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The Lawfare Podcast – The Lawfare Institute — Government
The Lawfare Podcast – 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.
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Copyright: © The Lawfare Institute

Latest Episodes:

A Moratorium Fiasco Aug 11, 2021

Show notes

You've probably heard about the craziness around the Biden administration’s new eviction moratorium. They consulted outside law professors instead of the Justice Department. Or did they? The president said he didn't have the authority to do it, and then he did it anyway. Lawfare has published two big articles on the subject in the last couple of days—one of them by Lawfare senior editor Alan Rozenshtein, and the other by Lawfare founding editor Jack Goldsmith. They both joined Benjamin Wittes to talk it all through. What exactly did the Biden administration say? What exactly did it do? Where was the Justice Department? And did any of this violate the law?

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Ben Kaiser and Jonathan Mayer on Fighting Misinformation Online Aug 10, 2021

Show notes

The spread of misinformation is one of the biggest challenges facing social media platforms. A standard approach is to label suspicious posts or links so as to warn users that what they're engaging with is not reputable, but warnings, despite their wide use, haven't proven to be particularly successful. So what's a social media platform to do?

Two Princeton University computer scientists, Ben Kaiser, a PhD student, and Professor Jonathan Mayer, think they've found a better way. Instead of warning users about misinformation, they propose putting roadblocks between users and the misinformation they're tempted to click on. Alan Rozenshtein spoke with Ben and Jonathan about their research and about a piece they and Dr. J. Nathan Matias wrote recently for Lawfare entitled, "Warnings that Work: Combating Misinformation Without Deplatforming."

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The Olympics Aren't All Fun and Games Aug 09, 2021

Show notes

The Olympics ended yesterday after more than two weeks of exciting international competition in Tokyo. On this episode of the podcast, we're taking a look back at some of the security and international affairs issues that you might have noticed in this year's games and in Olympic history. Rohini Kurup sat down with author Roy Tomizawa to talk about the last time that Japan hosted the Summer Olympics in 1964 and the similarities with this year's games. Bryce Klehm spoke with Libby Lange, a former speech writer for Taiwanese President Tsai Ing-wen, about the tense relations between China and Taiwan on display at the Olympics. Jacob Schulz spoke with Ethan Scheiner, a professor at UC Davis, about the history of violence at the Olympics. And Bryce talked with Claire Collins, an Olympic rower and a member of the U.S. national team, about participating in this year's games and some of the security challenges that followed.

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Lawfare Archive: War Powers History You Never Knew with Matt Waxman Aug 08, 2021

Show notes

From March 9, 2019: For the past year, Matthew Waxman has been writing a series of vignettes on Lawfare about interesting—and usually overlooked—historical episodes of American constitutional war powers in action, and relating them to modern debates. These include the stories of St. Claire’s Defeat and the Whiskey Rebellion during the Washington administration, congressional war powers and the surprisingly late termination of World War I, the proposed Ludlow Amendment during the interwar years, and Dwight Eisenhower’s surprisingly broad Taiwan force authorization.

Benjamin Wittes invited Matt on the podcast to talk about these episodes and how they fit together into the book broader project from which they sprung. It's a great discussion, very different from the usual war powers debates. Even if you think you know a lot about constitutional war powers, you’ll learn a lot.

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Lawfare Archive: Antony Blinken on the Future of Central Asia Aug 07, 2021

Show notes

From the April 18, 2015: Deputy Secretary of State Antony Blinken visited Brookings for a public address on the current priorities and future prospects for U.S. engagement in Central Asia. With the draw-down in Afghanistan on the horizon, Mr. Blinken makes clear that the United States is not relinquishing its interests in the region. Blinken stresses that the security of the United States is enhanced by a more secure Central Asia, and a stable Central Asia is most likely if the nations there are sovereign and independent countries, connected with one another, and fully capable of defending their own borders. He concludes that investing in connectivity can spur commerce from Istanbul to Shanghai while serving as a stabilizing force for Afghanistan's transition.

