The Lawfare Podcast

Ryan J. Reilly, Justice Reporter at NBC News, discusses Sedition Hunters and their crucial role in the Jan. 6 criminal investigation. Topics include the investigation process of the Capitol siege, identification of suspects, responsible online investigating, home security systems, use of nicknames for Capitol violence perpetrators, and racism in election fraud claims.

Investigative journalist Nick Turse discusses a fatal drone strike in Somalia that killed a young mother and her daughter. They explore the misconnections, flawed intelligence, and fatal blindness that led to the attack. They also discuss changes in the US military's approach to drone strikes, compensation for civilian victims, and the importance of transparency in the air war program in Africa.

This week on Rational Security, the hosts discuss the ongoing conflict in Gaza and calls for a ceasefire. They also delve into the legal battles surrounding former President Trump's right to speech and the reported plan for a revenge campaign if he returns to the White House. The podcast also includes book recommendations and a discussion of the 50th anniversary of the War Powers Resolution.

Lawfare Editor-in-Chief Benjamin Wittes is joined by special guest Adam Klasfeld to discuss Trump's testimony, Ivanka's testimony, and her brother's testimony. They also delve into gag orders in New York and Washington, Section 3 litigation under the 14th Amendment, and the Georgia Bureau of Investigation report on the Coffee County incident.

Luke Murry and Daniel Silverberg, National Security Advisors to House Minority Leader Kevin McCarthy and House Majority Leader Steny Hoyer respectively, discuss security issues facing Congress, the day-to-day work of congressional staff, and the importance of bipartisan cooperation. They address the challenges in Congress regarding national security and foreign policy, the need for oversight and constituent engagement, and share examples of how they handle disagreements and find common ground. They emphasize the complexity of decision-making within Congress and stress the importance of grassroots organizing and citizen participation in the political process.

Legal expert on war powers issues, Jack Goldsmith, discusses President Obama's aggressive approach to initiating overseas conflicts and his expansion of war powers. The podcast analyzes Obama's interpretation of executive power, military commissions, detention without trial, and the Authorization for Use of Military Force (AUMF). It also explores Obama's views on war powers, including his broad view of constitutional power and expansion of statutory authorization in cases like Libya and Syria.

Rachel Maddow discusses her book "Prequel: An American Fight Against Fascism" with Benjamin Wittes on The Lawfare Podcast. They explore the parallels between historical fascism and modern authoritarianism, the role of law enforcement and journalism, and the forgotten heroes of the fight against fascism. They also discuss American origins of Holocaust denial, failed prosecutions of fascist movements, and the power of electoral rebuke. Rachel recommends reading "Nazis of Copley Square: The Forgotten Story of the Christian Front" and "Hitler in Los Angeles: How Jews Foiled Nazi Plots Against Hollywood and America".

Fionnuala Ní Aoláin, Former UN Special Rapporteur on counterterrorism and human rights, discusses her findings as a rapporteur, including inadequate health provisions for detainees. She reflects on her visit to Guantanamo Bay, highlighting degrading treatment and inadequate health provisions. They address the importance of adhering to international human rights law in plea bargain negotiations for detainees. The chapter explores conditions in detention facilities in Northeast Syria and the challenges of repatriation for detainees. It also discusses the impact of technologies on counter-terrorism and human rights, emphasizing the need for oversight and compliance.

Lawfare Editor-in-Chief Benjamin Wittes sits down with Rep. Mike Johnson to discuss his national security agenda, including Israel aid, Ukraine aid, Taiwan assistance, the border, FISA Section 702, and government shutdowns. They explore the challenges Speaker Johnson may face, the debate over aid to Israel and Ukraine, and the potential coalition forming for the reauthorization of 702.

Justin Sherman, Technology Policy and Law Fellow at Lawfare, discusses the link between publicly available information, stalking, and gendered violence. They delve into the role of data brokers, legislative gaps in privacy laws, and the need for regulatory solutions to address these issues.