The Lawfare Podcast

The annual U.S. Cyber Command (USCYBERCOM) Legal Conference convenes lawyers across government and the private sector working on cyber issues. This year’s conference focused on the power of partnerships. Executive Editor Natalie Orpett moderated a panel, titled “The Business of Battle: Navigating the Role of the Private Sector in Conflict,” featuring Jonathan Horowitz of the International Committee for the Red Cross, Laurie Blank of the Defense Department’s Office of the General Counsel, and Adam Hickey of the law firm Mayer Brown. They talked about how government and private sector actors bring different frames of reference and different equities when faced with a conflict, and how they can work together to address it.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's Trump's Trials and Tribulations, New York Trial Dispatch, April 23. Benjamin Wittes sat down with Tyler McBrien and Anna Bower to discuss what happened in the courtroom today.The podcast was edited by Ian Enright of Goat Rodeo. Our theme song is from Alibi Music.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

David Sanger has been writing for the New York Times since he graduated from college more than four decades ago. Over that period, Sanger has served as a business correspondent in Silicon Valley, the Times bureau chief in Japan, and has covered the last five presidents—which has given Sanger a front-row seat to U.S. foreign policy for much of the post-Cold War period. It is that experience that informs Sanger’s newest book, “New Cold Wars,” in which Sanger argues—relying on a voluminous and colorful set of interviews with administration officials—that the U.S. has entered two new military, technological, and economic conflicts with Russia and China.Lawfare Research Fellow Matt Gluck spoke about the book with Sanger. They discussed how the United States slipped into these conflicts through misreading Chinese and Russian geopolitical intentions and how the U.S. is seeking to navigate this new era. They also discussed how close Biden administration officials believed Vladimir Putin was to using a nuclear weapon in the fall of 2022.For more about David:His book “New Cold Wars”David's Twitter PageChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Noam Osband and Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Ambassador Robert Lighthizer is the former United States Trade Representative in the Trump administration and the author of the 2023 book, “No Trade Is Free: Changing Course, Taking on China, and Helping America's Workers.” He sat down with Jack Goldsmith to talk about his work as Deputy U.S. Trade Representative under President Reagan, why extreme neoliberal trade policy took hold in the 1990s, his core philosophy on trade and how it departed from the 1990s neoliberal consensus, and the main ways he implemented this view in the Trump administration and with what results. They also discussed the importance of the U.S.-Mexico-Canada Agreement and why it was controversial, the extent to which the Biden administration adopted Lighthizer’s views on free trade, and the relationship between national security and trade policy.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's Trump's Trials and Tribulations, New York Trial Dispatch, April 22. Tyler McBrien sat down with Benjamin Wittes and Anna Bower to discuss what happened in the courtroom today.The podcast was edited by Ian Enright of Goat Rodeo. Our theme song is from Alibi Music.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Lawfare’s Fellow in Technology Policy and Law, Eugenia Lostri, talks to Dr. Erica Lonergan, Assistant Professor in the School of International and Public Affairs at Columbia University. Dr. Lonergan recently authored a report making the case for establishing a U.S. Cyber Force as a way to address the military’s difficulty to recruit, train, and equip sufficient personnel to meet growing cyber challenges. They talked about the types of problems the cyber mission faces, different ways in which they can be addressed, and why establishing a distinct cyber force might be the best path forward.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Starting Monday, April 22, the Lawfare Podcast feed is gonna look a little different.Our daily show, the Lawfare Podcast, will remain on this feed, along with Rational Security and Chatter. We’ll also be adding some important new content as well.Starting with opening statements in the New York state court trial against Donald Trump, we will discuss the events of the day’s proceedings on a short livestream dispatch on our YouTube channel. These dispatches, which we’ll record after court lets out on trial days (Mondays, Tuesdays, Thursdays, and Fridays), will be available in podcast form on this feed the following day. They’ll be called Trump Trials & Tribulations: N.Y. Trial Dispatch.Our weekly Trump’s Trials & Tribulations livestream, which we’ve been holding on Thursdays, will move to Wednesday afternoons, when court is not in session. (We’ve been releasing podcast versions of the livestream on Saturdays; these will move to Thursdays.) In addition to a short overview of the previous week’s proceedings in the New York case, we will continue to bring you updates on the cases in Florida, Fulton County, and Washington, D.C. As always, our Material Supporters will be able to join the discussion via Riverside and ask questions live.