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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:

What Happens When Congress Investigates Itself? Jan 18, 2022

Show notes

A crucial component of the story of Jan. 6 involves what members of Congress were doing on that day. What kinds of conversations did Republican lawmakers have with President Trump? To what extent did any members of Congress play a role in engineering the riot itself? These are some of the questions that the House committee on Jan. 6 is investigating—and it’s seeking information directly from members of Congress, including House Minority Leader Kevin McCarthy. So far, McCarthy and the other lawmakers who have received requests from the committee have vowed not to cooperate.

So will the committee subpoena fellow members of the House? What obstacles might it run into if it did? And what does it say that the committee is taking this step? Quinta Jurecic spoke with Mike Stern, a former senior counsel to the House of Representatives, and Lawfare senior editor and Brookings senior fellow Molly Reynolds about the questions of law and norms raised by the latest turns in the Jan. 6 committee’s investigation.

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

Lawfare Archive: Paul Lewis on Not Closing Guantanamo Jan 17, 2022

Show notes

From February 25, 2017: Under the oversight of Paul Lewis, the Department of Defense’s Special Envoy for Guantanamo Closure under the Obama administration, the detainee population at Guantanamo Bay went from 164 to 41. But Guantanamo remains open, and the Trump administration has promised not only to halt any further transfers or releases of detainees, but also to possibly bring in more detainees in the future. And that's aside from the fact that recent news reports indicate that a former Guantanamo detainee was responsible for an ISIS suicide bombing in Mosul.

With this in mind, Benjamin Wittes sat down with Paul to discuss his time as special envoy, President Obama's failure to close the detention center, and what’s next for Gitmo under President Trump.

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

Lawfare Archive: Adam Jentleson and Molly Reynolds on Getting Rid of the Senate Filibuster Jan 16, 2022

Show notes

From August 14, 2020: On July 30, former President Barack Obama, speaking at the funeral of Congressman John Lewis, threw his weight behind ending the Senate filibuster if necessary to pursue a voting rights agenda. His comments brought to the forefront a debate that has been simmering for years within the Democratic party. Margaret Taylor spoke with Adam Jentleson, who served as deputy chief of staff to Senate Democratic Leader Harry Reid during the Obama administration, and Brookings senior fellow Molly Reynolds, about the history of the filibuster, how it actually works and what the consequences could be if a Democratic-controlled Senate actually got rid of it.

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

Lawfare Archive: Chesney, Monaco, McCord, and Rasmussen on Domestic Terrorism Jan 15, 2022

Show notes

From October 15, 2019: A couple of weeks ago, Lawfare and the Strauss Center for International Security and Law sponsored a series of panels at the Texas Tribune Festival. For this episode, we bring you the audio of our Tribfest event on domestic terrorism—what it is, how we define it, how we outlaw it, and what more we can do about it.

David Priess sat down with Bobby Chesney, Lawfare co-founder and professor at the University of Texas School of Law, and former U.S. government officials Lisa Monaco, Mary McCord, and Nick Rasmussen.

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Trouble in Ukraine and Kazakhstan Jan 14, 2022

Show notes

There's a lot going on in Russia's near-abroad, the countries on the periphery of the Russian Federation. There’s a war brewing in Ukraine, with talks in Geneva between Russia and the West seeming to fail this week. There are also Russian troops in Kazakhstan, there at the invitation of the autocratic Kazakh government in response to protests over fuel prices.

To check in on the situation, Benjamin Wittes sat down on Lawfare Live with Alina Polyakova of the Center for European Policy Analysis; Alex Vindman, the Pritzker Military Fellow at Lawfare; Ambassador William Courtney, who served as ambassador to Kazakhstan; and Dmitri Alperovitch, the founder of the Silverado Policy Accelerator. They talked about what's going on in Kazakhstan, the failure of the diplomatic process in Geneva, and the war that seems to be coming in Ukraine.

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Podcasts Are the Laboratories of Misinformation Jan 13, 2022

Show notes

Valerie Wirtschafter and Chris Meserole, our friends at the Brookings Institution, recently published an analysis of how popular podcasters on the American right used their shows to spread the “big lie” that the 2020 election was stolen from Donald Trump. These are the same issues that led tech platforms to crack down on misinformation in the runup to the election—and yet, the question of whether podcast apps have a responsibility to moderate audio content on their platforms has largely flown under the radar.

