The Lawfare Podcast

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 professionals than his public broadsides against their deep-state bosses might suggest. Shane Harris sat down with Lawfare’s David Priess, the man who wrote the book about the President's Daily Brief, to chew over a new chapter in the “Getting to Know the President” series by John L. Helgerson, a retired CIA officer and former inspector general. The understated title, “Donald J. Trump—A Unique Challenge,” gives you a hint that as with all things Trump, his relationship to the intelligence community was anything but business as usual. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

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 that the United States already has a non-governmental model for citizen involvement to adopt for cyberspace. Alvaro Marañon sat down with Mark Grzegorzewski and Margaret Smith, who, along with Barnett Koven, are the authors of “Cyber Privateering: A New Model for Cyber Civic Engagement,” a paper they presented at the 2021 Cybersecurity Law and Policy Scholars Conference. They discussed the details around the Estonian model that inspired this paper, the role for Civil Air Patrol and the impact a local civil cyber organization could play in the community. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

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, “Weak Strongman: The Limits of Power in Putin's Russia,” which draws on cutting-edge social science research to emphasize Russia's similarities to other autocracies and highlight the difficult trade-offs that confront the Kremlin. They discussed Frye’s challenges to the conventional wisdom on Putin's Russia, Russia's handling of the COVID-19 pandemic, the European energy crisis, the recent State Duma elections, U.S.-Russia relations and more. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

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 and vitally necessary questions: What exactly does "enduring ground combat operations" mean? Should the AUMF sunset after three years? And, does a new AUMF accomplish anything if it is not tied to the existing authorities present in the 2001 AUMF? The discussion delved deeply into the President’s proposed AUMF, its merits and its flaws, and how those failings can be addressed.Note: The Podcast has been edited for length and content; only the most relevant parts of the discussion are included.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

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 that year ushered in a new era of geopolitical maneuvering in cyberspace, with great implications for security, privacy and the international system. These changes, he suggests, have the potential to produce unintended and unimaginable problems for anyone with an internet connection.In March, George Washington University's Henry Farrell reviewed “The Hacked World Order” for the Lawfare Book Review.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

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.” They covered a range of topics, including the Nuremberg Trials from the Soviet perspective and the trials’ legacy 75 years later.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

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 Rittenhoused”: A jury recently acquitted 17-year-old Kyle Rittenhouse of murder charges for shooting two men in what he claimed was self-defense during last summer’s unrest. What does his trial and its aftermath tell us about the intersection of politics with our criminal justice system?— “Now That’s a Power Serve”: A global pressure campaign by professional tennis players has forced Chinese officials to disclose the location of Chinese tennis player Peng Shuai, who disappeared after publicly accusing a former senior official of sexual assault. Is this a new model for dealing with Chinese human rights abuses?— “Duck Say Quack and Fish Go Blub—But What Did Fox Say?”: Two prominent conservative commentators have resigned from Fox News over its release of a Tucker Carlson film that they say spreads misinformation and promotes violence. Will this be enough to force the network to curb its behavior?For object lessons, Quinta endorsed her favorite pie dough recipe. Alan in turn made an unorthodox recommendation of what to put in that dough: sweet potato pie. Scott encouraged listeners to follow up that big meal with a cup of coffee, made on his beloved Aeropress with a Prismo filter attachment. And if that doesn't work, Evelyn suggested folks tuck in for a nap with her favorite weighted blanket from Bearaby. Be sure to visit our show page at www.lawfareblog.com and to follow us on Twitter at @RatlSecurity. And Rational Security listeners can now get a committed ad-free feed by becoming a Lawfare material supporter at www.patreon.com/lawfare!Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

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 passwords, photos, communications and web searches. It can also activate cameras and microphones without the knowledge of the user. Companies placed on the Entity List are subject to U.S. government licensing and sanctions requirements. The NSO Group was added to the list based on evidence that it developed and supplied spyware to foreign governments that use these tools to target government officials, journalists, activists, academics and embassy workers. To talk about the global spyware problem, Stephanie Pell sat down with David Kaye, a professor of law at the University of California, Irvine, and the former United Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression. In this former role, he produced a report that called for a moratorium on the sale and transfer of spyware. They discussed the nature of the global spyware problem, what might be done to address it and the important role both civil society groups and journalists have played in exposing it. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

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 constitutional thinker? If so, why? They also discussed the moral standing of the Constitution at different times in American history, whether constitutional compromise is good or bad, and what these issues teach about current constitutional controversies. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

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. Hosted on Acast. See acast.com/privacy for more information.