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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

Alan Rozenshtein Says the Slope Isn’t That Slippery

12/9/2022
The DC Circuit Court of Appeals on Wednesday heard oral arguments in the case of Blassingame v. Trump, an appeal from a civil lawsuit against the former president over Jan. 6. The question before the appeals court is: Does a president have immunity from lawsuit even when he's accused of stirring up a mob against a coordinate branch of government engaged in a function constitutionally entrusted to it? The judges seemed skeptical of the former president's argument, which was a bit of a...

Duration:00:41:54

Dissecting the Oral Arguments in Moore v. Harper

12/8/2022
On Wednesday, the Supreme Court heard oral arguments in what may be the biggest case of the term: Moore v. Harper. In that case, North Carolina’s state legislature is arguing that the state Supreme Court lacks the legal authority to review the heavily gerrymandered congressional districts it has enacted, on the grounds that the Constitution's elections clause gives that authority exclusively to the state legislatures—an argument often referred to as the independent state legislature...

Duration:00:56:12

Regulating AI with Alex Engler

12/7/2022
Earlier this fall, the Biden administration released what it called a “Blueprint for an AI Bill of Rights,” a policy document that lays out a five-pillar strategy for how the United States intends to wrestle with and regulate the challenges arising from the increasingly common use of artificial intelligence. In recent weeks, the European Union has been wrestling with its own AI regulation challenges and is now on the verge of releasing its own similar strategy. Lawfare senior editor Scott...

Duration:00:48:05

J. Edgar Hoover and the Making of the American Century

12/6/2022
J. Edgar Hoover served as director of the Federal Bureau of Investigation for 48 years, from 1924 until 1972. Since his death, Hoover has become one of the most reviled figures in American history due to FBI operations under his leadership to spy on Americans, including government officials, in order to manipulate democratic politics. To discuss Hoover's extraordinary role in American politics in the 20th century and the continuing influence of his legacy today, Lawfare co-founder and...

Duration:01:01:38

An 11th Circuit Mar-a-Lago Debrief

12/5/2022
On Thursday afternoon, the 11th Circuit Court of Appeals issued a ruling in the amusingly captioned case Trump v. United States of America. The three-judge panel vacated District Judge Aileen Cannon's order appointing a special master to review the material seized at Mar-a-Lago by the Justice Department, and it ruled in scathing language that she had no authority to entertain the case at all To go over it all, Lawfare editor-in-chief Benjamin Wittes sat down before a live audience on...

Duration:00:53:08

Chatter: Pandemics and Political Violence with Brian Michael Jenkins

12/4/2022
Plagues periodically exact a heavy toll on human life—and much more. They devastate economies, exacerbate social disorder, shock governance systems, provide fodder for political violence, and interact in surprising ways with terrorism. In this episode of Chatter, David Priess and longtime RAND Corporation terrorism expert Brian Michael Jenkins talk about the long nature of pandemics, the history of public resistance to efforts to protect public health, links between plagues and social...

Duration:01:28:18

Lawfare Archive: Sophia Yan Reports from Quarantine in Beijing

12/3/2022
From April 28, 2020: Sophia Yan, a correspondent for the London Telegraph, joined Benjamin Wittes from Beijing where she is in coronavirus lockdown after traveling to Wuhan, China, to see how it was recovering from being the coronavirus epidemic center earlier in the year. They talked about what Wuhan looks like these days, what quarantine means in China, and how close the surveillance is. And they talked about the Chinese government, how it is responding to the crisis, and about how the...

Duration:00:37:29

Kurt Sanger on Cyber Conflict and the Law

12/2/2022
U.S. Cyber Command was established on May 21, 2010, and is the second youngest unified combatant command after U.S. Space Command in the United States. As explained in the Command history, U.S. Cyber Command operates globally in real time against determined and capable adversaries. Lawyers who work in the Office of the Staff Judge Advocate at Cyber Command provide legal advice on a range of issues, including the legality of offensive cyber operations. Lawfare senior editor Stephanie Pell...

Duration:00:47:16

Sophia Yan on the China Protests

12/1/2022
Protests have broken out in China over the zero-Covid policy, over lockdowns, and even over the rule of newly appointed third-term leader Xi Jinping. The government has begun a crackdown, there have been arrests, there have been intimidating interrogations, there have been street closures, and there has been a lot of internet content removed. To go over it all and see what we can make of it, Lawfare editor-in-chief Benjamin Wittes sat down with Sophia Yan, who just left China where she has...

Duration:00:41:06

Scott R. Anderson on the Past, the Present, and the Future of the 2002 AUMF

11/30/2022
The 2002 Iraq AUMF authorized the invasion of Iraq and a variety of U.S. military activities since then, and a large bipartisan group of senators and representatives have decided it's time for it to go away. A repeal bill was passed by the House and is awaiting action in the Senate, but we don't know if there's going to be time for that action before the Senate adjourns. It’s a good opportunity to have a conversation about this orphaned AUMF that just keeps on going like the Energizer Bunny...

