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The Lawfare Podcast

The Lawfare Podcast

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.

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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.


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2024-05-08
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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.


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2024-05-08
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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 Page

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.

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2024-05-07
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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.

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2024-05-07
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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.


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2024-05-07
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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.

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2024-05-06
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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.

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2024-05-05
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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.


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2024-05-04
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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.


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2024-05-04
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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?Lawfare Senior 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.


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2024-05-03
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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.


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2024-05-03
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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 Post has 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.

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2024-05-02
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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.


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2024-05-02
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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.


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2024-05-02
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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.


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2024-05-01
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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.


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2024-05-01
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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 Years by 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_1 

More 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=en 

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.


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2024-04-30
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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.

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2024-04-30
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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.

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2024-04-29
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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.

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2024-04-28
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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.

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2024-04-27
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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.


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2024-04-27
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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.


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2024-04-26
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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.


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2024-04-26
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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.

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2024-04-25
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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.

2024-04-25
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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.


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2024-04-24
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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.


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2024-04-23
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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 Page

Chatter 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.

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2024-04-23
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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.

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2024-04-23
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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.

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2024-04-22
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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.

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2024-04-22
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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.

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2024-04-21
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Rational Security: The ?Trump and Elon Both Love Lawfare? Edition

This week on Rational Security, Alan and Quinta sat down with Lawfare Editor-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.

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2024-04-21
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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 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.

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2024-04-20
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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.

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2024-04-20
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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.

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2024-04-19
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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 Townsend

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.

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2024-04-18
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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.

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2024-04-18
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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.

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2024-04-17
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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.

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2024-04-16
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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.

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2024-04-15
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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 Lawfare article about the XZ Utils backdoor

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.

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2024-04-14
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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.

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2024-04-13
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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.

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2024-04-13
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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.

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2024-04-12
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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 

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2024-04-11
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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.

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2024-04-11
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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.

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2024-04-10
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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.

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2024-04-09
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