Truth series on the online information ecosystem. Lawfare senior editor Quinta Jurecic spoke with Mark Bergen, a reporter for Bloomberg News and Businessweek, about his new book, “Like, Comment, Subscribe: Inside YouTube’s Chaotic Rise to World Domination.” YouTube is one of the largest and most influential social media platforms, but Bergen argues that it’s long been “criminally undercovered.” As he tells it, the story of YouTube...

Duration:01:01:38

What’s Going on in Russia, with Vindman and Ioffe

10/3/2022
There's been a lot going on in Russia: a partial mobilization, protests, a mysterious explosion underwater along the Nord Stream pipelines, and most recently, the annexation of seized Ukrainian territory in a bizarre ceremony in Moscow. To go over it all, Benjamin Wittes sat down with Julia Ioffe, currently of Puck, and Alexander Vindman, Lawfare’s Pritzker Military Fellow and a former Eastern Europe and Russia specialist for the NSC. They talked about the explosions along the Nord Stream...

Duration:00:44:36

Chatter: Hurricanes and Governmental Response with Eric Jay Dolin

10/2/2022
Every year, the eastern United States faces the prospect—and, too often, the reality—of major hurricanes that cause extensive physical and financial damage. This year is no exception; even as Hurricane Ian approaches the Gulf Coast, more storms are likely in the coming weeks. On this episode of Chatter, David Priess chatted with author Eric Jay Dolin about the history of Atlantic hurricanes, with a special focus on such storms' influence on U.S. national security. They spoke about the...

Duration:01:22:17

Lawfare Archive: Bart Gellman on 'Dark Mirror'

10/1/2022
From Monday, June 1, 2020: Journalist Bart Gellman is the author of the new book, "Dark Mirror: Edward Snowden and the American Surveillance State." Jack Goldsmith sat down with Gellman to discuss the book. They spoke about Gellman's reporting on the Snowden affair, the scope of the National Security Agency's surveillance capabilities, and press freedom as it relates to national security reporting. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy...

Duration:01:01:32

Shane Reeves and Rob Lawless on Data-Rich Battlefields and the Future LOAC

9/30/2022
In modern-day warfare, data is considered a weapons system, and the Russia-Ukraine armed conflict gives us some perspective into what warfare looks like in a data-rich, hyperconnected world. To talk about the pervasiveness of data in contemporary and future warfare, Lawfare senior editor Stephanie Pell sat down with Brigadier General Shane Reeves, the dean of the Academic Board at West Point, and Robert Lawless, assistant professor in the Department of Law at West Point, to discuss their new...

Duration:00:51:40

What Happened at the UN General Assembly Session, with Richard Gowan

9/29/2022
This week marked the end of the 77th session of the UN General Assembly, an annual event that brings world leaders together in New York and often serves as both a forum for and a barometer of international politics. This year's session was particularly notable, both because it was the first in-person session since the onset of the global coronavirus pandemic and because it was the first session since what many see as the greatest crisis in the United Nations history: Russia's invasion of...

Duration:00:47:12

How to Fix the Insurrection Act

9/28/2022
For much of its history, the United States has had a single law on the books that governs when the president can deploy the military to enforce federal law within the United States: the Insurrection Act. While the act hasn't been invoked in decades, it played an important role in several recent controversies, including the acts of Jan. 6. Now, some scholars have written the Jan. 6 commission, urging that it be included in the broader set of reforms that committee is reportedly getting ready...

Duration:00:54:45

Brian Winter on the Imminent Election Crisis in Brazil

9/27/2022
In just under a week, on October 2, Brazil will hold the first round of its general election, which will determine the country's next president. To talk through all things Brazilian politics, Lawfare managing editor Tyler McBrien sat down with Brian Winter, editor-in-chief of Americas Quarterly and a journalist with over a decade of experience living and reporting across Latin America. They discussed the leading candidates, Jair Bolsonaro and Luiz Inácio Lula da Silva, the potential election...

Duration:00:32:33

Roger Parloff Keeps His Oath

9/26/2022
Stewart Rhodes, the chieftain of the Oath Keepers, goes on trial this week for seditious conspiracy. The trial is expected to run about five weeks, with jury selection sort of already underway. The opening of the trial gives us a great opportunity to catch up with Lawfare senior editor Roger Parloff on the Oath Keepers, the chief defendant Stewart Rhodes, and the larger project of criminal accountability for the Jan. 6 riot and insurrection. Lawfare editor-in-chief Benjamin Wittes sat down...

