The Lawfare Podcast - The Lawfare Institute

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The Lawfare Podcast: Senator Tim Kaine on the One Year Anniversary of the War with ISIS Aug 07, 2015

Show notes

The war with ISIS turns one today. This week, Senator Kaine marked the anniversary of the fight with a speech at the Cato Institute, which has generously allowed us to use the audio for the podcast. With more than 5,000 airstrikes, more than 3,500 troops on the ground, and new fronts opening with Division 30 and the Turkish military, Senator Kaine wonders how it is that Congress has still failed to live up to, in his view, it most solemn duty---that of authorizing war. In his address, Kaine explores how Congress’s failure is fundamentally transforming the Congressional-Executive relationship and even the presidency itself.

Gene Healy, Vice President of the Cato Institute, moderated the discussion.

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The Lawfare Podcast: Monaco, Clapper, and Lynch --- The Aspen Security Forum Mixtape: Volume II Jul 31, 2015

Show notes

Last week, the Aspen Security Forum featured interviews from a host of Obama administration national security officials, some of which we provided last week. This week is part II, wherein we share edited discussions from White House Homeland Security Advisor Lisa Monaco, Director of National Intelligence James Clapper, and Attorney General Loretta Lynch.

Monaco's conversation with Mike Isikoff of Yahoo News ventures into the Administration's policy on ISIS and what she calls a "generational struggle," the trials of social media as a recruitment vehicle, and most interestingly, whether Obama would act unilaterally to move Guantanamo Bay prisoners to the United States.

Clapper's discussion with Andrew Mitchell of MSNBC is most notable for his comments on lone wolf attacks and going dark, a threat about which he shares much of the same concern as FBI Director Comey. Later, Clapper touches on the OPM hack and why the United States is choosing to respond much more forcefully to economic espionage than "traditional" espionage.

Finally, in her interview with Andrew Mitchell, Loretta Lynch walks us through the challenges of domestic terrorism, the Justice Department's approach to intvestigating and prosecuting home grown ISIS supporters, and the legal protections afforded to Guantanamo Bay detainees should they be moved to the United States.

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Comey, Johnson, and Rogers Speak at Aspen Jul 25, 2015

Show notes

FBI Director James Comey, Homeland Security Secretary Jeh Johnson, and NSA Director Adm. Michael Rogers all spoke this week at the Aspen Security Forum. CNN's Wolf Blitzer interviewed Comey. The New Yorker's Ryan Lizza spoke with Johnson. And New York Times reporter David Sanger interviewed Rogers. We have edited the interviews down to manageable length and strung them together for listeners. Thanks to the folks at the Aspen Security Forum for giving us permission to use the audio.

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What to Think of Russia's Nuclear Threats Jul 17, 2015

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While the world powers and Iran were embroiled in last minute negotiations last week, Brookings hosted a discussion on the meaning of another power’s recent nuclear threats: this time looking at Russia. In recent months, Russia has issued a variety of nuclear threats: Putin's has commented both on his nuclear options during the Crimea crisis and issued a mild threat to nuke the Danish navy. Given that Russia maintains the power to at least theoretically destroy the world, how serviously should we take these provocations?

The panel was moderated by Brookings Fellow Jeremy Shapiro and featured Hans Kristensen of the Federation of American Scientists and Brookings scholars Pavel Baev and Steven Pifer. Together, they take a deep dive into Russia’s recent nuclear threats during the Crimea crisis, the country’s capabilities---both conventional and nuclear---relative to NATO, and its ongoing modernization program. They conclude with terrifying thought: The folks surrounding Putin just might not fully understand deterrence.

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Admiral Bob Day on Cybersecurity and Accountability Jul 10, 2015

Show notes

This week, we invited the the Virginia Cyber Commission’s Executive Director, Rear Admiral Bob Day (USCG, Ret.) to come tell us more about the Commission’s work and the upcoming release of its report later this month. The Commission’s mandate is expansive and ambitious. It aims to take on: securing Virginia’s government networks, systems and data; incorporating cybersecurity into state government emergency planning; improving citizens' cyber hygiene; developing a cybersecurity workforce; and improving economic development opportunities for cybersecurity business sector, particularly in relation to military facilities and defense industry present in Virginia.

We also talked about the accountability issue, and how in the world it can still be the case that large organizations – whether in the private sector or government – are still struggling with whose job it is to be responsible for the cybersecurity of an organization. Who or what entity is accountable for proactive cybersecurity as well as for incident response has been the subject of some recent debate on Lawfare, as it relates to the OPM breach. Finally, we took on the confidence issue. Cybersecurity failures - not only in prevention (which will not be fail-safe), but in detection and handling – are reducing Americans’ confidence in industry, and in government. We'll see what governments and organizations at all levels, are doing to address that.

It's the Lawfare Podcast, Episode #131: Admiral Bob Day on Cybersecurity and Accountability

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Should the United States Put Boots on the Ground to Fight ISIS? Jul 02, 2015

Show notes

Last week, Brookings convened three policy experts, Michael Doran of the Hudson Institute, Brookings fellows Michael O’Hanlon and Jeremy Sharpiro, as well as Senator Chris Murphy for the first ever Brookings Debate. The question at hand? Should the United States put boots on the ground to fight ISIS?

As the ground continues to advance against Iraqi security forces, is ISIS a threat to the region, the U.S. and the world? Or is it a distraction from other, much more important strategic interests? How should the U.S. proceed in its effort to degrade and defeat ISIS? And, if there is a Sarah Palin doctrine, is the Obama administration following it?

Bloomberg journalist Indira Lakshmanan moderated the debate, while Brookings Executive Vice President Martin Indyk provided opening remarks.

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Porn, Condoms, Pregnant Teens and the Privacy Benefits of Privacy Threats Jun 26, 2015

Show notes

Benjamin Wittes gives a lecture at the George Mason Law and Economic Center on his paper with Jodie Liu, "The Privacy Paradox: The Privacy Benefits of Privacy Threats."

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Score One for Bahlul Jun 19, 2015

Show notes

On this week’s Lawfare Podcast, Lawfare Managing Editor Wells Bennett invited Steve Vladeck of both Lawfare and Just Security, and Adam Thurschwell, an attorney with the Office of the Chief Defense Counsel of the Military Commissions, into the Lawfare studio to discuss the D.C. Circuit’s decision in al Bahlul v. USA, in which the Court vacated Ali Hamza Suliman al Bahlul’s conviction for inchoate conspiracy. The show takes a deep dive into the case and the Court’s opinion, ponders the future of the military commissions, and outlines what we can expect the government to do next in the case.

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Zivotofsky v. Kerry: The Jerusalem Passport Case Jun 12, 2015

Show notes

On this week’s Lawfare Podcast, Lawfare Founding Editor Jack Goldsmith and former Deputy Assistant Attorney General Marty Lederman sat down to discuss the Supreme Court’s sweeping ruling in Zivotofsky v. Kerry. In its opinion, the Court ruled that the President has the exclusive power to recognize foreign sovereigns, and he therefore can disregard a Congressional statute requiring him to designate “Israel” on the passports of U.S. citizens born in Jerusalem. What are the consequences of this decision? What does this now mean for the method of determining the President’s exclusive powers? And could the Court have reached a more limited ruling? Goldsmith and Lederman tackle all this and more.

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Lawfare is Dead! Long Live Lawfare! Jun 04, 2015

Show notes

The Daily Beast's Shane Harris takes stages a coup, takes over the podcast, and interviews temporarily-deposed host Benjamin Wittes about the new website Lawfare is unveiling next week and the development of Lawfare that took a small blog to this new place.

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