Filtra per genere
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.
- 2748 - Lawfare Archive: A Band-Aid for a Bomber: Is Medical Assistance to Terrorists Protected Under IHL?
From September 12, 2015: On this week’s Lawfare Podcast, Benjamin Wittes sits down with Professor Gabriella Blum, professor at Harvard Law School, and Dustin Lewis, a senior researcher at Harvard Law Schools’ Program on International Law and Armed Conflict, to discuss their new report written with Naz Modirzadeh entitled Medical Care in Armed Conflict: IHL and State Responses to Terrorism. The conversation takes a look at whether we should consider medical care a form of illegitimate support to terrorists. Their argument? We shouldn't, because IHL lays down extensive protections for medical care, and those protections in many instances should also constrain domestic material support cases. Yet the authors make clear that in their view, there's also more to be done, as there are gaps and weaknesses in the protections afforded by IHL itself.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Sun, 12 May 2024 - 29min - 2747 - Lawfare Archive: After Trump, Episode 4: Prosecuting a President
From May 3, 2021: In the fourth episode of “After Trump,” the six-part limited podcast series based on the book, "After Trump: Reconstructing the Presidency," by Bob Bauer and Jack Goldsmith, we explore how and when a president is held to account for wild and sometimes criminal behavior.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Sat, 11 May 2024 - 37min - 2746 - Trump Trials and Tribulations: N.Y. Trial Dispatch (May 10, 2024)
It's Trump's Trials and Tribulations, New York Trial Dispatch, May 10. Roger Parloff sat down with Benjamin Wittes, Anna Bower, and Business Insider's Jacob Shamsian to discuss what happened in the courtroom today.
The podcast was edited by Noam Osband of Goat Rodeo. Our theme song is from Alibi Music.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Sat, 11 May 2024 - 31min - 2745 - Lawfare Daily: David Pozen on ‘The Constitution of the War on Drugs’
David Pozen is the Charles Keller Beekman Professor of Law at Columbia Law School and the author of the new book, “The Constitution of the War on Drugs,” which examines the relationship between the Constitution and drug prohibitions. He joined Jack Goldsmith to talk about the constitutional history of the war on drugs and why the drug war was not curbed by constitutional doctrines about personal autonomy, limits on the federal government’s power, the Equal Protection Clause, or the prohibition on cruel and unusual punishment. They also talked about whether the political process is working with advancing decriminalization and how this impacts the constitutional dimension of the drug war.
To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Fri, 10 May 2024 - 54min - 2744 - Trump Trials and Tribulations: N.Y. Trial Dispatch (May 9, 2024)
It's Trump's Trials and Tribulations, New York Trial Dispatch, May 9. Roger Parloff sat down with Tyler McBrien, Benjamin Wittes, and Claire Meynial to discuss what happened in the courtroom today.
The podcast was edited by Noam Osband of Goat Rodeo. Our theme song is from Alibi Music.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Fri, 10 May 2024 - 30min - 2743 - Rational Security: The “B- B-Roll” Edition
This week, Alan, Quinta, and Scott were joined by Lawfare’s Fellow in Technology Policy and Law Eugenia Lostri, to to hash through the week’s big national security news, including:
“Digital Solid Parody.” The Biden administration is making major moves when it comes to emerging technologies, with Secretary of State Antony Blinken rolling out a new multilateral strategy for “digital solidarity” this week at the annual RSA cybersecurity conference, among other actions. What is new about what the Biden administration is doing? And where will it lead? “Avengers’ Endgame.” Israeli military operations in Gaza may be entering a final stage, as forces may have begun an assault on Rafah—one that U.S. policymakers have warned against, as it could harm the countless Gazan civilians that have sought refuge there. Will this be a breaking point for U.S. support for Israeli military operations? And how will it impact ongoing ceasefire negotiations?“Stomp and Circumstance.” College campuses around the country are at a standstill due to student protests over U.S. support for the war in Gaza. Some universities have agreed to consider student demands, including divestment, while others have worked with local law enforcement to arrest protesters and break up encampments. How should universities (and the Biden administration) be responding?For object lessons, Alan endorsed the new period miniseries Fellow Travelers. Lacking any Menendez updates, Quinta broadened her beat to cover the new indictment of Rep. Henry Cuellar (D-TX). Scott sang the praises of a childhood classic he and his son have rediscovered, James Gurney’s “Dinotopia.”And Eugenia celebrated the early look at retirement provided by one of her favorite video games, Sims 4.
To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Thu, 09 May 2024 - 1h 17min - 2742 - Lawfare Daily: Trump Trials and Tribulations Weekly Round-up (May 8, 2024)
This episode of “Trump's Trials and Tribulations,” was recorded on May 8 in front of a live audience on YouTube and Zoom. Lawfare Editor-in-Chief Benjamin Wittes talked to Lawfare Senior Editor Roger Parloff, Managing Editor Tyler McBrien, and Legal Fellow and Courts Correspondent Anna Bower about Judge Cannon’s order suspending the trial start date of May 20 in the classified documents case, the Georgia Court of Appeals decision to hear former President Trump and his co-defendants’ appeal of Judge McAfee’s decision keeping DA Fani Willis on the case, and more. And of course they took audience questions from Lawfare Material Supporters on Zoom.
To be able to submit questions to the panelists and receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.
The podcast was edited by Noam Osband of Goat Rodeo. Our theme song is from Alibi Music.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Thu, 09 May 2024 - 1h 11min - 2741 - Lawfare Daily: Juliette Kayyem on the New Critical Infrastructure Memo
The White House on April 30 released a “National Security Memorandum on Critical Infrastructure Security and Resilience.” According to the White House, the memo marks the beginning of a new comprehensive initiative to safeguard U.S. infrastructure against current threats and those on the horizon. The Department of Homeland Security is tasked with leading this effort—through coordination with other federal agencies, states and localities, and private-sector actors.
Lawfare Research Fellow Matt Gluck discussed the memo and what it reveals about the U.S. strategy for protecting its critical infrastructure with Juliette Kayyem, a Professor of International Security at the Harvard Kennedy School. What does it mean to share responsibility and information in this context? How does geopolitics affect the United States’ approach to protecting critical infrastructure? Which types of infrastructure are more closely tied to national security than others?
To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Wed, 08 May 2024 - 30min - 2740 - Trump Trials and Tribulations: N.Y. Trial Dispatch (May 7, 2024)
It's Trump's Trials and Tribulations, New York Trial Dispatch, May 7. Roger Parloff sat down with Tyler McBrien, Benjamin Wittes, and Claire Meynial to discuss what happened in the courtroom today.
The podcast was edited by Noam Osband of Goat Rodeo. Our theme song is from Alibi Music.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Wed, 08 May 2024 - 30min - 2739 - Chatter: Phantom Orbit with Journalist David Ignatius
David Ignatius has worked at the Washington Post for more than 35 years in various roles and won many awards. He has written a column on foreign affairs for 25 years and reported some of the most significant national security stories over the last couple of decades. And he has done it while pumping out best-selling spy thrillers.
Lawfare Research fellow Matt Gluck spoke with Ignatius about his newest spy thriller, Phantom Orbit, which is a story of intelligence and the advance of space technology in the age of intensified geopolitical competition between the U.S., China, and Russia. They spoke about Ignatius’s character development in the book, what the book reveals about the new strategic space race, gender in the Central Intelligence Agency, and scientific discovery, among other things.
For more about David:
His book “Phantom Orbit”David’s Twitter PageChatter 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.
Tue, 07 May 2024 - 1h 02min - 2738 - Lawfare Daily: Wargaming’s Past, Present, and Future with Andrew Reddie
Andrew Reddie is an Associate Research Professor of Public Policy at the University of California, Berkeley, and the founder and faculty director of the Berkeley Risk and Security Lab. Lawfare Managing Editor Tyler McBrien spoke with Andrew about wargaming as a tool to manage risk from war to climate—and beyond.
To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Tue, 07 May 2024 - 37min - 2737 - Trump Trials and Tribulations: N.Y. Trial Dispatch (May 6, 2024)
It's Trump's Trials and Tribulations, New York Trial Dispatch, May 6. Roger Parloff sat down with Tyler McBrien, Benjamin Wittes, and Anna Bower to discuss what happened in the courtroom today.
The podcast was edited by Noam Osband of Goat Rodeo. Our theme song is from Alibi Music.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Tue, 07 May 2024 - 30min - 2736 - Lawfare Daily: Benjamin Wittes on Israel, Gaza, and Implications for U.S. Foreign and Domestic Policy
On April 24, Lawfare Editor-in-Chief Benjamin Wittes delivered a Watson Distinguished Lecture at the Watson Institute for International and Public Affairs at Brown University to discuss the Israel-Gaza war and the implications for U.S. foreign and domestic policy. He talked about Israel’s incompatible objectives of freeing hostages and eradicating Hamas, the moral context of the war, U.S.-Israeli relations in this context, what the U.S. and Israel still have in common—and what they no longer have in common—in this environment, and how the war could affect U.S. presidential elections.
To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Mon, 06 May 2024 - 1h 20min - 2735 - Lawfare Archive: Alex Vindman on the Escalation in Ukraine
From April 9, 2021: Tensions are heating up between Russia and Ukraine, seven years after the seizure by the Russians of the Crimean Peninsula and the incursions into Eastern Ukraine. With troop movements and some saber rattling, is Vladimir Putin trying to send a message to Joe Biden, or perhaps to Ukrainian President Zelensky? Is he trying to satisfy domestic constituencies or distract them? Benjamin Wittes sat down with Alexander Vindman to talk about what Russia is doing and why, and what the Biden administration should do about it.
To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Sun, 05 May 2024 - 38min - 2734 - Lawfare Archive: Natan Sachs on Bibi's Big Day in Washington
From March 7, 2015: This week, Israel's Prime Minister Benjamin Netanyahu delivered a controversial address to a joint session of Congress in a move not coordinated with President Barack Obama. The speech, repeatedly interrupted by thunderous applause, focused on the nature of the developing nuclear accord between the P5+1 and Iran and insisted a better deal was possible. The speech was also heavily colored by its proximity to the upcoming Israeli elections, with many Israel watchers wondering whether it was meant to play more to Israeli voters than to Congress. Just after Netanyahu's address, we invited Brookings Fellow Natan Sachs into the Lawfare studios to unpack the speech, including what it means for the US-Israeli relationship, the ongoing nuclear talks with Iran, and Bibi's chances in the upcoming election.
To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Sat, 04 May 2024 - 26min - 2733 - Trump Trials and Tribulations: N.Y. Trial Dispatch (May 3, 2024)
It's Trump's Trials and Tribulations, New York Trial Dispatch, May 3. Benjamin Wittes sat down with Tyler McBrien and Anna Bower to discuss what happened in the courtroom today.
The podcast was edited by Ian Enright of Goat Rodeo. Our theme song is from Alibi Music.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Sat, 04 May 2024 - 30min - 2732 - Lawfare Daily: Domestic Deployment of the National Guard
Over the past several years, governors around the country from both political parties have used their respective National Guards for an increasingly unconventional array of domestic missions, ranging from teaching in public schools to regulating immigration at the southern border. To discuss how this trend may impact the National Guard—and our broader democracy, particularly in this pivotal election year—LawfareSenior Editor Scott R. Anderson recently sat down with a panel of senior former National Guard and Defense Department officials, including: General Craig McKinley, General Joseph Lengyel, Brigadier General Allyson Solomon, Major General Daryl Bohac, and former Assistant Secretary of Defense Dr. Paul Stockton.
A video recording of the panel is available at https://www.brookings.edu/events/domestic-deployment-of-the-national-guard/.
