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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.

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

Intimidation of State and Local Officeholders with Maya Kornberg

2/22/2024
As a new report on the intimidation of state and local officeholders from the Brennan Center for Justice points out, “The January 6 insurrection at the Capitol seemed to mark a new peak in extremist intimidation targeting public officials. But it was hardly the only act of political violence to break the period of relative stability that followed the assassinations of the 1960s.” Citing the 2017 shooting of Rep. Steve Scalise, last year’s hammer attack on Paul Pelosi, and many other cases, the report paints a troubling picture of today’s climate of political violence in America. To talk through the report and its implications, Lawfare Senior Editor Quinta Jurecic and Lawfare Managing Editor Tyler McBrien sat down with Maya Kornberg, a Research Fellow at the Brennan Center’s Elections and Government Program and one of the report’s authors. They discussed how Maya and her team surveyed so many state and local officials across a number of jurisdictions, the pervasive risks and threats those officeholders face, and how these threats are distorting U.S. democracy as a whole. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Duration:00:48:44

The Authoritarian Playbook in 2025

2/21/2024
The advocacy group Protect Democracy last month issued an updated version of its report entitled, “The Authoritarian Playbook.” The new report is called, “The Authoritarian Playbook for 2025: How an authoritarian president will dismantle our democracy and what we can do to protect it.” It is a fascinating compilation of things that Donald Trump has promised to do and how they could likely be expected to affect American democracy if he is elected to a second term in office. To discuss the report, Lawfare Editor-in-Chief Benjamin Wittes spoke with two of its authors: Genevieve Nadeau and Erica Newland, both of Protect Democracy. They talked about what's new in the report, how much of it is speculation and how much of it is simply taking Donald Trump's words seriously, opportunities to mitigate the most dire consequences of which the report warns, and whether this is just baked into the American presidency when occupied by a truly authoritarian personality. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Duration:00:51:25

The Authoritarian Playbook in 2025

2/21/2024
The advocacy group Protect Democracy last month issued an updated version of its report entitled, “The Authoritarian Playbook.” The new report is called, “The Authoritarian Playbook for 2025: How an authoritarian president will dismantle our democracy and what we can do to protect it.” It is a fascinating compilation of things that Donald Trump has promised to do and how they could likely be expected to affect American democracy if he is elected to a second term in office. To discuss the report, Lawfare Editor-in-Chief Benjamin Wittes spoke with two of its authors: Genevieve Nadeau and Erica Newland, both of Protect Democracy. They talked about what's new in the report, how much of it is speculation and how much of it is simply taking Donald Trump's words seriously, opportunities to mitigate the most dire consequences of which the report warns, and whether this is just baked into the American presidency when occupied by a truly authoritarian personality. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Duration:00:51:25

The Authoritarian Playbook in 2025

2/21/2024
The advocacy group Protect Democracy last month issued an updated version of its report entitled, “The Authoritarian Playbook.” The new report is called, “The Authoritarian Playbook for 2025: How an authoritarian president will dismantle our democracy and what we can do to protect it.” It is a fascinating compilation of things that Donald Trump has promised to do and how they could likely be expected to affect American democracy if he is elected to a second term in office. To discuss the report, Lawfare Editor-in-Chief Benjamin Wittes spoke with two of its authors: Genevieve Nadeau and Erica Newland, both of Protect Democracy. They talked about what's new in the report, how much of it is speculation and how much of it is simply taking Donald Trump's words seriously, opportunities to mitigate the most dire consequences of which the report warns, and whether this is just baked into the American presidency when occupied by a truly authoritarian personality. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Duration:00:51:25

The Authoritarian Playbook in 2025

2/21/2024
The advocacy group Protect Democracy last month issued an updated version of its report entitled, “The Authoritarian Playbook.” The new report is called, “The Authoritarian Playbook for 2025: How an authoritarian president will dismantle our democracy and what we can do to protect it.” It is a fascinating compilation of things that Donald Trump has promised to do and how they could likely be expected to affect American democracy if he is elected to a second term in office. To discuss the report, Lawfare Editor-in-Chief Benjamin Wittes spoke with two of its authors: Genevieve Nadeau and Erica Newland, both of Protect Democracy. They talked about what's new in the report, how much of it is speculation and how much of it is simply taking Donald Trump's words seriously, opportunities to mitigate the most dire consequences of which the report warns, and whether this is just baked into the American presidency when occupied by a truly authoritarian personality. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Duration:00:51:25

