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    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.

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    Copyright: © The Lawfare Institute

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    Latest Episodes:
    Lawfare Archive: Mary McCord and Jason Blazakis on Criminalizing Domestic Terrorism Oct 30, 2021
    Show notes

    From January 5, 2019: The murder of Heather Heyer in Charlottesville in 2017 and other recent events have drawn in the public discourse to the fact that domestic terrorism is not a federal crime in and of itself. Earlier this week, Benjamin Wittes sat down with two experts on domestic terrorism to talk about ways that it might be incorporated into our criminal statutes.

    Mary McCord is a professor of practice at Georgetown Law School, a senior litigator at the Institute for Constitutional Advocacy and Protection at Georgetown Law School, and the former acting assistant attorney general for national security at the U.S. Department of Justice. Jason Blazakis is a former State Department official in charge of the office that designates foreign terrorist organizations and a professor of practice at the Middlebury Institute of International Studies. Both have proposed ideas in recent months to recognize domestic terrorism in U.S. law. They joined Ben to talk about their very different proposals for how domestic terrorism might become a crime. They talked about why domestic terrorism is currently left out of the criminal code, their two proposals for how it might be incorporated and how those proposals differ, and the First Amendment consequences of their competing proposals.

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


    The SEC and the Facebook Papers Oct 28, 2021
    Show notes

    This week on Arbiters of Truth, our series on the online information ecosystem, we’re talking about a subject that doesn’t come up much on the Lawfare Podcast: the Securities and Exchange Commission. Facebook whistleblower Frances Haugen has made waves with her congressional testimony and the many damaging news stories being reported about Facebook based on the documents she released. But before these documents became the Facebook Papers, Haugen also handed them to the SEC as part of a whistleblower complaint against the company. So, we thought we should dig into what that actually means.

    What is the likelihood that Haugen’s SEC filings turn into an investigation into the company? Should Facebook be worried? Evelyn Douek and Quinta Jurecic discussed these questions with Jacob Frenkel, who spent years at the SEC and is now the chair of government investigations and securities enforcement at the law firm Dickinson Wright. He explained how to understand the SEC’s role in cases like these, why whistleblowers like Haugen file complaints with the SEC, and why he thinks it’s unlikely that the agency will investigate Facebook based on Haugen’s disclosures.

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


    Somalia, Al-Shabab, and the United States, with Julian Barnes and Emilia Columbo Oct 27, 2021
    Show notes

    In November 2020, a raid against terrorists in Somalia led to the death of an American working for the CIA Special Activities Center. This, after the Trump administration had eased combat rules and airstrikes in Somalia surged. Now the Biden administration seems to be reviewing its policy toward Somalia and the al-Shabab terrorists there.

    David Priess talked about it with Julian Barnes, a national security reporter for the New York Times focusing on the intelligence agencies, and coauthor of a recent article in the Times that uses the story of the hunt for an elusive al-Shabab bomb maker to shine a light on the group's continuing strength and the challenges for U.S. policy. Joining them was former CIA senior analyst Emilia Columbo, now a senior associate to the Africa Program at the Center for Strategic and International Studies, as well as senior security risk analyst at VoxCroft Analytics.

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


    Katrina Northrop on the Evergrande Debt Crisis Oct 26, 2021
    Show notes

    Evergrande is a massive Chinese real estate company that has found itself with more than $300 billion in liability and no real idea of how to get out of debt. Its financial problems have come to a head in recent months, and concerns have grown about the potential of Evergrande’s debt problems to threaten the Chinese economy. It's a financial story, but one with real implications for China's broader economic picture in great power competition between the U.S. and China. To break it all down, Jacob Schulz spoke with Katrina Northrop. a reporter for The Wire China and the author of a recent profile of Evergrande and its highly mercurial CEO.