To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Fri, 03 May 2024 - 1h 21min - 2731 - Trump Trials and Tribulations: N.Y. Trial Dispatch (May 2, 2024)
It's Trump's Trials and Tribulations, New York Trial Dispatch, May 2. Benjamin Wittes sat down with Tyler McBrien and Anna Bower to discuss what happened in the courtroom today.
The podcast was edited by Ian Enright of Goat Rodeo. Our theme song is from Alibi Music.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Fri, 03 May 2024 - 30min - 2730 - Rational Security: The “RatSecapella” Edition
This week, Alan, Quinta, and Scott were joined by Lawfare Contributing Editor Eric Ciaramella to talk through the week’s big natsec stories, including:
“Not Done Nyet.” U.S. foreign assistance is finally on its way to Ukraine, along with additional support from European allies. But will it be enough to solidify or advance the beleaguered Ukrainian military’s position? What is the state of the conflict and how does it look set to move forward?“Official Tracts.” Last week, the Supreme Court heard wide-ranging arguments in Trump v. United States, the appeal of Trump’s criminal prosecution for events related to Jan. 6 considering his far-reaching claims of presidential immunity. Several of the justices seemed quite committed to weighing in on where the lines of immunity should be drawn (even if few seemed to think they were relevant in this particular case), but there was far less consensus on the actual limits. Where is the Court headed and what will it mean for Trump’s prosecution? “Live and Let Modi.” The Washington Posthas broken a major story suggesting that the United States inadvertently disrupted a plot by Indian intelligence to assassinate a Sikh dissident (and U.S. national) on U.S. territory. What will this major breach of sovereignty mean for the budding U.S.-India alliance? And how should the Biden administration manage it?For object lessons, Alan got on the Amor Towles admiration train and endorsed both his book “A Gentleman in Moscow” and the forthcoming TV adaptation. Quinta recommended the classic 2003 journalism period piece “Shattered Glass.” Scott log-rolled for a forthcoming project by our friends at Goat Rodeo and Project Brazen: Fur and Loathing, which looks at one of the most significant chemical weapons attacks in U.S. history, which took place at a 2014 convention for furries. And Eric shared a cultural lesson his Italian friend impressed upon him about the impropriety of drinking a cappuccino after 11:00am.
To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Thu, 02 May 2024 - 1h 15min - 2729 - Trump Trials and Tribulations: Weekly Round-Up (May 1, 2024)
It's another episode of “Trump's Trials and Tribulations,” recorded on May 1 in front of a live audience on YouTube and Zoom.
Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Legal Fellow Anna Bower and Lawfare Senior Editors Roger Parloff and Quinta Jurecic to talk about state-level prosecutions of "fake electors," what Judge Cannon is up to in the classified documents case, and what has happened in the New York hush money and election interference trial so far. And of course, they took audience questions from Lawfare Material Supporters on Riverside.
To receive ad-free podcasts and to be able to submit questions to the panelists, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Thu, 02 May 2024 - 1h 25min - 2728 - Lawfare Daily: Protecting Information and Communications Technology and Services, with Director Elizabeth Cannon
What do port cranes, TikTok, artificial intelligence, and connected vehicles have in common? They may all be subject to regulation by a new office within the Department of Commerce: the Office of Information and Communications Technology and Services (OICTS).
Between 2019 and 2023, the president issued multiple executive orders aimed at securing the United States' information and communications technology and services. They focused on the supply chain, cybersecurity, sensitive data of U.S. persons, and artificial intelligence. And in 2023, OICTS was created to implement them.
Executive Editor Natalie Orpett and Contributing Editor Brandon Van Grack spoke with the Office's Executive Director, Elizabeth Cannon. They talked about the Office's recent activities, who it regulates, and how it sets priorities.
This is the latest episode in our special series, “The Regulators,” co-sponsored with Morrison Foerster, in which we talk with senior government officials working at the front lines of U.S. national security policy.
To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Thu, 02 May 2024 - 43min - 2727 - Lawfare Daily: Dmitri Alperovitch on ‘World on the Brink’
Dmitri Alperovitch is the author, with Garrett Graff, of the new book, “World on the Brink: How America Can Beat China in the Race for the Twenty-First Century.” He’s also the cofounder and chairman of Silverado Policy Accelerator. He joined Lawfare Editor-in-Chief Benjamin Wittes to discuss the book, tensions in the Taiwan Strait, deterring China from invading Taiwan, and the history of what Dmitri calls “Cold War II.”
To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Wed, 01 May 2024 - 56min - 2726 - Trump Trials and Tribulations: N.Y. Trial Dispatch (Apr. 30, 2024)
It's Trump's Trials and Tribulations, New York Trial Dispatch, April 30. Benjamin Wittes sat down with Tyler McBrien and Anna Bower to discuss what happened in the courtroom today.
The podcast was edited by Ian Enright of Goat Rodeo. Our theme song is from Alibi Music.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Wed, 01 May 2024 - 32min - 2725 - Chatter: How the Cold War Made Miami with Vince Houghton
For a period of time in the 1960s, the Central Intelligence Agency was one of the biggest, if not the biggest, employer in the city of Miami. The CIA had set up a base of operations there, aimed primarily at undermining the regime of Cuban leader Fidel Castro. From those early days, writes historian Vince Houghton, the Cold War battle against communism shaped the city, which he says should rank among the world’s great capitals of espionage.
Houghton and co-author Eric Driggs, both Miami natives, chronicle the city’s spooky history in their rolicking new book Covert City: The Cold War and the Making of Miami. Houghton spoke to Shane Harris about some of the colorful characters that span this decades-long story, why Miami has played such a pivotal role in the history of U.S. spying, and how the the Cuban intelligence service became one of the best in the world.
The books, people, events, films, TV shows, video games, and actors discussed in this book include:
Covert City https://www.hachettebookgroup.com/titles/vince-houghton/covert-city/9781541774575/?lens=publicaffairs The Mariel Boatlift https://www.washingtonpost.com/wp-srv/inatl/longterm/cuba/mariel_port.htm Operation Mongoose https://nsarchive.gwu.edu/briefing-book/cuba/2019-10-03/kennedy-cuba-operation-mongoose “Griselda” https://www.imdb.com/title/tt15837600/ “Contra,” the video game https://en.wikipedia.org/wiki/Contra_(video_game) Queen of Cuba: An FBI Agent's Insider Account of the Spy Who Evaded Detection for 17 Yearsby Peter J. Lapp, with Kelly Kennedy https://44thand3rdbookseller.com/book/9781637589595 Chatter episode about Montes with author Jim Popkin https://www.lawfaremedia.org/article/chatter-podcast-ana-montes-american-who-spied-cuba-jim-popkin 537 Votes https://www.imdb.com/title/tt13128292/?ref_=fn_al_tt_1More about Vince Houghton
https://www.nsa.gov/Press-Room/News-Highlights/Article/Article/2423003/from-soldier-to-scholar-vince-houghton-named-director-of-national-cryptologic-m/ https://twitter.com/intelhistorian?lang=enChatter 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.
Tue, 30 Apr 2024 - 1h 20min - 2724 - Lawfare Daily: How Congress Passed the National Security Package with Molly Reynolds
On April 24, President Joe Biden signed the National Security Package into law. It's a bundle of legislation that provides aid to Ukraine, Israel, and Taiwan and requires TikTok's Chinese parent company to divest from the app or face a national ban, among various other provisions.
Lawfare Associate Editor Katherine Pompilio sat down with Lawfare Senior Editor Molly Reynolds to unpack what exactly is in the package and explore the legislation’s journey through Congress. They talked about the group of hardline Republicans that blocked the legislation in the House, how Speaker Mike Johnson had to rely on the help of Democrats to get the aid package for a vote on the House floor, how Majority Leader Chuck Schumer and Minority Leader Mitch McConnell worked together to get the legislation through the Senate to Biden’s desk, and more.
To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Tue, 30 Apr 2024 - 49min - 2723 - Lawfare Daily: Justin Sherman on the Benefits and Limits of a New Law Governing Data Brokers
On March 20, the House of Representatives passed the Protecting Americans’ Data From Foreign Adversaries Act. The House bill was passed by the Senate on April 23 as part of the larger foreign aid package, which President Biden signed into law on April 24. Lawfare Senior Editor Stephanie Pell sat down with Justin Sherman, Senior Fellow at Duke University’s Sanford School of Public Policy, to talk about the benefits and limits of the new legislation, now law. They talked about the path that led to the bill’s passage in both the House and Senate, similarities and differences between this new legislation and a recent Executive Order focusing on the preventing the sale of American’s bulk sensitive personal data, and some ways the new law could be improved.
To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Mon, 29 Apr 2024 - 46min - 2722 - Lawfare Archive: TikTok, WeChat and Trump
From September 28, 2020: It's been a wild few weeks with President Trump threatening to shut WeChat and TikTok out of the U.S. market and rip them out of the app stores. There have been lawsuits, a preliminary injunction—and a sudden deal to purchase TikTok and moot the issue out. To chew it all over, Benjamin Wittes spoke with Lawfare co-founder Bobby Chesney, a professor at the University of Texas at Austin Law School, and Jordan Schneider, the voice behind the podcast ChinaTalk. They talked about how we got here, whether the threat from these companies is real or whether this is more Trump nonsense, and whether the deal to save TikTok will actually work.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Sun, 28 Apr 2024 - 40min - 2721 - Lawfare Archive: Jim Sciutto on ‘The Shadow War’
From June 15, 2019: Russian and Chinese leaders understand that they’re unlikely to win a shooting war with the United States, but they have other ways to challenge Western interests, turning our greatest strengths—open societies, dominance of technology on Earth and in space, and military innovation—into weaknesses.
CNN anchor and chief national security correspondent Jim Sciutto calls it “the shadow war,” and it’s the subject of his new book of the same name. David Priess sat down with Jim to talk about these asymmetric threats to national security, and what the United States and its allies can do to fight back.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Sat, 27 Apr 2024 - 46min - 2720 - Trump Trials and Tribulations: N.Y. Trial Dispatch (Apr. 26, 2024)
It's Trump's Trials and Tribulations, New York Trial Dispatch, April 26. Benjamin Wittes sat down with Tyler McBrien and Anna Bower to discuss what happened in the courtroom today.
The podcast was edited by Ian Enright of Goat Rodeo. Our theme song is from Alibi Music.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Sat, 27 Apr 2024 - 29min - 2719 - Lawfare Daily: Presidential Immunity at the Supreme Court
In today's Lawfare Podcast, Lawfare Executive Editor Natalie Orpett sat down with Lawfare Senior Editors Quinta Jurecic, Roger Parloff, and Alan Rosenstein. In a live conversation recorded less than an hour after Supreme Court Oral Arguments concluded, they discussed presidential immunity, and whether former president Trump is immune from prosecution for his alleged efforts to overturn the 2020 election.
To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Fri, 26 Apr 2024 - 53min - 2718 - Trump Trials and Tribulations: N.Y. Trial Dispatch (Apr. 25, 2024)
It's Trump's Trials and Tribulations, New York Trial Dispatch, April 25. Benjamin Wittes sat down with Tyler McBrien and Anna Bower to discuss what happened in the courtroom today.
