We don't usually do humor on The Lawfare Podcast, but this week, Benjamin Wittes sat down with Mike Chase, whom you probably know better on Twitter as @CrimeADay, the long-time anonymous Twitter feed that tweets out one fact pattern a day that violates some combination of the criminal law and the code of federal regulations. Mike has now outed himself, and he has a new book: "How to Become a Federal Criminal: An Illustrated Handbook for the Aspiring Offender." Ben and Mike chatted about the super wacky laws and wacky fact patterns in the book, the Twitter feed, and all those national security crimes you never knew you were violating.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Benjamin Wittes sat down with Mike O'Hanlon who writes on military affairs and foreign policy, and has been a senior fellow at the Brookings Institution for a long time. His latest book is "The Senkaku Paradox: Risking Great Power War Over Small Stakes." The title says it all. It's about the places in the world that are the potentially most explosive flashpoints over the least important U.S. interests. It's about the places in the world where we are treaty-bound to go to war to protect trivia. And, it's about thinking creatively about how to handle low-stakes questions in a high-stakes world.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Errol Morris is a celebrated documentarian whose films have covered an array of topics in law and national security. They include "The Fog of War," which won an Oscar for its account of Robert McNamara's role in and lessons from the Vietnam War, and "The Unknown Known," which told the story of the political career of Defense Secretary Donald Rumsfeld. Morris most recently directed "American Dharma," a documentary profile of former Trump strategist Steve Bannon. Earlier this year, Morris sat down with Jack Goldsmith for a conversation about those three films. They talked about what interested Morris about McNamara, Rumsfeld, and Bannon; why Morris believed each of them agreed to be interviewed by him; and much more.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's getting ugly in the Persian Gulf: Iran allegedly attacks two oil tankers. It announces that it's going to violate the JCPOA, the so-called Iran nuclear agreement. There's talk of military strikes. Europe is edgy, and the Secretary of State is on Sunday talk shows being edgier still. Benjamin Wittes sat down with Suzanne Maloney and Scott R. Anderson to talk it all through. They talked about whether the AUMF covers Iran, why Iran is doing this stuff, whether the Trump administration brought this all on itself, and where it's all going from here.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Russian and Chinese leaders understand that they’re unlikely to win a shooting war with the United States, but they have other ways to challenge Western interests, turning our greatest strengths—open societies, dominance of technology on Earth and in space, and military innovation—into weaknesses. CNN anchor and chief national security correspondent Jim Sciutto calls it “the shadow war,” and it’s the subject of his new book of the same name. David Priess sat down with Jim to talk about these asymmetric threats to national security, and what the United States and its allies can do to fight back.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

More than two years after the 2016 presidential election, new information continues to seep into the public about the extent of Russia's sweeping and systematic efforts to interfere in the U.S. democratic process. With the 2020 presidential election on the horizon, last week, Stanford's Cyber Policy Center published a report on securing American elections, including recommendations on how the U.S. can protect elections and election infrastructure from foreign actors. On Monday, Susan Hennessey spoke with two of the report's authors: Alex Stamos, director of the Stanford Cyber Policy Center's Internet Observatory and former Chief Security Officer of Facebook, and Nate Persily, Stanford law professor and expert on election administration. They talked about what happened in 2016, and the enormously complex landscape of defending not just election infrastructure but also preserving the integrity of the information ecosystems in which Americans make their decisions about how to vote, including the possible consequences of regulating foreign media.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In this episode of the special Culper Partners Rule of Law Series, David Kris and Nate Jones speak with John Bellinger. John is one of the country's foremost experts in international law. His career has included the private practice of law and more than a decade in the federal government, as both a career official and a political appointee. From 2001–2005, John served in the White House under George W. Bush as legal advisor to the National Security Council and as senior associate counsel to the president. From 2005–2009, he served as a legal advisor to the Department of State, and in 2009, he returned to private practice at Arnold & Porter, where he heads the firm's public international law practice. In his remarks, John expresses a profound anguish over assaults on the rules-based international order. We in the United States largely built this system, and we have benefitted enormously from it—some critics would say we've benefitted too much. And now we are tearing it down, to the delight of Russian President Putin and authoritarian leaders worldwide. It's a sobering conversation with one of America's foremost international lawyers.