The Lawfare Podcast

The Lawfare Institute

The Lawfare Podcast features discussions with experts, policymakers, and opinion leaders at the nexus of national security, law, and policy. On issues from foreign policy, homeland security, intelligence, and cybersecurity to governance and law, we have doubled down on seriousness at a time when others are running away from it. Visit us at www.lawfareblog.com.

Support this show http://supporter.acast.com/lawfare.

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Our Editor's Take

The Lawfare Podcast, a production of The Lawfare Institute, examines national security and law. Host Benjamin Wittes serves as Lawfare's editor-in-chief.Wittes is a Senior Fellow in Governance Studies at the Brookings Institution and a national security and legal expert. The podcast's hosts and guests include scholars of international law. They are policy makers, opinion leaders, professors, and journalists. Their depth of knowledge differentiates this podcast from more casual ones. They discuss various legal topics, including cybersecurity, foreign relations, and intelligence.

The Lawfare Podcast is a specialized law and policy show. The podcast often sticks to a discussion-based format. Panelists answer listener's questions on some episodes. The "Ask Us Anything" episode is an annual tradition. Some themes, like "Trump's Trials and Tribulations," appear throughout multi-part series.

Podcast episodes deconstruct many topics. One episode features lawyer Michael Gottlieb. He questions former New York City Mayor Rudy Giuliani's judgment. In another, Lawfare cofounder Jack Goldsmith talks with Harvard's Graham Allison. Allison reviews his relationship with his mentor Henry Kissinger. Panelists analyze the actions of Israel and Hamas under humanitarian law. The conflict in Yemen, cyber security, and UK secret intelligence all come up. Guests discuss Washington's response to the conflict between Ukraine and Russia. They also analyze the complicated politics of Ukraine aid.

The podcast also talks about related books that deal with politics and the law. In one memorable episode, Dan Klaidman and Michael Isikoff guested. They wrote the book Find Me the Votes: A Hard-Charging Georgia Prosecutor, a Rogue President, and the Plot to Steal an American Election. The title of the book comes from Donald Trump's efforts to try to swing the Georgia presidential election in his favor. He demanded this of Georgia Republican politicians.

The podcast features some lighter moments and informal conversations. However, these are relatively rare. The Lawfare Podcast is serious. It boasts an academic approach to the subject matter. Its tone reflects the nature of the show. Listeners seeking an immersive experience in national security and policy find it here. New episodes come out several times a week. Most episodes last about an hour.

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Lawfare Archive: A Band-Aid for a Bomber: Is Medical Assistance to Terrorists Protected Under IHL?

Lawfare Archive: A Band-Aid for a Bomber: Is Medical Assistance to Terrorists Protected Under IHL?

From September 12, 2015: On this week’s Lawfare Podcast, Benjamin Wittes sits down with Professor Gabriella Blum, professor at Harvard Law School, and Dustin Lewis, a senior researcher at Harvard Law Schools’ Program on International Law and Armed Conflict, to discuss their new report written with Naz Modirzadeh entitled Medical Care in Armed Conflict: IHL and State Responses to Terrorism. The conversation takes a look at whether we should consider medical care a form of illegitimate support to terrorists. Their argument? We shouldn't, because IHL lays down extensive protections for medical care, and those protections in many instances should also constrain domestic material support cases. Yet the authors make clear that in their view, there's also more to be done, as there are gaps and weaknesses in the protections afforded by IHL itself.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Episodios

Lawfare Archive: A Band-Aid for a Bomber: Is Medical Assistance to Terrorists Protected Under IHL?

Lawfare Archive: A Band-Aid for a Bomber: Is Medical Assistance to Terrorists Protected Under IHL?

From September 12, 2015: On this week’s Lawfare Podcast, Benjamin Wittes sits down with Professor Gabriella Blum, professor at Harvard Law School, and Dustin Lewis, a senior researcher at Harvard Law Schools’ Program on International Law and Armed Conflict, to discuss their new report written with Naz Modirzadeh entitled Medical Care in Armed Conflict: IHL and State Responses to Terrorism. The conversation takes a look at whether we should consider medical care a form of illegitimate support to terrorists. Their argument? We shouldn't, because IHL lays down extensive protections for medical care, and those protections in many instances should also constrain domestic material support cases. Yet the authors make clear that in their view, there's also more to be done, as there are gaps and weaknesses in the protections afforded by IHL itself.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Lawfare Archive: After Trump, Episode 4: Prosecuting a President

