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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.lawfareblog.com.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
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Jameel Jaffer on "The Drone Memos"

Jameel Jaffer on "The Drone Memos"

Jameel Jaffer, author of The Drone Memos: Targeted Killing, Secrecy, and the Law, joins Jack Goldsmith at the Hoover Book Soiree. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
50:3514/01/2017
Susan Hennessey and Matt Tait Go on a Political Witch Hunt

Susan Hennessey and Matt Tait Go on a Political Witch Hunt

In an interview with The New York Times before his intelligence briefing on Russian efforts to interfere in the U.S. election on Friday, President-elect Donald Trump called the intelligence community's assessment of Russian interference a "political witch hunt." In that spirit, we brought Lawfare managing editor Susan Hennessey and former GCHQ information security specialist Matt Tait on the podcast to discuss evidence of Russian attempts to influence the presidential election and Trump's baffling response. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
46:1706/01/2017
Deterring Russian Cyber Intrusions

Deterring Russian Cyber Intrusions

Whatever the President-elect might say on the matter, the question of Russian interference in the presidential election is not going away: calls continue in the Senate for an investigation into the Kremlin's meddling, and the security firm CrowdStrike recently released new information linking one of the two entities responsible for the DNC hack with Russia's military intelligence agency. So how should the United States respond? In War on the Rocks, Evan Perkoski and Michael Poznansky recently reviewed the possibilities in their piece "An Eye for an Eye: Deterring Russian Cyber Intrusions." They've also written on this issue before in a previous piece titled "Attribution and Secrecy in Cyber Intrusions." We brought them on the podcast to talk about what deterrence of Russian interference would look like and why it's necessary. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
46:4523/12/2016
Intelligence Under a Trump Administration

Intelligence Under a Trump Administration

The annual Cato Surveillance Conference kicked off this week with a panel on "Intelligence Under a Trump Administration," featuring former Director of the National Counterterrorism Center Matthew Olsen and Lawfare's own Susan Hennessey, Timothy Edgar, and Carrie Cordero. In a discussion moderated by Shane Harris of The Wall Street Journal (and Rational Security), the group discussed how Trump's antagonistic approach to the intelligence community and his dismissive attitude toward intelligence briefings will shape the coming administration.   Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
01:04:3716/12/2016
The Lawfare Podcast: Christopher Moran on "Company Confessions: Secrets, Memoirs, and the CIA"

The Lawfare Podcast: Christopher Moran on "Company Confessions: Secrets, Memoirs, and the CIA"

The Lawfare Podcast has made it to our 200th episode! Thank you to all our listeners, old and new. This week at the Hoover Book Soiree, Jack Goldsmith interviewed Christopher Moran, a professor at the University of Warwick, on his book Company Confessions: Secrets, Memoirs, and the CIA. Moran's work is a history of CIA memoirs, but it's also a history of the Agency itself and its efforts to shape its image in the public eye. How does an organization whose work depends on keeping secrets justify its efforts within a democratic society?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
38:5309/12/2016
Al-Shabaab Under the AUMF

Al-Shabaab Under the AUMF

Earlier this week, the New York Times published a story by Charlie Savage, Eric Schmitt, and Mark Mazzetti informing us that the Obama administration had changed its interpretation of the 2001 Authorization for the Use of Military Force to more broadly cover the use of force against al-Shabaab, expanding its previous reading of the AUMF as only authorizing force against members of al-Shabaab individually linked to al-Qaeda. Bobby noted the story on Lawfare and provided a few comments. While the news has been somewhat drowned out amidst the hubbub of the presidential transition, the significance of this change in legal interpretation shouldn't be lost—so we brought Bobby and Charlie Savage on the podcast to talk with Benjamin Wittes about where this change came from and what it might mean.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
45:3502/12/2016
Real Security: Governance and Stability in the Arab World

Real Security: Governance and Stability in the Arab World

This week on the podcast, we’re bringing you some post-Thanksgiving food for thought on the uncertain state of the Arab world. On November 21, Madeleine Albright, Tamara Cofman Wittes, Stephen Hadley, and Amr Hamzawy sat down at the Brookings Institution to discuss a new report on “Real Security: Governance and Stability in the Arab World." What lead to the breakdown of governance across Arab countries? What can be done to establish more stable governance and increase security? And what role does the United States have in all of this?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
50:5726/11/2016
Bill Banks on "Soldiers on the Homefront: The Domestic Role of the American Military"