The podcast was edited by Ian Enright of Goat Rodeo. Our theme song is from Alibi Music.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Fri, 26 Apr 2024 - 30min - 2717 - Rational Security: The “Don’t Call It a Comeback (Because I’m Technically Still on Leave)” Edition
This week, Alan, Quinta, and Scott were finally reunited to talk through the week’s big natsec stories, including:
“First is the Worst.” The historic first criminal trial of a former president has commenced in New York state courts. Both sides have sketched out their cases in opening arguments. What will the charges being brought against former President Trump relating to alleged hush money payments on his behalf mean for him and his 2024 presidential campaign?“Fair Whither Friend.” After months of delay that have, by some accounts, pushed Ukraine dangerously close to defeat, the House has finally passed legislation that would provide them with essential foreign assistance, alongside other aid packages for Israel and Taiwan as well as a handful of related foreign affairs measures. What is good, bad, and ugly about the package that finally got through? And what do the dynamics of its passage mean for other U.S. foreign policy interests in the near term?“The Clock is Tocking.” Among the side measures passed by the House and likely to be enacted into law is a bill targeting the popular social media platform TikTok — one that would ban that platform if its owners, ByteDance, do not divest due to concerns with the degree of control the Chinese government may have over it. But is this sort of regulation of a social media platform constitutional? And is banning one good policy?For object lessons, Alan finally put down the damn remote and recommended an actual book, Charles Mann’s “The Wizard and the Prophet,” about the competing, prescient visions of the future put forward by early 20th-century scientists William Vogt and Norman Borlaug. Quinta picked it up and urged listeners to check out the new documentary “Stormy,” about Stormy Daniels and the impact her alleged involvement with former President Trump and its aftermath has had on her life. And Scott shouted out one of his favorite purveyors of the silver screen, Alamo Drafthouse, and their thoughtful “sensory friendly” showings that turn up the lights and down the noise for those with young children or sensory sensitivities — something that recently allowed him and his wife to see “Dune 2” in the theater with a newborn in tow.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Thu, 25 Apr 2024 - 1h 09min - 2716 - Lawfare Daily: Trump Trials and Tribulations Weekly Round-up (Apr. 24, 2024)
In today's Trump's Trials and Tribulations, Benjamin Wittes sat down with Tyler McBrien, Anna Bower, Quinta Jurecic and Roger Parloff for a round-up of the most recent news in all of Donald Trump's ongoing legal cases.
To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.
The podcast was edited by Cara Shillenn of Goat Rodeo. Our theme song is from Alibi Music.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Thu, 25 Apr 2024 - 1h 33min - 2715 - Lawfare Daily: CYBERCOM Legal Conference: The Role of the Private Sector in Conflict
The annual U.S. Cyber Command (USCYBERCOM) Legal Conference convenes lawyers across government and the private sector working on cyber issues. This year’s conference focused on the power of partnerships. Executive Editor Natalie Orpett moderated a panel, titled “The Business of Battle: Navigating the Role of the Private Sector in Conflict,” featuring Jonathan Horowitz of the International Committee for the Red Cross, Laurie Blank of the Defense Department’s Office of the General Counsel, and Adam Hickey of the law firm Mayer Brown. They talked about how government and private sector actors bring different frames of reference and different equities when faced with a conflict, and how they can work together to address it.
To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Wed, 24 Apr 2024 - 56min - 2714 - Trump Trials and Tribulations: N.Y. Trial Dispatch (Apr. 23, 2024)
It's Trump's Trials and Tribulations, New York Trial Dispatch, April 23. Benjamin Wittes sat down with Tyler McBrien and Anna Bower to discuss what happened in the courtroom today.
The podcast was edited by Ian Enright of Goat Rodeo. Our theme song is from Alibi Music.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Tue, 23 Apr 2024 - 28min - 2713 - Chatter: New Cold Wars with Journalist David Sanger
David Sanger has been writing for the New York Times since he graduated from college more than four decades ago. Over that period, Sanger has served as a business correspondent in Silicon Valley, the Times bureau chief in Japan, and has covered the last five presidents—which has given Sanger a front-row seat to U.S. foreign policy for much of the post-Cold War period. It is that experience that informs Sanger’s newest book, “New Cold Wars,” in which Sanger argues—relying on a voluminous and colorful set of interviews with administration officials—that the U.S. has entered two new military, technological, and economic conflicts with Russia and China.
Lawfare Research Fellow Matt Gluck spoke about the book with Sanger. They discussed how the United States slipped into these conflicts through misreading Chinese and Russian geopolitical intentions and how the U.S. is seeking to navigate this new era. They also discussed how close Biden administration officials believed Vladimir Putin was to using a nuclear weapon in the fall of 2022.
For more about David:
His book “New Cold Wars”David's Twitter PageChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Noam Osband and 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.
Tue, 23 Apr 2024 - 1h 06min - 2712 - Lawfare Daily: Ambassador Robert Lighthizer on Trade Policy
Ambassador Robert Lighthizer is the former United States Trade Representative in the Trump administration and the author of the 2023 book, “No Trade Is Free: Changing Course, Taking on China, and Helping America's Workers.” He sat down with Jack Goldsmith to talk about his work as Deputy U.S. Trade Representative under President Reagan, why extreme neoliberal trade policy took hold in the 1990s, his core philosophy on trade and how it departed from the 1990s neoliberal consensus, and the main ways he implemented this view in the Trump administration and with what results. They also discussed the importance of the U.S.-Mexico-Canada Agreement and why it was controversial, the extent to which the Biden administration adopted Lighthizer’s views on free trade, and the relationship between national security and trade policy.
To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Tue, 23 Apr 2024 - 53min - 2711 - Trump Trials and Tribulations: N.Y. Trial Dispatch (Apr. 22, 2024)
It's Trump's Trials and Tribulations, New York Trial Dispatch, April 22. Tyler McBrien sat down with Benjamin Wittes and Anna Bower to discuss what happened in the courtroom today.
The podcast was edited by Ian Enright of Goat Rodeo. Our theme song is from Alibi Music.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Mon, 22 Apr 2024 - 31min - 2710 - Lawfare Daily: The Case for a U.S. Cyber Force
Lawfare’s Fellow in Technology Policy and Law, Eugenia Lostri, talks to Dr. Erica Lonergan, Assistant Professor in the School of International and Public Affairs at Columbia University. Dr. Lonergan recently authored a report making the case for establishing a U.S. Cyber Force as a way to address the military’s difficulty to recruit, train, and equip sufficient personnel to meet growing cyber challenges. They talked about the types of problems the cyber mission faces, different ways in which they can be addressed, and why establishing a distinct cyber force might be the best path forward.
To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Mon, 22 Apr 2024 - 47min - 2709 - An Announcement from Lawfare
Starting Monday, April 22, the Lawfare Podcast feed is gonna look a little different.
Our daily show, the Lawfare Podcast, will remain on this feed, along with Rational Security and Chatter. We’ll also be adding some important new content as well.
Starting with opening statements in the New York state court trial against Donald Trump, we will discuss the events of the day’s proceedings on a short livestream dispatch on our YouTube channel. These dispatches, which we’ll record after court lets out on trial days (Mondays, Tuesdays, Thursdays, and Fridays), will be available in podcast form on this feed the following day. They’ll be called Trump Trials & Tribulations: N.Y. Trial Dispatch.
Our weekly Trump’s Trials & Tribulations livestream, which we’ve been holding on Thursdays, will move to Wednesday afternoons, when court is not in session. (We’ve been releasing podcast versions of the livestream on Saturdays; these will move to Thursdays.) In addition to a short overview of the previous week’s proceedings in the New York case, we will continue to bring you updates on the cases in Florida, Fulton County, and Washington, D.C. As always, our Material Supporters will be able to join the discussion via Riverside and ask questions live.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Sun, 21 Apr 2024 - 4min - 2708 - Rational Security: The “Trump and Elon Both Love Lawfare” Edition
This week on Rational Security, Alan and Quinta sat down with LawfareEditor-in-Chief Benjamin Wittes to talk through the week’s big national security news, including:
“Ayatollahs and Airstrikes.” In retaliation for an Israeli strike that killed several high-ranking Iranian military officers in Syria, over the weekend Iran launched a wave of drone and missile attacks against Israel. The vast majority of these were shot down by Israel and its allies, including notably Jordan, causing minimal injuries and damage in Israel. As Israel considers whether to respond, its American and European allies are putting pressure on it to deescalate. What’s Israel’s next move and can broader regional war be avoided?“Beginning of the end or just the end of the beginning?” It has been six months since Hamas’s attack on October 7 and the start of Israel’s war in Gaza, which appears to be entering a new, potentially lower-intensity phase. Israel has withdrawn most of its troops from southern Gaza, although it still argues that it needs to invade Rafah, on the border with Egypt, to defeat Hamas. Meanwhile, violence between Jewish settlers and Palestinians in the West Bank continues to increase. What’s next in the ongoing conflict?“What’s a little obstruction between friends?” Earlier this week, the Supreme Court heard oral argument in Fischer v. United States, a case challenging the government’s use of a common statute used to prosecute participants in the Jan. 6 attack on the Capitol. The six conservative Justices appeared skeptical of the government’s argument that a statute that makes it a crime to “obstruct any official proceeding” applies to physical disruptions. How is the Court likely to rule and how might such a ruling affect Donald Trump’s federal trial for trying to overthrow the 2020 election?For object lessons, Quinta recommended a throwing-the-wife-under-the-bus update in New Jersey's Senator Bob Menendez's ongoing legal troubles, and Alan and Ben both recommended excellent, if anxiety-inducing, national security themed movies: the recently released Civil War and the upcoming War Game.
To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Sun, 21 Apr 2024 - 1h 13min - 2707 - Trump’s Trials and Tribulations: 13 Jurors Down, Five to Go
It's another episode of “Trump's Trials and Tribulations,” recorded on April 18 in front of a live audience on YouTube and Riverside. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor Roger Parloff to talk about oral arguments at the Supreme Court in Fischer v. United States, over an obstruction charge used to charge hundreds of Jan. 6 defendants, including former President Trump. They checked in on Judge Cannon and last week's hearing on motions from Trump's co-defendants, De Oliveira and Nauta. They also checked in with Lawfare Managing Editor Tyler McBrien to discuss the ongoing jury selection in the hush money case in New York, why it is going faster than expected, and whether we can really expect opening statements to occur on Monday. And of course, they took audience questions from LawfareMaterial Supporters on Riverside.
To receive ad-free podcasts and to be able to submit a question to the panelists, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Sat, 20 Apr 2024 - 1h 25min - 2706 - Lawfare Archive: Orin Kerr on Carpenter
From November 29, 2017: The Supreme Court heard oral arguments Wednesday in Carpenter v. United States, a major Fourth Amendment case asking whether a warrant is necessary before law enforcement can obtain cell site data identifying a suspect phone's location from a service provider. Lawfare contributor and Fourth Amendment expert Orin Kerr discussed the case with Benjamin Wittes at Brookings shortly after the argument.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Sat, 20 Apr 2024 - 38min - 2705 - Sara Moller on NATO at 75
NATO recently had its 75th birthday. And many say its trajectory traces the adage, “the more things change, the more they stay the same.” That is, at least in some ways, NATO has returned to its original mission of collective self-defense. This means the alliance is concentrating less on out-of-area operations that have occupied much of its focus since the end of the Cold War. The transition comes at a time when many are questioning the U.S.’s long-term commitment to its NATO allies, especially in light of former President Trump’s recent comments about burden sharing within the alliance.
Lawfare Research Fellow Matt Gluck discussed NATO’s current and likely future posture with Sara Moller, Associate Teaching Professor in the Security Studies Program at Georgetown University. They spoke about NATO’s role in the war in Ukraine, the alliance’s focus in the Indo-Pacific, and how NATO is balancing arms control with maintaining strong nuclear deterrence.
