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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.
 
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Lawfare founder Bobby Chesney and Lawfare contributing editor Steve Vladeck host the weekly National Security Law Podcast from the University of Texas Law School, a discussion of current national security law developments. In their most recent episode, Bobby and Steve discuss a range of topics that we thought would be of interest to listeners, so w…
 
On Wednesday, the Senate Homeland Security Committee and the Senate Rules Committee held their second hearing to examine the January 6 attack on the Capitol. What explains the delay in deploying National Guard troops? What reforms are the agencies planning to implement in order to better handle the threat posed by domestic extremist violence and wh…
 
On this episode of Arbiters of Truth, the Lawfare Podcast’s miniseries on disinformation and misinformation, Evelyn Douek and Quinta Jurecic spoke with Emily Bell, the founding director of the Tow Center for Digital Journalism at Columbia Journalism School. Emily testified before Congress last week about the role of legacy media, and cable news in …
 
FBI Director Christopher A. Wray faced the Senate Judiciary Committee on Tuesday to talk about the January 6 riot and insurrection. The hearing covered whether the FBI had intelligence that the riot was planned for January 6 and how it communicated what it knew to the Capitol Police and the Metropolitan Police, as well as topics from SolarWinds to …
 
Many scholars have written about the police, but almost all have done so from the outside. Rosa Brooks, a law professor at Georgetown University, is one of the few exceptions. In 2016, Brooks—already a successful scholar of national security law and a former official in the Department of Defense—joined Washington, D.C.'s volunteer Police Reserve Co…
 
The United States hit targets in Syria associated with two Iraqi militias last week in the first military operations of the Biden administration. To catch up on the situation on the ground in Iraq, Benjamin Wittes sat down on Lawfare Live with Lawfare senior editor Scott Anderson, who served in the embassy in Iraq, and Marsin Alshamary, a postdocto…
 
Section 230 of the Communications Decency Act of 1996 immunizes platforms for the behavior of their users. It's been called by some the Magna Carta of the internet—but how foundational is it? Mary Anne Franks, a professor of law and Dean's Distinguished Scholar at the University of Miami, thinks that Section 230 is indeed a cornerstone of the moder…
 
This week on Lawfare's Arbiters of Truth miniseries on disinformation and misinformation, Evelyn Douek and Quinta Jurecic spoke with Rasmus Kleis Nielsen, the director of the Reuters Institute and professor of political communication at the University of Oxford, about the fight between Australia and Facebook. After Australia proposed a law that wou…
 
Attorney General nominee Merrick Garland faced the Senate Judiciary Committee on Monday for a multi-hour session of questions and answers from senators. There were opening statements, there was a lot of speechifying, and there was posturing on the part of senators of both parties. We stripped it all out to bring you just the questions and the answe…
 
For more than a week now, Texas has been struggling with a massive power outage caused by record low temperatures. Millions have been without power, heat and running water, and at least dozens have been confirmed to have died as a result. All states are confronting extreme weather, but Texas is unique in that its electricity is almost completely in…
 
David Hoffman is associate general counsel and global privacy officer for the Intel Corporation, as well as the Steed Family Professor of Practice in Cybersecurity Policy for Duke's Sanford School of Public Policy. He invited Benjamin Wittes to give a talk to a group of students about trust and technology development in which they discussed what th…
 
On February 1, Myanmar's military overthrew the country's democratically elected government in a coup and declared a state of emergency for a year. It returns Myanmar to full military rule after nearly a decade of quasi-democracy that began in 2011. The coup came just hours before the start of a new session of Parliament, which was expected to endo…
 
Right now in India, there’s a legal battle that could portend the future of the internet. In this episode of Arbiters of Truth, Lawfare’s miniseries on disinformation and misinformation, Evelyn Douek and Quinta Jurecic talked to Chinmayi Arun, a resident fellow at the Information Society Project at Yale Law School and an affiliate of the Berkman Kl…
 
The second impeachment trial of Donald J. Trump is now over. It ended with a roar and then a whimper, and then a little bit of a roar again, as seven Republicans joined all of the Democrats to convict the former president. It wasn't enough, as the Senate needed 67 votes to convict and it only had 57, but it made a statement of sorts—or did it? To d…
 
The Biden administration has promised significant changes to the U.S. relationship with Iran that could have a marked impact on the Middle East. What is the likelihood that this new administration will be successful? And how will other regional developments—from the Abraham Accords between Israel and a few Arab states, to the healing of the rift wi…
 
Lost in the shuffle of an impeachment trial here in the United States was big news from Canada last week. Canada’s Minister of Public Safety added the Proud Boys to Canada’s terror entity list. The listing might be in Canada, but the group had a role in the January 6 storming of the U.S. Capitol. The listing has all sorts of interesting legal and n…
 