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In movies and TV shows like Zero Dark Thirty and Homeland, Hollywood has fictionalized the roles of intelligence officers in tracking down terrorists. But the truth is often filled with personal and political challenges beyond those that screenwriters imagine. Nada Bakos worked in several jobs at the CIA, including as a targeting officer focusing on the founder of Al-Qaeda in Iraq, Abu Musab al-Zarqawi. In her new book, 'The Targeter,' she describes the experiences and challenges she faced along the way. Last week, David Priess got on the phone with Nada to talk about what a CIA targeting officer does, what it was like interrogating detainees in Iraq, and the difficulties she encountered in getting her book to print.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The U.S. intelligence community is, by design, shrouded in secret, but it is ultimately responsible to the public. So how do intelligence agencies balance competing interests in protecting privacy and civil liberties, ensuring transparency and accountability, and safeguarding the country’s most sensitive secrets? To shed light on the subject, on Friday, Brookings hosted a conversation between Ben Huebner, Privacy and Civil Liberties Officer at the CIA, and Brookings Federal Executive Fellow Ryan Trapani, who previously served as a spokesman for the agency, who discussed how the CIA handles that dynamic. They talked about the job of the CIA’s privacy and civil liberties officers; the legal and regulatory regime that governs how the agency collects, handles, and uses data; and the privacy and security considerations that agency employees manage every day.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Susan Hennessey hosts Quinta Jurecic, David Kris, Paul Rosenzweig and Benjamin Wittes to discuss (now former) Special Counsel Robert Mueller's Wednesday press conference and what comes next.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From the Washington Post’s February report that U.S. Cyber Command took a Russian disinformation operation offline on the day of the 2018 midterms to fight election interference, to the Pentagon’s announcement last year that it would take more active measures to challenge adversaries in cyberspace, recent news about cyber operations suggests they are playing an increasingly important role in geopolitics. So how should the public understand how the United States deploys its cyber tools to achieve its goals? To help answer that question, last month at the 2019 Verify Conference, the William and Flora Hewlett Foundation hosted a panel discussion featuring former CIA Deputy Director Avril Haines, former Pentagon chief of staff Eric Rosenbach, and New York Times national security correspondent David Sanger. They talked about how the U.S. projects power in cyberspace, the difficulties of developing norms to govern state behavior in that domain, and more.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Our friends from the National Security Institute at George Mason University stopped by earlier this week to discuss U.S.-China relations. Lester Munson, Jodi Herman, Jameel Jaffer, and Dana Stroul, former Senate Foreign Relations Committee staffers who collaborated and sometimes competed with one another on the Committee, had a lively discussion about Huawei, cyber and tech security, the South China sea, and Uighur internment.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Chuck Rosenberg is a former U.S. Attorney, former senior FBI official, and the former acting head of the Drug Enforcement Administration. He is now an analyst with NBC News and MSNBC. He also has a podcast with MSNBC called The Oath with Chuck Rosenberg. The podcast draws its name from the Oath of Office, which many public servants take upon their entry into government service. In the podcast, Chuck speaks with other former government officials about their careers, pivotal moments they witnessed in history, and what drew them to public service. He sat down with Benjamin Wittes this week to discuss his podcast, his career in government service, and his thoughts on the Oath of Office.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Christine Fair is an expert on South Asian politics and extremist groups, and it's been a bad few weeks in Sri Lanka. A major terrorist attack, the largest since 9/11, hit multiple locations targeting Christians on Easter morning. The violence was different from the usual terrorism that rocks Sri Lanka from time to time, and Benjamin Wittes asked Christine to come in and talk us through it. What's going on in the island nation? How does it map onto the history of ethnic tensions between Tamils and Sinhalese? And what does it mean for the future of Muslim extremism in South Asia?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Jared Cohen is the founder and CEO of Jigsaw and Alphabet Inc., who previously ran Google Ideas and served as a member of the Secretary of State's policy planning staff and as an advisor to Condoleezza Rice and Hillary Clinton. He is also the author of a new book on the presidency called, "Accidental Presidents: Eight Men Who Changed America." It describes the times in American history when a president has died in office, forcing eight other men, who are neither the voters' nor their party's choice, to confront unparalleled challenges. David Priess spoke with Jared recently about their stories and the lessons we can learn from their experiences.