Why is that? This week on Arbiters of Truth, our series on the online information ecosystem, Evelyn Douek and Quinta Jurecic talked through this puzzle with Valerie and Chris. They discussed their findings about podcasts and the “big lie,” why it’s so hard to detect misinformation in podcasting, and what we should expect when it comes to content moderation in podcasts going forward.

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Benjamin Wittes and Alan Rozenshtein on Trump v. Thompson, Presidential Immunity and the First Amendment Jan 12, 2022

Show notes

On Monday, January 10, a federal district court in DC heard oral argument in Trump v. Thompson. The case considers civil claims against Donald Trump and others for their roles in the Jan. 6 Capitol insurrection. It raises a number of complicated legal issues, including whether Trump is immune from these kinds of claims, whether it's possible to establish a conspiracy among the perpetrators of the attack and how the First Amendment factors into all of this.

Natalie Orpett sat down with Lawfare editor-in-chief Benjamin Wittes and Lawfare senior editor Alan Rozenshtein to discuss the state of the law, the main challenges for each side and what we can garner from Monday’s five-hour proceedings.

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Dr. Charles Lieber and the China Initiative Jan 11, 2022

Show notes

On December 21, Harvard University chemist Dr. Charles Lieber was convicted of making false statements and other tax offenses in connection with his participation in the Chinese Thousand Talents program. Lieber’s case got a lot of attention, both because of his profile as a well known researcher at Harvard University, and because of the case’s connection with the U.S. government's occasionally controversial three-year-old program called the China Initiative. The program was unveiled in 2018 by then-Attorney General Jeff Sessions, and has been used by the Justice Department to investigate and charge a variety of wrongdoings connected with the Chinese government, economic espionage, research security, and other issues.

To talk through the Lieber case and the China Initiative generally, Jacob Schulz sat down with Emily Weinstein, a research analyst at Georgetown’s Center for Security and Emerging Technology, and Margaret Lewis, a professor at Seton Hall Law School. Emily and Margaret have written extensively about the China Initiative and provide thoughts on the Lieber case, as well as what to make of the initiative as a whole.

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

The January 6 Insurrection One Year Later Jan 10, 2022

Show notes

Last week marked one year since the Jan. 6 attack on Capitol Hill, in which a mob of Trump supporters attacked Congress in an effort to stop the certification of Joe Biden's election as president of the United States. On Thursday, the anniversary itself, Lawfare editors appeared in a Brookings event titled, “The January 6 insurrection: One year later.” Lawfare’s editor-in-chief Benjamin Wittes moderated a panel that included Lawfare senior editor Quinta Jurecic, Lawfare senior editor Roger Parloff, Seamus Hughes of the George Washington University's Program on Extremism, and Katie Benner, a New York Times reporter who covers the Department of Justice. On today's episode of The Lawfare Podcast, we’re bringing you a lightly edited audio recording of that event, which features discussion of the role of the Proud Boys and the Oath Keepers, Attorney General Garland's recent remarks about the Jan. 6 prosecutions, and what happened with the Capitol Police.

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Lawfare Archive: The Soleimani Strike and Its Fallout Jan 09, 2022

Show notes

From January 3, 2020: The American drone strike last night that killed Qassem Soleimani, the commander of the Iranian Quds Force, is a seismic event in U.S.-Iranian relations—and for the broader Middle East. We put together an emergency podcast, drawing on the resources of both Lawfare and the Brookings Institution and reflecting the depth of the remarkable collaboration between the two. Iran scholar Suzanne Maloney, terrorism and Middle East scholar Daniel Byman, Middle East scholar and former State Department official Tamara Cofman Wittes and former State Department lawyer and Baghdad embassy official Scott Anderson—who is also a Lawfare senior editor—came together the morning after the strike for a diverse discussion of the reasons for the operation, the vast repercussions of it, the legality of the strike and the role Soleimani played in the Iranian regime.

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