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, Alan and Quinta sat down with Lawfare Editor-in-Chief Benjamin Wittes to talk through the week’s big national security news, including:“Ayatollahs and Airstrikes.” In retaliation for an Israeli strike that killed several high-ranking Iranian military officers in Syria, over the weekend Iran launched a wave of drone and missile attacks against Israel. The vast majority of these were shot down by Israel and its allies, including notably Jordan, causing minimal injuries and damage in Israel. As Israel considers whether to respond, its American and European allies are putting pressure on it to deescalate. What’s Israel’s next move and can broader regional war be avoided?“Beginning of the end or just the end of the beginning?” It has been six months since Hamas’s attack on October 7 and the start of Israel’s war in Gaza, which appears to be entering a new, potentially lower-intensity phase. Israel has withdrawn most of its troops from southern Gaza, although it still argues that it needs to invade Rafah, on the border with Egypt, to defeat Hamas. Meanwhile, violence between Jewish settlers and Palestinians in the West Bank continues to increase. What’s next in the ongoing conflict?“What’s a little obstruction between friends?” Earlier this week, the Supreme Court heard oral argument in Fischer v. United States, a case challenging the government’s use of a common statute used to prosecute participants in the Jan. 6 attack on the Capitol. The six conservative Justices appeared skeptical of the government’s argument that a statute that makes it a crime to “obstruct any official proceeding” applies to physical disruptions. How is the Court likely to rule and how might such a ruling affect Donald Trump’s federal trial for trying to overthrow the 2020 election?For object lessons, Quinta recommended a throwing-the-wife-under-the-bus update in New Jersey's Senator Bob Menendez's ongoing legal troubles, and Alan and Ben both recommended excellent, if anxiety-inducing, national security themed movies: the recently released Civil War and the upcoming War Game.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's another episode of “Trump's Trials and Tribulations,” recorded on April 18 in front of a live audience on YouTube and Riverside. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor Roger Parloff to talk about oral arguments at the Supreme Court in Fischer v. United States, over an obstruction charge used to charge hundreds of Jan. 6 defendants, including former President Trump. They checked in on Judge Cannon and last week's hearing on motions from Trump's co-defendants, De Oliveira and Nauta. They also checked in with Lawfare Managing Editor Tyler McBrien to discuss the ongoing jury selection in the hush money case in New York, why it is going faster than expected, and whether we can really expect opening statements to occur on Monday. And of course, they took audience questions from Lawfare Material Supporters on Riverside.To receive ad-free podcasts and to be able to submit a question to the panelists, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From November 29, 2017: The Supreme Court heard oral arguments Wednesday in Carpenter v. United States, a major Fourth Amendment case asking whether a warrant is necessary before law enforcement can obtain cell site data identifying a suspect phone's location from a service provider. Lawfare contributor and Fourth Amendment expert Orin Kerr discussed the case with Benjamin Wittes at Brookings shortly after the argument.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

NATO recently had its 75th birthday. And many say its trajectory traces the adage, “the more things change, the more they stay the same.” That is, at least in some ways, NATO has returned to its original mission of collective self-defense. This means the alliance is concentrating less on out-of-area operations that have occupied much of its focus since the end of the Cold War. The transition comes at a time when many are questioning the U.S.’s long-term commitment to its NATO allies, especially in light of former President Trump’s recent comments about burden sharing within the alliance. Lawfare Research Fellow Matt Gluck discussed NATO’s current and likely future posture with Sara Moller, Associate Teaching Professor in the Security Studies Program at Georgetown University. They spoke about NATO’s role in the war in Ukraine, the alliance’s focus in the Indo-Pacific, and how NATO is balancing arms control with maintaining strong nuclear deterrence.