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The Mueller report is out, all 448 pages of it, and its first volume tells a detailed story of Russian involvement in the 2016 U.S. presidential election. The report recounts the Internet Research Agency’s trolling and disinformation campaign. It explains the GRU’s hacking and email dissemination operation. And it details 100 pages of interactions between Trump campaign affiliates and Russian nationals. To better understand whether and to what extent the public should understand those interactions as part of a deliberate Russian operation to make contact with the Trump campaign, earlier this week, Benjamin Wittes spoke to John Sipher, who ran Russia operations for the CIA in Moscow. They talked about how Sipher read the Mueller report, the respective roles of the CIA and the FBI in counterintelligence investigations and operations, and whether an investigation like Mueller’s really had a chance of understanding the full scope of Russia’s intentions and activities in the 2016 election.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On May 10, the Brookings Institution hosted a public conversation between former FBI General Counsel Jim Baker, who is now the Director of National Security and Cybersecurity at the R Street Institute, and Brookings Senior Fellow Benjamin Wittes. The conversation was recorded live as a Bonus Edition of the Lawfare Podcast. The conversation covered how the FBI thought about the Russia investigation in those fateful months both before and after the president fired FBI Director James Comey. How did the president’s conduct toward the bureau impact the institution? How does it affect career public servants like Baker? And how does Baker feel now about the president and his conduct after reading the Mueller report?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In this sixth episode of the special Culper Partners Rule of Law Series, David Kris and Nate Jones speak with former Deputy Attorney General Jamie Gorelick. Jamie has had a career spanning the legal, policy, and corporate worlds, in and out of government. Currently a partner at WilmerHale, she has represented corporations and individuals in a wide array of matters, particularly in the regulatory and enforcement arenas. In government, she was one of the longest serving Deputy Attorneys General of the United States. Prior to that, she was the General Counsel at the Department of Defense. She serves and has served on numerous government boards and commissions, including the Defense Policy Board, and she was a member of the 9/11 Commission. Jamie speaks with David and Nate about her years of experience as a lawyer in government and the private sector. She talks about the shame of current attacks on the rule of law and prosecutorial independence, her self-described "hawkish" views on when it's appropriate for the news media to publish classified information, and she describes a time when she was involved in a major dispute involving whether and to what extent the FBI should brief the White House on efforts by a foreign government to influence U.S. elections.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On April 23, the Hoover Institution hosted the latest iteration of the Security by the Book series, where Jack Goldsmith interviewed Henry Farrell and Abraham Newman about their new book, “Of Privacy and Power, The Transatlantic Struggle Over Freedom and Security.” They talked about how the relationship between Europe and U.S. has changed in response to regulations and other government action in the security and privacy spheres on both sides of the Atlantic.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Bill Galston, senior fellow at the Brookings Institution and domestic policy advisor in the Clinton White House, wrote his column this week in the Wall Street Journal arguing against impeachment in a fashion that sharply diverges from arguments made by others on Lawfare. He argues that polling data shows that an impeachment inquiry would be an irresponsible direction for anyone hoping to remove Trump from office. Benjamin Wittes sat down with Bill to discuss his column, as well as his recent book, "Anti-Pluralism: The Populist Threat to Liberal Democracy."  They talked about populism as an international and domestic phenomenon, the role of economics and identity in driving populism internationally, and whether populisms of the left and right are symmetric issues or whether they present different ones.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Attorney General Bill Barr appeared before the Senate Judiciary Committee on Wednesday to discuss the Mueller report and the Justice Department’s wider efforts to investigate Russian interference in the 2016 election. The evening before the testimony, multiple outlets reported that Mueller had sent Barr a letter expressing concerns that the attorney general’s summary of the report’s conclusions “did not fully capture the context, nature, and substance” of the special counsel’s work. The hearing became contentious, and covered a wide array of topics ranging from Barr’s conduct to the Hillary Clinton email investigation. But we cut out all the unnecessary repetition and theatrics to leave you with just the questions and answers that you need to hear.   