Bill Banks on "Soldiers on the Homefront: The Domestic Role of the American Military"

At this week's Hoover Book Soiree, Benjamin Wittes sat down with Bill Banks, Professor of Law at Syracuse University and the Founding Director of the Institute for National Security and Counterterrorism, to talk about Bill's book with Stephen Dycus, Soldiers on the Homefront: The Domestic Role of the American Military. The book examines how both law and culture has shaped and constrained the military's domestic activities, reviewing the legal history of the various different roles that soldiers have played at home, from law enforcement to martial law. Given the widespread concern over the strength of the next administration's commitment to civil liberties and the rule of law, it's a conversation that's unfortunately more relevant than ever. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
47:2419/11/2016
"The First Day of the Rest of Our Lives" Edition

"The First Day of the Rest of Our Lives" Edition

This week, the Lawfare Podcast brings you a joint episode of the show together with Rational Security. The usual Rational Security gang—Shane, Ben, Tamara, and Susan—reflect on the results of the election and ask: What national security themes drove Donald Trump's supporters? What challenges does Trump face forming a government? And how will America’s allies react to his election?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
49:0212/11/2016
David Priess on "The President's Book of Secrets"

David Priess on "The President's Book of Secrets"

Two weeks ago, Lawfare’s Jack Goldsmith sat down with David Priess at the Hoover Institution for a Hoover Book Soiree on Priess’s new book, The President’s Book of Secrets: The Untold Story of Intelligence Briefings to America’s Presidents from Kennedy to Obama. While the book is framed as a study of the history of the President’s Daily Brief, it’s also a history of the American intelligence community since WWII and a history of how presidents deal with intelligence organizations. Consider this Lawfare's gift to you: you don't have to suffer through yet another podcast about what's going to happen on November 8th. We're all stressed and stir-crazy over here, too. Take a listen to the podcast and give yourself a break from worrying. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
39:2104/11/2016
Bahlul, Bahlul, Bahlul, Bahlul

Bahlul, Bahlul, Bahlul, Bahlul

On Thursday, October 20th, the D.C. Circuit Court of Appeals ruled once again on the case of Ali Hamza al-Bahlul, a Guantanamo detainee convicted by a military commission for inchoate conspiracy to commit war crimes. In a divided and inconclusive en banc decision, the D.C. Circuit affirmed Bahlul’s conviction, overturning the court’s decision vacating the conviction last June, in which a three-judge panel held that Bahlul could not be convicted of the domestic law offense of conspiracy as a war crime because Article III of the Constitution only permits military commission trials of offenses against the international laws of war. The Lawfare Podcast has covered the twists and turns of Bahlul’s case in the past, and now we’re back once more with Steve Vladeck of the University of Texas School of Law and Bob Loeb, a partner at Orrick, Herrington and Sutcliffe and the former Acting Deputy Director of the Civil Division Appellate Staff at the Department of Justice.  Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
50:2628/10/2016
Samuel Moyn on "How Warfare Became Both More Humane and Harder to End”

Samuel Moyn on "How Warfare Became Both More Humane and Harder to End”

On October 19th, Samuel Moyn, Professor of Law and History at Harvard University, closed out a one-day conference on “The Next President's Fight Against Terror” at New America with a talk on “How Warfare Became Both More Humane and Harder to End.” He argues that we’ve moved toward a focus on ending war crimes and similar abuses rather than a focus on preventing war’s outbreak in the first place. And in his view, the human rights community shares culpability for this problem. It’s an issue that will be of great consequence as the next president takes office amidst U.S. involvement in numerous ongoing military interventions across the globe.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
49:1822/10/2016
Jack Goldsmith and Susan Hennessey on Russian Interference in the U.S. Election

Jack Goldsmith and Susan Hennessey on Russian Interference in the U.S. Election

When audio dropped last Friday of Donald Trump boasting of attacks on women, the news quickly eclipsed another, just-as-important election story released right alongside it: reports that the United States government had decided to formally lay the blame for the recent hacking of Democratic Party information at the Kremlin's feet. In any other year, Russia's apparent attempts to interfere with the U.S. presidential election would be the biggest story of the moment. Thankfully, we at Lawfare were able to bring in our own Jack Goldsmith and Susan Hennessey to talk about Russia's hacking and leaking, its apparent probing and scanning of state-level electoral systems, and the U.S. government's confusion regarding what on earth to do about it.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
40:5514/10/2016
Stephanie Leutert on Violence in Mexico and Central America