Lawfare Archive: After Trump, Episode 4: Prosecuting a President

From May 3, 2021: In the fourth episode of “After Trump,” the six-part limited podcast series based on the book, "After Trump: Reconstructing the Presidency," by Bob Bauer and Jack Goldsmith, we explore how and when a president is held to account for wild and sometimes criminal behavior.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Trump Trials and Tribulations: N.Y. Trial Dispatch (May 10, 2024)

Trump Trials and Tribulations: N.Y. Trial Dispatch (May 10, 2024)

It's Trump's Trials and Tribulations, New York Trial Dispatch, May 10. Roger Parloff sat down with Benjamin Wittes, Anna Bower, and Business Insider's Jacob Shamsian to discuss what happened in the courtroom today.The podcast was edited by Noam Osband 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 Daily: David Pozen on ‘The Constitution of the War on Drugs’

Lawfare Daily: David Pozen on ‘The Constitution of the War on Drugs’

David Pozen is the Charles Keller Beekman Professor of Law at Columbia Law School and the author of the new book, “The Constitution of the War on Drugs,” which examines the relationship between the Constitution and drug prohibitions. He joined Jack Goldsmith to talk about the constitutional history of the war on drugs and why the drug war was not curbed by constitutional doctrines about personal autonomy, limits on the federal government’s power, the Equal Protection Clause, or the prohibition on cruel and unusual punishment. They also talked about whether the political process is working with advancing decriminalization and how this impacts the constitutional dimension of the drug war.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.

Trump Trials and Tribulations: N.Y. Trial Dispatch (May 9, 2024)

Trump Trials and Tribulations: N.Y. Trial Dispatch (May 9, 2024)

It's Trump's Trials and Tribulations, New York Trial Dispatch, May 9. Roger Parloff sat down with Tyler McBrien, Benjamin Wittes, and Claire Meynial to discuss what happened in the courtroom today.The podcast was edited by Noam Osband 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.

Rational Security: The “B- B-Roll” Edition

Rational Security: The “B- B-Roll” Edition

This week, Alan, Quinta, and Scott were joined by Lawfare’s Fellow in Technology Policy and Law Eugenia Lostri, to to hash through the week’s big national security news, including:“Digital Solid Parody.” The Biden administration is making major moves when it comes to emerging technologies, with Secretary of State Antony Blinken rolling out a new multilateral strategy for “digital solidarity” this week at the annual RSA cybersecurity conference, among other actions. What is new about what the Biden administration is doing? And where will it lead? “Avengers’ Endgame.” Israeli military operations in Gaza may be entering a final stage, as forces may have begun an assault on Rafah—one that U.S. policymakers have warned against, as it could harm the countless Gazan civilians that have sought refuge there. Will this be a breaking point for U.S. support for Israeli military operations? And how will it impact ongoing ceasefire negotiations?“Stomp and Circumstance.” College campuses around the country are at a standstill due to student protests over U.S. support for the war in Gaza. Some universities have agreed to consider student demands, including divestment, while others have worked with local law enforcement to arrest protesters and break up encampments. How should universities (and the Biden administration) be responding?For object lessons, Alan endorsed the new period miniseries Fellow Travelers. Lacking any Menendez updates, Quinta broadened her beat to cover the new indictment of Rep. Henry Cuellar (D-TX). Scott sang the praises of a childhood classic he and his son have rediscovered, James Gurney’s “Dinotopia.” And Eugenia celebrated the early look at retirement provided by one of her favorite video games, Sims 4.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.

Lawfare Daily: Trump Trials and Tribulations Weekly Round-up (May 8, 2024)

Lawfare Daily: Trump Trials and Tribulations Weekly Round-up (May 8, 2024)

This episode of “Trump's Trials and Tribulations,” was recorded on May 8 in front of a live audience on YouTube and Zoom. Lawfare Editor-in-Chief Benjamin Wittes talked to Lawfare Senior Editor Roger Parloff, Managing Editor Tyler McBrien, and Legal Fellow and Courts Correspondent Anna Bower about Judge Cannon’s order suspending the trial start date of May 20 in the classified documents case, the Georgia Court of Appeals decision to hear former President Trump and his co-defendants’ appeal of Judge McAfee’s decision keeping DA Fani Willis on the case, and more. And of course they took audience questions from Lawfare Material Supporters on Zoom.To be able to submit questions to the panelists and 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.The podcast was edited by Noam Osband 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 Daily: Juliette Kayyem on the New Critical Infrastructure Memo