It's the Lawfare Podcast, Bonus Edition: Barr vs. the Committee with No Bull.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On January 17, 2019, BuzzFeed News reported a blockbuster. The headline reads, President Trump Directed His Attorney Michael Cohen To Lie To Congress About The Moscow Tower Project. It was a remarkable story, and within 24 hours of its publication, the Special Counsel's office had issued an unprecedented statement taking issue with it and describing unspecified components of it as "inaccurate." It wasn't clear at the time what parts of the story were inaccurate and how much of it was true, but in light of the actual Mueller report, we can now identify the parts of the story that had problems and the parts that did not. The two reporters who wrote the story, Anthony Cormier and Jason Leopold, joined Benjamin Wittes by phone to do a kind of after-action report on the story. They discussed how they came to report what they reported, what parts of the story they stand by, what parts they think they messed up on, how the story was sourced, and what the discrepancy between the story and the Mueller report tells us about the conduct of Donald Trump.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The action has shifted to Congress, the Mueller report is filed, and a blizzard of subpoena fights between the White House and various congressional committees is already underway. The president has sued a committee chairman, there's a question about whether Don McGahn will testify or whether the White House will exert executive privilege over it, and looming over it all is the question of how congressional Democrats and Republicans are thinking about impeachment. Molly Reynolds and Margaret Taylor joined Benjamin Wittes in the jungle studio to focus on all things Congress. They talked about subpoenas, lawsuits, impeachment, and even the much-forgotten 'inherent contempt' power of Congress.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On April 23, Benjamin Wittes hosted a panel discussion at the Brookings Institution unpacking what we learned from the redacted version of the Mueller report. The panel featured Susan Hennessey, Chuck Rosenberg and Margaret Taylor. They discussed the factual record Mueller established on Russian interference and collusion, whether the president's conduct constitutes obstruction of justice and how Congress and the American people might react to the report. The full audio of the event is available here. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Michael Anton, former Trump administration national security official and a research fellow at Hillsdale College, has published an essay in Foreign Policy explaining what he calls the 'Trump Doctrine' on foreign policy. Recently Anton sat down with Jack Goldsmith to discuss the new article and the philosophy behind Trump's foreign policy, particularly with respect to liberal internationalism and international institutions. They discussed the administration's foreign policy successes and failures, how it's similar to and different from prior administrations in substance and in rhetoric, and whether the president's style and aversion to diplomatic norms inhibits the substance of his foreign policy.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In this fifth episode of the special Culper Partners Rule of Law Series, David Kris and Nate Jones speak with former senior White House and DOJ official Ron Klain. Ron has served his country repeatedly, including in senior positions at the highest levels of all three branches of government. He has served as a law clerk to Supreme Court Justice Byron White, Chief Counsel of the Senate Judiciary Committee, Chief of Staff to Vice Presidents Joe Biden and Al Gore, and in that role, also served as a senior advisor to Presidents Barack Obama and Bill Clinton. He has worked on seven presidential campaigns, including the 2000 election between George W. Bush and then-Vice President Al Gore. Today, among other things, he is an adjunct professor at both Georgetown University and Harvard Law School. Ron takes us on a trip down memory lane to discuss the hotly contested 2000 election, and in doing so, he shares his perspective on why he thinks the Supreme Court's decision departed from the rule of law. Ron also worries that our democracy is caught in a symbiotic downward spiral together with the rule of law. From active measures being deployed by foreign adversaries, to partisan political efforts to rig the system, Ron is concerned about the future.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