Stephanie Leutert on Violence in Mexico and Central America

Stephanie Leutert, the Mexico Security Initiative Fellow at the University of Texas at Austin and the author of Lawfare's Beyond the Border series, joined Benjamin Wittes on this week's podcast to talk about the epidemic of violence plaguing Mexico and Central America. Despite the crisis going on immediately to our south, those of us in the United States who work and think on national security issues rarely consider this violence as relevant to national security. But Stephanie argues that we should.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
38:1107/10/2016
Rosa Brooks on "How Everything Became War and the Military Became Everything"

Rosa Brooks on "How Everything Became War and the Military Became Everything"

At this week's Hoover Book Soiree, Rosa Brooks joined Benjamin Wittes to talk about her new book, How Everything Became War and the Military Became Everything: Tales from the Pentagon. The book covers an extraordinary range of territory, from Brooks' personal experiences working as a civilian advisor at the Pentagon, to the history of the laws of war, to an analysis of the U.S. military's expanded role in a world in which the lines between war and peace are increasingly uncertain.  How should we think about the military’s responsibilities outside the realm of traditional warfare? And is it desirable, or even possible, to rethink the way we approach the distinctions between wartime and peacetime?  Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
53:2630/09/2016
Judge Laurence Silberman on the Birth of NSD

Judge Laurence Silberman on the Birth of NSD

Last week, the National Security Division of the Justice Department celebrated its 10th anniversary by holding a major conference at the Center for Strategic and International Studies. Judge Laurence Silberman, the intellectual and policy force behind the division's creation, spoke about the birth of NSD with Lawfare’s Benjamin Wittes. As co-chair of the so-called Robb-Silberman commission that examined the intelligence failures leading up to the Iraq War, Judge Silberman recommended the creation of the new division. And as a judge on the FISA Court of Review, he also wrote a key opinion breaking down the “wall” between intelligence and law enforcement functions at the Justice Department.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
27:4823/09/2016
An Interview with Independent Presidential Candidate Evan McMullin

An Interview with Independent Presidential Candidate Evan McMullin

It's been an unusual election season so far—to put it mildly. Among the many other unexpected or unprecedented occurrences that have taken place over the course of the 2016 campaign season, we've seen many people working in the usually quiet and apolitical national security space take a step into the political limelight.  This is especially true of Evan McMullin, a former CIA officer and former Chief Policy Director for the House Republican Conference who is now running for president as an independent. Lawfare's Carrie Cordero came on the podcast to interview McMullin on how his experience in national security operations and policy influenced his decision to make a late independent bid for the presidency, and how his career would shape his approach to the important national security issues facing the country.  Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
37:0717/09/2016
Disrupting ISIS Recruitment Online

Disrupting ISIS Recruitment Online

On September 7, the Brookings Institution convened a discussion on a pilot program to disrupt online ISIS recruitment spearheaded by Jigsaw, a technology think tank run by Alphabet. Yasmin Green, Jigsaw's Head of Research and Development, presented the organization's new "Redirect Method," which uses online advertisements to reach out to those who might be susceptible to ISIS propaganda. Will McCants of Brookings spoke about the initiative with Green, Ross Frenett of Moonshot CVE, and Undersecretary of State for Public Diplomacy and Public Affairs Richard Stengel. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
50:4309/09/2016
Geeking Out on Al-Nashiri with Michel Paradis and Bob Loeb

Geeking Out on Al-Nashiri with Michel Paradis and Bob Loeb

Michel Paradis, a senior attorney in the Department of Defense’s Office of the Chief Defense Counsel and counsel for Abd al-Rahim al-Nashiri, came on the podcast with Bob Loeb, a partner at Orrick, Herrington and Sutcliffe and the former Acting Deputy Director of the Civil Division Appellate Staff at the Department of Justice. Along with Benjamin Wittes, Michel and Bob discussed the D.C. Circuit Court of Appeals’ recent ruling in the Al-Nashiri case. The court denied Al-Nashiri's petition for a writ of mandamus to dissolve the military commission convened to try him and affirmed the ruling of the district court, which denied Al-Nashiri's motion for a preliminary injunction of his trial. In doing so, the D.C. Circuit abstained from ruling on Al-Nashiri’s claim that the military commission lacks jurisdiction to try him, because his alleged war crimes were committed prior to 9/11 and thus took place before the beginning of active hostilities.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
52:0302/09/2016
Dave Aitel and Matt Tait on How “Everything You Know About the Vulnerability Equities Process Is Wrong”