Lawfare Daily: Juliette Kayyem on the New Critical Infrastructure Memo

The White House on April 30 released a “National Security Memorandum on Critical Infrastructure Security and Resilience.” According to the White House, the memo marks the beginning of a new comprehensive initiative to safeguard U.S. infrastructure against current threats and those on the horizon. The Department of Homeland Security is tasked with leading this effort—through coordination with other federal agencies, states and localities, and private-sector actors.Lawfare Research Fellow Matt Gluck discussed the memo and what it reveals about the U.S. strategy for protecting its critical infrastructure with Juliette Kayyem, a Professor of International Security at the Harvard Kennedy School. What does it mean to share responsibility and information in this context? How does geopolitics affect the United States’ approach to protecting critical infrastructure? Which types of infrastructure are more closely tied to national security than others?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.

Trump Trials and Tribulations: N.Y. Trial Dispatch (May 7, 2024)

Trump Trials and Tribulations: N.Y. Trial Dispatch (May 7, 2024)

It's Trump's Trials and Tribulations, New York Trial Dispatch, May 7. Roger Parloff sat down with Tyler McBrien, Benjamin Wittes, and Claire Meynial to discuss what happened in the courtroom today.The podcast was edited by Noam Osband 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.

Chatter: Phantom Orbit with Journalist David Ignatius

Chatter: Phantom Orbit with Journalist David Ignatius

David Ignatius has worked at the Washington Post for more than 35 years in various roles and won many awards. He has written a column on foreign affairs for 25 years and reported some of the most significant national security stories over the last couple of decades. And he has done it while pumping out best-selling spy thrillers.Lawfare Research fellow Matt Gluck spoke with Ignatius about his newest spy thriller, Phantom Orbit, which is a story of intelligence and the advance of space technology in the age of intensified geopolitical competition between the U.S., China, and Russia. They spoke about Ignatius’s character development in the book, what the book reveals about the new strategic space race, gender in the Central Intelligence Agency, and scientific discovery, among other things.For more about David:His book “Phantom Orbit”David’s Twitter PageChatter 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.

Lawfare Daily: Wargaming’s Past, Present, and Future with Andrew Reddie

Lawfare Daily: Wargaming’s Past, Present, and Future with Andrew Reddie

Andrew Reddie is an Associate Research Professor of Public Policy at the University of California, Berkeley, and the founder and faculty director of the Berkeley Risk and Security Lab. Lawfare Managing Editor Tyler McBrien spoke with Andrew about wargaming as a tool to manage risk from war to climate—and beyond.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.

Trump Trials and Tribulations: N.Y. Trial Dispatch (May 6, 2024)

Trump Trials and Tribulations: N.Y. Trial Dispatch (May 6, 2024)

It's Trump's Trials and Tribulations, New York Trial Dispatch, May 6. Roger Parloff sat down with Tyler McBrien, Benjamin Wittes, and Anna Bower to discuss what happened in the courtroom today.The podcast was edited by Noam Osband 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 Daily: Benjamin Wittes on Israel, Gaza, and Implications for U.S. Foreign and Domestic Policy

Hace una semana

Lawfare Daily: Benjamin Wittes on Israel, Gaza, and Implications for U.S. Foreign and Domestic Policy

On April 24, Lawfare Editor-in-Chief Benjamin Wittes delivered a Watson Distinguished Lecture at the Watson Institute for International and Public Affairs at Brown University to discuss the Israel-Gaza war and the implications for U.S. foreign and domestic policy. He talked about Israel’s incompatible objectives of freeing hostages and eradicating Hamas, the moral context of the war, U.S.-Israeli relations in this context, what the U.S. and Israel still have in common—and what they no longer have in common—in this environment, and how the war could affect U.S. presidential elections.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.

Lawfare Archive: Alex Vindman on the Escalation in Ukraine

Lawfare Archive: Alex Vindman on the Escalation in Ukraine

From April 9, 2021: Tensions are heating up between Russia and Ukraine, seven years after the seizure by the Russians of the Crimean Peninsula and the incursions into Eastern Ukraine. With troop movements and some saber rattling, is Vladimir Putin trying to send a message to Joe Biden, or perhaps to Ukrainian President Zelensky? Is he trying to satisfy domestic constituencies or distract them? Benjamin Wittes sat down with Alexander Vindman to talk about what Russia is doing and why, and what the Biden administration should do about 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.

