The Lawfare Podcast: Patreon Edition - The Lawfare Institute

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Lawfare Archive: David Frum on Threats to Democracy in the Trump Era Nov 11, 2024

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From February 10, 2018: In his recent New York Times bestseller “Trumpocracy: The Corruption of the American Republic,” David Frum, senior editor of The Atlantic, lays out a compelling account of how President Donald Trump’s tendencies could push the United States toward the illiberalism that many Americans believe the republican system of government to be immune to. In an event on Feb. 7 at the Brookings Institution, Frum sat down with Jonathan Rauch, Elaine Kamarck, and Lawfare’s Benjamin Wittes for a conversation and Q&A on the book and Trump’s threats to democracy.

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Lawfare Archive: "The First Day of the Rest of Our Lives" Edition Nov 10, 2024

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From November 12, 2016: This week, the Lawfare Podcast brings you a joint episode of the show together with Rational Security. The usual Rational Security gang—Shane, Ben, Tamara, and Susan—reflect on the results of the election and ask: What national security themes drove Donald Trump's supporters? What challenges does Trump face forming a government? And how will America’s allies react to his election?

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Lawfare Daily: Congress After the 2024 Elections Nov 09, 2024

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Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editors Molly Reynolds and Quinta Jurecic to discuss how Congress may change given the results of the 2024 election, what congressional oversight might look like during President-elect Donald Trump’s second term, how Congress will work with Trump’s administration, and more in a live recording on Lawfare’s YouTube channel.

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Lawfare Daily: The New Program to Protect Americans' Bulk Data from Foreign Exploitation, with DOJ's Devin DeBacker Nov 08, 2024

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Today, Lawfare General Counsel and Senior Editor Scott R. Anderson and Lawfare Contributing Editor Brandon Van Grack sat down with Devin DeBacker, the Chief of the Foreign Investment Review Section at the U.S. Department of Justice, to talk about the new program his office is setting up regulating foreign transactions involving bulk data on Americans.

Together, they discussed the contours of the new regulatory program, what sorts of exploitation of Americans’ data it aims to prevent, and how it intersects with other steps Congress has taken, including the recent Protecting Americans’ Data from Foreign Adversaries Act.

This episode is part of our special series, “The Regulators,” co-sponsored with Morrison Foerster, in which Brandon and Scott sit down with senior U.S. officials working at the front lines of U.S. national security and economic statecraft.

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Lawfare Daily, Trump’s Trials and Tribulations: What Happens Now? (November 7, 2024) Nov 08, 2024

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This episode of “Lawfare Live: Trump’s Trials and Tribulations,” was recorded on November 7 in front of a live audience on YouTube and Zoom.

Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Senior Editors Scott R. Anderson, Anna Bower, and Roger Parloff about how Donald Trump winning the 2024 presidential election will impact the criminal cases against him, his ability to pardon himself and his co-defendants, and more.

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Lawfare Daily: What Does a Second Trump Term Look Like? Nov 07, 2024

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On Tuesday, November 5, former President Trump won the 2024 presidential election, becoming the second president to win a non-consecutive second term. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editors Alan Rozenshtein, Scott R. Anderson, Anna Bower, and Quinta Jurecic to discuss what happens now. They talk about what a second Trump administration may bring and what to keep an eye out for during the transition in a live recording on Lawfare’s YouTube channel.

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Lawfare Daily: The Dangers of Deploying the Military on U.S. Soil Nov 06, 2024

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For today’s special episode, Lawfare General Counsel and Senior Editor Scott R. Anderson held a series of conversations with contributors to a special series of articles on “The Dangers of Deploying the Military on U.S. Soil” that Lawfare recently published on its website, in coordination with our friends at Protect Democracy.

Participants include: Alex Tausanovitch, Policy Advocate at Protect Democracy; Laura Dickinson, a Professor at George Washington University Law School; Joseph Nunn, Counsel in the Liberty and National Security Program at the Brennan Center; Chris Mirasola, an Assistant Professor at the University of Houston Law Center; Mark Nevitt, a Professor at Emory University School of Law; Elaine McCusker, a Senior Fellow at the American Enterprise Institute; and Lindsay P. Cohn, a Professor of National Security Affairs at the U.S. Naval War College.

Together, they discussed how and why domestic deployments are being used, the complex set of legal authorities allowing presidents and governors to do so, and what the consequences might be, both for U.S. national security and for U.S. civil-military relations more generally.

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Chatter: Our Fascination with the Presidency with Tim Naftali Nov 05, 2024

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It’s Election Day, but we’re not talking about the campaign. Shane Harris welcomes Tim Naftali back to the show to talk about Americans’ fascination with the presidency. When did the “modern presidency” begin? When did voters and the press become fixated on presidents’ private lives? And what do we get wrong about the nation’s highest office?

Naftali, a presidential historian, was last on Chatter in June 2022 to talk about Watergate, a subject on which he’s one of the country’s leading experts. Today’s conversation helps put the momentousness of this year’s election in some historic perspective. Have a listen while you’re standing in line to vote!

People, plays, and policies discussed in this conversation include:

Theodore Roosevelt, the first modern president: https://millercenter.org/president/roosevelt/life-in-brief
Oh, Mary! by Cole Escola: https://www.ohmaryplay.com/
The presidential “kill list”: https://www.washingtonpost.com/world/national-security/newly-declassified-document-sheds-light-on-how-president-approves-drone-strikes/2016/08/06/f424fe50-5be0-11e6-831d-0324760ca856_story.html
The Jimmy Carter “running” photo: https://content.time.com/time/specials/packages/article/0,28804,2025424_2025864_2025986,00.html
Teddy White: https://www.nytimes.com/1986/05/16/obituaries/theodore-white-chronicler-of-us-politics-is-dead-at-71.html
Read more about Naftali and his work: https://www.sipa.columbia.edu/communities-connections/faculty/timothy-naftali

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Lawfare Daily: Can Chinese Cyber Operations Be Deterred, with Dakota Cary Nov 05, 2024

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Dakota Cary, Strategic Advisory Consultant at SentinelOne, joins Lawfare Senior Editor Eugenia Lostri, to discuss his article on U.S. attempts to deter Chinese hacking group Volt Typhoon. They talk about why Volt Typhoon won’t stop its intrusions against critical infrastructure, whether other hacking groups can be deterred, and where we should focus our attention to counter malicious activity.

Materials discussed during the episode:

"Exploring Chinese Thinking on Deterrence in the Not-So-New Space and Cyber Domains," by Nathan Beauchamp-Mustafaga
Final Report of the Defense Science Board (DSB) Task Force on Cyber Deterrence, February 2017
The Atlantic Council report, "Adapting US strategy to account for China’s transformation into a peer nuclear power," by David O. Shullman, John K. Culver, Kitsch Liao, and Samantha Wong

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Lawfare Daily: Bioweapons, North Koreans, and Musk, Oh My! Nov 04, 2024

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An old Soviet bioweapons lab shows new sign of life—and growth. Thousands of North Korean soldiers are in Russia to fight against Ukraine. And Russian President Vladimir Putin seems to have Elon Musk's direct line. What's going on in Russia?

Lawfare's Editor in Chief Benjamin Wittes sits down with Foreign Policy Editor Daniel Byman and Tim Mak of The Counteroffensive to talk through the news of the weird from Russia.

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