Dave Aitel and Matt Tait on How “Everything You Know About the Vulnerability Equities Process Is Wrong”

Dave Aitel and Matt Tait come on the podcast to discuss their recent Lawfare essay critiquing the current status of the Vulnerability Equities Process. They argue that the process by which the US government decides whether or not to disclose software vulnerabilities is fundamentally broken, and that now is the time to discuss how to fix it.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
47:5326/08/2016
#LawfareAMA

#LawfareAMA

It's the dog days of summer, and Lawfare is bringing you the special August AMA edition. All week, we've been taking your questions on Twitter under the hashtag #LawfareAMA, on topics ranging from Trump to the War Powers Resolution. Now, Lawfare Editor in Chief Benjamin Wittes and Managing Editor Susan Hennessey are weighing in with the answers. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
36:3719/08/2016
Walter Pincus on "The Norms of National Security Reporting"

Walter Pincus on "The Norms of National Security Reporting"

Walter Pincus, the Washington Post’s recently-retired national security reporter, sat down with Benjamin Wittes at the Hoover Book Soiree to discuss Walter's recent essay, "Reflections on Secrecy and the Press from a Life in Journalism." Walter and Ben chat about Walter’s work in journalism and how his unusual career has shaped his views on the unique responsibilities and difficulties of national security reporting. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
40:5012/08/2016
John Brennan on "Emerging Challenges"

John Brennan on "Emerging Challenges"

Director of the Central Intelligence Agency John Brennan came to the Brookings Institution on July 13th for a conversation with Brookings Senior Fellow Bruce Riedel on “CIA’s strategy in the face of emerging challenges.” The two discussed a range of topics, from the Arab Spring, to the drone program, to the importance of integration across intelligence agencies.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
59:4205/08/2016
Shadi Hamid on "Islamic Exceptionalism"

Shadi Hamid on "Islamic Exceptionalism"

Shadi Hamid is a senior fellow at the Brookings Institution’s Project on US Relations with the Islamic World and the author of the new book Islamic Exceptionalism: How the Struggle Over Islam Is Reshaping the World. Shadi sat down with Benjamin Wittes to discuss his book, which examines Islam’s unique relationship with democratic politics and the modern world. It's a thoughtful discussion of liberalism’s complex interaction with Islamic history and politics from the Enlightenment through to the present day.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
57:0130/07/2016
Steve Budiansky on "Code Warriors: NSA's Codebreakers and the Secret Intelligence War Against the Soviet Union"

Steve Budiansky on "Code Warriors: NSA's Codebreakers and the Secret Intelligence War Against the Soviet Union"

Steve Budiansky is the author of Code Warriors: NSA's Codebreakers and the Secret Intelligence War Against the Soviet Union. He joined Ben at the Hoover Book Soiree for a live conversation about his new book, which studies the National Security Agency’s origins in World War II codebreaking and its development throughout the Cold War. Budiansky goes deep into how the organization’s history has shaped its mission and culture. It’s a fascinating discussion of the NSA’s past, present, and future, from the Cold War to the Age of Snowden.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
01:03:4122/07/2016
Will McCants on "A Caliphate Without a Caliphate"

Will McCants on "A Caliphate Without a Caliphate"

Will McCants, a Senior Fellow at Brookings and the Director of the Project on US Relations with the Islamic World, comes on the podcast to discuss ISIS’s involvement in the recent spate of terrorist attacks across the globe. To what extent has ISIS really been involved in these attacks? How does their involvement reflect a change in strategy or a response to recent territorial losses? And how does group that presents itself as a caliphate continue to exist without controlling any land? It’s the Lawfare Podcast Episode #179: Will McCants on “A Caliphate Without A Caliphate.”Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
29:3115/07/2016
Comey Versus the Committee With No Bull

