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Special Edition: Comey Versus the Senate Intelligence Committee with No Bull
9 juni 2017 · 1 uur 17 min
In much-anticipated testimony today, former FBI Director James Comey spoke before the Senate Intelligence Committee on the subject of his many interactions with President Donald Trump prior to his dismissal. The testimony took up a tight three hours, but there were still plenty of repetitions and instances in which the former director was unable to answer questions in an open session. To save you from all that, we at Lawfare are providing you with a bare-bones, just-the-facts version of Comey's testimony today. It's the distilled version of what we've all been waiting to hear. Lees meer
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Matt Olsen on the Future of Section 702
3 juni 2017 · 54 min
With the impending sunset of Section 702 of the Foreign Intelligence Surveillance Act in December 2017, debate is heating up over how the crucial intelligence-gathering provision will be reauthorized by Congress—and even if it will be reauthorized at all. At the Hoover Institution, Benjamin Wittes sat down with former Director of the National Counterterrorism Center Matt Olsen to talk about the intelligence community's perspective on 702 and what lies ahead for it in these turbulent times. Lees meer
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Special Edition: The Kushnercast
31 mei 2017 · 47 min
Just before the holiday weekend, as you were drifting out of town, the Washington Post dropped its 15 kiloton Kushner bomb. Over the weekend, the New York Times piled on, and by the time we got here this morning, there was only one thing to do: A special edition of the podcast. Lees meer
Carrie Cordero, Susan Hennessey, and Benjamin Wittes talked through the details of the latest bizarro revelations about the attempted secret back channel between the Trump transition and the Russians, using Russian diplomatic technical means.
If you'd like to read Carrie's Lawfare post on the Kushner story, you can find it here.
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Bob Bauer on Trump and the White House Counsel
27 mei 2017 · 50 min
Amidst the hurricane of news coming out of the White House in recent weeks, one question has surfaced again and again: why isn't White House Counsel Don McGahn stopping Donald Trump from doing all this? This week on the podcast, Benjamin Wittes sat down with Bob Bauer, former White House Counsel for Barack Obama, to talk about the Office of the White House Counsel and how President Trump can and can't be restrained. Lees meer
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Mira Rapp-Hooper on the Slow-Motion Crisis in North Korea
20 mei 2017 · 42 min
It's been a long and stressful week on the domestic front, so we at the Lawfare Podcast are bringing you a podcast on a cheerier subject: the looming crisis on the Korean Peninsula. Benjamin Wittes sat down with Mira Rapp-Hooper, Senior Fellow with the Asia-Pacific Security Program at the Center for a New American Security, to chat about the recent series of escalating North Korean missile tests and the crisis we're all being distracted from. Lees meer
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Special Edition: Mukasey and Eggleston at the Federalist Society
18 mei 2017 · 1 uur 28 min
It has been, to put it mildly, a busy week. So perhaps we shouldn't be surprised that when Benjamin Wittes sat down with former attorney general to President George W. Bush Michael Mukasey and former Obama White House Counsel Neil Eggleston this morning at a Federalist Society panel on the unitary executive, Mukasey and Eggleston made some news of their own—pointedly criticizing the Trump White House's recent handling of the Russia investigation and the dismissal of FBI Director James Comey. Now we're bringing you audio of the panel on a special edition of the Lawfare Podcast, featuring Mukasey and Eggleston's expert thoughts on recent news events as well as their considerations of the state of the unitary executive. Lees meer
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Emergency Edition: Trump Gives Classified Material to the Russians
16 mei 2017 · 33 min