To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Fri, 19 Apr 2024 - 59min - 2704 - Chatter: Fabric, Dyes, Glamour, and International Affairs, with Virginia Postrel
Author and speaker Virginia Postrel has spent many years researching and writing about, among other things, various aspects of the economics and societal context of fashion, glamour, and consumer choice. A few years ago her book The Fabric of Civilization tackled the history and global effects of fabric-making, dyeing, the clothing trade, and other textile-related activities. So when host David Priess had his curiosity piqued by some displays at the International Spy Museum related to silk, dyes, and espionage, he knew who to call.
David talked to Virginia about the origins of string and of fabric, togas in fiction and reality, the value of purple in the Roman Empire, the importance of fabrics for outfitting armies and making warships' sails, the development of weaving, how textile merchants led to the modern political economy, Jakob Fugger, Chinese silk and espionage, Spain's 200 year monopoly on vibrant reds, efforts to steal Spain' cochineal secret, the long history of indigo, French efforts to steal Indian indigo, the invention of synthetic dyes, modern sneaker culture and conceptions of value, Jackie Kennedy, fashion and glamour on the world stage today, and more.
Among the works mentioned in this episode:
The book The Fabric of Civilization by Virginia PostrelThe TV show The VikingsThe Chatter podcast episode Private Sector Intelligence with Lewis Sage-Passant, June 9, 2022Virginia Postrel's YouTube channelThe book The Power of Glamour by Virginia PostrelThe Star Wars prequel moviesThe TV show Game of ThronesThe TV show The RegimeThe article "Trump isn't just campaigning; He's selling his supporters a glamorous life" by Virginia Postrel, Washington Post, March 18, 20The movie The Hunger GamesThe book The Rosie Project by Graeme SimsionThe book Fifth Sun by Camilla TownsendChatter 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.
Thu, 18 Apr 2024 - 1h 30min - 2703 - Sudan’s Forgotten Conflict with Reva Dhingra and Ciarán Donnelly
One year ago, fighting broke out in Sudan between the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF). In the intervening months, the death toll and humanitarian cost have been immense.
And yet, the suffering has gone largely overlooked by the United States and European nations. As U.S. Ambassador to the UN Linda Thomas-Greenfield recently said, “Just five years after a revolution that offered a glimpse at a free, peaceful, democratic Sudan, people are losing hope. Aid workers have begun calling this conflict the forgotten war. Sudanese children are asking why the world has forgotten them.”
To learn more, Lawfare Managing Editor Tyler McBrien sat down with Reva Dhingra, a Policy Adviser at the International Rescue Committee, and Ciarán Donnelly, a Senior Vice President for International Programs, also at the IRC. They discussed the roots of the current conflict, the spillover effects, and the exacerbating effects of climate change. They also heard about what Ciarán saw on his recent trip to the Sudan-Chad border.
To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Thu, 18 Apr 2024 - 37min - 2702 - Matt Olsen Debriefs on FISA 702
Last week, the House passed an overhaul and reauthorization of the FISA 702 program, a bill which now heads to the Senate for final passage. In the run-up to Senate consideration of it, Assistant Attorney General for National Security Matt Olsen joined Lawfare Editor-in-Chief Benjamin Wittes to talk about the House bill. They talked about the new constraints it imposes on the Justice Department and the FBI, what it doesn't do, the warrant requirement that isn't there, some other provisions that have generated controversy, and the bill's prospects in the Senate this week.
To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Wed, 17 Apr 2024 - 45min - 2701 - FISA 702 Passes the House
Friday morning, the House of Representatives suddenly—after failing to do so earlier in the week—took up the reauthorization of FISA 702. They considered a bunch of amendments, one of which failed on a tie vote, and then proceeded to pass reauthorization of 702.
Immediately after the votes, Lawfare Editor-in-Chief Benjamin Wittes spoke with Lawfare Senior Editors Stephanie Pell and Molly Reynolds, and Lawfare Student Contributor Preston Marquis. They talked about how the center beat the coalition of the left and right on the key question of warrant requirements for U.S. person queries, about whether the civil liberties community gained anything in this protracted process or whether the administration just kicked its butt, about what happens now as the bill goes back to the Senate, and about all the little details that went into this bill.
To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Tue, 16 Apr 2024 - 53min - 2700 - Everything You Need to Know Heading Into the Trump Trial in New York
Today marks the start of the first criminal trial of former President Donald Trump in New York City. Trump is facing 34 felony counts for his alleged falsification of business records related to hush money payments to Stormy Daniels and others after the 2016 election. After months of pretrial hearings, motions to dismiss and for an adjournment, motions for recusal, and more, jury selection in the case begins today.
In light of today’s events, Lawfare Associate Editor Katherine Pompilio sat down with Lawfare Legal Fellow and Courts Correspondent Anna Bower, Lawfare Managing Editor Tyler McBrien, and Lawfare Senior Editor Roger Parloff who will be covering the trial at length. They discussed the case’s background, Trump’s various attempts to delay the proceedings, how jury selection will work, our plans for covering the trial, and more.
To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Mon, 15 Apr 2024 - 1h 02min - 2699 - Rational Security: The "Eldritch Portents" Edition
This week on Rational Security, Alan and Quinta were joined again by Brookings Senior Fellow and Lawfare Senior Editor Molly Reynolds to talk over the week’s national security news, including:
“The 702nd Time’s the Charm?” Section 702 of the Foreign Intelligence Surveillance Act was originally set to expire on December 31, 2023. But somehow, Congress has managed to keep kicking the can down the road—and we’re once again in the middle of an argument about whether and to what extent the legislature should reform the bulk surveillance authority. How did we end up here, and is there any indication that Congress will manage to pass a lasting reauthorization in some form this time around?“Magic Mike.” Speaker of the House Mike Johnson’s troubles don’t stop with FISA, however. He’s also tangled up in a prolonged dispute with his caucus over the U.S. aid to Ukraine—which is becoming a matter of rapidly increasing urgency, with Ukrainian President Volodymyr Zelensky warning that his country “will lose the war” if the aid is not approved. Johnson now says he’ll put his own aid package on the table, still tying that aid to another tranche of aid to Israel. But will the House actually vote this time, or is this just another head fake?“Finally, We Can Talk About Linux.” A few weeks ago, a single software engineer alerted the world to an alarming discovery: malicious code inside a key piece of Linux software that, had it gone undetected, could have caused a catastrophic cyberattack. What on earth actually happened here? And what could stop it from happening again?For object lessons, Alan recommended an adorable giraffe growth chart for keeping track of your child's height. Quinta took a cue from Molly and endorsed a podcast by a local NPR affiliate—“Lost Patients,” a series about mental health care from KUOW and the Seattle Times. And Molly shared a story about misprinted pens from the Clinton impeachment trial, as told in Peter Baker’s book "The Breach."
Other references from this week’s show:
A chart explaining how dark it gets during a total solar eclipseBruce Schneier’s Lawfarearticle about the XZ Utils backdoorTo receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Sun, 14 Apr 2024 - 1h 02min - 2698 - Trump’s Trials and Tribulations: Jury Selection Starts Monday
It's another episode of “Trump's Trials and Tribulations,” recorded on April 11 in front of a live audience on YouTube and Riverside. Lawfare Senior Editor Quinta Jurecic sat down with Legal Fellow Anna Bower and Senior Editor Roger Parloff to talk about the upcoming jury selection in the hush money case against Trump in New York City and what Judge Cannon is up to in Florida, including her ruling on whether to unseal witness names. They also checked in on Fulton County to see what Fani Willis was up to and talked about Jack Smith's brief to the Supreme Court in Trump's presidential immunity defense. And of course, they took audience questions from Lawfare Material Supporters on Riverside.
To receive ad-free podcasts and to be able to submit a question to the panelists, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Sat, 13 Apr 2024 - 1h 23min - 2697 - Lawfare Archive: Daniel Reisner on Law, Security, and Peace in the Middle East
From January 17, 2015: This week, Ben Wittes and Matt Waxman sat down with Daniel Reisner, former head of the International Law Branch of the Israeli Defense Forces and current partner with Herzog, Fox and Neeman. Reisner has also served as a senior member of Israel’s peace delegations over the years, participating in negotiation sessions and summits including those at Camp David. He continues to advise senior members of the Israeli government on a variety of issues relating to international law and operational security issues. Colonel Reisner was in New York on a visit sponsored by Academic Exchange for a series of events and discussions on contemporary national security challenges. His experiences set up a wide-ranging conversation touching on everything from the law of targeted killing to the role of morality in operational law advice.
To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Sat, 13 Apr 2024 - 1h 14min - 2696 - Chatter: The Pentagon’s Alliance with the Country Music Industry with Joseph Thompson
For decades, country music has had a close and special relationship to the U.S. military. In his new book, Cold War Country, historian Joseph Thompson shows how the leaders of Nashville’s Music Row found ways to sell their listeners on military service, at the same time they sold country music to people in uniform.
Shane Harris spoke with Thompson about how, as he puts it, Nashville and the Pentagon “created the sound of American patriotism.” Thompson’s story spans decades and is filled with famous singers like Roy Acuff, Elvis Presley, Merle Haggard, and Lee Greenwood. Collectively, Thompson says, these artists helped to forge the close bonds between their genre and the military, but also helped to transform ideas of race, partisanship, and influenced the idea of what it means to be an American.
Songs, people, TV shows, and books discussed in this episode include:
Thompson’s book Cold War Country: How Nashville's Music Row and the Pentagon Created the Sound of American Patriotism https://uncpress.org/book/9781469678368/cold-war-country/
“Goin’ Steady” by Faron Young https://www.youtube.com/watch?v=MNqhVyPxPk8
Grandpa Jones https://www.countrymusichalloffame.org/hall-of-fame/grandpa-jones
“Hee Haw” https://www.heehaw.com/
The Black Opry https://www.blackopry.com/
“Okie from Muskogee” by Merle Haggard https://www.youtube.com/watch?v=68cbjlLFl4U
“Cowboy Carter” by Beyoncé https://www.rollingstone.com/music/music-news/beyonce-cowboy-carter-tops-country-album-chart-number-one-1234998548/
“God Bless the U.S.A.” by Lee Greenwood https://www.youtube.com/watch?v=-KoXt9pZLGM
Learn more about Joseph Thompson and his work:
https://www.josephmthompson.com/
https://www.history.msstate.edu/directory/jmt50
https://twitter.com/jm_thompson?lang=en
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Thu, 11 Apr 2024 - 1h 19min - 2695 - Jack Goldsmith and Bob Bauer on Reforming the Insurrection Act
The Insurrection Act is a provision that allows the president to deploy the U.S. military for domestic law enforcement. It’s been invoked dozens of times by presidents to respond to crises in the over 230 years that it’s been around, but it hasn’t been reformed in centuries. In recent years, the Insurrection Act has come back into public focus because of its implication in a number of domestic crises, prompting a renewed conversation about whether it’s finally time to curb the sweeping powers afforded to the executive in this unique federal law.
On April 8, the American Law Institute released a set of principles for Insurrection Act reform, prepared by a group of 10 individuals with backgrounds in constitutional law, national security law, and military law. The co-chairs of this group were Jack Goldsmith, Lawfare Co-Founder and Harvard Law School Professor, and Bob Bauer, Professor of Practice and Distinguished Scholar in Residence at New York University School of Law. They joined Lawfare Associate Editor Hyemin Han to talk about the history of the Insurrection Act, to parse out the recommendations the American Law Institute is making for reform, and to make the case for reforming the act in 2024.
To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Fri, 12 Apr 2024 - 57min - 2694 - Conditioning Arms to Israel with Sarah Harrison
Last week, 40 Democratic members of the House of Representatives wrote a letter to President Biden expressing concern and outrage over an Israeli airstrike that killed seven aid workers from the World Central Kitchen. The lawmakers urged the president to reconsider his recent authorization of an arms transfer package to Israel and withhold any future offensive arms transfers if the strike was found to have violated U.S. or international law. They also urged Biden to withhold arms transfers if the humanitarian situation in Gaza continues to deteriorate.