Comey Versus the Committee With No Bull

FBI Director James Comey faced the House Oversight and Government Reform Committee this week for live long hours over the Clinton email investigation. We hacked it down to 90 minutes. Just the questions. Just the answers. None of the crap. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
01:27:2109/07/2016
John Carlin Uses All the Tools

John Carlin Uses All the Tools

Assistant Attorney General John Carlin has a new law review article on a "whole of government" and "all-tools" approach to national security cyber threats. He sat down with Benjamin Wittes this week to discuss the article and the progress the government has made in confronting bad cyber actors internationally.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
39:4101/07/2016
Mona Sedky on Prosecuting Sextortion

Mona Sedky on Prosecuting Sextortion

Department of Justice Computer Crimes Prosecutor Mona Sedky discusses the sextortion cases she has prosecuted and the meaning and danger of this new kind of crime.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
51:5025/06/2016
Fred Kaplan on "Dark Territory"

Fred Kaplan on "Dark Territory"

Fred Kaplan joins Benjamin Wittes at a Hoover Book Soiree to discuss "Dark Territory: The Secret History of Cyber War."Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
01:11:4417/06/2016
Suzanne Spaulding on Cyber

Suzanne Spaulding on Cyber

Suzanne Spaulding, Under Secretary for the National Protection and Programs Directorate at the Department of Homeland Security, joins Lawfare's Benjamin Wittes for interview on cybersecurity and the role of DHS is cyberdefense in front of a live a audience.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
51:1210/06/2016
How is the Iran Deal Really Going?

How is the Iran Deal Really Going?

The Iran deal adopted in July 2015 was an effort not only to prevent Iran from acquiring nuclear weapons but also to avert a nuclear arms competition in the Middle East. But uncertainties surrounding the future of the agreement, including the question of what Iran will do when key restrictions on its nuclear program expire after 15 years, could provide incentives for some of its neighbors to keep their nuclear options open. A Brookings panel--including Robert Einhorn, Richard Nephew, Suzanne Maloney, Amb. Youssef Al Otaiba of the UAE, and Derek Chollet of the German Marshall Fund--discuss a new report on the deal's implementation.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
01:26:4004/06/2016
The Role of Transparency in Intelligence Programs: A Conversation with Rachel Brand, Carrie Cordero and Alexander Joel

The Role of Transparency in Intelligence Programs: A Conversation with Rachel Brand, Carrie Cordero and Alexander Joel

This week, the American Bar Association hosted a panel discussion on “Achieving More Transparency about Secret Intelligence Programs”, which along with Lawfare's Carrie Cordero, featured comments from Alexander Joel of Office of the Director of National Intelligence and Rachel Brand and the Privacy and Civil Liberties Oversight Board. The panel explores recent calls for greater transparency, and examines whether recently adopted principles go far enough. Can an entity oriented towards secrecy by nature operate effectively in an environment of transparency? And just how much more transparent can intelligence agencies be without enabling legitimate targets to avoid surveillance?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
58:5127/05/2016
A Conversation on Targeting Americans with H. Jefferson Powell

A Conversation on Targeting Americans with H. Jefferson Powell

Four years ago, Anwar al Awlaki—an American citizen—was killed in an American drone strike in Yemen, marking the first targeted killing of a U.S. citizen by the U.S. government. While the attack occurred almost four years ago, the legality, morality and prudential nature of the strike, and others like it that occur nearly daily in a scattershot of countries around the world, remain a subject of much debate.  Last week, Jefferson Powell joined Lawfare’s Jack Goldsmith at the May Hoover Book Soiree for a discussion of Targeting Americans: The Constitutionality of U.S. Drone War, a new book that takes a deep look into the constitutionality of the program. Powell is a Professor of Law at Duke University, and over the hour, he argues that the killing of Anwar al Awlaki under the 2001 AUMF was constitutional, but that the Obama administration’s broader claims of authority are not. He also asserts that American citizens acting as combatants in al Qaeda are not entitled to due process protections. Yet constitutional claims should not be confused with what is moral, or indeed, what is legal under international norms. Those answers, Powell suggests, must be examined through means other than constitutional law.  Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
44:5419/05/2016
A Conversation on Global Intelligence Oversight with Sam Rascoff and Zach Goldman

A Conversation on Global Intelligence Oversight with Sam Rascoff and Zach Goldman

