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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:

Jerusalem on the Brink May 12, 2021

Show notes

The situation in Israel and the Palestinian Territories is growing heated. Protests over the forced dislocation of Palestinian residents of East Jerusalem have escalated into violent confrontations with Israeli police forces, including in the Old City of Jerusalem and on the sacred grounds of the al-Aqsa Mosque, interrupting prayers there during the holy month of Ramadan. Over the past few days, these clashes have in turn triggered rocket attacks into Israel from Hamas-controlled Gaza and reciprocal airstrikes by the Israeli military. Some such rockets have even reached the city of Tel Aviv, leading Israeli Prime Minister Benjamin Netanyahu and his coalition partner, Alternate Prime Minister Benny Gantz, to promise a new military operation against Hamas in Gaza over the days to come.

To catch up on these fast-moving developments, Scott R. Anderson sat down with Natan Sachs, a fellow at the Brookings Institution and director of the Center for Middle East Policy, and Zaha Hassan, a human rights lawyer and visiting fellow at the Carnegie Endowment for International Peace. They discussed the origins of this most recent conflict, the unusual Israeli and Palestinian political context in which it is occurring and what it might all mean for the Biden administration's own objectives in the region.

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Ignatius and Goldsmith on the Story of Kash Patel May 11, 2021

Show notes

David Ignatius, a columnist for the Washington Post, recently ran a lengthy column about the machinations of Kash Patel in the executive branch during the presidential transition. Patel, a former staffer for Devin Nunes, held a variety of positions in the months before Donald Trump left office, and Donald Trump considered him for a variety of other positions. It's a remarkable story that raises a whole series of questions that Jack Goldsmith has been asking on Lawfare for some time. Benjamin Wittes sat down with Ignatius and Goldsmith to discuss the article. What was Patel up to in the final days of the Trump administration? What does it say about the way the executive branch functioned under Donald Trump? And what does it say about the activities of the deep state?

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After Trump, Episode 5: Independent Justice May 10, 2021

Show notes

In the fifth episode of "After Trump," the six-part limited podcast series based on the book, "After Trump: Reconstructing the Presidency," by Bob Bauer and Jack Goldsmith, we consider whether the Justice Department is really independent of the president.

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Dara Lind on Immigration and the Southern Border May 07, 2021

Show notes

Over its first 100 days in office, the Biden administration has faced a difficult set of policy challenges at America's southern border, ranging from new waves of individuals driven to try to cross the border by the effects of the global pandemic, to the often difficult legacy left by some of his predecessor's draconian immigration policies. As a candidate, Biden channeled Democrats' outrage with former President Trump's actions on immigration and pledged to reverse them. But now that he is in office, will Biden find more common ground with his predecessor than expected, or will he turn over a new page on America's immigration policies?

Scott R. Anderson sat down with ProPublica immigration reporter Dara Lind to discuss what drives immigration to the United States, how the Biden administration has responded thus far and what it may all mean for the future of immigration policy in the United States.

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The Facebook Oversight Board Rules on Trump May 06, 2021

Show notes

The wait is over. Four months after Facebook indefinitely banned Donald Trump from its platform following the Capitol riot, the Facebook Oversight Board—the platform’s self-appointed quasi-court—has weighed in on whether or not it was permissible for Facebook to do so. And the answer is ... complicated. Mark Zuckerberg can still keep Trump off his platform for now, but the board says that Facebook must review its policies and make a final decision about the former president’s fate within six months.

To discuss the decision, Lawfare Editor-in-Chief Benjamin Wittes hosted a special episode of Arbiters of Truth, our Lawfare Podcast miniseries on our online information ecosystem. He sat down with Evelyn Douek, Quinta Jurecic and Lawfare Deputy Managing Editor Jacob Schulz for a conversation about the Oversight Board’s ruling. Did the Oversight Board make the right call? What might the mood be like in Facebook headquarters right now? What about Twitter’s? And is this decision really the Oversight Board’s Marbury v. Madison moment?

