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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:

Shorts: The Intelligence Chiefs vs. the Committee with No Bull Jan 30, 2019

Show notes

On Tuesday, the Senate Intelligence Committee heard testimony on global threats to U.S. national security from six heads of intelligence agencies: Director of National Intelligence Dan Coats, CIA Director Gina Haspel, FBI Director Christopher Wray, NSA Director Paul Nakasone, NGIA Director Robert Cardillo, and DIA Director Robert Ashley. In a three-hour open session, they gave testimony about North Korea, they gave testimony about Iran, and they gave some testimony that clashed with statements made by the president of the United States. But we cut out all of the bull, and left you with just the 15 minutes of the hearing that you need.

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Stan Brand on Congressional Subpoenas and Contempt Jan 29, 2019

Show notes

With the Democrats taking control of the House of Representatives, the 116th Congress is expected to be one of vigorous oversight of the executive branch, complete with requests for documents and for testimony from executive branch officials. But how does this actually work, and what happens when the executive branch refuses to comply?

To hash it all out, Brookings Senior Fellow Molly Reynolds spoke with Stan Brand, who served as the general counsel to the U.S. House of Representatives from 1976 to 1983. They talked about the institutional role of the House general counsel, the ins and outs of congressional contempt and subpoena enforcement, and the various challenges that the House will have to confront over the next two years.

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Jeffrey Tulis on 'The Rhetorical Presidency' on Steroids Jan 26, 2019

Show notes

On a flight recently, Benjamin Wittes read a book that knocked his socks off: "The Rhetorical Presidency" by political scientist Jeffrey Tulis. While written in 1987, the book seems to anticipate our current president.

Ben got on the phone with Jeffrey Tulis to talk about the book, how the speaking style of presidents changed from the Founding era through the 19th century and into the 20th century, and how the hyper-rhetorical style of Donald Trump, where he's talking all the time, is really an extension of developments that had been going on all through the 20th century.

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Molly Reynolds and Margaret Taylor on National Security and the 116th Congress Jan 23, 2019

Show notes

It's a new year with a new Congress, and the Democrats now control the House of Representatives. But how will that change affect the state of play for national security legal issues? To find out, Benjamin Wittes spoke last Friday with Brookings senior fellow and expert on all things Congress, Molly Reynolds, and Brookings fellow, Lawfare senior editor, and former Chief Democratic Counsel for the Senate Foreign Relations Committee, Margaret Taylor.

They talked about the dynamics of a divided legislature, what committees Lawfare Podcast listeners should keep an eye on, and how the new chairs of certain committees will affect key issues in national security law.

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Ian Bassin on Protecting Democracy Jan 19, 2019

Show notes

Ian Bassin served in the White House Counsel's office under President Obama. At the dawn of the Trump administration, he became the impresario behind the litigating organization Protect Democracy, which has become an increasingly cross-ideological mechanism for using litigation to protect democratic values. Benjamin Wittes sat down with Ian to talk about the differences between Protect Democracy and more traditional litigating organizations, what sort of projects they do take on, and what sort of projects they don't take on. And they talked about the role litigation can and cannot play in preserving the norms that make democracy vibrant.

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Special Edition: Bill Barr vs. the Committee with No Bull Jan 16, 2019

Show notes

Bill Barr spent Tuesday testifying before the Senate Judiciary Committee on his nomination to take over the reins of the Justice Department as attorney general, a role he previously held during the George H.W. Bush administration. Barr spent more than eight hours before the senators. But on this episode of the Lawfare Podcast, we cut out all the BS: No repeated questions, no repeated answers, no ums, no uhs. And we took out everything except the national security questions, leaving you just the questions and responses about Lawfare topics that you want to hear.

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Special Edition: The FBI’s Counterintelligence Investigation of Donald Trump Jan 12, 2019

Show notes

Benjamin Wittes talks to Carrie Cordero, Chuck Rosenberg, David Kris, Jack Goldsmith and Susan Hennessey about the New York Times's report that the FBI opened a counterintelligence investigation of Donald Trump after the president fired Director James Comey in May 2017.

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Greg Miller on “The Apprentice: Trump, Russia and the Subversion of American Democracy” Jan 12, 2019

Show notes

Last week, Jack Goldsmith got on the phone with Pulitzer Prize-winning Washington Post journalist Greg Miller to discuss Miller’s new book, “The Apprentice: Trump, Russia and the Subversion of American Democracy.” Miller’s book chronicles Russia’s efforts to interfere in the 2016 U.S. presidential election and the interactions among members of the Trump campaign, transition, and administration, and officials and representatives of the Russian government. Goldsmith and Miller discussed how Miller approached writing the book, the extraordinary series of apparent connections and contacts between Trump associates and the Russian government, and what Russian President Vladimir Putin might have gained from his brazen interference in the 2016 U.S. presidential election.

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Special Edition: Jaimie Nawaday on the Veselnitskaya Indictment Jan 09, 2019

Show notes

Benjamin Wittes talks to Jaimie Nawaday, a former federal prosecutor in the Southern District of New York, to discuss the indictment of Natalia Veselnitskaya over alleged obstruction of justice in a case Nawaday handled. Nawaday talks about Russian abuse of the American justice system and how Veselnitskaya colluded with the Russian chief prosecutor's office to frustrate American prosecutors.

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John Sipher on Spy Swaps: Past, Present, and Future Jan 08, 2019

Show notes

The Russian government's recent arrest of American Paul Whelan and its charges against him have many politicians and pundits speculating about the possibility of an intended spy swap for Maria Butina. There's a lot going on here, but there's also a lot of misunderstanding about the history of spy swaps, what they are, and what they aren't.

Earlier this week, David Priess sat down with his former CIA colleague John Sipher to talk about it all. They discussed the history of spy swaps, the current case involving Paul Whelan, and prospects for some kind of a release.

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