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The Lawfare Podcast

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The Lawfare Podcast features discussions with experts, policymakers, and opinion leaders at the nexus of national security, law, and policy. On issues from foreign policy, homeland security, intelligence, and cybersecurity to governance and law, we have doubled down on seriousness at a time when others are running away from it. Visit us at www.lawfareblog.com.

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.

Location:

United States

Description:

The Lawfare Podcast features discussions with experts, policymakers, and opinion leaders at the nexus of national security, law, and policy. On issues from foreign policy, homeland security, intelligence, and cybersecurity to governance and law, we have doubled down on seriousness at a time when others are running away from it. Visit us at www.lawfareblog.com.

Twitter:

@lawfareblog

Language:

English


Episodes

Covert Action, Regime Change and International Law with Michael Poznansky

6/5/2020
We normally think of international law as constraining leaders' actions, especially aggression toward other countries. But what if one effect of an established international principle actually spurs more covert action against other countries? Michael Poznansky is an assistant professor of International Affairs and Intelligence Studies in the Graduate School of Public and International Affairs, with a secondary appointment in the Political Science department, at the University of Pittsburgh....

Duration:00:43:54

Ryan Merkley on Why Wikipedia Works

6/4/2020
In this episode of our Arbiters of Truth series on disinformation, Evelyn Douek and Quinta Jurecic spoke with Ryan Merkley, the chief of staff to the executive director of the Wikimedia Foundation. We’ve spent a lot of time on this podcast discussing how social media platforms have handled issues of disinformation and misinformation. But what about Wikipedia? It’s a massive online encyclopedia written and edited entirely by volunteers—so, not a platform, but still an online service grappling...

Duration:00:51:18

Rashawn Ray on Police Violence

6/3/2020
Dr. Rashawn Ray is a David M. Rubenstein fellow in Governance Studies at the Brookings Institution. He's also an associate professor of sociology at the University of Maryland, College Park, where he directs the Lab for Applied Social Science Research (LASSR). He is a scholar of, among other things, police-civilian relations and has done a lot of work on police-involved killings. He joined Benjamin Wittes to discuss the mechanisms of police violence, what causes it, what can be done to...

Duration:00:53:13

On the Brink with the Insurrection Act

6/2/2020
The president is threatening to designate Antifa as a terrorist organization. This evening, he appears to have ordered a tear gas attack on peaceful protesters near the White House in order to stage a photo op in front of a local church. And he has called out troops in Washington, DC, and threatened to invoke the Insurrection Act. To talk through the legal ins and outs of what the president has done (and not done), what he has the power to do and what he does not have the power to do, and...

Duration:00:53:22

Bart Gellman on 'Dark Mirror'

6/1/2020
Journalist Bart Gellman is the author of the new book, "Dark Mirror: Edward Snowden and the American Surveillance State." Jack Goldsmith sat down with Gellman to discuss the book. They spoke about Gellman's reporting on the Snowden affair, the scope of the National Security Agency's surveillance capabilities and press freedom as it relates to national security reporting.

Duration:01:01:18

Eli Lake Makes the Case for Flynn

5/29/2020
Eli Lake is a columnist for Bloomberg and the author of a recent article in Commentary magazine on the case of Michael Flynn. In that article, he argues a number of things that many at Lawfare have argued against—that Michael Flynn was railroaded, that he was set up, that the FBI behaved inappropriately, and that the Justice Department pursued Michael Flynn unfairly and was thus correct under Attorney General Bill Barr to seek dismissal of the case. To argue it out, Benjamin Wittes spoke...

Duration:00:56:53

Gabrielle Lim on the Life and Death of Malaysia's Anti-Fake News Act

5/28/2020
In this episode of Lawfare's Arbiters of Truth series on disinformation, Evelyn Douek and Quinta Jurecic spoke with Gabrielle Lim, a researcher with the Technology and Social Change Research Project at Harvard Kennedy School’s Shorenstein Center and a fellow with Citizen Lab. Lim just released a new report with Data and Society on the fascinating story of a Malaysian law ostensibly aimed at stamping out disinformation. The Anti-Fake News Act, passed in 2018, criminalized the creation and...

Duration:00:45:21

Hong Kong Erupts

5/27/2020
Hong Kong protesters are out in the streets once again, as the Beijing legislature contemplates a new national security law for the city, and the Hong Kong legislature considers a bill to make it a crime to disrespect the Chinese national anthem. It's all going relatively unnoticed amidst the international focus on the coronavirus, but Hong Kong is increasingly under the thumb of the Chinese Communist Party. To discuss the latest developments, Benjamin Wittes spoke with Sophia Yan of The...

Duration:00:40:35

The SpaceX Launch and the Future of Space Law

5/26/2020
On Wednesday, NASA and the SpaceX Corporation are scheduled to send astronauts back into outer space from U.S. soil for the first time since the U.S. space shuttle program ended in 2011. The launch promises to kick off a new era in space exploration, one that will see the increased use of outer space for both public and private purposes, as well as greater involvement by private corporations and other unconventional actors in space exploration. To discuss the legal and policy challenges of...