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The Return of Rudy May 05, 2021

Show notes

Rudy Giuliani played a central role, both in President Trump’s response to the Mueller investigation and in the drama in Ukraine that eventually led to Trump’s first impeachment. Now, a year later, Giuliani is back in the news, thanks to reports of a search of his apartment by federal investigators in the Southern District of New York. What exactly is Giuliani being investigated for, and how does it connect to his role in the first impeachment? What does it mean that the Justice Department reportedly decided not to move ahead with the search under the Trump administration but that Attorney General Merrick Garland gave the thumbs-up? Quinta Jurecic spoke with Lawfare Editor-in-Chief Benjamin Wittes and Lawfare Deputy Managing Editor Jacob Schulz to catch up on just what is going on in the wild world of Rudy Giuliani.

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Niall Ferguson on Catastrophes and How to Manage Them May 04, 2021

Show notes

2020 was a remarkable year in so many ways, not least of which was the COVID-19 pandemic and its effects. Why did so many countries bungle their responses to it so badly? And what should their leaders have learned from earlier disasters and the pathologies clearly visible in the responses of their predecessors to them?

Niall Ferguson is the Milbank Family Senior Fellow at the Hoover Institution at Stanford University and the author of more than a dozen books, including, most recently, "Doom: The Politics of Catastrophe." David Priess sat down with Niall to discuss everything from earthquake zones, to viruses, to world wars, all with a mind to how our political and social structures have or have not adapted to the certainty of continued crises.

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After Trump, Episode 4: Prosecuting a President May 03, 2021

Show notes

In the fourth episode of “After Trump,” the six-part limited podcast series based on the book, "After Trump: Reconstructing the Presidency," by Bob Bauer and Jack Goldsmith, we explore how and when a president is held to account for wild and sometimes criminal behavior.

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The State of the U.S.-Turkey Relationship Apr 30, 2021

Show notes

When President Biden entered office, he inherited a bilateral relationship with Turkey that was strained to the limits by the growing independent streak in that country's foreign policy—and one that had been pushed in unfamiliar directions by his predecessor's direct and often unpredictable personal relationship with Turkey's longstanding president, Recep Tayyip Erdoğan. This past week, the Biden administration made its first major move on the U.S.-Turkey relationship by recognizing the atrocities committed against Armenians by Ottoman authorities in the early 20th century as a genocide, a move that prior presidents had avoided for fear of how Turkey might react.

To discuss what these developments may mean for this key bilateral relationship, Scott R. Anderson sat down with Nicholas Danforth of the Hellenic Foundation for European and Foreign Policy and Asli Aydıntaşbaş of the European Council on Foreign Relations. They discussed how Turkey views its place in the world, what this means for its alliance with the United States and how the Biden administration is likely to respond moving forward.

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Israel’s “Cyber Unit” and Extra-legal Content Take-downs Apr 29, 2021

Show notes

Odds are, you probably haven’t heard of the Israeli government’s “Cyber Unit,” but it’s worth paying attention to whether or not you live in Israel and the Palestinian territories. It’s an entity that, among other things, reaches out to major online platforms like Facebook and Twitter with requests that the platforms remove content. It’s one of a number of such agencies around the globe, which are known as Internet Referral Units. Earlier in April, the Israeli Supreme Court gave a green light to the unit’s activities, rejecting a legal challenge that charged the unit with infringing on constitutional rights.

This week on Arbiters of Truth, the Lawfare Podcast’s miniseries on our online information ecosystem, Evelyn Douek and Quinta Jurecic talked to Fady Khoury and Rabea Eghbariah, who were part of the legal team that challenged the Cyber Unit’s work on behalf of Adalah, the Legal Center for Arab and Minority Rights in Israel. Why do they—and many other human rights activists–find Internet Referral Units so troubling, and why do governments like the units so much? Why did the Israeli Supreme Court disagree with Fady and Rabea’s challenge to the unit’s activities? And what does the Court’s decision say about the developing relationship between countries’ legal systems and platform content moderation systems?

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