Joel Braunold on the State of the Gaza Crisis

2/20/2024
The conflict in Gaza is headed toward a critical juncture. Israeli political leaders have signaled their intent to assault Rafah, one of the final safe havens for displaced Gazan civilians—a move that U.S. and other international leaders fear could trigger a humanitarian crisis, or the long-term displacement of Palestinians from Gaza. Meanwhile, negotiations for both a ceasefire and a longer term resolution of the crisis are ongoing, but have little to show thus far. To discuss the many moving pieces of the Gaza conflict, Lawfare Senior Editor Scott R. Anderson sat down once again with Joel Braunold, Managing Director at the S. Daniel Abraham Center for Middle East Peace and someone who has long been involved in Middle East peace efforts. They discussed the current state of Israel’s military operations, how it is impacting (and being impacted by) domestic politics in Israel and elsewhere, and the significance of recent events ranging from the International Court of Justice’s grant of provisional measures to the Biden administration’s efforts to sanction the perpetrators of West Bank settler violence—all with an eye for better understanding where this crisis may yet be headed. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Duration:01:00:34

Lawfare Archive: Christopher Moran on ‘Company Confessions: Secrets, Memoirs, and the CIA’

2/19/2024
From December 10, 2016: This week at the Hoover Book Soiree, Jack Goldsmith interviewed Christopher Moran, a professor at the University of Warwick, on his book “Company Confessions: Secrets, Memoirs, and the CIA.” Moran's work is a history of CIA memoirs, but it's also a history of the Agency itself and its efforts to shape its image in the public eye. How does an organization whose work depends on keeping secrets justify its efforts within a democratic society? Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Duration:00:38:51

Rational Security: The “Licking the Cow” Edition

2/18/2024
This week, Alan, Quinta, and Scott were once again joined by co-host emeritus Benjamin Wittes to talk through the week's big national security news, including: Trump v. AndersonFor object lessons, Alan recommended the weirdness of Donald Glover's new spy remake, "Mr. & Mrs. Smith." Quinta urged listeners to check out a recent New York Times piece on "How Mark Meadows Became the Least Trusted Man in Washington." Scott mourned the end of football season by endorsing the sportsfan comedy of Annie Agar. And Ben announced that he had completed his quest to identify the worst rhetorical question headline ever. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Duration:01:17:56

Trump’s Trials and Tribulations: A Wild and Woolly Week

2/17/2024
It’s another episode of “Trump’s Trials and Tribulations,” this one recorded before a live audience on Zoom on Friday afternoon. It’s been a wild week in Trump coverage. We’ve got a judgment from New York, we’ve got the best evidentiary hearing ever held in Fulton County, we’ve got Tyler McBrien at the scheduling conference for the New York criminal trial, and we’ve got updates from Florida and Washington. Joining Lawfare Editor-in-Chief Benjamin Wittes were Lawfare Senior Editor Roger Parloff, Lawfare Managing Editor Tyler McBrien, and Lawfare Legal Fellow and Courts Correspondent Anna Bower, and they covered it all. They also took audience questions from Lawfare Material Supporters and, this week, guests. To be able to submit questions to the panelists, you should become a Material Supporter at lawfaremedia.org/support. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Duration:01:25:43

Lawfare Archive: Jim Baker on FISA Errors

2/17/2024
From April 10, 2020: Jim Baker served as general counsel for the Federal Bureau of Investigation. He was also the counsel for the Office of Intelligence Policy and Review at the Justice Department, where he supervised FISA applications. He joined Benjamin Wittes in the virtual Jungle Studio to discuss Inspector General Michael Horowitz's shocking report on inaccuracy in FISA applications, and the problems at the FBI that led to these errors. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Duration:00:45:51

