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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:

The Senate Foreign Relations Committee's Democratic Staff Report on Diplomacy in Crisis Aug 04, 2020

Show notes

Last Friday the Lawfare Podcast brought you Secretary of State Mike Pompeo's full statement before the Senate Foreign Relations Committee, and his question and answer session with the senators, all with "no bull." A few days before that hearing, the Democratic staff of the Committee released its most recent oversight report titled "Diplomacy in Crisis: The Trump Administration's Decimation of the State Department." Following remarks by Ranking Member Bob Menendez, Margaret Taylor moderated a panel discussion about the report featuring three distinguished former ambassadors with close to 75 years of diplomatic experience between them—Tom Shannon, Barbara Stephenson and Bonnie Jenkins—as well as Elizabeth Shackelford, who in 2017 resigned her career post in protest of the Trump administration. They talked about the contents of the minority staff report, the recommendations it contains and the long-term consequences of what the report documents for America's foreign policy and national security interests.

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Michel Paradis on 'Last Mission to Tokyo' Aug 03, 2020

Show notes

Michel Paradis is a scholar of international law and human rights who has worked for more than a decade for the U.S. Department of Defense Military Commissions Defense Organization, where he has worked on a number of the landmark court cases to arise out of Guantanamo Bay. Most recently, he is the author of the book "Last Mission to Tokyo: The Extraordinary Story of the Doolittle Raiders and Their Final Fight for Justice." It's the story of two military commissions that arose out of the first U.S. bombing raid over Japan during World War II: One, the trial by the Japanese of a number of Americans who participated in the raid, and the other after the war, of the Japanese who conducted the first trial for their conduct of that trial. Benjamin Wittes spoke with Michel about the extraordinary history he uncovered, how he came to be interested in these cases and how they relate to the ongoing U.S. experiments with military commissions.

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Pompeo vs. the Committee with No Bull Jul 31, 2020

Show notes

Secretary of State Mike Pompeo testified before the Senate Foreign Relations Committee on Thursday. Pompeo was asked about the threats posed by China and Russia, the decision to withdraw 12,000 U.S. troops from Germany, the upcoming presidential election and much more. The hearing did include some grandstanding and repetition, but we cut out all of the theatrics to leave you with just the questions and answers that you need to hear.

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Jillian C. York on Free Expression on a Broken Internet Jul 30, 2020

Show notes

This week on Lawfare's Arbiters of Truth series on disinformation, Kate Klonick and Quinta Jurecic spoke with Jillian C. York, the director for International Freedom of Expression at the Electronic Frontier Foundation. She’s been an activist working on issues of internet freedom and free expression for many years, which gives her a unique perspective on debates over disinformation and platform governance. Jillian and Kate discussed Facebook’s Oversight Board—the entity designed to provide accountability for the platform’s content moderation decisions—whose development they have watched closely, and about which Kate has written a recent article. They also discussed why Jillian thinks content moderation is broken, what technology companies could do better and how discussions of platform governance tend to focus on the United States to the exclusion of much of the rest of the world.

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Barr vs. the Committee with No Bull Jul 29, 2020

Show notes

Attorney General William Barr testified before the House Judiciary Committee on Tuesday. Barr was asked about the federal government's response to protests, the upcoming presidential election, the dismissal of former U.S. Attorney Geoffrey Berman and much more. The hearing did include a lot of bickering and grandstanding, but we cut out all of the unnecessary repetition and theatrics to leave you with just the questions and answers that you need to hear.

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What to Do With Detained Islamic State Fighters in Iraq and Syria Jul 28, 2020

Show notes

For a while, there have been large numbers of alleged former Islamic State state fighters and affiliates detained by the Iraqi government and by autonomous authorities in Syria. The fate of these detainees—and the more than 60,000 people affiliated with the men who live in refugee camps in the region—remains a pressing national security issue for countries in the region, as well as the United States and its Western allies. To talk about the situation, Jacob Schulz spoke with Bobby Chesney, Lawfare co-founder and professor of law at the University of Texas; Vera Mironova, a research fellow at Harvard and, among other things, author of a recent Lawfare post on trials of Islamic State fighters in Iraq; and Leah West, a lecturer at the Norman Paterson School of International Affairs at Carleton University and a fellow at the McCain Institute. They talked about how the trials have gone in Iraq and Syria; how the U.S., Canada and European countries have responded to the situation; and what lessons can be drawn from U.S. experiences with post-9/11 detention and trials of suspected terrorists.

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Anne Applebaum on the Twilight of Democracy Jul 27, 2020

Show notes

Anne Applebaum is a columnist, writer, historian and most recently, the author of "Twilight of Democracy: The Seductive Lore of Authoritarianism," a book that explores why authoritarian ideologies are on the ascendance in countries as diverse as Poland, Hungary, Spain, the United States and Great Britain. Benjamin Wittes spoke with Anne about the themes of the book: Why are all of these authoritarian ideologies on the rise now? What is the role of social media in their rise? What are the major themes that they have in common, and how different are they location by location? How did conservative ideology come to fracture the way it has over so brief a period of time? And how is the modern wave of authoritarianism different from earlier iterations of it?

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How Corruption Works in China Jul 24, 2020

Show notes

Why has modern China prospered in spite of vast corruption? On this episode of ChinaTalk, Jordan Schneider talks with Yuen Yuen Ang, associate professor of political science at the University of Michigan, about her new book, "China's Gilded Age: The Paradox of Economic Boom and Vast Corruption." She draws comparisons between U.S. history and the China of today, arguing that access money in China functions like campaign finance in the States. They also discuss the implications of corruption for regime stability.

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Hany Farid on Deep Fakes, Doctored Photos and Disinformation Jul 23, 2020

Show notes

This week on Lawfare's Arbiters of Truth series on disinformation, Evelyn Douek and Quinta Jurecic spoke with Hany Farid, a professor at the University of California, Berkeley, whose work focuses on analyzing and identifying altered photo and video—what’s known as digital image forensics. Recently, he has done work on deep fakes—realistic synthetic media in which a person’s likeness is altered to show them doing or saying something they never did or said. He’s also helped develop technology used by platforms to identify and remove material related to child sexual abuse. They talked about how dangerous deep fakes really are, how much of that danger is the technology itself and how much of it has to do with how big platforms amplify incendiary content, and whether platforms should moderate disinformation and misinformation in the same aggressive way they take down sexually abusive material.

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Schrems II and the Future of Transatlantic Data Jul 22, 2020

Show notes

Last week, the European Court of Justice released its much awaited decision in Data Protection Commissioner v Maximilian Schrems, commonly known as Schrems II, which addressed which privacy requirements governments and corporations within the European Union will be required to secure before participating in international data transfers. The court's decision casts serious doubt on many of the measures currently in place, most notably in relation to the United States's own national security and surveillance activities, and thus raises new questions about how the European Union would continue to interact with the global digital economy. To discuss these developments, Scott R. Anderson sat down with Peter Swire, professor of law and ethics at the Scheller College of Business at the Georgia Institute of Technology and himself a former privacy official in the Clinton and Obama administrations, and Stewart Baker, currently of counsel at Steptoe & Johnson and previously the assistant secretary for policy at the Department of Homeland Security during the George W. Bush administration.

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