This afternoon, the Washington Post broke a major story: Donald Trump disclosed highly classified material to the Russian ambassador and Foreign Minister in the Oval Office last week, compromising a highly sensitive counterterrorism program run by an allied intelligence service. This evening, we got former DNI General Counsel Robert Litt on the line for a discussion with Susan Hennessey and Benjamin Wittes of the latest mess. Litt helped coordinate and manage the intelligence community's response to the Edward Snowden revelations, so he knows a little something about responding to massive intelligence disclosures. We talked about how bad the disclosure may be, what the remedies for it are, and what we still don't know. Lees meer
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The Rise of America’s Special Operations Forces
13 mei 2017 · 37 min
It’s been a long week, so after our special emergency edition on the firing of FBI Director James Comey, the Lawfare Podcast is coming to your rescue with an episode that has nothing at all to do with the crisis at the FBI. Instead, take a listen to Jack Goldsmith’s interview of Mark Moyar at the Hoover Book Soiree about Moyar’s new book, Oppose Any Foe: The Rise of America’s Special Operations Forces. The conversation delves into the history of special operations forces and how they’ve been used and misused over time. Lees meer
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Emergency Edition on FBI Director Comey's Firing
10 mei 2017 · 35 min
The sound quality is, well, substandard, and we apologize for that. But people on Twitter were asking for an emergency podcast on FBI Director James Comey's firing today, and we put together an incredible group to discuss the day's events. In a recorded conference call this evening, we heard from—in addition to the two of us—Jack Goldmith, who knows a little something about confrontations between the White House and Justice Department officials; Carrie Cordero, who knows a little something about national security investigations (having served at NSD for years); and Paul Rosenzweig, who knows a little something about special prosecutor investigations (having served under Independent Counsel Kenneth Starr). By the time you listen to this, it may be out of date, but we're confident it's the best discussion you'll hear on the subject tonight. Lees meer
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A House Divided
6 mei 2017 · 55 min
Three months into the Trump presidency, where does the relationship between the President and the intelligence community stand? Donald Trump is no longer quite so regularly combative in his tweets and public comments about the various intelligence agencies, but the White House-intelligence community relationship is still far from normal under this very unusual presidency. Here to ponder the question are former NSA and CIA director General Michael Hayden, former acting and deputy director of CIA John McLaughlin, and former deputy national security advisor for combating terrorism Juan Zarate, who spoke with the Washington Post’s David Ignatius in a recent event at the Aspen Institute. Lees meer
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Privacy & Power: A Transatlantic Dialogue in the Shadow of the NSA-Affair
29 april 2017 · 56 min
Four years on, the cultural differences between Europe and the United States exposed by Edward Snowden’s disclosures of NSA surveillance programs still loom large in transatlantic relations. At our most recent Hoover Book Soiree, Benjamin Wittes sat down with Russell Miller—editor of a new volume on Privacy and Power: A Transatlantic Dialogue in the Shadow of the NSA-Affair— and Ralf Poscher—who, along with Ben, contributed a chapter to the book—to chat about privacy and surveillance oversight post-Snowden. Lees meer
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The Lawfare Podcast: A Speech on Sextortion by Mona Sedky
22 april 2017 · 51 min
Over the past year, Lawfare has expended a great deal of ink on the problem of sextortion, a form of online sexual assault in which perpetrators obtain explicit images or video of their victims and use those images to extort further explicit content. We even brought Mona Sedky, a Justice Department prosecutor who focuses on sextortion cases, onto the podcast to discuss her work. Now, we’re pleased to feature Mona on the podcast once again with audio of her talk last week at George Washington University Law School on prosecuting sextortion. Lees meer
If you’re interested in reading our Brookings Institution reports on sextortion, you can find them here and here.