On this episode of Arbiters of Truth, Lawfare’s miniseries on disinformation and misinformation, Evelyn Douek and Quinta Jurecic spoke with Ben Smith, media columnist for the New York Times and former editor-in-chief of BuzzFeed News. Ben spends a lot of time thinking and writing about the gatekeepers who hold the power to shape our public sphere. …
 
While we have been dealing with an insurrection in Washington, protestors in Hong Kong are being tried under the city's new Beijing-imposed national security law. For an update on what's going on in Hong Kong and in its relationship with China, Benjamin Wittes sat down with Sophia Yan, Beijing correspondent for The Telegraph in London, and Alvin Ch…
 
George Shultz passed away on February 6, just two months after passing his 100th birthday. He was a momentous and fascinating national security figure who has quite a legacy within national defense, foreign policy and even management circles in the federal government. To talk about his legacy and what made him such a special senior government leade…
 
The Senate impeachment trial of Donald Trump—the sequel—gets underway this week when the House impeachment managers and Trump's new defense team spar on the Senate floor under the gavel of Senator Patrick Leahy. What should we expect from this second round of impeachment trial? For a preview, Benjamin Wittes sat down with Molly Reynolds, Lawfare's …
 
Some countries don't just abuse their citizens within their own borders; increasingly, they target individuals after they have gone abroad. A range of nefarious acts play a role here, and together they make up a phenomenon called transnational repression. Nate Schenkkan, the director of research strategy at Freedom House, and Isabel Linzer, Freedom…
 
On this episode of Arbiters of Truth, Lawfare’s miniseries on disinformation and misinformation, Quinta Jurecic sat down with Lawfare’s deputy managing editor Jacob Schulz, and Jordan Schneider, host of the ChinaTalk podcast, to talk about Substack. The newsletter service is the new cool thing in the journalism world—and, like any newly popular onl…
 
There is an impeachment trial next week, and the two sides—the impeachment managers for the House of Representatives and the lawyers for the former president of the United States—filed their briefs before the Senate. The briefs could not be more different. One is long, legally dense and factually rich; the other is short—a mere 14 pages—and contain…
 
It was the second weekend of major protests in Russia, as Russians across the country took to the streets to protest the detention of Alexei Navalny. In a major show of force, the police rounded up a very large number of people and there were a number of beatings. To bring us up to speed on the situation in Russia, Benjamin Wittes sat down with Ali…
 
On January 27, the Department of Homeland Security issued an unusual National Terrorism Advisory System bulletin—unusual because it addressed solely the heightened threat environment of violence from domestic violent extremists, with no mention of foreign terrorist organizations or even the word terrorism. It's a striking document both for what it …
 
Yesterday was a big day—the day that the Facebook Oversight Board released its first decisions. The independent board, an experiment in platform governance set up by Facebook, handed down five rulings weighing in on the company’s decision to remove various posts for violating Facebook’s community guidelines. It may not be Marbury v. Madison, but it…
 
For this episode of Arbiters of Truth, Lawfare’s miniseries on disinformation and misinformation, Kate Klonick and Quinta Jurecic spoke with Joan Donovan, the research director at the Shorenstein Center on Media, Politics and Public Policy at the Harvard Kennedy School. Her work focuses on networked social movements, disinformation and media manipu…
 
David Kris sat down with David Hatch, the senior historian at the U.S. National Security Agency. They discussed Project VENONA, an incredibly significant intelligence program involving encrypted Soviet messages that began during World War II and went on for many years thereafter. It's a story full of unusual events and interesting lessons about int…
 
Jack Goldsmith sat down with Michael McConnell, the Richard and Frances Mallery Professor and director of the Constitutional Law Center at Stanford Law School, a senior fellow at the Hoover Institution and the author of the new book, "The President Who Would Not Be King: Executive Power Under the Constitution." They discussed McConnell's textual hi…
 
The day before last week's inauguration of President Joe Biden, four of the Biden administration's core national security nominees appeared before various Senate committees for their confirmation hearings. Avril Haines, Biden's nominee for Director of National Intelligence, appeared before the Senate Select Committee on Intelligence; Alejandro Mayo…
 
It was supposed to be the big sequel to the January 6 "Stop the Steal" rally-turned-riot. It was supposed to be the largest armed protest in the history of the United States, taking place in all 50 state capitals. And yet, Inauguration Day turned out to be peaceful. Protesters were few; acts of violence were even fewer. It's a major counterterroris…
 
During his inaugural address yesterday, President Biden spoke about the subject of this podcast: disinformation. “There is truth and there are lies,” Biden said, “lies told for power and for profit.” And he asked Americans to unify rather than “turn inward” against those “who don't get their news from the same sources you do.” But in an era of QAno…
 
Private entities—in particular, technology giants like internet service providers, email services and social networks—play a vital role in helping law enforcement fight child pornography online. But the involvement of private entities does not eliminate the Fourth Amendment issues that come with electronic surveillance. In fact, the more the privat…
 