A redacted version of the 448-page Mueller report dropped yesterday, and there’s a lot to say about it. In this Special Edition of the Lawfare Podcast, Bob Bauer, Susan Hennessey, Mary McCord, Paul Rosenzweig, Charlie Savage and Benjamin Wittes discuss what the report says about obstruction and collusion, Mueller’s legal theories and what this all means for the president and the presidency.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The Justice Department released on Thursday morning a redacted version of Special Counsel Robert Mueller’s report. The Mueller team divided the report into two volumes: one on Russian interference and potential coordination with the Trump campaign, and the other exploring the president’s conduct in relation to the investigation. Each volume features its own executive summary, chronicling the investigation’s central findings and conclusions. On this special edition episode of the Lawfare Podcast Benjamin Wittes reads those executive summaries in full. It’s a Mueller Report instant audio-book.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Since November, Lawfare Contributor Michelle Melton has run a series on our website about Climate Change and National Security, examining the implication of the threat as well as U.S. and international responses to climate change. Melton is a student a Harvard Law school. Prior to that she was an associate fellow in the Energy and National Security Program at the Center for Strategic and International Studies, where she focused on climate policy. She and Benjamin Wittes sat down last week to discuss the series. They talked about why we should think about climate change as a national security threat, the challenges of viewing climate change through this paradigm, the long-standing relationship between climate change and the U.S. national security apparatus, and how climate change may affect global migration.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Julian Mortenson, Professor of Law at the University of Michigan, is the author of a remarkable new article entitled "Article II Vests Executive Power, Not the Royal Prerogative," forthcoming in the Columbia Law Review, and available on SSRN.  Recently, Benjamin Wittes spoke with the professor about the article, which Mortenson has been working on for years—as long as the two have known each other. The article explores the history of exactly three words of the U.S. Constitution—the first three words of Article II, to be precise: "the executive power." Huge claims about presidential power have rested on a conventional understanding of these three words. Julian argues that this conventional understanding is not just partially wrong, or mostly wrong, but completely wrong, as a matter of history. And, he tries to supplant it with a new understanding that he argues is actually a very old understanding of what those words mean. Thanks to our sponsor Blinkist. Get your 7-day free trial at blinkist.com/lawfare.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On Thursday morning, Susan Hennessey spoke to former FBI director James Comey about encryption, China, Attorney General Bill Barr's comments to the Senate about the opening of the Russia investigation, and more.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Attorney General Bill Barr announced on Wednesday, April 10, that the Mueller report will be released next week. While we wait for the release, Quinta Jurecic and Benjamin Wittes have written a "Memo to the Press: How Not to Screw Up on the Mueller Report." Jurecic and Wittes argue that the press got lost in the confusion of Barr's letter to Congress announcing the special counsel's top-line conclusions, and they offer nine principles for how to "[do] better the second time." You can listen to Quinta Jurecic read that article in the latest edition of the Lawfare Podcast Shorts. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Our friends at the National Security Institute at George Mason University came over last week to have a discussion in our podcast studio about Yemen and the U.S.-Saudi alliance. Four former Senate Foreign Relations Committee staffers who worked with and sometimes at odds with each other participated. The conversation was moderated by Lester Munson, former Staff Director of the Committee under Chairman Bob Corker, and it included Jodi Herman, former Staff Director of the Committee under Ranking Member Ben Cardin; Jamil Jaffer, Founder and Executive Director of the National Security Institute and former Chief Counsel and Senior Advisor with the Committee under Chairman Bob Corker; and Dana Stroul, former Democratic senior staffer on the Senate Foreign Relations Committee for the Middle East.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In this fourth episode of the special Culper Partners Rule of Law series, David Kris and Nate Jones speak with former White House Counsel Kathy Ruemmler. Prior to her White House service, Kathy served as the Principal Associate Deputy Attorney General at the Department of Justice, as an Assistant U.S. Attorney in Washington, DC, and on the Enron task force. Earlier in her career, Kathy was an Associate Counsel to President Bill Clinton, where she defended the White House and the Office of the President in independent counsel and congressional investigations. Kathy spoke with David and Nate about her service as President Obama's White House Counsel and how her experience at the Department of Justice instilled in her a deep respect for the rule of law, including limits on interactions between the White House and DOJ concerning particular investigations and other matters. She has grave concerns about the inherent conflict facing President Trump's subordinates, who must remain faithful to the rule of law while trying to carry out the legitimate policy goals of the elected president. She is not optimistic that this can be done, and she raises the question of whether those who remain have compromised to the point of enabling the president's misconduct.