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The Lawfare Podcast: Patreon Edition – The Lawfare Institute — Government
The Lawfare Podcast: Patreon Edition – The Lawfare Institute

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.lawfaremedia.org. Hosted on Acast. See acast.com/privacy for more information.

Copyright: © The Lawfare Institute

Latest Episodes:

Juliette Kayyem on Dealing with Disasters Mar 29, 2022

Show notes

We live in a time of seemingly constant catastrophes, and we always seem a step behind and still fumble when they occur. It's no longer about preventing disasters from occurring, but learning how to use the tools at our disposal to minimize the consequences when they inevitably do.

Juliette Kayyem has just written a book about it all called, “The Devil Never Sleeps: Learning to Live in an Age of Disasters.” Juliette is a lecturer at the Harvard Kennedy School of Government and a CNN national security analyst, and David Priess sat down with her to talk about it all. They talked about the traditional focus of the disaster framework; consequences minimalization; the paradox of preparedness; and a variety of disasters and what we can learn from them, ranging from the Y2K incident, to Super Bowl XLVII, to the shipping incident in the Suez Canal back in 2021. They talk a lot about how to recover from disasters, and how to deal with them in a way that stops the bleeding and keeps them from getting worse, even as they’re occurring.

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Polina Ivanova on Russia's New Line Mar 28, 2022

Show notes

Polina Ivanova is a Moscow correspondent for the Financial Times, and has spent the better part of the last decade reporting from Russia for that publication, for Reuters and elsewhere. She joined Benjamin Wittes to talk through the Russian military press conference that took place on Friday in which the Ministry of Defense seemed to walk back Russia's war aims in the Ukraine conflict. Ben and Polina talked about what the Ministry of Defense said, how different or similar it is from previous Russian statements about what this war is about, whether it was intended for international or domestic consumption, or maybe both, and whether it provides a plausible basis for resolution of the conflict.

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Lawfare Archive: The Coup in Myanmar Mar 27, 2022

Show notes

From February 19, 2021: On February 1, Myanmar's military overthrew the country's democratically elected government in a coup and declared a state of emergency for a year. Since then, the country has seen daily peaceful protests and large-scale strikes against military rule, at times clashing with security forces who have been seen using tear gas and rubber bullets to disperse crowds. To break it all down, Rohini Kurup spoke with Aye Min Thant, a Pulitzer Prize-winning journalist based in Myanmar. They discussed Myanmar's history of military rule, what it is like living through a coup and what to expect in the coming weeks.

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Lawfare Archive: Emily Bell on Journalism in the Platform Era Mar 26, 2022

Show notes

From March 4, 2021: On this episode of Arbiters of Truth, the Lawfare Podcast’s miniseries on disinformation and misinformation, Evelyn Douek and Quinta Jurecic spoke with Emily Bell, the founding director of the Tow Center for Digital Journalism at Columbia Journalism School. Emily testified before Congress last week about the role of legacy media, and cable news in particular, in spreading disinformation, but she’s also one of the keenest observers of the online news ecosystem and knows a lot about it from her days as director of digital content for The Guardian. They talked about the relationship between online and offline media in spreading disinformation, the role different institutions need to play in fixing what’s broken and whether all the talk about “fighting misinformation” is a bit of a red herring.

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The Supreme Court Rules on State Secrets Mar 25, 2022

Show notes

Earlier this month, the Supreme Court issued rulings in two separate cases involving the state secrets privilege: United States v. Abu Zubaydah and Federal Bureau of Investigation v. Fazaga. To talk about the Court's decision and what it means for state secrets doctrine and executive power, Rohini Kurup sat down with Liza Goitein, co-director of the Liberty and National Security Program at the Brennan Center for Justice, and Bob Loeb, partner in Orrick, Herrington & Sutcliffe’s Supreme Court and Appellate Litigation practice, and former acting deputy director of the Civil Division Appellate Staff at the Department of Justice. Rohini first talked to them on the Lawfare Podcast back in October when they discussed the cases that were then before the Court. Now that the Court has issued its ruling, they got back together to discuss the Court's decision and what it means for the future of state secrets doctrine.