This week on the show, Zachary Goldman and Samuel Rascoff of the NYU Center on Law and Security came on the show to discuss their new edited volume, “Global Intelligence Oversight: Governing Security in the Twentry-First Century.” The book’s contributors take a comparative approach to examining trends in intelligence oversight. And Zach and Sam join Lawfare’s Benjamin Wittes and Bobby Chesney---yes, that same Bobby Chesney, back from the Zombie Apocalypse---to tease out the book’s chapter’s on the role of transnational oversight, the changing nature of judicial oversight, and how the executive too can create intelligence accountability. *Correction: The voice at the beginning of the podcast is that of Zach Goldman and not Sam Rascoff as indicated.*Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
43:2313/05/2016
Juliette Kayyem on "Security Mom" and Building a More Resilient Nation

Juliette Kayyem on "Security Mom" and Building a More Resilient Nation

Last week, Juliette Kayyem joined Lawfare’s Jack Goldsmith at the Hoover Book Soiree for a discussion of her new book, Security Mom: An Unclassified Guide to Protecting Our Homeland and Your Home. In their conversation, Kayyem, who served as Assistant Secretary for Intergovernmental Affairs in the Department of Homeland Security, distills lessons from her years of government service, outlining a number of smart, measureable guidelines that every American citizen can follow in order to enhance their own security preparedness. In her assessment, homeland security begins in the home, and we all have a responsibility to ensure that our families are prepared in the event that the unthinkable happens.   Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
37:1206/05/2016
Intel Security's Chris Young on Cybersecurity and a Debate on Using Data to Protect Data

Intel Security's Chris Young on Cybersecurity and a Debate on Using Data to Protect Data

Intel Security's Chris Young gives a talk on the currentcybersecurity landscape. And we hold a debate on using BigData to protect personal privacy, featuring Daniel Weitzner ofMIT, Laura Donahue of Georgetown Law, Susan Hennessey of Brookingsand Lawfare, Greg Nojeim of the Center for Democracy andTechnology, and David Hoffman of Intel: Is Big Data just a privacythreat? Or is it part of the solution too?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
01:33:5030/04/2016
Cliff Kupchan on Russia in Syria

Cliff Kupchan on Russia in Syria

This week on the podcast, Benjamin Wittes and Cliff Kupchan talk about the future of U.S-Russia relations and to delve into the Russian intervention in Syria. Kupchan is the Chairman and Practice Head for Eurasia at the Eurasia Group, where he covers Russia’s domestic and foreign policy, as well as its energy sector. He argues that the United States has good reason to talk to and work with Russia on a host of crises, including Syria. While he calls Russia a “revisionist power without a vision,” he also warns that the United States would be foolish to dismiss the country’s concerns out of hand. Instead, American officials should strive to work with Moscow in Syria, where he argues that the national interest requires it, as an anti-Russian obstructionism will benefit neither the United States nor the international community. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
44:5622/04/2016
The Lawfare Podcast: Daniel Weitzner and Ben Wittes on Going Dark and the Fallout from Apple v. FBI

The Lawfare Podcast: Daniel Weitzner and Ben Wittes on Going Dark and the Fallout from Apple v. FBI

Apple and the FBI may have been settled out of court, but that doesn’t mean the fight is over. With Congress on the verge of considering new legislation to compel technology companies to decrypt data, the Going Dark debate is alive and well. Last week on a panel at the IAPP Global Privacy Summit in Washington D.C., Lawfare's Editor-in-Chief Ben Wittes and Daniel Weitzner discussed the fallout from the battle between Apple and the FBI and what is likely to come of the Going Dark debate. Weitzner is the Director of the MIT Internet Policy Research Initiative and Principal Research Scientist at the MIT Computer Science and Artificial Intelligence Lab; he was formerly the United States Deputy Chief Technology Officer for Internet Policy at the White House. He and Ben parse the contours of the recent dispute between the Bureau and the technology giant, explore the boundaries of commercial use encryption, and debate the role of backdoors in law enforcement investigations. They conclude with thoughts on the policy implications of the latest reemergence of the cryptowars.  Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
54:5814/04/2016
Eric Schwartz on US Refugee Policy and the Syrian Civil War