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Author and speaker Virginia Postrel has spent many years researching and writing about, among other things, various aspects of the economics and societal context of fashion, glamour, and consumer choice. A few years ago her book The Fabric of Civilization tackled the history and global effects of fabric-making, dyeing, the clothing trade, and other textile-related activities. So when host David Priess had his curiosity piqued by some displays at the International Spy Museum related to silk, dyes, and espionage, he knew who to call.David talked to Virginia about the origins of string and of fabric, togas in fiction and reality, the value of purple in the Roman Empire, the importance of fabrics for outfitting armies and making warships' sails, the development of weaving, how textile merchants led to the modern political economy, Jakob Fugger, Chinese silk and espionage, Spain's 200 year monopoly on vibrant reds, efforts to steal Spain' cochineal secret, the long history of indigo, French efforts to steal Indian indigo, the invention of synthetic dyes, modern sneaker culture and conceptions of value, Jackie Kennedy, fashion and glamour on the world stage today, and more.Among the works mentioned in this episode:The book The Fabric of Civilization by Virginia PostrelThe TV show The VikingsThe Chatter podcast episode Private Sector Intelligence with Lewis Sage-Passant, June 9, 2022Virginia Postrel's YouTube channelThe book The Power of Glamour by Virginia PostrelThe Star Wars prequel moviesThe TV show Game of ThronesThe TV show The RegimeThe article "Trump isn't just campaigning; He's selling his supporters a glamorous life" by Virginia Postrel, Washington Post, March 18, 20The movie The Hunger GamesThe book The Rosie Project by Graeme SimsionThe book Fifth Sun by Camilla TownsendChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

One year ago, fighting broke out in Sudan between the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF). In the intervening months, the death toll and humanitarian cost have been immense. And yet, the suffering has gone largely overlooked by the United States and European nations. As U.S. Ambassador to the UN Linda Thomas-Greenfield recently said, “Just five years after a revolution that offered a glimpse at a free, peaceful, democratic Sudan, people are losing hope. Aid workers have begun calling this conflict the forgotten war. Sudanese children are asking why the world has forgotten them.”To learn more, Lawfare Managing Editor Tyler McBrien sat down with Reva Dhingra, a Policy Adviser at the International Rescue Committee, and Ciarán Donnelly, a Senior Vice President for International Programs, also at the IRC. They discussed the roots of the current conflict, the spillover effects, and the exacerbating effects of climate change. They also heard about what Ciarán saw on his recent trip to the Sudan-Chad border. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Last week, the House passed an overhaul and reauthorization of the FISA 702 program, a bill which now heads to the Senate for final passage. In the run-up to Senate consideration of it, Assistant Attorney General for National Security Matt Olsen joined Lawfare Editor-in-Chief Benjamin Wittes to talk about the House bill. They talked about the new constraints it imposes on the Justice Department and the FBI, what it doesn't do, the warrant requirement that isn't there, some other provisions that have generated controversy, and the bill's prospects in the Senate this week.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Friday morning, the House of Representatives suddenly—after failing to do so earlier in the week—took up the reauthorization of FISA 702. They considered a bunch of amendments, one of which failed on a tie vote, and then proceeded to pass reauthorization of 702. Immediately after the votes, Lawfare Editor-in-Chief Benjamin Wittes spoke with Lawfare Senior Editors Stephanie Pell and Molly Reynolds, and Lawfare Student Contributor Preston Marquis. They talked about how the center beat the coalition of the left and right on the key question of warrant requirements for U.S. person queries, about whether the civil liberties community gained anything in this protracted process or whether the administration just kicked its butt, about what happens now as the bill goes back to the Senate, and about all the little details that went into this bill. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Today marks the start of the first criminal trial of former President Donald Trump in New York City. Trump is facing 34 felony counts for his alleged falsification of business records related to hush money payments to Stormy Daniels and others after the 2016 election. After months of pretrial hearings, motions to dismiss and for an adjournment, motions for recusal, and more, jury selection in the case begins today.In light of today’s events, Lawfare Associate Editor Katherine Pompilio sat down with Lawfare Legal Fellow and Courts Correspondent Anna Bower, Lawfare Managing Editor Tyler McBrien, and Lawfare Senior Editor Roger Parloff who will be covering the trial at length. They discussed the case’s background, Trump’s various attempts to delay the proceedings, how jury selection will work, our plans for covering the trial, and more.