The Lawfare Institute

The Lawfare Podcast

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.lawfaremedia.org. Support this show http://supporter.acast.com/lawfare . Hosted on Acast. See acast.com/privacy for more information.

Author

The Lawfare Institute

Category

Government

Podcast website

www.lawfaremedia.org

Latest episode

Jul 11, 2026

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Episodes

A Conversation with Bryan Vorndran, Assistant Director of the FBI Cyber Division 19.12.2023

Bryan Vorndran is Assistant Director of the FBI's Cyber Division, a position he's held since around March 2021. Prior to that, he was the special agent in charge in New Orleans, and he's worked in Afghanistan and on the Joint Terrorism Task Force at the Washington Field Office. David Kris, Lawfare contributor and former Assistant Attorney General for the National Security Division, and Bryan Cunni...

Joel Braunold on Gaza and What Comes Next 18.12.2023

The conflict in Gaza may be approaching a turning point. An increasingly frustrated Biden administration has reportedly told Israeli officials that the military campaign needs to wind up within weeks, while even some Israeli officials have suggested that Hamas is on the verge of defeat. But as the physical and human devastation in Gaza continues to mount, the question of what comes after the confl...

Rational Security: The “A Friend in Need is a Friend Security Guaranteed” Edition 17.12.2023

This week on Rational Security , Quinta and Scott were joined by  Lawfare  Managing Editor Tyler McBrien to talk through the week’s big national security news, including: “You’ll Shoot Your Five Eyes Out with a Bibi Gun.” From Ukraine to Gaza, some of the biggest controversies surrounding U.S. foreign policy hinge on the assistance—including weapons and intelligence—that the United State...

Trump’s Trials and Tribulations: Mr. Smith Goes to the Supreme Court, not the D.C. Circuit 16.12.2023

It's another edition of “Trump’s Trials and Tribulations,” recorded on Thursday before a live audience of Lawfare Material Supporters. This week, Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor Roger Parloff, Lawfare Legal Fellow Anna Bower, and special guest Steve Vladeck from the University of Texas School of Law. They discussed Jack Smith's petition to the Supreme Co...

Lawfare Archive: Jim Baker and Carl Ghattas on Section 702 16.12.2023

From July 29, 2017: On December 31, 2017, Section 702 of the FISA Amendments Act will sunset. While U.S. officials insist that the provision authorizes critical intelligence gathering, it remains an open question whether Congress will reauthorize the law as it exists, pass it with amendments, or allow it to lapse altogether. In this week's podcast, Susan Hennessey sits down with FBI General Counse...

Fossil Fuel Flops at COP28 15.12.2023

According to the resolution signed at the end of the 28th meeting of the Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC), or COP28 for short, fossil fuels have finally been sentenced to a slow and painful death. This year’s global climate summit, held in the United Arab Emirates, ended with an overtime session that resulted with the nations agre...

Chatter: The Ghost Army of World War II with Journalist Rick Beyer 14.12.2023

In the summer of 1944, a group of artists, visual designers and sound engineers--all of them GIs--began a series of secret operations in occupied France. Their mission: to deceive German forces about the location and size of U.S. military units, using a combination of inflatable vehicles, sound recordings, and “actors” posing as officers.  The ranks of the “Ghost Army” included future stars o...

A New United Nations Special Rapporteur on Human Rights and Counterterrorism 14.12.2023

Ben Saul is the Challis Professor of International Law at the University of Sydney, Australia, whose internationally recognized work has focused specifically on the intersection of human rights, terrorism, and international law. The United Nations Human Rights Council voted to appoint Saul as the newest Special Rapporteur on the promotion and protection of human rights and fund...

Argentina’s New President: An Anarcho-capitalist in the Pink House 13.12.2023

You may have heard of Javier Milei, Argentina’s new president, thanks to some of his eccentricities, like his five cloned dogs or his reliance on a chainsaw prop to illustrate the need to cut public expenditure. But Milei was able to harness the dissatisfaction with a system that has left the country with 150% inflation and over 40% of the population under the line of poverty. Now, the self descri...

Preston Marquis, Molly Reynolds, and Benjamin Wittes on the Two House FISA Sec. 702 Bills 12.12.2023

FISA Section 702 is set to expire on Dec. 31, 2023. Last week, two bills were marked up by two different House committees—one in the House Judiciary Committee and one in the House Permanent Select Committee on Intelligence. To talk about these very different approaches to FISA Section 702 reauthorization and reform, Lawfare Senior Editor Stephanie Pell sat down with Preston Marquis, a JD candidate...

The Complicated Politics of Ukraine Aid 11.12.2023

The Senate last week failed to move forward the national security supplemental, which includes a large package of aid for Ukraine. The holdup? Migration at the southern border and Republican insistence that the administration and Democrats will have to swallow major policy changes in order to get the Ukraine aid through. Meanwhile, the mood in Kyiv is a little down. The counteroffensive did not go...

Rational Security: The “Based in Eunuchs” Edition 10.12.2023

This week on Rational Security , co-hosts Quinta and Scott were joined by co-host emeritus Benjamin Wittes to talk over the week’s big national security news, including: “Stalled and Appalled.” Ukraine’s counteroffensive to try and reclaim Russia-held parts of eastern Ukraine appears to have stalled, triggering a degree of finger-pointing on both sides of the Atlantic—just as U.S. and European sup...