Lawfare Archive: Natan Sachs on Bibi's Big Day in Washington

Lawfare Archive: Natan Sachs on Bibi's Big Day in Washington

From March 7, 2015: This week, Israel's Prime Minister Benjamin Netanyahu delivered a controversial address to a joint session of Congress in a move not coordinated with President Barack Obama. The speech, repeatedly interrupted by thunderous applause, focused on the nature of the developing nuclear accord between the P5+1 and Iran and insisted a better deal was possible. The speech was also heavily colored by its proximity to the upcoming Israeli elections, with many Israel watchers wondering whether it was meant to play more to Israeli voters than to Congress. Just after Netanyahu's address, we invited Brookings Fellow Natan Sachs into the Lawfare studios to unpack the speech, including what it means for the US-Israeli relationship, the ongoing nuclear talks with Iran, and Bibi's chances in the upcoming election.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.

Trump Trials and Tribulations: N.Y. Trial Dispatch (May 3, 2024)

Trump Trials and Tribulations: N.Y. Trial Dispatch (May 3, 2024)

It's Trump's Trials and Tribulations, New York Trial Dispatch, May 3. 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.

Lawfare Daily: Domestic Deployment of the National Guard

Lawfare Daily: Domestic Deployment of the National Guard

Over the past several years, governors around the country from both political parties have used their respective National Guards for an increasingly unconventional array of domestic missions, ranging from teaching in public schools to regulating immigration at the southern border. To discuss how this trend may impact the National Guard—and our broader democracy, particularly in this pivotal election year—Lawfare Senior Editor Scott R. Anderson recently sat down with a panel of senior former National Guard and Defense Department officials, including: General Craig McKinley, General Joseph Lengyel, Brigadier General Allyson Solomon, Major General Daryl Bohac, and former Assistant Secretary of Defense Dr. Paul Stockton. A video recording of the panel is available at https://www.brookings.edu/events/domestic-deployment-of-the-national-guard/. 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.

Trump Trials and Tribulations: N.Y. Trial Dispatch (May 2, 2024)

Trump Trials and Tribulations: N.Y. Trial Dispatch (May 2, 2024)

It's Trump's Trials and Tribulations, New York Trial Dispatch, May 2. 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.

Rational Security: The “RatSecapella” Edition

Rational Security: The “RatSecapella” Edition

This week, Alan, Quinta, and Scott were joined by Lawfare Contributing Editor Eric Ciaramella to talk through the week’s big natsec stories, including:“Not Done Nyet.” U.S. foreign assistance is finally on its way to Ukraine, along with additional support from European allies. But will it be enough to solidify or advance the beleaguered Ukrainian military’s position? What is the state of the conflict and how does it look set to move forward?“Official Tracts.” Last week, the Supreme Court heard wide-ranging arguments in Trump v. United States, the appeal of Trump’s criminal prosecution for events related to Jan. 6 considering his far-reaching claims of presidential immunity. Several of the justices seemed quite committed to weighing in on where the lines of immunity should be drawn (even if few seemed to think they were relevant in this particular case), but there was far less consensus on the actual limits. Where is the Court headed and what will it mean for Trump’s prosecution? “Live and Let Modi.” The Washington Post has broken a major story suggesting that the United States inadvertently disrupted a plot by Indian intelligence to assassinate a Sikh dissident (and U.S. national) on U.S. territory. What will this major breach of sovereignty mean for the budding U.S.-India alliance? And how should the Biden administration manage it?For object lessons, Alan got on the Amor Towles admiration train and endorsed both his book “A Gentleman in Moscow” and the forthcoming TV adaptation. Quinta recommended the classic 2003 journalism period piece “Shattered Glass.” Scott log-rolled for a forthcoming project by our friends at Goat Rodeo and Project Brazen: Fur and Loathing, which looks at one of the most significant chemical weapons attacks in U.S. history, which took place at a 2014 convention for furries. And Eric shared a cultural lesson his Italian friend impressed upon him about the impropriety of drinking a cappuccino after 11:00am.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.

Trump Trials and Tribulations: Weekly Round-Up (May 1, 2024)

Trump Trials and Tribulations: Weekly Round-Up (May 1, 2024)

It's another episode of “Trump's Trials and Tribulations,” recorded on May 1 in front of a live audience on YouTube and Zoom.Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Legal Fellow Anna Bower and Lawfare Senior Editors Roger Parloff and Quinta Jurecic to talk about state-level prosecutions of "fake electors," what Judge Cannon is up to in the classified documents case, and what has happened in the New York hush money and election interference trial so far. And of course, they took audience questions from Lawfare Material Supporters on Riverside. To receive ad-free podcasts and to be able to submit questions 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.