Itsiq Benizri on the EU AI Act

2/16/2024
The EU has finally agreed to its AI Act. Despite the political agreement reached in December 2023, some nations maintained some reservations about the text, making it uncertain whether there was a final agreement or not. They recently reached an agreement on the technical text, moving the process closer to a successful conclusion. The challenge now will be effective implementation. To discuss the act and its implications, Lawfare Fellow in Technology Policy and Law Eugenia Lostri sat down with Itsiq Benizri, counsel at the law firm WilmerHale Brussels. They discussed how domestic politics shaped the final text, how governments and businesses can best prepare for new requirements, and whether the European act will set the international roadmap for AI regulation. You can listen to Eugenia’s October conversation about approaches to AI regulation with Itsiq and Arianna Evers here. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Duration:00:43:23

Chatter: Life and Death in Ukraine with Journalist Christopher Miller

2/15/2024
In February 2022, Russia launched a full scale invasion into Ukraine in the largest attack on a European country since World War II. This invasion did not start a new war, but escalated the ongoing Russo-Ukrainian War that started in 2014 when Russian forces captured Crimea and invaded the Donetsk and Luhansk oblasts. In his book, “The War Came to Us: Life and Death in Ukraine,” author and journalist Christopher Miller tells the story of the past fourteen years in Ukraine through his personal experiences living and reporting in Ukraine since 2010. For this week’s Chatter episode, Anna Hickey spoke with Chris Miller about his book, what led to the full scale invasion in 2022, the 2014 capture of Crimea, and his journey from being a Peace Corps volunteer in Bakhmut in 2010 to a war correspondent. Among the works mentioned in this episode: The War Came to Us: Life and Death in UkraineDocuments show Russian separatist commander signed off on executions of three men in SlovianskVoroshilovgrad Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Duration:00:47:54

Jonathan Cedarbaum and Matt Gluck on the NDAA’s Cyber Provisions

2/15/2024
The National Defense Authorization Act, or NDAA, is considered must-pass legislation and is increasingly becoming the only reliable vehicle for national cyber policymaking. Lawfare Senior Editor Stephanie Pell sat down with Jonathan Cedarbaum, Professor of Practice at George Washington University Law School and Book Review Editor at Lawfare, and Matt Gluck, Research Fellow at Lawfare, to talk about the key cyber provisions of the NDAA for Fiscal Year 2024. They talked about new cyber provisions that address threats from Mexican criminal organizations and China, along with how some of the new cyber provisions expand the military’s role in protecting against threats to critical infrastructure. They also discussed what Jonathan and Matt would like to see in future versions of the NDAA. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Duration:00:50:39

Constitutional Law, International Law, and the State

2/14/2024
Many international law scholars are skeptical about the efficacy of international law to shape state behavior—and even international law's reality as law—because it lacks a centralized hierarchical legislature, executive branch, or judiciary. In his new book, “Law for Leviathan: Constitutional Law, International Law, and the State,” Daryl Levinson of NYU Law School challenges this conception of international law by arguing that it is structurally similar to domestic constitutional law in its ability to constrain states and in its strategies for doing so. Jack Goldsmith sat down with Levinson to discuss the challenge of regulating the state through both international law and constitutional law and what constitutional law theory can learn from international relations theory about how this happens. They also discussed how IR balance of power theory is like Madison's conception of constitutionalism, the implications for his theory for understanding how to hold states accountable for illegal action, and how to think about these ideas in light of the ostensible waning of state power in the modern era. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Duration:00:55:53

‘God, Guns, and Sedition’ with Bruce Hoffman and Jacob Ware

2/13/2024
Unfortunately, Americans are certainly not strangers to far-right terrorism. From the 2015 mass murder at a historic Black church in Charleston, to the 2017 Unite the Right rally in Charlottesville, to the Jan. 6 attack on the U.S. Capitol, these horrific incidents are only the latest in a decades-long process, in which harmful conspiracy theories, radical ideologies, and hostility toward government come together to form a grave and increasing threat to democracy. In their book, “God, Guns, and Sedition: Far-Right Terrorism in America,” Bruce Hoffman and Jacob Ware tell the story of the rise of far-right terrorism—and explain how to counter it. Lawfare Associate Editor Katherine Pompilio sat down with Hoffman and Ware to unpack their book. They discussed the historical trajectory of violent right-wing extremism, Donald Trump’s effect on these groups and the threat of far-right terrorism heading into the 2024 election, how to address the issue, and more. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Duration:00:58:51

