The Lawfare Podcast

The Lawfare Institute
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Nov 30, 2023 • 1h 20min

Chatter: Coups and Counterintelligence with Peter Strzok

Former FBI agent Peter Strzok discusses his career in counterintelligence, including investigating Russian interference in the 2016 US elections. He shares personal experiences living in Iran during coups and political unrest. The podcast also covers the challenges of counterintelligence, major spy cases, and advice for a younger self.
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Nov 30, 2023 • 41min

Comparing Civilian Casualty Tolerance in the Israel-Hamas War to the War Against ISIS with Mark Lattimer

Mark Lattimer, Executive Director of Ceasefire Centre for Civilian Rights, discusses Israel's tolerance for civilian casualties compared to the US and UK in the war against ISIS. They analyze Israel's decision to carry out airstrikes in the Jabalia Refugee Camp and compare it to the Battle of Mosul in 2014. The podcast explores the concept of civilian casualty tolerance, the role of lawyers in Israeli warfare, Israeli attacks on hospitals, changing tolerance for civilian casualties, and concerns about arms transfers in Israel.
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Nov 29, 2023 • 49min

Will Generative AI Reshape Elections?

In this podcast, the hosts discuss the potential impact of generative AI on elections. They explore the alleged harms and potential benefits of generative AI in political ads. The podcast also examines the influence of false ads, repetition, personalization, and bias in shaping voter choice. It raises questions about the absence of federal laws regulating interventions to address alleged harms and proposes policy recommendations for handling the impact of generative AI and political ads on local and state elections. The implications of generative AI on elections and differing views on the role of AI in advancing human rights are also discussed.
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Nov 28, 2023 • 50min

U.S. Arms Transfers to Israel, with Brian Finucane and Josh Paul

Defense analyst Brian Finucane and political commentator Josh Paul discuss U.S. arms transfers to Israel. They talk about the scale and process of these transfers, the legal and policy requirements, and the debate about imposing conditions on military assistance. They also address the potential complicity and liability for war crimes committed with U.S. weapons, the decision-making process on human rights violations, and the importance of following the law and considering actions.
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Nov 27, 2023 • 51min

Tiana Epps-Johnson on Lawsuits and the Big Lie

Tiana Epps-Johnson, Executive Director of the Center for Tech and Civic Life, discusses the lawsuits and investigations faced by her organization after assisting in the 2020 presidential election. They explore the financial costs, impact on future elections, and the importance of defending against attacks. The chapter also highlights the Center's work in supporting local election departments and the need for cybersecurity training and adequate funding. Additionally, they discuss the dangers of cyber threats and the 'Delete Me' service for protecting personal information.
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Nov 26, 2023 • 1h 9min

Lawfare Archive: Building a Bridge Between 20th Century Law and 21st Century Intelligence

CIA General Counsel Caroline Krass, Orin Kerr, and Benjamin Wittes discuss legal questions raised by evolving technologies in intelligence operations. They explore the need for updated legal structures, balancing privacy, security, and innovation. The podcast also covers congressional oversight, challenges of technology and territorial divisions, and the debate on whether companies should have the legal ability to hack back against hackers.
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Nov 25, 2023 • 52min

Lawfare Archive: The Jerusalem Embassy Opening and Protests in Gaza

Guests Khaled Elgindy, Natan Sachs, and Sarah Yerkes discuss the opening of the American Embassy in Jerusalem, protests in Gaza, and the international reaction. They also explore the impact on US-European relationship and the origins of the Gaza protests. The podcast touches upon personal data privacy and provides recommendations on protecting personal information online.
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Nov 24, 2023 • 1h 17min

What Disqualifying Trump From the 2024 Ballot Would Mean for Election Law

The podcast discusses the challenges of disqualifying Trump from the 2024 election under Section 3 of the 14th Amendment, including the interplay between Section 3 challenges and Election Law. It explores variation in state election laws and the role of state administrative officials in determining candidates' qualifications. The speakers also delve into the interpretation and application of Section 3 throughout history, as well as the challenges and complexities of disqualifying Trump and the implications for election law.
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Nov 23, 2023 • 49min

Lawfare Archive: Samuel Moyn on “How Warfare Became Both More Humane and Harder to End"

Samuel Moyn, Professor of Law and History at Harvard University, discusses how warfare has become both more humane and harder to end. He argues that the focus has shifted from preventing war to ending war crimes, with the human rights community sharing culpability. The podcast explores the challenges faced by human rights activists, the rise of the unwilling and/or unable doctrine for intervention, and the paradox of human rights and militarized foreign policy.
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Nov 22, 2023 • 1h 39min

Chatter: The JFK Assassination and Conspiracy Culture, with Gerald Posner

Gerald Posner, author of Case Closed, debunks JFK assassination conspiracy theories. Topics include the limits of memory, flawed investigations, influential film JFK, Cuban government involvement, grand conspiracy thinking, and the impact of conspiracy culture on society.

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