Duration:00:40:56

Rational Security 2.0: The “Korea Culpa” Edition

9/25/2022
This week on Rational Security, Alan, Quinta, and Scott went guestless to discuss the week’s big national security news, including: economicgang warfareopinionNetChoice v. Paxtonfly undocumented migrantscriminal investigation Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Duration:01:06:13

Lawfare Archive: A Deep Dive on China and the Uighurs

9/24/2022
From July 15, 2020: We talk a lot about Chinese policy in Hong Kong, but there's another human rights crisis going on in China in the province of Xinjiang. It concerns the Turkic minority known as the Uighurs whom the Chinese government has been rounding up and putting in reeducation camps. It is an ugly story—one that the Chinese government has gone to great lengths to keep from international attention, with some degree of success. To walk us through the situation in Xinjiang, Benjamin...

Duration:01:00:43

The Fifth Circuit is Wrong on the Internet

9/23/2022
Our Arbiters of Truth series on the online information ecosystem has been taking a bit of a hiatus—but we’re back! On today’s episode, we’re discussing the recent ruling by the U.S. Court of Appeals for the Fifth Circuit in NetChoice v. Paxton, upholding a Texas law that binds large social media platforms to certain transparency requirements and significantly limits their ability to moderate content. The decision is truly a wild ride—so unhinged that it’s difficult to figure out where First...

Duration:00:56:43

Dan Byman on Content Moderation Tools to Stop Extremism

9/22/2022
There's enormous debate about how much social media platforms should be doing to moderate extremist content. But that debate often lacks nuance about the many different ways that platforms can moderate and that moderation is not an all or nothing proposition. Daniel Byman is a professor at Georgetown University's School of Foreign Service and Lawfare’s foreign policy editor. He recently published a paper for Lawfare’s ongoing Digital Social Contract Research Paper series in which he lays...

Foreign Agents and the Barrack Indictment

9/21/2022
This past Monday, the criminal trial of Thomas Barrack began in federal court in the Eastern District of New York. Barrack, who served as an informal advisor to the 2016 Trump campaign and then as chair of Trump's inaugural committee, is alleged to have acted as a foreign agent of the United Arab Emirates. According to the indictment, Barrack acted as a back channel for the UAE to influence U.S. foreign policy. Lawfare executive editor Natalie Orpett sat down with Alex Iftimie, a partner at...

Duration:00:38:29

Geoffrey Berman on ‘Holding the Line’

9/20/2022
Geoffrey Berman was the U.S. Attorney for the Southern District of New York in the Trump administration. He was appointed under peculiar circumstances, and he was fired under even more peculiar circumstances. He is now a partner at the law firm of Fried Frank, and he’s the author of the new book, “Holding the Line: Inside the Nation's Preeminent U.S. Attorney's Office and Its Battle with the Trump Justice Department.” He joined Benjamin Wittes to discuss the book’s shocking revelations of...

Duration:00:45:23

Judge Cannon’s Latest Mar-a-Lago Ruling

9/19/2022
On September 15, Judge Aileen Cannon of the U.S. District Court for the Southern District of Florida issued two key rulings in the Mar-a-Lago documents case. She appointed Judge Raymond Dearie of the Eastern District of New York as the special master reviewing the documents and denied the Justice Department’s motion for a partial stay of her previous injunction barring the department from using the documents seized from Mar-a-Lago in its criminal investigation. The next day, Friday,...

Duration:00:55:18

Chatter: CIA Paramilitary Ops in Reality and Fiction

9/18/2022
Of all of the Central Intelligence Agency's activities, paramilitary operations might remain the least understood. This, in part, is both a cause and a consequence of inaccurate portrayals of such work in prominent movies; it's also because fewer memoirs come from the CIA's Special Activities Division than from traditional human intelligence collectors and from analysts. David Priess chatted with former CIA officer Ric Prado about the fiction and the reality of CIA paramilitary operations,...

Duration:01:11:29

Lawfare Archive: A Real, Live Framer of the Constitution

9/17/2022
From March 17, 2018: In 1963, John Feerick became a witness to and a framer of our constitutional history. Within two years of graduating from law school, Feerick had written an influential law review article on presidential disability and succession, joined the ABA’s blue-ribbon commission to create a solution to those problems, and became a confidant and an adviser to the members of Congress who wrote the 25th amendment. As many in the public wonder about the current president’s fitness,...

Duration:00:34:36