Duration:00:47:41

Steve Teles on 'Never Trump'

5/23/2020
Steven Teles is the author of a new book with Robert P. Saldin, "Never Trump: The Revolt of the Conservative Elites." Benjamin Wittes spoke with Teles about the book, how the national security and legal communities approach Donald Trump and how these two schools of thought have informed the Never Trump movement.

Duration:00:56:56

Deen Freelon on Why Black Trolls Matter

5/21/2020
This week on Lawfare's Arbiters of Truth series on disinformation, Evelyn Douek and Quinta Jurecic spoke with Deen Freelon, an associate professor at the University of North Carolina Hussman School of Journalism and Media. Deen’s work focuses on data science and political expression on social media, and they discussed research he conducted on tweets from the Internet Research Agency troll farm and their attempts to influence U.S. politics, including around the 2016 election. In a recent...

Duration:00:51:37

Trump and his Predecessors with Kate Andersen Brower

5/20/2020
There may not be many laws governing how former presidents should interact with the current commander-in-chief, or with each other, or how the sitting president should treat his or her predecessors. But over time, we have developed a body of norms about how to do so appropriately. Donald Trump has, to put it mildly, changed expectations about the relationships that presidents past and present have with each other. David Priess recently sat down in the virtual jungle studio to chat with Kate...

Duration:00:44:49

Firing Inspectors General

5/19/2020
President Trump on Friday fired the inspector general of the State Department. It was the fourth time he had fired or removed an inspector general in just the last six weeks. As he explained in a letter to Capitol Hill leadership, he had lost confidence in the inspector general, though Democrats were quick to point out that he appeared to be investigating Mike Pompeo on a number of matters, and Mike Pompeo, in turn, had requested his removal. To discuss the Trump administration's removals...

Duration:00:47:17

David Kaye on Free Speech During a Pandemic

5/16/2020
The global pandemic has raised searching questions about the relationship between a public health emergency and free speech. Jack Goldsmith sat down with David Kaye, the outgoing U.N. Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, to talk about Kaye’s new U.N. report on “Disease pandemics and the freedom of opinion and expression.” The pair discussed the impact the pandemic has had on hostility to speech in different parts of world, the...

Duration:00:56:53

Global Trade and Investment in the Coronavirus Era

5/15/2020
The global coronavirus pandemic has changed the way different corners of the world interact with each other, perhaps forever. Nowhere is this more true than the global economy, where a decade's long trend toward the easier exchange of trade and investment was already under increasing political pressure when the pandemic broke. It may now be facing a truly unprecedented set of challenges. To discuss how the global trade and investment systems are being impacted by the coronavirus pandemic,...

Duration:00:53:19

Craig Silverman on Real Reporting on Fake News

5/14/2020
On this week's episode of Lawfare's Arbiters of Truth series on disinformation, Evelyn Douek spoke with Craig Silverman, the media editor for Buzzfeed News and one of the leading journalists covering the disinformation beat. Craig is credited with coining the phrase “Fake News.” Evelyn spoke with him about how he feels about that, especially now that the phrase has taken on a life of its own. They also talked about a book Craig edited, the second edition of the "Verification Handbook,”...

Duration:00:47:35

Elizabeth Shackelford on 'The Dissent Channel'

5/13/2020
Scott R. Anderson sat down with Elizabeth Shackelford, a former foreign service officer whose late 2017 resignation became a sign of growing discontent with the Trump administration within the diplomatic corps. They talked about her new book, "The Dissent Channel," out this week, which discusses her experience as a young diplomat living through a period of crisis in South Sudan, and the lessons it taught her about diplomacy, human rights and the role of the United States in the world.

Duration:00:51:27

The President's Tax Returns and the Supreme Court

5/12/2020
The Supreme Court today held arguments in a blockbuster case. Do the Trump tax returns and associated financial documents at firms like Mazars and Deutsche Bank need to be turned over in response to congressional subpoenas and a subpoena by a New York State grand jury? Joining Benjamin Wittes to discuss it are Steve Vladeck, Quinta Jurecic and Margaret Taylor. They talked about how this confrontation developed between Congress and the executive, what the background law is and whether this...

Duration:00:53:48

'Unmaking the Presidency'

5/10/2020
From the moment of his inauguration, Trump has challenged our deepest expectations of the presidency. But what are those expectations? Where did they come from, and how great is the damage? "Unmaking the Presidency: Donald Trump's War on the World's Most Powerful Office," by Benjamin Wittes and Susan Hennessey, which is excerpted in this episode, situates Trump era scandals and outrages in the deeper context of the presidency itself. Now, the coronavirus pandemic presents one of the greatest...

Duration:00:36:31

Dropping the Flynn Case

5/9/2020
The Justice Department moved this week to dismiss the charges against Michael Flynn, a man who had pled guilty to lying to the FBI. It was an extraordinary move, one that provoked glee among the president's supporters and outrage among Justice Department traditionalists and critics of the president. On Friday, Benjamin Wittes spoke with Lawfare's Quinta Jurecic and Susan Hennessey, as well as with Chuck Rosenberg, a former U.S. Attorney and senior FBI official who has held a number of other...

Duration:00:57:40