Lawfare Managing Editor Tyler McBrien sat down with Sarah Harrison, a Senior Analyst with the International Crisis Group’s U.S. program and former Associate General Counsel at the Defense Department’s Office of General Counsel, International Affairs. They talked about the laws and policies that govern U.S. security assistance, what recent reporting may or may not tell us about Israel’s law of war compliance, and the difficulty of some of these assessments. They also discussed what President Biden risks by not applying conditions on military aid abroad.
To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Thu, 11 Apr 2024 - 53min - 2693 - Information Ecology and 19th-Century Naturalism at Verify 2024
Hosted by the William and Flora Hewlett Foundation Cyber Initiative and Aspen Digital, Verify 2024 brings together journalists and cyber and tech policy experts to discuss critical issues in cybersecurity. For this live recording of the Lawfare Podcast, Lawfare Editor-in-Chief Benjamin Wittes sat down at Verify 2024 to talk about information ecology and 19th-century naturalism with Alicia Wanless, the Director of the Partnership for Countering Influence Operations at the Carnegie Endowment for International Peace, and Chinmayi Sharma, an Associate Professor at Fordham Law School.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Wed, 10 Apr 2024 - 44min - 2692 - Juliette Kayyem on the Baltimore Bridge Collapse and Crisis Management
In the early morning on March 26, a Singapore-flagged cargo ship crashed into Baltimore’s Francis Scott Key Bridge. The bridge collapsed, resulting in the death of six of the eight individuals conducting maintenance on the bridge. The incident has disrupted commuter traffic and the transport of hazardous materials, and it has halted shipping traffic at the Port of Baltimore, among other effects.
Lawfare Research Fellow Matt Gluck discussed the bridge’s collapse, how authorities responded to it, and what it all means for the resilience of U.S. critical infrastructure and the state of crisis response with Juliette Kayyem, a professor of international security at the Harvard Kennedy School—who recently wrote a book on disaster management. Was the bridge adequately protected? How should governments and the private sector prepare to both prevent crises, but perhaps more importantly, prepare for the aftermath when they inevitably occur?
To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Tue, 09 Apr 2024 - 41min - 2691 - Jim Dempsey and John Carlin on U.S. Cybersecurity Law and Policy: There’s a Lot Going On
There is a lot to keep up with in U.S. cybersecurity law and policy these days. To talk about the current regulatory landscape and the progression of the DOJ’s strategy relating to takedown and disruption efforts, LawfareSenior Editor Stephanie Pell sat down with Jim Dempsey, Senior Policy Advisor at the Stanford Program on Geopolitics, Technology, and Governance, and John Carlin, Partner at Paul Weiss. They talked about the SEC’s cyber disclosure rule, the new executive order focused on preventing access to Americans’ bulk sensitive personal data, the LockBit and Volt Typhoon disruption efforts, and more.
To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Mon, 08 Apr 2024 - 1h 03min - 2690 - Rational Security: The “Going Once, Going Twice” Edition
This week on Rational Security, Alan and Quinta were joined by Lawfare Executive Editor Natalie Orpett to talk through the week's big national security news, including:
“A Gag Order Prevents Me From Telling You What This Segment Is Called.” After former President Donald Trump attacked the daughter of Justice Juan Merchan, who is overseeing his New York hush-money trial, Justice Merchan expanded the gag order he had previously imposed to prohibit Trump from attacking his family. This is only the latest in what has become a pattern of Trump testing gag orders in his many legal cases. Why have gag orders become such an important part of the Trump cases and how far should they reach?“The Global Importance of the Middle East Is That It Keeps the Far East and the Near East From Encroaching on Each Other.” Even by the standards of the last few months, it’s been a particular busy week in Israel. In just 48 hours, an Israeli strike in Syria killed high-level Iranian military officials, another strike in Gaza killed several aid workers in a World Central Kitchen convoy, and a controversy around conscripting ultra-Orthodox men into the IDF is threatening Benjamin Netanyahu’s coalition. What comes next and is the crisis in the Middle East entering an even more chaotic period?“Disinformation Peking Turducken.” An amazing thread on X involving Alex Jones, Russian lies about the CIA sending Nazis to fight in Ukraine, and a Chinese MAGA disinformation campaign is a preview of just how messy the 2024 electoral season is going to be. Is this just 2016 all over again, and what, if anything, can be done to safeguard the U.S. information space against foreign actors?For object lessons, Alan suggested the new Netflix adaptation of the "3 Body Problem", Quinta shared a New Yorker article about the United Kingdom's recent decline, and Natalie recommended the Serial podcast's new season on Guantánamo Bay.
To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Sun, 07 Apr 2024 - 1h 05min - 2689 - Trump's Trials and Tribulations: Trump Gagged Once Again
It's another episode of “Trump's Trials and Tribulations,” recorded on April 4 in front of a live audience on YouTube and Riverside. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Legal Fellow Anna Bower and Lawfare Senior Editors Roger Parloff and Quinta Jurecic to talk about Judge Cannon's order denying both Trump's motion to dismiss the classified documents case based on the Presidential Records Act and Jack Smith's request for a ruling on jury instructions prior to trial. They also discussed the preliminary ruling in Jeffrey Clark's bar discipline hearing, Judge McAfee's order denying Trump's motion to dismiss criminal charges in Fulton County on First Amendment grounds, and Justice Merchan's expanded gag order against Trump in New York. And of course, they took audience questions from LawfareMaterial Supporters on Riverside.
To receive ad-free podcasts and to be able to submit questions to the panelists, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Sat, 06 Apr 2024 - 1h 32min - 2688 - Lawfare Archive: An Assassination in Iran
From December 2, 2020: The top Iranian nuclear scientist has been killed, apparently in an Israeli strike. Mohsen Fakhrizadeh, who has long been the mastermind of the Iranian nuclear program, was gunned down in an attack with a remote control machine gun. Iranian reprisals are expected, although their timing and nature is not clear. It also puts the incoming Biden administration, which is looking to bring back the Iran nuclear deal, in a bit of a pickle.
To chew it all over, Benjamin Wittes sat down with Scott R. Anderson, international law specialist and Lawfare senior editor; Suzanne Maloney, the vice president and director of the Foreign Policy Program at the Brookings Institution and an Iran scholar; and Natan Sachs, director of the Center for Middle East Policy at Brookings where he focuses on Israeli policy. They talked about why the Israelis would conduct this operation, how effective its killing of Iranian nuclear scientists has been, whether any of it is legal and what it means for the future of U.S.-Iran relations.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Sat, 06 Apr 2024 - 50min - 2687 - How Congressional Staffers Helped Our Afghan Allies
A new report from the POPVOX Foundation focuses on a little-known and hugely under-appreciated congressional effort: that of congressional staffers helping Afghan allies flee the country during the U.S. withdrawal from Afghanistan
LawfareExecutive Editor Natalie Orpett sat down with the report’s author, Anne Meeker. They talked about what staffers did to help, the challenges they faced, and how the experience exposed both weaknesses and strengths in how Congress functions.
To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Fri, 05 Apr 2024 - 37min - 2686 - Chatter: Why Foreign Policy Elites Matter with Elizabeth Saunders
The "deep state." The "blob." Foreign policy elites are often so labeled, misunderstood, and denigrated. But what influence on presidents and on public opinion do they actually have?
Elizabeth Saunders, professor of political science at Columbia, has researched this topic deeply and written about it in her new book, The Insiders' Game. David Priess spoke with her about her path to studying foreign policy, the ups and downs of archival research, the meaning of foreign policy "elites," the differences between the influences of Democratic and Republican elites, a counterfactual President Al Gore's decisionmaking about invading Iraq, pop cultural representations of foreign policy elites, how heightened polarization changes the dynamics of elite influence, and more.
Among the works mentioned in this episode:
The book The Insiders' Game by Elizabeth Saunders
The book Leaders at War by Elizabeth Saunders
The TV show The West Wing
The movie The Hunt for Red October
The TV show The Diplomat
The TV show The Americans
The movie Thirteen Days
The article "Politics Can't Stop at the Water's Edge" by Elizabeth Saunders, Foreign Policy (March/April 2024)
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.
Thu, 04 Apr 2024 - 1h 22min - 2685 - Paul Beckett on the Evan Gershkovich Case
Paul Beckett was the Washington Bureau Chief of the Wall Street Journal. But since the arrest of the newspaper's Russia correspondent, Evan Gershkovich, last year in Russia on bogus spying charges, he has been working full time on advocating for the reporter's release. In connection with the one-year anniversary of Gershkovich's arrest, he joined Lawfare Editor-in-Chief Benjamin Wittes to discuss the case. What do we know about the charges against the young reporter? What is the U.S. government doing to secure his release? What progress, if any, has been made? And how is Gershkovich holding up in prison in Moscow?
To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Thu, 04 Apr 2024 - 36min - 2684 - Contestability in Government AI Systems
The use of AI to make decisions about individuals raises the issue of contestability. When automated systems are used by governments to decide whether to grant or deny benefits, or calculate medical needs, the affected person has a right to know why that decision was made, and challenge it. But what does meaningful contestability of AI systems look like in practice?
To discuss this question, Lawfare's Fellow in Technology Policy and Law Eugenia Lostri was joined by Jim Dempsey, Senior Policy Advisor at the Stanford Cyber Policy Center, and Ece Kamar, Managing Director of the AI Frontiers Lab at Microsoft. In January, they convened a workshop with stakeholders across disciplines to issue recommendations that could help governments embrace AI while enabling the contestability required by law. They talked about the challenges that the use of AI creates for contestability, how their recommendations align with recently published OMB guidelines, and how different communities can contribute to the responsible use of AI in government.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Wed, 03 Apr 2024 - 56min - 2683 - Data Privacy and Consumer Protection with the FTC’s Ben Wiseman
The Federal Trade Commission’s data, privacy, and AI cases have been all over the news recently, from its proposed settlement with Avast Antivirus to its lawsuit against data broker Kochava.
Lawfare Contributor Justin Sherman sat down with Ben Wiseman, the Associate Director of the Division of Privacy and Identity Protection at the FTC, who oversees a team of attorneys and technologists working on technology and consumer protection. They discussed the FTC’s recent focus on health, location, and kids’ privacy; its ongoing data privacy and security rulemaking; and how the FTC looks beyond financial penalties for companies to prevent and mitigate harm to consumers.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Tue, 02 Apr 2024 - 49min - 2682 - Asylum-Seekers and the EU Migration Pact
In early February, the European Union approved a major overhaul of its immigration laws. If approved by EU member states, the pact will drastically curtail the rights of migrants and asylum seekers entering the European Union. It’s part of a trend we’re seeing all over the world, including here in the U.S.