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Back in February, we hosted Bill Harlow and Marie Harf, two former public affairs officers at the Central Intelligence Agency, to discuss how the CIA interacts with reporters on sensitive national security topics. For this episode, we thought it only fair to turn that around and also talk about how it's seen on the other side. Mary Louise Kelly is a voice familiar to many as an anchor of All Things Considered on NPR. She previously spent a decade as national security and intelligence correspondent for NPR News after working for CNN and the BBC. Shane Harris, in addition to co-hosting the Rational Security podcast, now covers intelligence and national security for The Washington Post, after writing about the same for outlets like The Wall Street Journal, Daily Beast, and National Journal. David Priess recently sat down with Mary Louise and Shane to discuss the challenges of covering national security, to address myths about the intelligence beat, and, unsuccessfully, to uncover their sources.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

There's a special relationship between the United States and the United Kingdom, but with Brexit and the erratic presidency of Donald Trump, it hasn't exactly been business as usual between the two countries. Or has it? British Ambassador to the United States, Sir Kim Darroch, sat down with Benjamin Wittes last week to talk about the alliance, particularly in moments of uncertainty for both countries. They talked briefly about Brexit, but they mostly discussed other key areas of mutual cooperation, like counterterrorism in the Middle East, countering Russian aggression, and what to do about a rising China. Thanks to our sponsor Blinkist. Get your 7-day free trial at blinkist.com/lawfare. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From 1989 to early 2017, Sue Biniaz was the lead climate lawyer and a climate negotiator at the State Department. She was also a key architect of the Paris Agreement on Climate Change, a UN-negotiated agreement designed to mitigate global warming, which went into effect in November 2016. In June 2017, President Trump announced his intention to withdraw the United States from the agreement. Sue sat down with Lawfare's Jack Goldsmith to talk about the early days of U.S. and international climate action, how the Paris Agreement came into force and the predecessor agreements that gave rise to it, how it was supposed to operate, and what impacts Trump's actions have had on international climate policy.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Special Counsel Robert Mueller sent his report to Bill Barr on Friday, and the attorney general sent a letter to Congress on Sunday detailing the principal conclusions of the Mueller report. Benjamin Wittes talks about it all with Lawfare Executive Editor Susan Hennessey, former senior Justice Department official Carrie Cordero and former assistant attorney general for national security David Kris. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In this third episode of the special Culper Partners Rule of Law series, David Kris and Nate Jones speak with former Senator Saxby Chambliss, who served as a senator from Georgia from 2003–2015, and in the House of Representatives from 1995–2003. During his tenure in the Senate, he was a member of the Senate Armed Services Committee, as well as the Senate Select Committee on Intelligence, where he served as Vice Chairman from 2011–2014. His previous role as Chairman of the House Intelligence Subcommittee on Terrorism and Homeland Security made him one of the leading congressional experts on those issues. They talked about the history of the congressional intelligence committees, the significance of election interference, and the proper penalties for lying to Congress. Chambliss also described what it was like to serve on the Senate Intelligence Committee, even describing a particular situation that is apparently still classified and undisclosed, as well as revealing whom he considers to be the best legislator he ever knew.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Demographic, technological, and geostrategic developments are disrupting the electoral landscape in sub-Saharan Africa. How do these shifts affect the political climate for democracy and participation across Africa? What have recent elections in Nigeria illustrated about these? And what about the clash between China and the United States in Africa? To explore these questions, David Priess spoke with Judd Devermont, director of the Africa program at the Center for Strategic and International Studies, host of the Into Africa podcast, and former national intelligence officer for Africa from 2015 to 2018.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It’s Robert Mueller as you’ve never heard him before. We have something special for you on the podcast today. Something very different. The Mueller report is coming. We all know that. We don’t know what’s going to be in it. We don't know when it's showing up.  But Bob Mueller has already told a remarkable story. He’s told it scattered through different court filings in a variety of cases, indictments, plea agreements, stipulations of fact. We decided to distill it, to organize it, to put it all in one place, to tell the story of the Russia investigation orally, to let a remarkable group of speakers read the speaking indictments that Mueller has issued. So here’s the story of the Russia conspiracy, distilled to a brief audiobook in seven chapters. What you’re about to hear is all taken nearly verbatim from actual Bob Mueller filings. We’ve cut a lot, moved stuff around, and changed a few words here and there to make it sound more like a narrative. We have changed the meaning not at all. