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.
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The Lawfare Institute
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Latest episode
Jul 11, 2026
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Episodes
Trouble Brewing in Ukraine 06.12.2021 52:01
It's a scary time along the Ukrainian-Russian border these days. Russian troops are amassing in alarming numbers, and Ukrainian President Volodymyr Zelensky declared recently that there had been a coup planned against him by Russian-aligned forces. How bad is it? Is it going to be another war? Is an incursion imminent? To go over all the questions, Benjamin Wittes sat down on Lawfare Live with Lt....
Lawfare Archive: Bob Bauer on Trump and the White House Counsel 05.12.2021 50:22
From May 27, 2017: 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 Presid...
Lawfare Archive: A House Divided 04.12.2021 55:22
From May 6, 2017: 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...
Orin Kerr and Asaf Lubin on Apple v. NSO Group 03.12.2021 42:44
Late last month, Apple sued the Israeli technology firm NSO Group under the Computer Fraud and Abuse Act. That's the federal law that criminalizes computer hacking and provides a civil cause of action for hacking victims. NSO Group is primarily known for its Pegasus spyware software, which it provides to many governments for their law enforcement and national security investigations. Apple is suin...
How Zoom Thinks About Content Moderation 02.12.2021 1:00:00
This week on Arbiters of Truth, our series on the online information ecosystem, Evelyn Douek and Quinta Jurecic spoke with some of the people behind the app that, by this point in the pandemic, you’re probably sick of: Zoom. Quinta and Evelyn sat down with Josh Kallmer, Zoom’s head of global public policy and government relations, and Josh Parecki, Zoom’s associate general counsel and head of trus...
Trump and His Intelligence Briefings with David Priess 01.12.2021 55:55
The CIA has opened a window into former president Donald Trump's always interesting and frequently contentious relationship with the intelligence community. A newly published history confirms a lot of what we already knew about Trump's preferences—like that he didn't actually read his daily top secret briefing—but it also shows Trump as privately more appreciative of career intelligence profession...
Cyber Privateering 30.11.2021 40:25
Cybersecurity is the responsibility of everyone. A cyber attack is no longer confined to the digital realm and can have real impact on various industries like food, gas and medicine. But despite these challenges, there is an opportunity for a new whole-of-society approach to defend against the mounting cyber threats emanating from places like Russia, China and North Korea. One approach advocates t...
Timothy Frye on ‘Weak Strongman: The Limits of Power in Putin's Russia’ 29.11.2021 46:54
Dominic Cruz Bustillos sat down with Timothy Frye, the Marshall D. Shulman Professor of Post-Soviet Foreign Policy within the Department of Political Science at Columbia University, editor of “Post-Soviet Affairs” and co-director of the International Center for the Study of Institutions and Development at the Higher School of Economics in Moscow. Professor Frye is the author of the new book, “ Wea...
Lawfare Archive: HASC Hearing on Outside Perspectives on the AUMF 28.11.2021 1:37:54
From February 28, 2015: On Thursday of this week, Lawfare’s Benjamin Wittes and Bobby Chesney, along with General Jack Keane, appeared before the House Armed Services Committee to provide “Outside Perspectives on the President’s Proposed Authorization for the Use of Military Force Against the Islamic State of Iraq and the Levant.” The hearing grappled with a number of difficult a...
Lawfare Archive: Adam Segal on ‘The Hacked World Order’ 27.11.2021 44:22
From April 2, 2016: This week, Adam Segal of the Council on Foreign Relations joins Jack Goldsmith at a Hoover Book Soiree for a discussion of his new book, “ The Hacked World Order: How Nations Fight, Trade, Maneuver, and Manipulate in the Digital Age . ” Segal begins at what he calls “year Zero”—sometime between June 2012 and June 2013—explaining that the events in...
The Soviet Perspective on the Nuremberg Trials 26.11.2021 53:27
Last month marked the 75th anniversary of the end of the Nuremberg Trials. To better understand the trials and their legacy, Bryce Klehm sat down with Francine Hirsch, Vilas Distinguished Achievement Professor of History at the University of Wisconsin–Madison. Hirsch is the author of the book, “ Soviet Judgment at Nuremberg: A New History of the International Military Tribunal after World War II ....
Rational Security: The "Nothing To Be Thankful For" Edition 25.11.2021 1:06:25
For Thanksgiving, we’re bringing you something a little different—an episode of Rational Security, our light, conversational show about national security and related topics. This week, Alan, Quinta and Scott were joined by special guest, Quinta's co-host of the Arbiters of Truth series on the Lawfare podcast feed Evelyn Douek ! They sat down to discuss: —“Getting Rittenhouse...
David Kaye on How We Address the Global Spyware Problem 24.11.2021 44:39
On November 3, the Commerce Department added four foreign companies to what is often referred to as the “Entity List,” for engaging in activities that are contrary to the national security or foreign policy interests of the United States. One of those additions was the Israeli company NSO Group, which sells software—often called spyware—that once remotely installed on a phone can steal things like...