LawfareExecutive Editor Natalie Orpett sat down with Steve Meili, Professor of International Human Rights Law at University of Minnesota Law School. They discussed the EU Pact’s new provisions, why critics are calling them a violation of human rights law, and how asylum and migration law is evolving globally.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Mon, 01 Apr 2024 - 54min - 2681 - Rational Security: The “A Terrorism Briefing From a Goldendoodle” Edition
This week onRational Security, Alan and Quinta were joined again by Lawfare Managing Editor Tyler McBrien and Lawfare Foreign Policy Editor Daniel Byman—also of Georgetown University and the Center for Strategic and International Studies— to talk over the week’s national security news, including:
“Terror in Moscow.” On Friday, March 22, a group of gunmen unleashed an attack on a concert hall outside Moscow that killed over 130 people, shooting into a crowd of concertgoers before setting the hall on fire. The Islamic State in Khorasan, the Afghanistan branch of ISIS known as ISIS-K, quickly claimed credit for the attack, and Russian authorities have arrested four suspects. The Kremlin, without evidence, has also continued to hint that Ukraine is somehow responsible. What does the attack tell us about ISIS-K, and what does it mean for the Russian government?“April, Come She Will.” After a brief delay, Donald Trump’s hush money trial in Manhattan has been scheduled to begin on April 15—the first of Trump’s criminal cases to go to trial. Meanwhile, a New York appeals court threw Trump a lifeline, reducing his appeal bond in the civil fraud case against him from half a billion dollars to $175 million. Will ol’ Donny Trump be able to wriggle out of this jam once again?“Come On, Aileen.” Judge Aileen Cannon is at it again down in Fort Pierce, Florida. As she presides over Trump’s classified documents case, motions are piling up on her desk without any sign of a ruling, and she issued a strange, convoluted order instructing both parties to “engage with” potential jury instructions reflecting unusual readings of the Presidential Records Act in relation to the Espionage Act. Just what is Judge Cannon doing? And how, if at all, can Jack Smith respond?For object lessons, Alan endorsed the podcast “Next Year in Moscow,” on Russians living in exile who departed their country after the beginning of Putin’s war with Ukraine. Tyler sang the praises of Waxahatchee’s new album “Tigers Blood.” And Quinta recommended a reflection on Baltimore’s collapsed Francis Scott Key Bridge.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Sun, 31 Mar 2024 - 1h 09min - 2680 - Trump’s Trials and Tribulations: Two Weeks Until a Trial
It's another episode of “Trump's Trials and Tribulations,” recorded on March 28 in front of a live audience on YouTube and Riverside. LawfareEditor-in-Chief Benjamin Wittes sat down with Lawfare Legal Fellow Anna Bower, Managing Editor Tyler McBrien, Associate Editor Katherine Pompilio, and Senior Fellows Roger Parloff and Quinta Jurecic to talk about the Monday hearing in New York where Judge Merchan ordered a new trial start date of April 15, the Thursday motions hearing in Fulton County, and why the Fulton County case isn't stayed as the defendants appeal Judge McAfee's decision to not disqualify DA Fani Willis. They also discussed Roger Parloff's article about what the government can do about Judge Cannon's odd proposed jury instructions and the bar discipline proceedings against John Eastman and Jeffrey Clark. And of course, they took audience questions from Material Supporters on Riverside.
To be able to submit questions to the panelists, 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.
Sat, 30 Mar 2024 - 1h 29min - 2679 - Lawfare Archive: Vladimir Kara-Murza on Russia's So-Called 'Election'
From April 7, 2018: Vladimir Kara-Murza is the vice chairman of Open Russia, the founder of the Boris Nemtsov Foundation and a contributing opinion writer for the Washington Post. On Wednesday, Kara-Murza spoke to Alina Polyakova about last month's presidential elections in Russia, the poisoning of Sergei Skirpal, and the future of Russia under and after Putin.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Sat, 30 Mar 2024 - 41min - 2678 - Shannon Togawa Mercer on Negotiating with the Bad Guys
Shannon Togawa Mercer served as Lawfare's Managing Editor and then went on to quite a career shift. She now negotiates with ransomware bad actors. She is a cybersecurity and privacy lawyer at WilmerHale and has developed a specialized practice in responding to cybersecurity incidents, many of them involving foreign malware gangs.
She joined LawfareEditor-in-Chief Benjamin Wittes to talk about this odd area of legal practice. Why do you need a big law firm when your computer files are suddenly frozen? Is it legal to negotiate with and pay off foreign ransomware gangs? How do you do the negotiations anyway? Do they cut you a deal if you're polite? And what is it like to be recruited by the malware gangs that you are negotiating with?
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Fri, 29 Mar 2024 - 50min - 2677 - Chatter: Nuclear War, A Scenario with Annie Jacobsen
Without warning, North Korea launches a nuclear-armed intercontinental ballistic missile at the United States. American satellites detect the launch within seconds, setting off a frantic, harrowing sequence of events that threatens to engulf the planet in a nuclear holocaust.
That’s the terrifying hypothetical storyline that journalist Annie Jacobsen imagines in her new book. It’s a minute-by-minute, and occasionally second-by-second account of how the vast U.S. national security apparatus would respond to a “bolt out of the blue” attack with a nuclear weapon. It’s a riveting story and the supreme cautionary tale.
Shane Harris spoke with Jacobsen about the book, the present threat of a nuclear world war, and her body of work, which has dug deeply into the dark corners of intelligence and national security.
Books, interviews, movies and TV shows discussed in this episode include:
Nuclear War: A Scenario https://www.penguinrandomhouse.com/books/748264/nuclear-war-by-annie-jacobsen/
Chatter interview with A.B. Stoddard about The Day After https://www.lawfaremedia.org/article/chatter-the-day-after-and-dad-with-a.-b.-stoddard
Top Gun: Maverick https://www.imdb.com/title/tt1745960/?ref_=nv_sr_srsg_0_tt_8_nm_0_q_top%2520gun
Tom Clancy’s Jack Ryan https://www.imdb.com/title/tt5057054/?ref_=nv_sr_srsg_0_tt_3_nm_5_q_jack%2520ry
Find out more about Annie Jacobsen on:
Her Website: https://anniejacobsen.com/
Twitter: https://twitter.com/anniejacobsen?lang=en
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Thu, 28 Mar 2024 - 1h 14min - 2676 - How the FBI is Combating Cyberattacks, with Brett Leatherman
One of the gravest threats to U.S. national security today—and also one of the newest—is the risk of cyberattacks. They come in many forms, and they can incapacitate companies, institutions, and even the government.
To better understand these threats—and how the government is responding to them—Lawfare Executive Editor Natalie Orpett and Lawfare Contributing Editor Brandon Van Grack sat down with Brett Leatherman, Deputy Assistant Director for Cyber Operations at the FBI. They discussed the FBl's recent operations, threats from both state actors and criminal gangs, and the role of the private sector in U.S. cybersecurity.
This is the latest episode in our special series, “The Regulators,” co-sponsored with Morrison Foerster, in which we talk with senior government officials working at the front lines of U.S. national security policy.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Thu, 28 Mar 2024 - 54min - 2675 - Benjamin Nathans on Alexei Navalny
Benjamin Nathans is a professor of Russian and Soviet history at the University of Pennsylvania, with a particular specialty in the history of Russian and Soviet dissidents. He joined LawfareEditor-in-Chief Benjamin Wittes to talk about the legacy of Alexei Navalny, his life and death, and how Navalny was similar to and different from other dissidents, both recent and historic. They talked about how his death was related to the sham elections in Russia and the protests that he earned in response to those elections, whether there is anybody who can carry the flag that he bore going forward, and the future of the Russian liberal movement.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Wed, 27 Mar 2024 - 49min - 2674 - What Should We Do About Special Counsels?
In February, Special Counsel Robert Hur released a report declining to prosecute President Biden for his handling of classified material. Earlier this month, Hur testified before the House Judiciary Committee answering questions from irritated members on both sides of the aisle who were critical of Hur’s work. Hur’s report and its fallout have reignited long-simmering questions about the usefulness of the special counsel as an institution.
Lawfare Research Fellow Matt Gluck sat down with an all-star crew of Lawfare regulars—Lawfare Editor-in-Chief Benjamin Wittes, Lawfare Co-Founder and Harvard Law School Professor Jack Goldsmith, Lawfare Senior Editor Quinta Jurecic, and Lawfare Contributing Editor and former career federal prosecutor Chuck Rosenberg—to break it all down. They discussed the history of the special counsel institution and its predecessors, its current flaws, and how it should change.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Tue, 26 Mar 2024 - 51min - 2673 - One Year Since the Kidnapping of Elizabeth Tsurkov
One year ago, Elizabeth Tsurkov, a graduate student at Princeton University, was abducted by the terrorist organization Kata'ib Hezbollah in Baghdad, where she was doing fieldwork. Since that day, her sister, Emma Tsurkov, has been campaigning for and seeking her release.
On Thursday, Emma Tsurkov held a rally outside the Iraqi embassy, demanding action to free her sister. Afterward, she sat down with Lawfare Editor-in-Chief Benjamin Wittes to discuss her sister's very upsetting case. Who is Kata'ib Hezbollah, and why are they holding hostage an Israeli graduate student? Who is Elizabeth Tsurkov, and how did she come to be in Baghdad in the first place? Which government is responsible for securing her release? And why does the United States keep providing military aid to a government that is in bed with Kata'ib Hezbollah, a designated Foreign Terrorist Organization?
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Mon, 25 Mar 2024 - 50min - 2672 - Rational Security: The “Tyler’s Grandma’s Matzah Ball Soup” Edition
This week on Rational Security, Alan and Quinta were joined by Lawfare Managing Editor Tyler McBrien and LawfareLegal Fellow and Courts Correspondent Anna Bower to talk through the week's big national security news, including:
“No v. Wade.” The long saga of the personal relationship between Fani Willis, the Fulton County District Attorney prosecuting Donald Trump for election interference, and Nathan Wade, the prosecutor Willis put in charge of the case, hit an inflection point when Judge Scott McAfee, who is overseeing the criminal case, ruled that, though there was no actual conflict of interest, “the appearance of impropriety remains,” and ordered Willis to either recuse herself from the case or to remove Wade from his role as prosecutor. Wade promptly resigned, clearing the way for the case to continue. Is this the right resolution to the controversy, and what does it say about the future of the Fulton County case, especially if Trump appeals and tries to force Willis’s disqualification?“Pleading the Fifth…Circuit.” In a sign that even the conservative Justices of the Supreme Court may be losing patience with the Fifth Circuit, Missouri received a chilly reception in oral argument on Monday when it tried to defend a circuit opinion preventing the government from virtually any communication with social media companies about removing misinformation and harmful content. How is the Supreme Court likely to rule and what should the rule be when it comes to concerns around government “jawboning.”“Psy-Oops.” Reuters has reported that, during the Trump administration, the CIA engaged in an influence operation on Chinese social media to spread negative information about Xi Jinping and other Chinese leaders. Was it effective, was it a good idea, and what should U.S. intelligence priorities be with regard to China?For object lessons, Quinta shared a wild story about a pro-Trump lawyer arrested on a bench warrant while in court. Alan recommended a new Guy Ritchie show. And Tyler shared Quinta's brilliant visual aid to understanding Trump's litigation delay tactics.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Sun, 24 Mar 2024 - 1h 07min - 2671 - Trump's Trials and Tribulations: Judge Cannon's Concerning Jury Instructions
It's another episode of “Trump's Trials and Tribulations,” recorded on March 21 in front of a live audience on YouTube and Riverside. LawfareSenior Editor Quinta Jurecic sat down with Lawfare Editor-in-Chief Benjamin Wittes and LawfareSenior Editor Roger Parloff to talk about Trump's SCOTUS brief in his presidential immunity appeal and recent evidentiary rulings from Judge Merchan in the New York criminal case against Trump. They also discussed Judge Cannon's odd proposed jury instructions, the relevance—or irrelevance—of the Presidential Records Act in the Mar-a-Lago case, and how the government may proceed. And of course they took audience questions from LawfareMaterial Supporters on Riverside.
To be able to submit questions to the panelists, 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.
Sat, 23 Mar 2024 - 1h 21min - 2670 - Lawfare Archive: Allies, Episode 1: Faithful and Valuable Service
From May 16, 2022: In order to tell you this story, we need to start at the beginning, just before the U.S. invasion. After 9/11, the CIA set their sights on al-Qaeda’s base in Afghanistan. After a military invasion that fall, people up and down the chain of command learned that in order to fight this war the U.S. needed local partners to help.
