The Lawfare Podcast

Something a little different on the podcast today: the launch of a special series—the Culper Partners Rule of Law Series. David Kris and Nates Jones, the founders of the Culper Partners consulting firm, have recorded a limited-edition podcast series exploring various aspects of the rule of law, particularly as it relates to U.S. national security and criminal law enforcement. Over the course of several episodes, which we will be dropping into the Lawfare Podcast feed over the coming weeks and months, David and Nate examine topics including legislative and judicial oversight of the executive branch, the rule of law in counterterrorism, the relationship between law, economic security, and national security, foreign relations and the rule of law, and law and politics. Each episode features an interview with a current or former senior government official, or a leader in the private sector. In this first episode, Nate and David talk with Judge John Bates, Senior Judge on the United States District Court for the District of Columbia. Judge Bates has had a long and distinguished career in government and private practice, including work at two private law firms, as an Assistant U.S. Attorney in DC, and as Deputy Independent Counsel in the Whitewater investigation. Most recently, from 2013 to 2015, he was Director of the Administrative Office of the U.S. Courts. Judge Bates became a federal judge in 2001, and from 2006 to 2013 he served on the Foreign Intelligence Surveillance Court, where he was the court’s Presiding Judge beginning in 2009.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On March 29, in approximately six weeks, the United Kingdom is scheduled to crash out of the European Union. As of the date of this podcast, there is no deal governing how that exit will work. To understand the stakes, Benjamin Wittes sat down last week in the new Jungle Studio with Amanda Sloat, a senior fellow at the Brookings Center for the United States and Europe, to talk about all things Brexit. They talked about the thorny issue of the Northern Ireland border, Theresa May's delicate political position, and what might happen if March 29 arrives without a Brexit deal.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

After the Democrats on the House Judiciary Committee assured that he would be allowed to appear voluntarily, Acting Attorney General Matthew Whitaker gave testimony on Friday before the panel on oversight of the department he has led since Jeff Sessions left office in November 2018. He answered questions for over six hours about everything from his decision not to recuse from the Mueller investigation to the department's pretrial release program. But we cut out all the unnecessary repetition and theatrics to leave you with just the questions and answers about national security law that you need to hear.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From the increasing development of autonomous weapons systems to the expansion of the traditional battlefield to cyber and outer space, the evolution of warfare invites ethical and legal questions about what the future holds. In November 2018, Arnold & Porter's Veterans and Affiliates Leadership Organization hosted a panel discussion to explain what warfare will be like for the military veterans of the future. Former Air Force and Army general counsel and current Arnold & Porter partner Chuck Blanchard moderated a conversation with American University law professor Ken Anderson, Emory law professor Laurie Blank, and Jamie Morin, vice president of Defense System Operations at The Aerospace Corporation and a director of the Center for Space Policy and Strategy.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Many critics of Donald Trump’s foreign policy say the president has undermined the liberal international order, but some progressives question whether liberal internationalism was worthwhile to begin with. On Sunday, Jack Goldsmith had a conversation with Samuel Moyn, a professor of law and history at Yale University, who studies that subject. They talked through how to understand the successes and failures of liberal internationalism, the significance of Donald Trump’s effect on it, and what the future holds for the liberal international order.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In the wake of Roger Stone’s arrest on Jan. 25, 2019, Chuck Rosenberg, a longtime U.S. federal law enforcement official, explained on Lawfare why the tactics used during the arrest were wholly appropriate. Nonetheless, some politicians, including the president and Senate Judiciary Committee Chairman Lindsey Graham, have raised questions about the FBI’s operational decisions—in particular regarding the allegedly excessive number of FBI officials who were present for the arrest and search of Stone’s home. In a second article for Lawfare, Rosenberg detailed why it was entirely appropriate for the FBI to send roughly 29 agents to Stone’s house. In the latest edition of the Lawfare Podcast Shorts, you can listen to that article in-full, read by the author.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Last week, as part of the Hoover Institution’s “Security by the Book” series, Jack Goldsmith spoke with Herb Lin and Amy Zegart, co-directors of the Stanford Cyber Policy Program. Lin and Zegart edited a recently-published volume on offensive cyber operations entitled: “Bytes, Bombs, and Spies: The Strategic Dimensions of Offensive Cyber Operations.” In the book, leading cybersecurity scholars and practitioners dissect the technical, political, psychological, and legal ramifications of offensive cyber operations. Goldsmith, Lin, and Zegart discussed the book’s inception, its contents, and what role offensive cyber operations have played and continue to play in U.S. strategy. As you've heard recently, we're exploring new formats to expand how we deliver audio content to you. These things cost money; and relevant advertising may help us expand audio content. To do that well, however, we need your input. Please take a few minutes to complete our listener survey.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

While researching the Watergate Road Map, Benjamin Wittes discovered a letter written by the then-Chairman of the House Committee on the Judiciary Peter Rodino to the chief judge of the U.S. District Court for the District of Columbia. In the letter, Rodino requested that any material relevant to the House’s impeachment inquiry be transferred to his committee. This morning, Wittes analyzed in a Lawfare article how the letter could instruct current Chairman of the Judiciary Committee Jerry Nadler on what steps he can take to ensure his committee properly executes its constitutional obligation. In the latest edition of the Lawfare Podcast Shorts, you can listen to that article in-full, read by the author.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On Tuesday, the Senate Intelligence Committee heard testimony on global threats to U.S. national security from six heads of intelligence agencies: Director of National Intelligence Dan Coats, CIA Director Gina Haspel, FBI Director Christopher Wray, NSA Director Paul Nakasone, NGIA Director Robert Cardillo, and DIA Director Robert Ashley. In a three-hour open session, they gave testimony about North Korea, they gave testimony about Iran, and they gave some testimony that clashed with statements made by the president of the United States. But we cut out all of the bull, and left you with just the 15 minutes of the hearing that you need.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

With the Democrats taking control of the House of Representatives, the 116th Congress is expected to be one of vigorous oversight of the executive branch, complete with requests for documents and for testimony from executive branch officials. But how does this actually work, and what happens when the executive branch refuses to comply? To hash it all out, Brookings Senior Fellow Molly Reynolds spoke with Stan Brand, who served as the general counsel to the U.S. House of Representatives from 1976 to 1983. They talked about the institutional role of the House general counsel, the ins and outs of congressional contempt and subpoena enforcement, and the various challenges that the House will have to confront over the next two years.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.