Lincoln and the Broken Constitution 23.11.2021 1:03:38
Jack Goldsmith sat down with Noah Feldman, the Felix Frankfurter Professor of Law at Harvard University, to discuss his new book,” The Broken Constitution: Lincoln, Slavery, and the Refounding of America .” They discussed the evolution of Lincoln's constitutional thought on slavery, compromise and war, from the time he was a young man through his most difficult of presidencies. Was Lincoln a great...
Mary Sarotte on ‘Not One Inch: America, Russia, and the Making of Post-Cold War Stalemate’ 22.11.2021 57:12
Alexander Vindman sat down with Dr. Mary Sarotte, the author of the new book, “ Not One Inch: America, Russia, and the Making of Post-Cold War Stalemate ,” to discuss the 1990s and NATO expansion. They discussed how respective decisions by America, Russia and the European Union impacted NATO expansion and today’s geopolitical environment. Support this show http://supporter.acast.com/lawfare...
Lawfare Archive: Avril Haines, Eric Rosenbach, and David Sanger on U.S. Offensive Cyber Operations 21.11.2021 54:01
From May 28, 2019: From the Washington Post’s February report that U.S. Cyber Command took a Russian disinformation operation offline on the day of the 2018 midterms to fight election interference, to the Pentagon’s announcement last year that it would take more active measures to challenge adversaries in cyberspace, recent news about cyber operations suggests they are playing an increasingly impo...
Lawfare Archive: The Future of Somalia 20.11.2021 1:19:43
From August 9, 2014: Washington was abuzz this week as more than 50 African leaders were in town for the first U.S.-Africa Summit. On August 8, Hassan Sheikh Mohamud, the President of Somalia, spoke at Brookings on the future of his country. In his talk, President Mohamud addresses the challenges to democracy that Somalia faces, and how Somalia, the African Union, and other international part...
Fiona Hill on ‘There Is Nothing for You Here’ 19.11.2021 55:43
Alexander Vindman sat down with Dr. Fiona Hill, the Robert Bosch senior fellow in the Center on the United States and Europe in the Foreign Policy program at Brookings, and the author of the new book, “ There Is Nothing for You Here: Finding Opportunity in the Twenty-First Century .” They talked about Russia's military buildup along Ukraine, immigration and opportunities in the 21st century. Suppo...
The Facebook Oversight Board, One Year On 18.11.2021 57:28
It’s been roughly a year since the Facebook Oversight Board opened its doors for business—and while you may mostly remember the board from its decision on Donald Trump’s suspension from Facebook, but there’s been a lot going on since then. So we thought it was a good time to check in on how this experiment in platform governance is faring. In October, the Board released its first transparency repo...
Hannah Bloch-Wehba on Police Transparency 17.11.2021 40:04
Hannah Bloch-Wehba is an associate professor of law at the Texas A&M School of Law. She’s also the author of a recent Lawfare post, entitled “ Alternative Channels for Police Transparency .” She sat down with Jacob Schulz to talk about her Lawfare piece, the law review article that inspired it, trends in police transparency and what to do about it. What are the different sources that inhibit p...
Chattering with Shane and David 16.11.2021 35:54
Lawfare has a new podcast: Chatter ! Hosted by none other than David Priess, publisher of Lawfare and the Lawfare Institute's chief operating officer, and Shane Harris, intelligence reporter from the Washington Post, Chatter focuses on culture, science and national security issues through long-form interviews with cool people. They joined Benjamin Wittes to talk about what they're doing with the s...
Roger Parloff on the Jan. 6 Capitol Riot Prosecutions 15.11.2021 47:25
Roger Parloff is a senior editor at Lawfare and the author of the recent article, “ What Do—and Will—the Criminal Prosecutions of the Jan. 6 Capitol Rioters Tell Us? ” It is a deep dive on the demographics, the charges and the adjudications of the Capitol riot cases so far. Roger sat down with Benjamin Wittes on Lawfare Live to talk about who the Capitol rioters were, why some of them have been al...
Lawfare Archive: Joel Brenner on America the Vulnerable 14.11.2021 39:40
From February 20, 2012: Joel Brenner, who served as inspector general of the National Security Agency and as the national counterintelligence executive in the DNI's office, joined Jack Goldsmith to discuss his new book, America the Vulnerable: Inside the New Threat Matrix of Digital Espionage, Crime, and Warfare . Benjamin Wittes reviewed the book here . Support this show http://s...
Lawfare Archive: Jameel Jaffer, Bob Litt, and William Banks Debate FISA 13.11.2021 1:47:06
From November 22, 2014: Earlier this month, the ABA Standing Committee on Law and National Security held its “ 24th Annual Review of the Field of National Security Law CLE Conference .” As part of the conference, the group held a particularly strong panel discussion on the Foreign Intelligence Surveillance Act—featuring Bob Litt, general counsel to the DNI, Jameel Jaffer of the ACLU, and Bill Bank...
Michel Paradis on Majid Khan 12.11.2021 55:32
Majid Khan pled guilty in a military commission at Guantanamo eight years ago, but he has been back in the news of late. At a sentencing hearing at Guantanamo recently, he gave graphic testimony about his torture and treatment at the hands of the CIA and the military. He also took responsibility and showed remorse for his own conduct. His speech in the military commission was sufficiently moving t...
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