Eric Schwartz on US Refugee Policy and the Syrian Civil War

Eric Schwartz, dean of the Hubert H. Humphrey School of Public Affairs at the University of Minnesota and previously U.S. Assistant Secretary of State for Population, Refugees, and Migration, explains why the United States has an interest in alleviating the Syrian refugee crisis. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
41:1508/04/2016
The Lawfare Podcast: Adam Segal on "The Hacked World Order"

The Lawfare Podcast: Adam Segal on "The Hacked World Order"

This week, Adam Segal of the Council on Foreign Relations joined Lawfare’s Jack Goldsmith at the Hoover Book Soiree for a discussion of his new book, The Hacked World Order: How Nations Fight, Trade, Maneuver, and Manipulate in the Digital Age. Segal begins at what he calls “year Zero”—sometime between June 2012 and June 2013—explaining that the events in that year ushered in a new era of geopolitical maneuvering in cyber space, with great implications for security, privacy, and the international system. These changes, he suggests, have the potential to produce unintended and unimaginable problems for anyone with an internet connection. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
44:3131/03/2016
The Lawfare Podcast: The Need for Pragmatic Engagement Amidst Global Uncertainty

The Lawfare Podcast: The Need for Pragmatic Engagement Amidst Global Uncertainty

This week on the podcast, Lawfare’s Ben Wittes interviews Amy Zegart and Stephen Krasner, both of the Hoover Institution, about their recently released national security strategy called Pragmatic Engagement Amidst Global Uncertainty: Three Major Challenges. The document, which was produced by the Hoover Institution’s Working Group on Foreign Policy and Grand Strategy, presents three key challenges to the future of U.S. security—China, Russia, and unconventional threats—and outlines three principles that should guide the United States’s response, ultimately calling for a pragmatic foreign policy that does not go in search of monsters abroad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
41:3925/03/2016
The Lawfare Podcast: General Michael Hayden Discusses American Intelligence in the Age of Terror

The Lawfare Podcast: General Michael Hayden Discusses American Intelligence in the Age of Terror

Last week, General Michael Hayden—the only person to be both the director of the CIA and the NSA—joined Lawfare’s Benjamin Wittes at the Hoover Book Soiree for a discussion of his new book, Playing to the Edge: American Intelligence in the Age of Terror. Over the course of an hour, Hayden provides an inside look at some of the most critical intelligence decisions since 9/11, including the CIA’s controversial rendition, detention, and interrogation program, the NSA's Stellarwind program, and the U.S.’s interactions with the intelligence agencies of its allies in the following years. In addition to weighing in on the ongoing FBI vs. Apple battle in the CDCA, Hayden also offers his perspective on the successes of the intelligence community, and outlines the challenges it will face in the coming years. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
56:3118/03/2016
The Lawfare Podcast: Lisa Monaco on America’s Counterterrorism Strategy against ISIS and Al Qaeda

The Lawfare Podcast: Lisa Monaco on America’s Counterterrorism Strategy against ISIS and Al Qaeda

This week, the president’s Homeland Security Advisor, Lisa Monaco, made news by announcing that the White House will release long sought data on the U.S. drone program. Delivering the Kenneth A. Moskow Lecture at the Council on Foreign Relations, Monaco outlined the evolving nature of the terrorist threat to U.S. national security. In her address, she notes that we no longer think of sleeper cells, but of lone wolves, and that instead of fighting a top down war, the U.S. finds itself engaging networks where information and inspiration flow both up and down. Monaco outlines how the administration is responding to this new, disparate nature of the terrorist threat.After her remarks, Monaco was joined by former Assistant Attorney General for National Security Kenneth Wainstein for a Q&A on homeland security.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
01:00:2710/03/2016
Apple v. FBI at the Wilson Center

Apple v. FBI at the Wilson Center

The Wilson Center takes on the Apple v. FBI controversy in a panel entitled “Will They or Won’t They? Understanding the Encryption Debate.” Wilson Center President Jane Harman hosts the event, which features Congressman Ted Lieu of California discussing the encryption challenge with Lawfare’s Susan Hennessey and Kate Martin of the Center for American Progress. Politico’s David Perera moderates the discussion.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
01:23:4605/03/2016
The Lawfare Podcast: How to Solve the Encryption Challenge