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Cyber Insecurity
15 april 2017 · 46 min
As our dependence on cyberspace increases, so too will the urgency of crafting good cybersecurity policy—but the combination of knotty problems in the realms of both technology and law often makes these issues particularly difficult to iron out. In this episode of the podcast, Susan Hennessey sits down with Trey Herr, Fellow with the Belfer Center's Cyber Security Project at the Harvard Kennedy School; Jane Chong, Deputy Managing Editor of Lawfare and National Security and Law Associate at the Hoover Institution; and Robert M. Lee, nonresident national cybersecurity fellow at New America, to chat about a new book on the subject: Cyber Insecurity: Navigating the Perils of the Next Information Age. Co-edited by Trey and Richard Harrison, Director of Operations and Defense Technology Programs at the American Foreign Policy Council, and with chapters by Jane and Robert, the book seeks provides a practitioner's roadmap to cybersecurity policy. Lees meer
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The Triple Entente Beer Summit
8 april 2017 · 1 uur 14 min
At the Third Triple Entente Beer Summit, the usual Rational Security gang (Shane Harris, Benjamin Wittes, Tamara Cofman Wittes, and Susan Hennessey) joins up with Stewart Baker and Michael Vatis of the Steptoe Cyberlaw Podcast to discuss airstrikes in Syria, the misadventures of Devin Nunes, and Steve Bannon's ouster from the National Security Council. Plus, in Object Lessons, Stewart recommends Secondhand Time by Svetlana Alexievich and Shane does some sleuthing. Lees meer
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Special Emergency Edition: A (Shorter) Primer in Russian Active Measures and Influence Campaigns
5 april 2017 · 2 uur
On Friday, March 31st, the Senate Select Committee on Intelligence held its first open hearing in its investigation into Russian interference in the U.S. election on "Disinformation: A Primer in Russian Active Measures and Influence Campaigns." The experts before the committee, including Eugene Rumer, Roy Godson, Clint Watts, Kevin Mandia, General Keith Alexander, and Thomas Rid, gave a useful rundown of the scope and mechanics of Russian influence. There's just one problem: their testimony ran five hours long. So once again, we've cut down the hearing to a snappy two hours, bringing you just the good parts. Lees meer
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Graeme Wood on "The Way of the Strangers"
31 maart 2017 · 1 uur
At this week's Hoover Book Soiree, Samuel Tadros of the Hudson Institute and the Hoover Institution sat down with Graeme Wood to discuss his new book, The Way of the Strangers: Encounters with the Islamic State. The book both situates ISIS within context of Islamic history and theology and chronicles Wood's meetings with ISIS supporters and sympathizers across the world in an effort to understand what's behind the group's pull. It's a useful complement to the news coming out of Iraq and Syria as we begin to consider what the future of ISIS will look like after the fall of Raqqa and Mosul. Lees meer
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Rep. Adam Schiff on the Role of Congress in Protecting Liberal Democracy
24 maart 2017 · 1 uur 4 min
Between leading the House Permanent Select Committee on Intelligence's first open hearing on Russian election interference on Monday, and sparring with HPSCI Chairman Rep. Devin Nunes over Nunes's odd escapades regarding possible incidental collection of communications of Trump associates, HPSCI Ranking Member Rep. Adam Schiff has had a busy week. On Tuesday, Lawfare and the Brookings Institution were pleased to host Rep. Schiff for an address on "The Role of Congress in Protecting Liberal Democracy." In conversation with Lawfare's Benjamin Wittes and Susan Hennessey, Rep. Schiff spelled out an ambitious legislative program and a vision for revitalizing the power of Congress under the Trump presidency. Lees meer
If you're interested in reading Rep. Schiff's remarks, Lawfare has published them here in article form.
On April 6th, Lawfare will be convening the third annual joint live podcast taping with Rational Security and the Steptoe Cyberlaw Podcast at the Triple Entente Beer Summit. Tickets are available here. We'd love to see you there!
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Special Emergency Edition: Comey and Rogers Versus the Comittee, the Good Parts Version
21 maart 2017 · 56 min
Yesterday, FBI Director James Comey and NSA Director Admiral Mike Rogers testified before the House Intelligence Committee on Russian interference in the U.S. election for an exhausting five and a half hours. They made a lot of news, but there were also a lot of refusals to comment and speeches made by members of the Committee. So we've cut down their testimony to less than an hour, giving you only what you need to know. Lees meer
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Cybersecurity in the Trump Administration
18 maart 2017 · 1 uur 33 min
President Donald Trump has pledged to end the defense sequester and make the development of defensive and offensive cyber capabilities a White House priority, but the contours of U.S. cyber policy under the new administration have yet to be set—in fact, the administration still hasn't released its much-heralded Executive Order on cybersecurity, though several drafts have been leaked. So what should we expect to see from the new administration regarding cybersecurity? Lees meer
To answer that question, we're bringing you audio from a conference hosted by Lawfare with the Hoover Institution in Washington and Intel Security and featuring a keynote address from Steve Grobman, Chief Technology Officer at Intel, along with a panel discussion on cybersecurity and Congress moderated by Carrie Johnson of NPR with Hill staffers including Brett DeWitt, Hope Goins, Allen Souza, Michael Bahar, and Brett Freedman.