Trump’s Trials and Tribulations: A Fulton County Hearing, Filings in D.C., and 14th Amendment Updates 09.12.2023

It's another edition of “Trump’s Trials and Tribulations,” recorded on Thursday before a live audience of Lawfare Material Supporters. Lawfare Senior Editor Scott R. Anderson sat down with Lawfare Editor-in-Chief Benjamin Wittes, Senior Editor Roger Parloff, and Legal Fellow Anna Bower to discuss a range of matters, from Judge Chutkan’s denial of Trump's motions to dismiss his D.C. criminal case,...

Lawfare Archive: Matt and Ken Speak at Hoover on Autonomous Weapons 09.12.2023

From November 6, 2013: On October 25, 2013, the Hoover Institution held a day-long media colloquium out at Stanford University for a first-rate group of journalists focused on national security legal issues and the work of Hoover’s  Jean Perkins Task Force on National Security and Law . The first session of the day,  Ben’s talk on  Speaking the Law , ran as episode of the podcast on...

Graham Allison on Henry Kissinger 08.12.2023

Last week, former Secretary of State and National Security Adviser Henry Kissinger passed away. To assess his legacy, Jack Goldsmith sat down with Graham Allison, the Douglas Dillon Professor of Government at Harvard University.  Allison knew Kissinger well. He first met Kissinger in 1965 when he was a student in Kissinger's class at Harvard. And Allison worked with Kissinger for decades, rig...

Chatter: World War I and Intelligence in American Memory, with Mark Stout 07.12.2023

World War I was a seminal event for American national security and foreign policy, as the United States deployed nearly two million soldiers and sailors to Europe and engaged in the most intense overseas combat in its history up to that point. Yet the development of modern American intelligence just before and during the war, and even the magnitude of the war itself, have been largely forgotten by...

Preparing for War with Bradley Onishi 07.12.2023

Watching the footage of the attack on the U.S. Capitol on the morning of Jan. 6, 2021, Bradley Onishi thought to himself, “If I hadn’t left evangelicalism, would I have been there?” In his book entitled, “ Preparing for War: The Extremist History of White Christian Nationalism and What Comes Next ,” Onishi offers a sobering historical account of the origins and development of White Christian natio...

Bill Wright on the AI Executive Order 06.12.2023

A little over a month ago, President Biden issued a sweeping executive order on artificial intelligence (AI) covering a broad set of AI issues, such as privacy, transparency, the development of biological weapons, and many more. The order hands out expansive directives to several U.S. government agencies and private industry, which the Biden administration hopes will help the U.S. lead the globe i...

Two Courts Rule on Presidential Immunity 05.12.2023

On Friday, two courts weighed in on the question of presidential immunity. First, Judge Chutkan of the DC District Court ruled that Trump is not immune from Special Counsel Jack Smith’s criminal prosecution for his conduct on Jan. 6. In the second, the DC Circuit Court ruled that Trump is not immune from a civil suit brought by members of Congress and Capitol Police officers, also relating to...

Matthew Tokson on Government Purchases of Private Data 04.12.2023

Is the Fourth Amendment doing any work anymore? In a  forthcoming article  entitled “Government Purchases of Private Data,” Matthew Tokson, a professor at the University of Utah S.J. Quinney College of Law, details how, in recent years, federal and state agencies have begun to purchase location information and other consumer data, as government attorneys have mostly concluded that p...

Rational Security: The “We’re Moving to Microsoft” Edition 03.12.2023

This week on Rational Security , a contentedly full post-Thanksgiving Scott and Quinta sat down with two Lawfare colleagues—Senior Editor and Brookings Institution Senior Fellow Molly Reynolds and Cyber Fellow Eugenia Lostri—to talk through the week’s big national security news stories, including: “Showdown with an Only O.K. Rationale.” The House and Senate are preparing for a showdown over nation...

Trump’s Trials and Tribulations: Gag Orders, Telephones, and Other Stuff 02.12.2023

It's another edition of “Trump’s Trials and Tribulations,” recorded on Thursday before a live audience of Lawfare Material Supporters. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor Roger Parloff, Lawfare Legal Fellow Anna Bower, and special guest Kyle Cheney of Politico, to talk about Scott Perry's text messages that were newly revealed in a filing in D.C. District Co...

Lawfare Archive: Jim Baker on AI and Counterintelligence 02.12.2023

From September 25, 2018: The United States has become the global leader in both defense and private-sector AI. Inevitably, this has led to an environment in which adversary and ally governments alike may seek to identify and steal AI information—in other words, AI has become intelligence, and those who work in AI have become potential sources and assets. And with intelligence, comes counterintelli...

Anna Bower Critiques the Georgia Bureau of Investigation 01.12.2023

Anna Bower is a Legal Fellow at Lawfare and our Fulton County Correspondent, and has been digging into the weird events in Coffee County in the aftermath of the 2020 election. Her latest tome on the subject is entitled “ What the GBI Missed in Coffee County ,” and is about the Georgia state investigation, the report on which clocks in at almost 400 pages but is a great deal less impressive than it...

Chatter: Coups and Counterintelligence with Peter Strzok 30.11.2023

Peter Strzok is a former United States Federal Bureau of Investigation agent. He was the Deputy Assistant Director of the FBI's Counterintelligence Division and led the investigation into Russian interference in the 2016 United States elections. He speaks with Ben Wittes about the numerous places he has called home and a career spent in counterintelligence. Support this show http://supporter.acast...

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