The Lawfare Podcast: How to Solve the Encryption Challenge

This week as the battle between the FBI and Apple raged in a California court, the Bipartisan Policy Center in Washington hosted Chairman of the House Homeland Security Committee Michael McCaul (R-TX) and Senator Mark Warner (D-VA) at an event unveiling new legislation that would create a commission tasked with developing viable recommendations on how to balance competing digital security priorities. Under their formulation, the commission would bring together experts who understand the complexity of both the security and technological aspects of the challenge. Following the conversation with Congressman McCaul and Senator Warner, Chris Inglis, Jim Lewis, Susan Hennessey, and Michael German discussed the merits of the proposal, and what the likely outcome would be. David Perera moderated the event. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
01:33:3126/02/2016
The Lawfare Podcast: Leon Wieseltier on the Moral Dimensions of the Syrian Refugee Crisis

The Lawfare Podcast: Leon Wieseltier on the Moral Dimensions of the Syrian Refugee Crisis

This week we have Leon Wieseltier on the show, who among many other things, is the Isaiah Berlin Senior Fellow in Culture and Policy at the Brookings Institution. Wieseltier is currently completing an essay on the moral, historical and philosophical dimensions of the refugee crisis. During his conversation with Lawfare editor-in-chief Ben Wittes, Wieseltier expresses his frustrations with the United States’ policy in Syria, arguing that the United States has a moral obligation to do more to alleviate the plight of Syrian refugees and that the U.S.’s refusal to act is the great foreign policy failing of our time. According to him, the United States has a responsibility to be more than the “world’s most powerful bystander.”It’s the Lawfare Podcast Episode #158: Leon Wieseltier on the Moral Dimensions of the Syrian Refugee Crisis. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
43:5319/02/2016
The Lawfare Podcast: Daniel Placek on Darkode

The Lawfare Podcast: Daniel Placek on Darkode

Last week as part of the University of Texas at Austin Strauss Center's conference on "The Frontiers of Cybersecurity Policy and Law," Daniel Placek, formerly one of the key figures behind the underground hacker website Darkode, offered an inside look into what led him to start the website, which Europol once called “the most prolific English-speaking cybercriminal forum to date.” In an interview with NPR News Correspondent Dina Temple-Raston, Placek describes the types of hacker tools once available for hire on the site, and describes what the future of the dark web looks like. He also discusses his cooperation with federal law enforcement officials in their efforts to take down the site. All in all, it’s an interview that shines a light into some of the darkest corners of the web and raises fundamental questions about how such places are policed.It’s the Lawfare Podcast, Episode #157: Daniel Placek on Darkode.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
57:5113/02/2016
The Lawfare Podcast: Defense Strategies for the Next President

The Lawfare Podcast: Defense Strategies for the Next President

This week as Iowa voters took to the caucuses, Brookings hosted a panel discussion on defense strategy for the next president. The panel, moderated by Brookings Senior Fellow Michael O’Hanlon, included Robert Kagan of the Brookings Institution, Mackenzie Eaglen of the American Enterprise Institute, and former Department of Defense Undersecretary for Policy James Miller, all making the case for U.S. leadership in world affairs. During their conversation, they explored the security challenges facing the next president, including two wars, a rising China, a resurgent Russia, and a metastasizing ISIS, all topped off by a contracting defense budget, and examined whether and in what ways those challenges will cause the next president to alter U.S. strategy overseas.It’s the Lawfare Podcast Episode #156: Defense Strategies for the Next President. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
01:30:4005/02/2016
The Lawfare Podcast: Justice Stephen Breyer on the Court and the World

The Lawfare Podcast: Justice Stephen Breyer on the Court and the World

Last week at The Brookings Institution, United States Supreme Court Justice Stephen Breyer participated in a discussion with Lawfare’s Benjamin Wittes and Newsweek’s Dahlia Lithwick about his new book, The Court and the World: American Law and the New Global Realities. During their conversation, Justice Breyer provides an overview of how in a globalizing world, the steady operation of American laws depends more on the cooperation of other jurisdictions than at any other time. He also examines how the Court's decisions regarding presidential power in national security have evolved throughout American history, and weighs how the Court can balance national security objectives in an increasingly connected world.Strobe Talbott, President of the Brookings Institution, introduced Justice Breyer and the panel.  It’s the Lawfare Podcast Episode #155: Justice Stephen Breyer on The Court and the World.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
01:31:4029/01/2016