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Jack Goldsmith and Matt Olsen on the Current State of National Security
11 maart 2017 · 39 min
This week on the podcast, Jack Goldsmith sat down with former Director of the National Counterterrorism Center Matt Olsen to talk about the current state of national security. What should we make of the president's tweeted allegations of politically motivated wiretapping? Of the revised executive order restricting entry into the United States from six majority-Muslim countries? Of the most recent release by Wikileaks? Of Trump's persistent attacks on the integrity of the intelligence community? Jack and Matt are here, if not to explain things, then at least to talk them through. Lees meer
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What Happens When We Don’t Believe the President’s Oath?
4 maart 2017 · 1 uur 2 min
Yesterday, Just Security and the Center on Law and Security at New York University School of Law hosted Benjamin Wittes for a conversation on a question he and I have posed about the path of the Trump presidency so far: what happens when we can’t take the president’s oath of office seriously? Lees meer
Ben’s talk focused on an essay by him and myself that went up on Lawfare simultaneously, in which we argued that the presidential oath—little discussed though it may be in constitutional jurisprudence and academic literature—is actually the glue that holds together many of our assumptions about how government functions. And when large enough numbers of people cause to doubt the sincerity of the president’s oath, those assumptions begin to crumble.
Many thanks to Ryan Goodman of Just Security and Zachary Goldman of the Center on Law and Security for putting together this event. Make sure to also read Ryan’s Just Security followup post on his post-talk discussion with Ben and the questions raised by our essay.
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Paul Lewis on Not Closing Guantanamo
24 februari 2017 · 41 min
Under the oversight of Paul Lewis, the Department of Defense’s Special Envoy for Guantanamo Closure under the Obama administration, the detainee population at Guantanamo Bay went from 164 to 41. But Guantanamo remains open, and the Trump administration has promised not only to halt any further transfers or releases of detainees, but also to possibly bring in more detainees in the future. Benjamin Wittes sat down with Paul to discuss his time as special envoy and what’s next for Guantanamo under President Trump. Lees meer
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Edward Jay Epstein on “How America Lost Its Secrets”
17 februari 2017 · 58 min
Amidst the chaos surrounding Michael Flynn’s departure as national security advisor and the slowly unspooling news story on the Trump team’s reported contacts with the Russian government, it’s worth taking a step back and remembering a previous political controversy involving the Kremlin: Edward Snowden’s asylum in Moscow. In his recent book How America Lost Its Secrets: Edward Snowden, the Man and the Theft, Epstein argues that Snowden was effectively acting as a Russian spy, though he believes it’s not clear when and to what extent Snowden came under Russian influence. Benjamin Wittes sat down with Epstein at the Hoover Book Soiree to chat about the book and discuss its more controversial elements. Lees meer
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Norm Eisen on the Emoluments Clause
11 februari 2017 · 39 min
Donald Trump's election as president brought a surge of interest in the previously obscure Emoluments Clause, which prohibits any “Person holding any Office of Profit or Trust under [the United States]” from accepting “any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.” Norm Eisen and Richard Painter, ethics experts for Presidents Barack Obama and George W. Bush, have been leading the charge to hold Trump accountable under the Emoluments Clause for his failure to divest of his businesses. Recently, they filed suit against him in their capacity as chair and vice-chair of the good government group Citizens for Responsibility and Ethics in Washington. Benjamin Wittes chats with Norm about the Emoluments Clause, the lawsuit, and what all this has to do with national security. Lees meer
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Goldsmith v. Lederman on Yates
1 februari 2017 · 38 min
On Monday, Acting Attorney General Sally Yates ordered the Justice Department not to defend President Trump's executive order banning refugees and immigrants from seven majority-Muslim countries, only to be quickly fired by Trump. Jack Goldsmith and Marty Lederman, who have both served in senior positions in the Office of Legal Counsel, penned responses—Jack criticizing Yates's actions and Marty defending them. We got them on the line for a special edition of the Lawfare Podcast. Lees meer
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About That Border Wall
28 januari 2017 · 37 min
President Trump kicked off the first foreign policy crisis of his new administration by signing an executive order mandating the construction of the much-promised border wall with Mexico, resulting in as-yet-unresolved confusion as to how the wall will be paid for and an ongoing diplomatic scuffle with Mexican President Enrique Peña Nieto. Benjamin Wittes spoke with Stephanie Leutert, the Mexico Security Initiative Fellow at the University of Texas at Austin and writer of Lawfare's "Beyond the Border" series, to chat about what the wall might look like, how effective it will or won't be, and what this means for U.S.-Mexico relations. Lees meer
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What the Privacy Debate Gets Wrong
20 januari 2017 · 1 uur 15 min
On January 13th, Benjamin Wittes and Emma Kohse released a new paper challenging the assumption that "privacy is an eroding value," worn away by the incessant collection of online data about consumer habits. Their paper, "The Privacy Paradox II: Measuring the Privacy Benefits of Privacy Threats," uses empirical data from Google consumer surveys to study how many people actually experience the technologies often accused of eroding privacy as increasing their privacy instead. Lees meer
In an event at the Brookings Institution, Ben sat down with Stewart Baker of Steptoe & Johnson and Amie Stepanovich of Access now to discuss the paper. This week, we're bringing you that conversation on the podcast.