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Unfinished Business at the Department of Justice Aug 06, 2021

Show notes

It's been a busy few weeks at the Justice Department. There was a major indictment of the chair of the former president's inaugural committee. There have been new policies promulgated on subpoenas to media organizations and on Justice Department White House contacts. There's been a decision not to defend a member of Congress for his role in the Jan. 6 uprising, and there are questions about what positions the Justice Department is going to take as the Jan. 6 committee begins its work. To talk about it all, Lawfare executive editor Scott R. Anderson sat down with Lawfare editor-in-chief Benjamin Wittes, former Justice Department official Carrie Cordero, now with the Center for a New American Security, and Chuck Rosenberg, who served at both DOJ and FBI.

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Facebook’s Thoughts on Its Oversight Board Aug 05, 2021

Show notes

There have been a thousand hot takes about the Facebook Oversight Board, the Supreme Court-like thing Facebook set up to oversee its content moderation. The Board generated so much press coverage when it handed down its decision on Donald Trump’s account that Kaitlyn Tiffany at The Atlantic called the whole circus “like Shark Week, but less scenic.” Everyone weighed in, from Board Members, to lawmakers, academics, critics and even Lawfare podcast hosts. But there’s a group we haven’t heard much from: the people at Facebook who are actually responsible for sending cases to the Board and responding to the Board’s policy recommendations. Everyone focuses on the Board Members, but the people at Facebook are the ones that can make the Board experiment actually translate into change—or not. So this week for our Arbiters of Truth series on our online information environment, in light of Facebook’s first quarterly update on the Board, Evelyn Douek talked with Jennifer Broxmeyer and Rachel Lambert, both of whom work at Facebook on Facebook’s side of the Oversight Board experiment. What do they think of the first six or so months of the Oversight Board’s work? How do they grade their own efforts? Why is their mark different from Evelyn’s? And, will the Oversight Board get jurisdiction over the metaverse?

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Peter Bergen Reassessing Osama bin Laden Aug 04, 2021

Show notes

The U.S. raid on the compound in Abbottabad, Pakistan, that brought Osama bin Laden to ultimate justice also recovered nearly half a million files. In 2017, these files were publicly released, but few people have the expertise, the experience and the time to go through those materials, as well as interview family members of bin Laden and former associates to try to paint a full picture of the man. One person who fits that description is Peter Bergen, the author or editor of eight books, including "Holy War, Inc.," the definitive early study of bin Laden and al-Qaeda. Peter is also a vice president at New America and a national security analyst for CNN. Most recently, he is author of "The Rise and Fall of Osama bin Laden," a cradle-to-grave biography that takes advantage of a lot of this new material.

David Priess sat down with Peter to talk about bin Laden's evolution from a shy, humble, religious young man to the leader of a global terrorist network bent on killing thousands of civilians. They talked about the development of al-Qaeda as an organization and the U.S. response to al-Qaeda attacks, but they focused especially on what Peter learned from the 470,000+ files and his interviews that made him change his mind about a few things regarding al-Qaeda and Osama bin Laden.

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Alex Vindman on 'Here, Right Matters' Aug 03, 2021

Show notes

Lieutenant Colonel Alexander Vindman is the Pritzker Military Fellow at the Lawfare Institute, a former NSC staffer, and of course, an impeachment witness in the first impeachment of Donald J. Trump. He is also the author of the new book, "Here, Right Matters: An American Story." He joined Benjamin Wittes to talk about the book and the ground it covers—from Vindman's immigration as a small child, to his departure from the Army, the decision he made to report what he heard Donald Trump say to President Zelensky of Ukraine and the fallout, positive and negative.

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Sue Gordon and John McLaughlin on Intelligence, Biden and Trump Aug 02, 2021

Show notes

The president's interactions with intelligence and public comments about intelligence are dramatically different in the first six months of the Biden administration than they were during the last presidency. To talk about those differences and why they matter for intelligence and national security, David Priess sat down with Sue Gordon and John McLaughlin. Sue Gordon, for two years during the Trump administration, was the principal deputy director of national intelligence, after decades of service at CIA and at the National Geospatial-Intelligence Agency, or NGA. John McLaughlin served as the acting director of central intelligence during the Bush 43 administration, after a career as an analyst, manager and executive in the CIA.

They talked about the differences between the Trump administration and the Biden administration when it comes to intelligence focused on the presidents themselves. And they talked about President Biden's recent comments at Liberty Crossing in McLean, Virginia, the home of the Office of the Director of National Intelligence and the National Counterterrorism Center, what he said and what he didn't say, and what it all reveals about intelligence and policymaking in the Biden years.

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