The Lawfare Podcast - The Lawfare Institute

Latest Episodes:

Stan Brand on the State of Congressional Oversight and Subpoena Power Apr 11, 2020

Show notes

Margaret Taylor sat down with Stan Brand, who served as the general counsel to the U.S. House of Representatives from 1976 to 1983. They talked about key issues working their way through the courts that could redefine congressional subpoena power and congressional oversight for a generation. How will these cases move forward in light of the COVID-19 pandemic? How might they be decided, and what might that mean for the future of congressional power? And what impact are these cases having on congressional oversight right now?

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Jim Baker on FISA Errors Apr 10, 2020

Show notes

Jim Baker served as general counsel for the Federal Bureau of Investigation. He was also the counsel for the Office of Intelligence Policy and Review at the Justice Department, where he supervised FISA applications. He joined Benjamin Wittes in the virtual Jungle Studio to discuss Inspector General Michael Horowitz's shocking report on inaccuracy in FISA applications, and the problems at the FBI that led to these errors.

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Kate Klonick and Alina Polyakova on Pandemics, Platform Governance and Geopolitics Apr 09, 2020

Show notes

On this episode of Lawfare's Arbiters of Truth series on disinformation, Quinta Jurecic speaks with Alina Polyakova and Kate Klonick, who both have expertise that can clarify our confusing current moment. Alina has been running a great series of virtual events at the Center for European Policy Analysis on disinformation and geopolitics during COVID-19. And Kate’s research on platform governance helps shed light on the aggressive role some tech platforms have been playing in moderating content online during the pandemic.

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China, Technology and Global Supply Chains with the Cyberspace Solarium Commission Apr 08, 2020

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March 11 marked the launch of the official report of the Cyberspace Solarium Commission. The commission is a bicameral, bipartisan intergovernmental body created by the 2019 National Defense Authorization Act, and charged with developing and articulating a comprehensive strategic approach to defending the United States in cyberspace. For the last month, Lawfare has published a series of commentaries on various highlights from the report, some by analysts involved with the commission. In this episode of the Lawfare Podcast, we hear a lively discussion from some of the Commission's members, including the co-chair, Representative Mike Gallagher, on a part of that project focusing on China, technology and global supply chains.

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The United Nations and the Coronavirus Crisis Apr 07, 2020

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The devastating effects of the coronavirus COVID-19 are being felt in nearly every corner of the world, with little regard for national borders or boundaries. In many ways, this makes it the exact sort of transnational threat that the United Nations is supposed to help address, yet the response across various U.N. institutions has been inconsistent at best. To understand how the United Nations is responding to the coronavirus crisis and why, Scott R. Anderson spoke with two people who know it like few others: U.N. Resident Correspondent and CBS News Analyst Pamela Falk, and U.N. Director for the International Crisis Group Richard Gowan.

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Stephen Holmes on Liberalism in the 21st Century Apr 04, 2020

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Stephen Holmes is the Walter E. Mayer Professor of Law at New York University. With Ivan Krastev he is the author of "The Light that Failed: a Reckoning." Jack Goldsmith sat down with Holmes to talk about his new book and much more. The pair discussed the fate of liberalism in the decades following the fall of the Berlin wall, Holmes’ experience studying Eastern European politics, the problems with trying to export liberalism across the globe and the factors that have led to the global rise of illiberal leaders.

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Nate Persily Asks Whether Democracy Can Survive the Internet Apr 02, 2020

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On this episode of the Lawfare Podcast's Arbiters of Truth series on disinformation, Evelyn Douek and Quinta Jurecic spoke with Nate Persily, the James B. McClatchy Professor of Law at Stanford Law School. Persily is also a member of the Kofi Annan Commission on Democracy and Elections in the Digital Age, which recently released a report on election integrity and the internet for which Nate provided a framing paper. Alongside his work on internet governance, Nate is also an expert on election law and administration. They spoke about the commission report and the challenges the internet may pose for democracy, to what extent the pandemic has flipped that on its head, and, of course, the 2020 presidential election.

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Dan Drezner on Zombies, Viruses, and Toddlers Apr 01, 2020

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Joining Benjamin Wittes in the virtual jungle studio is Daniel Drezner, professor at the Fletcher School at Tufts University, and the author of two political science books: one on zombie apocalypses and international relations theory, and a new book on the president as a toddler. These books are serious pieces of political science, are very funny, and in different ways, are highly relevant to the situations we face today as a society. Dan and Ben talked about how zombies are similar to and different from coronavirus, whether international relations theory correctly anticipates how governments will respond to crises, and about Dan's epic Twitter thread on the toddler in chief.

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Ben Hubbard on MBS Mar 31, 2020

Show notes

Saudi Arabia continues to be a mainstay of newspaper headlines, whether it be for its oil price war with Russia or for news about Turkish indictments in connection with the murder of journalist Jamal Khashoggi. But making sense of Saudi Arabia’s de facto leader, Mohammed Bin Salman, known widely as MBS, can be a difficult proposition. He has made social reforms—lifting the ban on women driving and taking power away from Saudi Arabia’s infamous religious police—but he has no interest in political reform and has a propensity to take impulsive and remarkably violent action, both in the foreign policy space and toward perceived enemies within Saudi Arabia and beyond. Ben Hubbard, Beirut bureau chief for the New York Times, provides an account of the young prince’s rise and his early years in power in Saudi Arabia. Jacob Schulz talked with Hubbard about MBS's rise to power, his influence on domestic life in Saudi Arabia, his relationship to Jared Kushner and the Trump administration, and about the White House response to Khashoggi’s murder.

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Coronavirus Around the World Mar 28, 2020

Show notes

As the coronavirus pandemic spreads across the globe, it can be difficult to keep track of how the virus has spread and how different countries have responded. So, this week we are doing something a little bit different. We are bringing you dispatches about how nine different countries are handling the COVID-19 outbreak. Jacob Schulz spoke with experts about the situations in Poland, Spain, South Korea, Italy, Russia, South Africa, Iran, China, and Great Britain. You will hear from journalists, Brookings experts, a former CIA officer, and a Member of European Parliament, among others.

What are the restrictions different governments have put in place? What legal authorities have they relied on? How has COVID-19 and the corresponding government response affected life in each of the countries?

Guests this week were Amanda Sloat, Robert Bosch Senior Fellow at the Brookings Institution; Radek Sikorski, Member of European Parliament and former Polish Minister of Defense and Minister of Foreign Affairs; Alex Finley, satirist and former CIA officer; Brian Kim, Lawfare contributor and law student at Yale Law School; Giovanna De Maio, a visiting fellow at the Brookings Institution; Joshua Yaffa, the Moscow correspondent for The New Yorker; Erin Bates, law student and freelance broadcast journalist in South Africa; Suzanne Maloney, Interim Vice President of Foreign Policy at the Brookings Institution; and Sophia Yan, China correspondent for the Telegraph.

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