One note: Ben's opening remarks reference Powerpoint slides containing the survey results, which you can view in the paper itself—available here.
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Jameel Jaffer on "The Drone Memos"
14 januari 2017 · 51 min
Jameel Jaffer, author of The Drone Memos: Targeted Killing, Secrecy, and the Law, joins Jack Goldsmith at the Hoover Book Soiree. Lees meer
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Susan Hennessey and Matt Tait Go on a Political Witch Hunt
6 januari 2017 · 46 min
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. Lees meer
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Deterring Russian Cyber Intrusions
23 december 2016 · 47 min
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? Lees meer
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.
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Intelligence Under a Trump Administration
16 december 2016 · 1 uur 5 min
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. Lees meer
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The Lawfare Podcast: Christopher Moran on "Company Confessions: Secrets, Memoirs, and the CIA"
9 december 2016 · 39 min
The Lawfare Podcast has made it to our 200th episode! Thank you to all our listeners, old and new. Lees meer
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?
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Al-Shabaab Under the AUMF
2 december 2016 · 46 min
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. Lees meer
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Real Security: Governance and Stability in the Arab World
26 november 2016 · 51 min
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? Lees meer
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Bill Banks on "Soldiers on the Homefront: The Domestic Role of the American Military"
19 november 2016 · 47 min
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. Lees meer
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"The First Day of the Rest of Our Lives" Edition
12 november 2016 · 49 min
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? Lees meer
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David Priess on "The President's Book of Secrets"
4 november 2016 · 39 min
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. Lees meer
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.
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Bahlul, Bahlul, Bahlul, Bahlul
28 oktober 2016 · 50 min
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. Lees meer
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Samuel Moyn on "How Warfare Became Both More Humane and Harder to End”
22 oktober 2016 · 49 min
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. Lees meer
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Jack Goldsmith and Susan Hennessey on Russian Interference in the U.S. Election
14 oktober 2016 · 41 min
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. Lees meer
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Stephanie Leutert on Violence in Mexico and Central America
7 oktober 2016 · 38 min
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. Lees meer
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Rosa Brooks on "How Everything Became War and the Military Became Everything"
30 september 2016 · 53 min
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. Lees meer
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?
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Judge Laurence Silberman on the Birth of NSD
23 september 2016 · 28 min
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. Lees meer
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An Interview with Independent Presidential Candidate Evan McMullin
17 september 2016 · 37 min
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. Lees meer
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.
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Disrupting ISIS Recruitment Online
9 september 2016 · 51 min
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. Lees meer
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Geeking Out on Al-Nashiri with Michel Paradis and Bob Loeb
2 september 2016 · 52 min
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. Lees meer
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Dave Aitel and Matt Tait on How “Everything You Know About the Vulnerability Equities Process Is Wrong”
26 augustus 2016 · 48 min
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. Lees meer
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#LawfareAMA
19 augustus 2016 · 37 min
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. Lees meer
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Walter Pincus on "The Norms of National Security Reporting"
12 augustus 2016 · 41 min
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. Lees meer
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John Brennan on "Emerging Challenges"
5 augustus 2016 · 1 uur
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. Lees meer
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