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


    Pete Strzok on Declining FISAs and Human Source Handling Oct 25, 2021
    Show notes

    Pete Strzok is a former counter-intelligence official at the FBI. He is the author most recently of an article in Lawfare entitled, “The Sussmann Indictment, Human Source Handling, and the FBI’s Declining FISA Numbers.” It's an article that makes an interesting connection between a sentence in the indictment of Democratic lawyer Michael Sussmann and some data on FISA applications released by the Office of the Director of National Intelligence. They may seem unconnected, but Strzok argues that there may be a deep connection between the two, and he sat down with Benjamin Wittes to discuss it. They talked about the anomaly of the Sussmann indictment; about how it was the tip of a very large iceberg of investigations of officials, agents and analysts who worked on the Crossfire Hurricane investigation; and about the shocking decrease in the number of FISA orders issued over the length of the Trump presidency.

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


    Lawfare Archive: Rep. Adam Schiff on the Role of Congress in Protecting Liberal Democracy Oct 24, 2021
    Show notes

    From March 25, 2017: Between leading the House Permanent Select Committee on Intelligence's first open hearing on Russian election interference on Monday, and sparring with HPSCI Chairman Rep. Devin Nunes over Nunes's odd escapades regarding possible incidental collection of communications of Trump associates, HPSCI Ranking Member Rep. Adam Schiff has had a busy week. On Tuesday, Lawfare and the Brookings Institution were pleased to host Rep. Schiff for an address on "The Role of Congress in Protecting Liberal Democracy." In conversation with Lawfare's Benjamin Wittes and Susan Hennessey, Rep. Schiff spelled out an ambitious legislative program and a vision for revitalizing the power of Congress under the Trump presidency.

    If you're interested in reading Rep. Schiff's remarks, Lawfare has published them here in article form.

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


    Lawfare Archive: Paul Lewis on Not Closing Guantanamo Oct 23, 2021
    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.


    Container Shipping and Supply Chain Delays with Gregg Easterbrook Oct 22, 2021
    Show notes

    Ports in many countries are experiencing congestion. For weeks now, there have been reports that there will be delays in many common products, and people are wondering what is causing this and how it can end. David Priess sat down with Gregg Easterbrook, a former fellow in economics and in governance studies at the Brookings Institution. He was a staff writer, national correspondent or contributing editor at The Atlantic for nearly 40 years, and more recently, he is the author of “The Blue Age: How the US Navy Created Global Prosperity—And Why We're in Danger of Losing It.” They talked about everything from the U.S. Navy's dominance of global oceans, to the shipping trade, to the economics of COVID and supply chains.

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


    Twitter’s Head of Public Policy Explains the Company’s Advice to Regulators Oct 21, 2021
    Show notes

    On this week’s episode of Arbiters of Truth, our series on the online information ecosystem, Evelyn Douek and Quinta Jurecic spoke with Nick Pickles, the director of global public policy strategy at Twitter. They discussed a new paper just released by Twitter, “Protecting the Open Internet: Regulatory Principles for Policy Makers”—which sketches out, in broad strokes, the company’s vision for what global technology policy should look like. The paper discusses a range of issues, from transparency to everyone’s favorite new topic, algorithms.

    As a platform that’s often mentioned in the same breath as Google and Facebook, but is far smaller—with hundreds of millions of users rather than billions—Twitter stands at an interesting place in the social media landscape. How does Twitter define the “open internet,” exactly? How much guidance is the company actually giving to policymakers? And, what does the director of global public policy strategy do all day?

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


    Everything You Wanted to Know About Executive Privilege But Were Afraid to Ask Oct 20, 2021
    Show notes

    Jonathan David Shaub is an assistant professor of law at the University of Kentucky. He is a former OLC attorney and the author of a series of recent Lawfare posts on executive privilege, witnesses, documents and the Jan. 6 committee. He sat down with Benjamin Wittes to talk about Steve Bannon, the former president's suit against the National Archives, all of the privilege claims that are floating around, the misinformation about them that's proliferating on Twitter, and how the Justice Department will think about actually handling the cases that are now presenting themselves to it.

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


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