A Victory for Guatemalan Democracy

2/12/2024
On January 15, Bernardo Arévalo took office as the new president of Guatemala. The transfer of power had been far from assured: after Arévalo triumphed in August elections as an anti-corruption reformer, Guatemala’s political elite did their best to throw legal obstacles in his way and prevent him from taking power. His presidency represents a stunning victory for Guatemalan democracy, which has long been under threat. But there are plenty of difficulties still ahead. To catch up on what’s been happening in Guatemala, Lawfare Senior Editor Quinta Jurecic spoke with Vaclav Masek, a Guatemalan sociologist and columnist. They discussed how Arévalo triumphed, the significance of his victory for Guatemala and the region, and what all this might tell us about the ability of democracies to resist authoritarian backsliding around the world. If you’re interested in more on Arévalo, you can also listen to Quinta’s conversation from August with Manuel Meléndez-Sánchez about the election and Arévalo’s victory. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Duration:00:55:53

A Victory for Guatemalan Democracy

2/12/2024
On January 15, Bernardo Arévalo took office as the new president of Guatemala. The transfer of power had been far from assured: after Arévalo triumphed in August elections as an anti-corruption reformer, Guatemala’s political elite did their best to throw legal obstacles in his way and prevent him from taking power. His presidency represents a stunning victory for Guatemalan democracy, which has long been under threat. But there are plenty of difficulties still ahead. To catch up on what’s been happening in Guatemala, Lawfare Senior Editor Quinta Jurecic spoke with Vaclav Masek, a Guatemalan sociologist and columnist. They discussed how Arévalo triumphed, the significance of his victory for Guatemala and the region, and what all this might tell us about the ability of democracies to resist authoritarian backsliding around the world. If you’re interested in more on Arévalo, you can also listen to Quinta’s conversation from August with Manuel Meléndez-Sánchez about the election and Arévalo’s victory. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Duration:00:55:53

A Victory for Guatemalan Democracy

2/12/2024
On January 15, Bernardo Arévalo took office as the new president of Guatemala. The transfer of power had been far from assured: after Arévalo triumphed in August elections as an anti-corruption reformer, Guatemala’s political elite did their best to throw legal obstacles in his way and prevent him from taking power. His presidency represents a stunning victory for Guatemalan democracy, which has long been under threat. But there are plenty of difficulties still ahead. To catch up on what’s been happening in Guatemala, Lawfare Senior Editor Quinta Jurecic spoke with Vaclav Masek, a Guatemalan sociologist and columnist. They discussed how Arévalo triumphed, the significance of his victory for Guatemala and the region, and what all this might tell us about the ability of democracies to resist authoritarian backsliding around the world. If you’re interested in more on Arévalo, you can also listen to Quinta’s conversation from August with Manuel Meléndez-Sánchez about the election and Arévalo’s victory. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Duration:00:55:53

Rational Security: The “Fecund Season” Edition

2/11/2024
This week on Rational Security, Alan made his long-awaited return to the podcast for a (brief, so savor it) reunion with Quinta and Scott to talk over the week’s big national security news, including: For object lessons, Alan shared the thing he spent most of his time off on: his new substack, “The Rozy Outlook.” In light of this week’s oral arguments in Trump v. Anderson, Quinta recommended Mark Graber’s book on the 14th Amendment, "Punish Treason, Reward Loyalty." And Scott urged listeners to check out one of his favorite Twitter threads in recent memory, asking “who got that one Jeopardy clip”? Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Duration:01:15:59

Rational Security: The “Fecund Season” Edition

2/11/2024
This week on Rational Security, Alan made his long-awaited return to the podcast for a (brief, so savor it) reunion with Quinta and Scott to talk over the week’s big national security news, including: For object lessons, Alan shared the thing he spent most of his time off on: his new substack, “The Rozy Outlook.” In light of this week’s oral arguments in Trump v. Anderson, Quinta recommended Mark Graber’s book on the 14th Amendment, "Punish Treason, Reward Loyalty." And Scott urged listeners to check out one of his favorite Twitter threads in recent memory, asking “who got that one Jeopardy clip”? Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Duration:01:15:59