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, Alan and Quinta were joined again by Brookings Senior Fellow and Lawfare Senior Editor Molly Reynolds to talk over the week’s national security news, including:“The 702nd Time’s the Charm?” Section 702 of the Foreign Intelligence Surveillance Act was originally set to expire on December 31, 2023. But somehow, Congress has managed to keep kicking the can down the road—and we’re once again in the middle of an argument about whether and to what extent the legislature should reform the bulk surveillance authority. How did we end up here, and is there any indication that Congress will manage to pass a lasting reauthorization in some form this time around?“Magic Mike.” Speaker of the House Mike Johnson’s troubles don’t stop with FISA, however. He’s also tangled up in a prolonged dispute with his caucus over the U.S. aid to Ukraine—which is becoming a matter of rapidly increasing urgency, with Ukrainian President Volodymyr Zelensky warning that his country “will lose the war” if the aid is not approved. Johnson now says he’ll put his own aid package on the table, still tying that aid to another tranche of aid to Israel. But will the House actually vote this time, or is this just another head fake?“Finally, We Can Talk About Linux.” A few weeks ago, a single software engineer alerted the world to an alarming discovery: malicious code inside a key piece of Linux software that, had it gone undetected, could have caused a catastrophic cyberattack. What on earth actually happened here? And what could stop it from happening again?For object lessons, Alan recommended an adorable giraffe growth chart for keeping track of your child's height. Quinta took a cue from Molly and endorsed a podcast by a local NPR affiliate—“Lost Patients,” a series about mental health care from KUOW and the Seattle Times. And Molly shared a story about misprinted pens from the Clinton impeachment trial, as told in Peter Baker’s book "The Breach."Other references from this week’s show:A chart explaining how dark it gets during a total solar eclipseBruce Schneier’s Lawfare article about the XZ Utils backdoorTo receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's another episode of “Trump's Trials and Tribulations,” recorded on April 11 in front of a live audience on YouTube and Riverside. Lawfare Senior Editor Quinta Jurecic sat down with Legal Fellow Anna Bower and Senior Editor Roger Parloff to talk about the upcoming jury selection in the hush money case against Trump in New York City and what Judge Cannon is up to in Florida, including her ruling on whether to unseal witness names. They also checked in on Fulton County to see what Fani Willis was up to and talked about Jack Smith's brief to the Supreme Court in Trump's presidential immunity defense. And of course, they took audience questions from Lawfare Material Supporters on Riverside.To receive ad-free podcasts and to be able to submit a question to the panelists, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From January 17, 2015: This week, Ben Wittes and Matt Waxman sat down with Daniel Reisner, former head of the International Law Branch of the Israeli Defense Forces and current partner with Herzog, Fox and Neeman. Reisner has also served as a senior member of Israel’s peace delegations over the years, participating in negotiation sessions and summits including those at Camp David. He continues to advise senior members of the Israeli government on a variety of issues relating to international law and operational security issues. Colonel Reisner was in New York on a visit sponsored by Academic Exchange for a series of events and discussions on contemporary national security challenges. His experiences set up a wide-ranging conversation touching on everything from the law of targeted killing to the role of morality in operational law advice.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The Insurrection Act is a provision that allows the president to deploy the U.S. military for domestic law enforcement. It’s been invoked dozens of times by presidents to respond to crises in the over 230 years that it’s been around, but it hasn’t been reformed in centuries. In recent years, the Insurrection Act has come back into public focus because of its implication in a number of domestic crises, prompting a renewed conversation about whether it’s finally time to curb the sweeping powers afforded to the executive in this unique federal law.On April 8, the American Law Institute released a set of principles for Insurrection Act reform, prepared by a group of 10 individuals with backgrounds in constitutional law, national security law, and military law. The co-chairs of this group were Jack Goldsmith, Lawfare Co-Founder and Harvard Law School Professor, and Bob Bauer, Professor of Practice and Distinguished Scholar in Residence at New York University School of Law. They joined Lawfare Associate Editor Hyemin Han to talk about the history of the Insurrection Act, to parse out the recommendations the American Law Institute is making for reform, and to make the case for reforming the act in 2024. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.