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Getting Information Into Russia Mar 24, 2022

Show notes

Over the last few weeks, we’ve talked a lot about the war in Ukraine on this series—how the Russian, Ukrainian and American governments are leveraging information as part of the conflict; how tech platforms are navigating the flood of information coming out of Ukraine and the crackdown from the Kremlin; and how open-source investigators are documenting the war.

This week on Arbiters of Truth, our series on the online information environment, we’re going to talk about getting information into Russia during a period of rapidly increasing repression by the Russian government. Evelyn Douek and Quinta Jurecic spoke with Thomas Kent, a former president of the U.S. government-funded media organization Radio Free Europe/Radio Liberty, who now teaches at Columbia University. He recently wrote an essay published by the Center for European Policy Analysis on “How to Reach Russian Ears,” suggesting creative ways that reporters, civil society and even the U.S. government might approach communicating the truth about the war in Ukraine to Russians. This was a thoughtful and nuanced conversation about a tricky topic—whether, and how, democracies should think about leveraging information as a tool against repressive governments, and how to distinguish journalism from such strategic efforts.

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Thomas Rid on Ukraine and Cyberwar Mar 23, 2022

Show notes

Cyberwar is here, proclaims Thomas Rid, professor of strategic studies at Johns Hopkins University's School of Advanced International Studies in a New York Times op-ed last week entitled, “Why You Haven’t Heard About the Secret Cyberwar in Ukraine.” While some cyber warfare experts expected massive cyberattacks against Ukraine before Russia invaded in February of this year, Rid suggests in his op-ed that significant cyberattacks have occurred, but they are more covert and insidious in nature, and we're not focusing on them. Stephanie Pell spoke with Rid about the kinds of cyber operations and attacks we have seen in Ukraine, how we might compare and contrast them, along with some of his insights about the use of leaks and disinformation in this conflict.

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Gen. John Baker on the 9/11 Plea Negotiations Mar 22, 2022

Show notes

General John Baker served until December as the chief defense council at the military commissions. The military commissions’ prosecutors and defense lawyers are in conversations now about a possible plea deal to resolve the 9/11 case once and for all—that's the case of Khalid Sheikh Mohammed, Ramzi Binalshibh and three others of their al-Qaeda co-conspirators. It has been hanging around in the military commissions for more than a dozen years, and until the other day, it showed no sign of coming to a close. Trial is still some time away, and appeals will take years more than that, but the current round of plea negotiations promises a potential way out—removing the death penalty from the table in exchange for guilty pleas and presumably life sentences.

Benjamin Wittes sat down with General Baker to talk about his history at the military commissions, why the process has gotten so bogged down and the promise of the current negotiations. Are they different from earlier rounds, or is this another fit and start before policymakers fail to take the leap?

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Tracking Russian Oligarch Yachts Mar 21, 2022

Show notes

Alex Finley is a former officer of the CIA's Directorate of Operations, who now is a novelist and a writer. Most recently, though, Alex has taken up a different task. She is the leader of #YachtWatch, an effort to track down and monitor the movements of massive yachts belonging to Russian oligarchs. #YachtWatch has become a popular way of following and staying engaged with the fallout from the Russian invasion of Ukraine. Jacob Schulz spoke with Alex about #YachtWatch, how she conducts the project and what its value is in an oversaturated media ecosystem.

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Lawfare Archive: Joshua Yaffa on Putin’s Russia Mar 20, 2022

Show notes

From February 8, 2020: Russia continues to sporadically poke its head into American media headlines, whether it be for its role in Syria or for anxieties about fresh election interference in 2020. But these news stories seldom provide a window into life in Putin’s Russia. Jacob Schulz sat down with Joshua Yaffa, the Moscow correspondent for the New Yorker, to talk about his new book, "Between Two Fires: Truth, Ambition, and Compromise in Putin’s Russia." The book gives a series of portraits of prominent figures within Putin’s Russia and details the compromises they make to maintain their status and goodwill with the Kremlin. They talked about this framework as a way to understand Russia, what Putin’s rule looks like on the peripheries of the country, and about a couple of the fascinating characters that animate the book.

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