Allies is a podcast about America’s eyes and ears over 20 years of war in Afghanistan. This show will take you from the frontlines of the war to the halls of Congress to find out: How did this happen?
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Sat, 23 Mar 2024 - 35min - 2669 - Matt Perault, Ramya Krishnan, and Alan Rozenshtein Talk About the TikTok Divestment and Ban Bill
Today, we’re bringing you an episode of Arbiters of Truth, our series on the information ecosystem.
Last week the House of Representatives overwhelmingly passed a bill that would require ByteDance, the Chinese company that owns the popular social media app TikTok, to divest its ownership in the platform or face TikTok being banned in the United States. Although prospects for the bill in the Senate remain uncertain, President Biden has said he will sign the bill if it comes to his desk, and this is the most serious attempt yet to ban the controversial social media app.
Today's podcast is the latest in a series of conversations we've had about TikTok. Matt Perault, the Director of the Center on Technology Policy at the University of North Carolina at Chapel Hill, led a conversation with Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare, and Ramya Krishnan, a Senior Staff Attorney at the Knight First Amendment Institute at Columbia University. They talked about the First Amendment implications of a TikTok ban, whether it's a good idea as a policy matter, and how we should think about foreign ownership of platforms more generally.
Disclaimer: Matt's center receives funding from foundations and tech companies, including funding from TikTok.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Fri, 22 Mar 2024 - 50min - 2668 - Chatter: From Right-Wing Radio to the Heart of the Never Trump Movement, with Charlie Sykes
Charlie Sykes recently stepped down as host of the Bulwark Podcast. He's a regular commentator on MSNBC, and has written a number of books. He tells the story here of his political journey, from being a page for the Wisconsin delegation at the 1968 Democratic National Convention in Chicago, to being a working journalist increasingly disenchanted with conventional liberalism, to finding a home in Reagan Republicanism and becoming more of a political warrior than he ever meant to be--and then leaving the whole thing behind over Trumpism.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Thu, 21 Mar 2024 - 1h 16min - 2667 - Jawboning at the Supreme Court
Today, we’re bringing you an episode of Arbiters of Truth, our series on the information ecosystem.
On March 18, the Supreme Court heard oral arguments in Murthy v. Missouri,concerning the potential First Amendment implications of government outreach to social media platforms—what’s sometimes known as jawboning. The case arrived at the Supreme Court with a somewhat shaky evidentiary record, but the legal questions raised by government requests or demands to remove online content are real.
To make sense of it all, Lawfare Senior Editor Quinta Jurecic and Matt Perault, the Director of the Center on Technology Policy at UNC-Chapel Hill, called up Alex Abdo, the Litigation Director of the Knight First Amendment Institute at Columbia University. While the law is unsettled, the Supreme Court seemed skeptical of the plaintiffs’ claims of government censorship. But what is the best way to determine what contacts and government requests are and aren't permissible?
If you’re interested in more, you can read the Knight Institute’s amicus brief in Murthyhere and Knight’s series on jawboning—including Perault’s reflections—here.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Thu, 21 Mar 2024 - 51min - 2666 - Weaponizing the Dollar with Saleha Mohsin
Since World War II, the United States and its currency, the dollar, have come to play a central role in the broader global economy. And in recent decades, policymakers have used this role as a weapon, cutting off access to malign actors and punishing those who act contrary to U.S. national security interests. But cultivating such primacy has proven to be a double-edged sword, with more complicated ramifications for many Americans.
In her new book “Paper Soldiers: How the Weaponization of the Dollar Changed the World Order,” Bloomberg reporter Saleha Mohsin digs into the history of the dollar’s role in the global economy and what its increasing weaponization may mean moving forward. LawfareSenior Editor Scott R. Anderson recently joined Mohsin to discuss her new book and what we should all know about the new economic and political moment we are living through.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Wed, 20 Mar 2024 - 53min - 2665 - Timothy Edgar and Paul Rosenzweig on the Volt Typhoon Cyber Intrusion
Last May, Microsoft announced that a Chinese state-sponsored hacking group, Volt Typhoon, appeared to be targeting U.S. critical infrastructure and entities abroad in part through establishing a presence in a malware-infected network, or botnet, consisting of old devices located in the United States. At the end of January, the Justice Department announced it had removed the botnet from hundreds of American devices.
Cybersecurity experts Timothy Edgar and Paul Rosenzweig both wrote articles for Lawfare discussing the Volt Typhoon intrusion and the U.S. response. But the authors take away very different lessons from the intrusion. Edgar argued that although the removal of the botnet was a success in terms of cybersecurity, the legal theory the government relied on for conducting this operation has dangerous privacy implications. Rosenzweig, on the other hand, contended that the Volt Typhoon breach illuminates flawed assumptions at the core of the U.S. cybersecurity strategy, which he says must be reexamined.
Lawfare Research Fellow Matt Gluck spoke with Edgar and Rosenzweig about why the Volt Typhoon intrusion and the U.S. response that followed matter for the future of U.S. cybersecurity and privacy, how the government should weigh security and privacy when responding to cyber intrusions, whether nuclear conflict is a good analogy for cyber conflict, and much more.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Tue, 19 Mar 2024 - 54min - 2664 - Judge McAfee Rules Fani Willis Can Stay
Friday morning in Fulton County, Georgia, Judge Scott McAfee issued an opinion in the matter of the disqualification of District Attorney Fani Willis. It was not a complete victory for anybody. The defense didn't get Fani Willis booted from the case, but they did get Nathan Wade booted from the case. And Fani Willis has to contend with the loss of her special prosecutor, as well as some scorching criticism from the judge.
LawfareEditor-in-Chief Benjamin Wittes discussed it all on a live recording of the Lawfare Podcastwith Lawfare Legal Fellow and Courts Correspondent Anna Bower, and Andrew Fleischman, a Georgia defense attorney and frequent Fani Willis critic. They talked about what Judge McAfee did, whether there is a serious prospect for a successful appeal, what Fani Willis's next moves are likely to be, and whether there's going to be a spree of plea deals in response. They also talked about whether the case is now back on track and headed to trial.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Mon, 18 Mar 2024 - 48min - 2663 - Rational Security: The “Sociopathic Nose Wrinkle” Edition
This week on Rational Security, Alan, Quinta, and Scott got together for the last time before Scott’s paternity leave to talk over the week’s big national security news, including:
“Kitchen Table Issues.” President Biden delivered a feisty State of the Union last week, one that took aim at both those worrying about his age and his apparent 2024 rival, former President Donald Trump. But what does his handling of key national security issues, ranging from Ukraine to Gaza, tell us about where the country is headed, and what can we gather from the response from the other party?“Tik Tik Tik...” The end may be nigh for TikTok in the United States, at least in its current incarnation. The House has passed a bill that will ban TikTok from app stores beginning in the Fall unless its Chinese owners divest—legislation that President Biden has said he will sign, but that former President Trump recently flipped on. Where is this new major social media platform headed, at least in the United States?“Trying to Stay Alive.” Policymakers are desperately working to clear the domestic legal hurdles in both Kenya and the United States for an ad hoc peacekeeping mission to Haiti, aimed at stemming the surge of gang violence there. But will the 1,000 Kenyan police officers set to be deployed be enough to restore peace and security to the country?For object lessons, Alan doubled down on WBUH’s podcast “The Big Dig,” a compelling story of sex, lies, and infrastructure (or at least one of the three). Quinta finally saw Oppenheimer and gave it a “meh.” And Scott gave tribute to the glory of his 30s, now that they have left him.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Sun, 17 Mar 2024 - 1h 17min - 2662 - Trump's Trials and Tribulations: Delays All Along the East Coast
It's another episode of “Trump's Trials and Tribulations,” recorded on March 14 in front of a live audience on YouTube and Riverside. LawfareEditor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor Roger Parloff and Lawfare Legal Fellow and Courts Correspondent Anna Bower to talk about the Thursday hearing in the Mar-a-Lago case and everything Judge Cannon still needs to rule on. They also discussed how Judge McAfee may rule in whether to disqualify Fulton County DA Fani Willis and why the New York City trial may be delayed by a month. And of course, they took audience questions from LawfareMaterial Supporters on Riverside.
To be able to submit questions to the panelists, become a Material Supporter at lawfaremedia.org/support.
This episode was recorded on Thursday, which was before Judge McAfee issued his order on the motion to disqualify the Fulton County DA's Office from the 2020 Georgia election interference case. We recorded a separate live podcast on that decision, which you can find now onYouTubeor listen to it on Monday on theLawfare Podcastfeed.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Sat, 16 Mar 2024 - 1h 24min - 2661 - Lawfare Archive: Paul Rosenzweig on Investigating American Presidents
From November 10, 2018: With the firing of Jeff Sessions and his replacement with former U.S. attorney Matthew Whitaker, all eyes this week are focused on whether Special Counsel Robert Mueller’s investigation of Russian interference in the 2016 election and possible coordination between the Trump campaign and the Russians will get to run its full course. But even before the Sessions firing, Benjamin Wittes and Paul Rosenzweig had inquiries into the presidency on their minds. On Tuesday morning, they sat down to discuss Paul’s recent 12-part lecture series on presidential investigations released through the online educational platform The Great Courses.
They talked about how Paul structured the lecture series, Paul’s own experience on Independent Counsel Ken Starr’s team investigating the Clinton White House, and the course’s relevance to the Mueller investigation.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Sat, 16 Mar 2024 - 32min - 2660 - Tim Mak on Two Years of War in Ukraine
Tim Mak is the editor, writer, and entrepreneur behind the Substack site, The Counteroffensive, which covers the Ukraine-Russia war through personal stories on the ground in Ukraine. He has been in Ukraine since the beginning of the full-scale invasion when he was an NPR reporter, and he has done some of the best English-language reporting from that country.
LawfareEditor-in-Chef Benjamin Wittes spoke with Mak, who is reporting from the Ukrainian capital of Kyiv. They talked about two years of the full-scale invasion, about a decisive battle early in the war over Antonov Airport, about whether the Ukrainian military effort is sustainable, and about the current mood in Ukraine and how people are feeling about America as Congress dithers on Ukraine aid.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Fri, 15 Mar 2024 - 45min - 2659 - Chatter: Margaret Mead, Psychedelics, and the CIA with Benjamin Breen
If you’re listening to this podcast, chances are you’ve heard stories about the CIA’s experiments with drugs, particularly LSD, during the infamous MKUltra program. But you may not know that the characters involved in that dubious effort connect to one of the 20th Century’s most famous and revered scientists, the anthropologist Margaret Mead.
Shane Harris talked with historian Benjamin Breen about this new book, Tripping on Utopia, which tells the story of how Mead and her close circle launched a movement to expand human consciousness, decades before the counterculture of the 1960s popularized, and ultimately stigmatized, psychedelic drugs. Mead and Gregory Bateson--her collaborator and one-time husband--are at the center of a story that includes the WWII-era Office of Strategic Services, a shady cast of CIA agents and operatives, Beat poets, and the pioneers of the Information Age.
Psychedelics are having a renaissance, with federal regulators poised to legalize their use - Breen’s book is an engrossing history that explores the roots of that movement and how it influenced and collided with the U.S. national security establishment.