In the wake of the January 6 mob attack on the Capitol, some have called for the invocation of Section 3 of the 14th Amendment. Section 3 disqualifies anyone who has engaged in rebellion or insurrection against United States from public office. In particular, critics of President Trump have seized on this as a potential way of preventing him from r…
 
The NSA this week released a long-awaited update to its signals intelligence policy, which had not been updated since 1988. David Kris, former assistant attorney general for the National Security Division, shortly thereafter produced an even longer paper analyzing the dense and technical policy document. David joined Benjamin Wittes to talk about t…
 
Yesterday, January 13, the House of Representatives impeached President Trump a second time for encouraging the violent riot in the Capitol Building on January 6. And yet, the impeachment is probably less of a crushing blow to the president than something else that’s happened in recent days: the loss of his Twitter account. After a few very eventfu…
 
Jack Goldsmith sat down with Brian Kalt, a law professor at Michigan State University, to talk about an important issue in the news this week: late impeachments. In the current context, the issue of a late impeachment would arise if the House of Representatives impeaches President Trump before he leaves office but the Senate does not hold the trial…
 
Donald Trump is headed for a second impeachment, a whole lot of people have been charged in federal and local courts in Washington, and an even larger number are probably about to be. What's more, the president's social media accounts have vanished; in fact, one of the very networks on which the president's supporters organized has itself disappear…
 
Jamie Gorelick was the deputy attorney general under President Bill Clinton and Attorney General Janet Reno. In that capacity, she hired as her top aide and adjutant one Merrick Garland. This was before Garland became a D.C. Circuit judge, but it was a fateful period for the department, a period in which Garland supervised some high-profile cases, …
 
The storming of the Capitol on Wednesday was a catastrophic failure of protective law enforcement, as rioters overran Capitol Police barricades and gained access to a building that a lot of police were supposed to be protecting. How did it happen? Who screwed up? And what can be done about it? Benjamin Wittes sat down with Fred Burton, the executiv…
 
Today a mob of Trump supporters stormed the Capitol following a rally at which the president spoke. Congressional efforts to count the electoral votes were suspended, and an armed standoff, in which at least one person was killed, ensued. To discuss the matter, Benjamin Wittes sat down with Lawfare managing editor Quinta Jurecic; Lawfare chief oper…
 
It is electoral count voting day, and members of Congress in a joint session will open and count the electoral votes and declare Joe Biden and Kamala Harris the winners of the election. It will not be without controversy, however, as members from both houses plan to object, forcing debate, and as the Proud Boys descend on Washington. In anticipatio…
 
Jack Goldsmith sat down with Margaret Love, the United States Pardon Attorney in the Justice Department from 1990 to 1997. They discussed Donald Trump's very controversial pattern of pardons and commutations, Trump's circumvention of the traditional pardon attorney process and the historical operation of that process prior to Trump. They also discu…
 
Alexander Vindman sat down with Dr. Geoffrey Gresh to discuss his new book, "To Rule Eurasia's Waves: The New Great Power Competition at Sea." Dr. Gresh is a professor of International Security Studies at the College of International Security Affairs (CISA) at the National Defense University in Washington D.C., with a primary research focus on mari…
 
It is the last podcast of the year, and we are giving 2020 an appropriate send-off. Benjamin Wittes sat down with Lawfare executive editor Susan Hennessey, managing editor Quinta Jurecic, senior editor Scott Anderson, and Lawfare contributor and law professor Alan Rozenshtein to talk about the worst stories of the year, as well as their expectation…
 
Bob Bauer is a former White House counsel, and he has been leading the legal response for the Biden campaign and transition to the unprecedented onslaught of efforts on the part of the president to overturn the 2020 election. He also recently wrote a piece for Lawfare on the current occupant of the White House counsel's office, Pat Cipollone, and h…
 
It's the end of the year, and that means we opened the phones for the annual "Ask Us Anything" edition. You called in with your questions, which we routed to Lawfare contributors for their answers. Benjamin Wittes, Molly Reynolds, Steve Vladeck, David Priess, Susan Hennessey, Scott Anderson, Judd Devermont and Rohini Kurup responded to questions on…
 
It’s not something that has gotten a lot of attention amid a busy U.S. news cycle, but much has been happening in Ethiopia over the past two months. Prime Minister Abiy Ahmed, who just last year won the Nobel Peace Prize for his efforts to bring unity between Ethiopia and neighboring Eritrea, led a military battle against domestic forces in the nor…
 
In the early months of the COVID-19 pandemic, digital technology was touted as a potential savior. In particular, there was a burst of enthusiasm around so-called digital contact tracing apps, which would track people's movements and interactions and notify them if they had been exposed to COVID. Apple and Google, which together control the operati…
 
The United Kingdom of Great Britain and Northern Ireland has been conducting and regulating signals intelligence, SIGINT, since before the United States was born. To talk about how they do it across the pond, David Kris sat down with two experts on UK SIGINT and SIGINT regulation: Michael Drury and Tony Comer, both veterans of Government Communicat…
 
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