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Bill Browder, human rights campaigner and foe of Vladimir Putin, seems to get arrested whenever he travels abroad as a result of red notices and diffusion orders issued by Putin through the Interpol police organization. These incidents have highlighted the abuse of Interpol by authoritarian governments, and they raise a really important question: Should we be participating in an international police organization with governments that use that organization to harass and arrest their enemies? On this episode of The Lawfare Podcast, Benjamin Wittes speaks with two people with somewhat different points of view, although a lot of common ground: Bill Browder himself, along with Jago Russell, the head of Fair Trials, which has worked to reform Interpol and make it less susceptible to abuse. Bill argues for kicking the bums out and having police cooperation only between countries that observe civilized norms of law enforcement. Jago makes the case for mending, not ending, an inclusive international police organization.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

As the nation braces for the forthcoming end of special counsel Robert Mueller's investigation into President Trump and his associates, The Lawfare Podcast decided to take a look back at the complete history of special prosecutors. Benjamin Wittes sat down with Andrew Coan, a professor of law at the James E. Rogers College of Law at the University of Arizona. Coan recently published "Prosecuting the President," which traces the history of how special prosecutors and counsels work to keep the executive branch accountable for its actions. Ben and Andrew discussed the book, the Teapot Dome Scandal, the Whiskey Ring, and what all of that might mean for the future of special counsels.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

For the past year, Matt Waxman has been writing Lawfare vignettes about interesting—and usually overlooked—historical episodes of American constitutional war powers in action, and relating them to modern debates. These include the stories of St. Claire’s Defeat and the Whiskey Rebellion during the Washington administration, congressional war powers and the surprisingly late termination of World War I, the proposed Ludlow Amendment during the interwar years, and Eisenhower’s Taiwan force authorization. Ben Wittes invited Matt on the podcast to talk about them and how they fit together into a book broader project he's embarking on. If you’re tired of hearing the usual war powers debates, listen in. And even if you think you know a lot about constitutional war powers, you’ll learn a lot.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On Tuesday, Susan Hennessey interviewed FBI Director Chris Wray at the 2019 RSA Conference. They discussed about how the Director views the cyber threat landscape 18 months into his term, his concerns about the threats posed by Russia and China, what the FBI is doing to protect the 2020 elections, and more.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Political trends in recent years have seen a rise of right-leaning nationalism and populism around the globe, including in the United States. What are the sources of nationalism, and what are its effects on modern politics? On this episode, Lawfare founding editor and Harvard law professor Jack Goldsmith sits down with John Judis, editor-at-large at Talking Points Memo and author of "The Nationalist Revival." They discussed Judis’s book, including the necessity of nationalism in developed democracies, why right-wing nationalist and populist movements seem to be winning out over those on the left, and how Donald Trump successfully raised the profile of nationalist politics in the United States.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

It's hard to open a newspaper or turn on the television without hearing about the dysfunction and partisan polarization affecting members of Congress. But what about their staffs, and what does that mean for national security? This week, Margaret Taylor sat down with seemingly unlikely partners: Luke Murry, National Security Advisor to Republican House Minority Leader Kevin McCarthy, and Daniel Silverberg, National Security Advisor to Democratic House Majority Leader Steny Hoyer. They spoke about security issues facing this Congress, what staffers do on a day-to-day basis, and how the two of them actually work together.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On Wednesday, Michael Cohen—the former executive vice president of the Trump Organization, former deputy finance chairman of the Republican National Committee, and former personal lawyer to Donald Trump—paid a visit to the House Committee on Oversight and Reform. Cohen accused the president of campaign finance violations after taking office. He alleged that he was present when Roger Stone gave Trump advance notice of the WikiLeaks dump of the hacked DNC emails. And he claimed that the president's statements in a meeting with Jay Sekulow led Cohen to conclude that the president wanted Cohen to make false statements to Congress. So we cut out all of the bickering, all of the procedural obstructions, and all the rest of the frivolity, to bring you just the one hour of testimony you need to hear. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.