Books, movies, and other points of interest discussed in this conversation include:
Tripping on Utopia: Margaret Mead, the Cold War, and the Troubled Birth of Psychedelic Science by Benjamin Breen Tripped: Nazi Germany, the CIA, and the Dawn of the Psychedelic Age by Norman Ohler MKUltra The intelligence community’s research on “truth drugs” The Manchurian Candidate The Good Shepherd Poisoner in Chief: Sidney Gottlieb and the CIA Search for Mind Control by Stephen Kinzer The Men Who Stare at Goats by Jon Ronson Ghost Hunters: William James and the Search for Scientific Proof of Life After Death by Deborah Blum “Operation Delirium”by Raffi Khatchadourian in The New YorkerAlso check out:
Ben’s website Ben’s Substack Ben on TwitterSupport this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Thu, 14 Mar 2024 - 1h 24min - 2658 - Six Counts Quashed in the Fulton County Case
On March 13, Judge McAfee released an order quashing six counts in the Fulton County electoral interference indictment against former President Trump and his numerous co-defendants. These charges were related to alleged solicitation of violations of oath of office, and Judge McAfee quashed the charges due to insufficient evidence.
To talk over the order and its implications, Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Legal Fellow Anna Bower and Anthony Michael Kreis for a live recording of the Lawfare Podcast on YouTube. They talked about what exactly a demurrer is and what led Judge McAfee to dismiss these counts. They also talked about what this order could say about how Judge McAfee might rule on the efforts to disqualify Fani Willis, whether it matters that these charges were dismissed, and whether the District Attorney will go back to a grand jury.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Thu, 14 Mar 2024 - 43min - 2657 - Devin DeBacker and Lee Licata on the Biden Administration’s New Executive Order on Preventing Access to Americans' Bulk Sensitive Personal Data
On February 28, the Biden administration issued an Executive Order (EO) entitled “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern.” LawfareSenior Editor Stephanie Pell sat down with Devin DeBacker and Lee Licata, the Chief and one of the Deputy Chiefs of the Foreign Investment Review Section in the National Security Division at the Department of Justice, to talk about this new EO and the ways in which it attempts to prevent certain countries of concern from accessing Americans’ sensitive personal data. They talked about the types of data transactions the EO is intended to regulate, what it is not intended to regulate, and the forthcoming rule-making process that the DOJ will run.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Wed, 13 Mar 2024 - 44min - 2656 - How Should Governments Use Deepfakes?
Progress in deepfake technology and artificial intelligence can make manipulated media hard to identify, making deepfakes an appealing tool for governments seeking to advance their national security objectives. But in a low-trust information environment, balancing the risks and rewards of a government-run deepfake campaign is trickier than it may seem.
To talk through how democracies should think about using deepfakes, Lawfare's Fellow in Technology Policy and Law, Eugenia Lostri, was joined by Daniel Byman, Senior Fellow at the Center for Strategic & International Studies and professor at Georgetown University; Daniel Linna, Director of Law and Technology Initiatives at Northwestern University; and V.S. Subrahmanian, the Walter P. Murphy Professor of Computer Science and Buffett Faculty Fellow at Northwestern University. They recently published a report examining two critical points: the questions that a government agency should address before deploying a deepfake, and the governance mechanisms that should be in place to assess its risks and benefits.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Tue, 12 Mar 2024 - 57min - 2655 - Unpacking the Supreme Court’s Fourteenth Amendment Ruling
On March 4, the Supreme Court ruled in Trump v. Anderson, holding that states cannot disqualify Donald Trump from appearing on the presidential ballot under Section 3 of the Fourteenth Amendment. Section 3 bars former officeholders who have since engaged in insurrection from taking future public office—and in recent months, a slew of lawsuits from voters and advocacy groups have pointed to the provision in seeking to strike Trump from the ballot in various states for his conduct on Jan. 6. The Court’s judgment rules out that possibility—but leaves a surprising amount of questions unsettled, in a way that may queue up chaos in the coming months.
To make sense of the Court’s ruling, Lawfare Senior Editor Quinta Jurecic spoke with fellow Senior Editor Roger Parloff, who has been closely watching the Section 3 cases; Ned Foley, an expert in election law at The Ohio State University; and Gerard Magliocca of Indiana University, who has been studying Section 3 since before it was cool.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Mon, 11 Mar 2024 - 49min - 2654 - Rational Security: The “Alan and the Owl” Edition
This week on Rational Security, Lawfare Managing Editor Tyler McBrien joined Alan, Quinta, and Scott to discuss the week's big national security news, including:
“Operation Humbled Drop.” After months of unsuccessfully pushing the Israeli government to allow more aid into besieged Gaza, the Biden administration has taken matters into its own hands and begun airlifting it in itself. But are its efforts just for show, or a sign that it is abandoning its “bear hug” approach to Israeli Prime Minister Bibi Netanyahu? And what will it mean for the flow of U.S. assistance to Israel, especially given legal restrictions Israel’s actions arguably violate? “Sound (Legal Reasoning) and Fury(ous Agreement).” This week, the Supreme Court surprised no one by unanimously reversing the Colorado Supreme Court and holding that former President Trump cannot be kept off the 2024 ballot there for having committed insurrection through his involvement in Jan. 6—a move the justices had strongly telegraphed in oral arguments in February. But for a unanimous outcome, the matter did prove surprisingly divisive, with the liberal minority accusing the conservative majority of overreaching to save Trump from possible future disqualification through other avenues. What should we make of the divided opinions in this case? And where does it leave Trump?“Smog of War.” Even as the New York Times finds itself in the midst of an internal (and external) controversy around its coverage of Hamas’s alleged use of sexual assault during the Oct. 7 massacre, the United Nations has released a report lending credibility to the conclusion that sexual assault occurred. How should we parse the competing accounts around this heated and incredibly difficult topic?For object lessons, Alan—much to his surprise—recommended the Formula 1 documentary Formula 1: Drive to Survive. Quinta flagged another Sen. Menendez superseding indictment to add to New Jersey’s state flag. Scott hit both sides of the RatSec listenership with recommendations: one for “Bucking the Buck,” Daniel McDowell’s excellent deep dive into de-dollarization, and another for his parasocial friends on The Ringer NFL Show in its various iterations, who he hopes will give D.C. the regional sports podcast it deserves. And Tyler celebrated the spectacle that is Medieval Times as well as the fact that the serfs there have recently unionized.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Sun, 10 Mar 2024 - 1h 16min - 2653 - Trump’s Trials and Tribulations: Pending Motions Piling Up in Florida
It's another episode of “Trump's Trials and Tribulations,” recorded on March 7 in front of a live audience on YouTube and Riverside. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor Roger Parloff and LawfareLegal Fellow and Courts Correspondent Anna Bower to talk about recent filings in the Southern District of Florida and what Judge Cannon needs to rule on. They also discussed motions filed in Fulton County, the Supreme Court's ruling overturning the Colorado Supreme Court's decision to bar Trump from the 2024 ballot, and what, if anything, is happening in the Jan. 6 case in Washington. And of course, they took audience questions from Lawfare Material Supporters on Riverside.
To be able to submit questions to the panelists, 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.
Sat, 09 Mar 2024 - 1h 24min - 2652 - Lawfare Archive: Judge John Bates on FISA in the News
From September 28, 2019: At the Texas Tribune Festival in Austin, Texas, Benjamin Wittes sat down in front of a live audience with Judge John Bates, a senior district judge on the U.S. District Court for the District of Columbia. Bates has served on the court since 2001, and from 2009 to 2013, he served as the presiding judge of the Foreign Intelligence Surveillance (FISA) Court. Wittes and Judge Bates talked about the role of the FISA Court, its procedures and caseload, its recent prominence in the news, and how the court might respond to cases that have an overtly political context.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Sat, 09 Mar 2024 - 1h 00min - 2651 - The Hidden Alliance Between Tech and Government
The practice of surveillance capitalism—the widespread private collection and commodification of personal data—is well understood. Less well understood is the extent to which the U.S. government purchases this data in the commercial marketplace to use it for intelligence and law enforcement purposes.
Byron Tau, when he was a reporter with The Wall Street Journal, did more than anyone to bring this practice to public light. Jack Goldsmith sat down recently with Tau to discuss his new book on the topic, “Means of Control: How the Hidden Alliance of Tech and Government is Creating a New American Surveillance State.” They discussed how the private broker market works, why the government is able to purchase bulk private data with relatively few legal restrictions, and the threat to privacy and civil liberties that inheres in the practice. They also discussed why this form of data is so important to the government and the prospects for reform of the relatively unregulated practice.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Fri, 08 Mar 2024 - 38min - 2650 - Chatter: Spy Disguises in Fact and Fiction with Jonna Mendez
Jonna Mendez advanced in her Central Intelligence Agency career to become Chief of Disguise despite the many institutional challenges to women's promotions. And now she has written a memoir, In True Face, about it all.
David Priess spoke with Jonna about career options for women at CIA in the early Cold War, her own start there in the 1960s, how photography classes set her on a path that ultimately led to service as Chief of Disguise, her interactions over the decades with Tony Mendez, the tandem-couple problem for intelligence professionals, semi-animated mask technology and other CIA disguises, her experience briefing President George H. W. Bush in the Oval Office, how the story behind the Canadian Caper became declassified and eventually the movie Argo, the International Spy Museum, and more.
Among the works mentioned in this episode:
The book In True Face by Jonna Mendez
"How the CIA Used a Fake Sci-Fi Flick to Rescue Americans from Tehran," by Joshuah Bearman, WIRED, April 24, 2007
The movie The Ides of March
The movie Argo
The book Argo by Antonio Mendez and Matt Baglio
The book The Master of Disguise by Antonio Mendez
The movie Mission Impossible
The TV show The Americans
The TV show Homeland
The movie Casino Royale
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.
Thu, 07 Mar 2024 - 1h 27min - 2649 - Bryan Choi on NIST's Software Un-Standards
Everyone agrees that the United States has a serious cybersecurity problem. But how to fix it—that's another question entirely. Over the past decade, a consensus has emerged across multiple administrations that NIST—the National Institute of Standards and Technology—is the right body to set cybersecurity standards for both the government and private industry. Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare, spoke with Bryan Choi, who argues that this faith is misplaced. Choi is an associate professor of both law and computer science and engineering at The Ohio State University. He just published a new white paper in Lawfare's ongoing Digital Social Contract paper series exploring NIST's history in setting information technology standards and why that history should make us skeptical that NIST can fulfill the cybersecurity demands that are increasingly being placed on it.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Thu, 07 Mar 2024 - 45min
Podcast simili a <nome>
- Architectenweb Podcast Architectenweb
- National Park After Dark Audioboom Studios
- Beg to Differ with Mona Charen Beg to Differ with Mona Charen
- Behind the Bastards Cool Zone Media and iHeartPodcasts
- Political Theater CQ Roll Call
- The NoSleep Podcast Creative Reason Media Inc.
- Pod Save America Crooked Media
- F1: Beyond The Grid Formula 1
- This Day in Esoteric Political History Jody Avirgan & Radiotopia
- The House of Pod Kaveh MD
- Legal AF by MeidasTouch MeidasTouch Network
- Prosecuting Donald Trump MSNBC
- De Boordradio NU.nl
- The Film Reroll Paulo Quiros
- Playbook Deep Dive POLITICO
- Amicus With Dahlia Lithwick | Law, justice, and the courts Slate Podcasts
- The Apocalypse Players The Apocalypse Players (D Allen, D McAleer, M Chance, D Wheeler)
- The Bulwark Podcast The Bulwark Podcast
- Crisis: Clergy Abuse in the Catholic Church The Catholic Project
- Time For Chaos - A Call of Cthulhu Masks of Nyarlathotep Campaign The Glass Cannon Network
- Capitalisn't University of Chicago Podcast Network
- On with Kara Swisher Vox Media
- Вид на Кремль Медуза / Meduza
- Что случилось Медуза / Meduza