Duration:00:54:48

Neta Crawford on the Pentagon, Climate Change, and War

11/29/2022
The United States military was one of the first institutions in government to acknowledge the threat posed by climate change, as well as the science behind it, and yet it remains the largest single energy consumer in the country and the largest institutional greenhouse gas emitter in the world. To talk through this strategic disconnect, Lawfare managing editor Tyler McBrien sat down with Dr. Neta Crawford, Montague Burton Chair in International Relations at the University of Oxford,...

Duration:00:37:35

Stephan Haggard on What’s Going on in North Korea

11/28/2022
It's been an eventful several weeks on the Korean Peninsula, with a spree of missile tests, the sudden display of a daughter of North Korean leader Kim Jong-un, and the articulation of a remarkably aggressive nuclear doctrine. To go over it all, Lawfare editor-in-chief Benjamin Wittes sat down with Stephan Haggard, the Lawrence and Sallye Krause Professor of Korea-Pacific Studies at the School of Global Policy and Strategy at the University of California San Diego. They talked about how all...

Duration:00:49:51

Rational Security 2.0: The “Get Off My Lawn” Edition

11/27/2022
This week on Rational Security 2.0, a Quinta-less Alan and Scott welcomed Lawfare's dynamic associate editor duo, Katherine Pompilio and Hyemin Han, on to the show to talk through the week's big national security news stories, including: announced his intention to once again run for presidentappointing another Special Counsellaunched a new ICBM Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Duration:01:25:49

Lawfare Archive: Why is Government Hate Crimes Data So Terrible?

11/26/2022
From March 30, 2021: Anti-Asian violence in the United States seems to be on the rise. On March 16, a shooter killed eight people, six of whom were Asian women, at several Atlanta businesses. Across the country, Asian-Americans have shared stories of attacks and harassment, some of which involved racist language in connection with the coronavirus pandemic. Yet there is very little data available that could help journalists and policymakers make sense of this apparent trend. To understand...

Duration:00:50:23

Lawfare Archive: Law, Policy and Empire with Daniel Immerwahr

11/25/2022
From May 2, 2020: Most of us don’t think of United States history as an imperial history, but the facts are there. The law and policy surrounding westward expansion, off-continent acquisitions, and a worldwide network of hundreds of bases reveal much about how and why the United States grew as it did. Last month, David Priess spoke with Daniel Immerwahr, associate professor of history at Northwestern University and author of “How to Hide an Empire.” They talked about everything from what...

Duration:00:51:46

Lawfare Archive: The Past, Present and Future of Sovereign Immunity

11/24/2022
From December 11, 2020: This week, the Supreme Court returned once again to the complex and sometimes controversial Foreign Sovereign Immunities Act, or FSIA, that protects foreign sovereigns from litigation before U.S. courts. At the same time, Congress is once again debating new exceptions to the protections provided by the FSIA on issues ranging from cybercrime to the coronavirus pandemic, an effort that may risk violating international law and exposing the United States to similar...

Duration:01:12:10

Roger Parloff with Oath Keeper Closing Arguments

11/23/2022
For the last 29 days, Roger Parloff, Lawfare senior editor, has been sitting in on the Oath Keeper trial in Washington. The trial is now done, the jury has the case, and Roger joined Lawfare editor-in-chief Benjamin Wittes to talk about it. Which charges are likely to stick, and which ones seem weak? How did the various defendants do when they took the stand to defend themselves? And what kind of verdict do we expect when the jury eventually comes back? Support this show...

Duration:00:47:37

Alex de Waal on the Conflict in Ethiopia and Tigray

11/22/2022
Earlier this month, officials from the government of Ethiopia and representatives from the Tigray People's Liberation Front agreed to halt the two-year conflict that has been rife with accusations of ethnic cleansing, sexual violence, and famine as a weapon of war. To discuss the current state of the conflict and the prospect of peace, Lawfare managing editor Tyler McBrien sat down with Alex de Waal, executive director of the World Peace Foundation and a research professor at Tufts...

Duration:00:41:11

Karen Sokol and Chris Callahan on Climate Justice: The Interplay of Science, Law, and Policy

11/21/2022
Over the weekend, the United Nations Climate Change Conference, or COP 27, went into overtime as nations came to an historic agreement to establish a loss and damage fund. This fund is meant to give resources to countries who have experienced the worst effects of climate change. Some like to think of it as climate reparations. There are a lot of factors that might have created the momentum for this historic agreement to go through after many years. An interesting one is that it's becoming...

Duration:00:40:31

Chatter: Satellites, Space Debris, and Hollywood with Aaron Bateman

11/20/2022
Satellites have held a special place in military planning and in spy fiction alike for more than half a century. Both domains ended up devoting much attention to satellite-based weapons and anti-satellite weaponry; both have also dealt with the problem of space debris related to the latter. In this chat, David Priess and George Washington University historian Aaron Bateman talk about Bateman's early interest in satellites, early satellite technology and attempts at anti-satellite activity,...

Duration:01:22:40