The Lawfare Podcast

Former FBI General Counsel Jim Baker discusses shocking inaccuracies in FISA applications, the need for accurate and compliant processes, detailed verification mechanisms, cyber crimes, and privacy protection. Emphasizes the importance of leadership in addressing errors and promoting trustworthy intelligence practices.

Itsiq Benizri, Lawfare Fellow in Technology Policy and Law, discusses the EU AI Act and its implications. They explore domestic politics shaping the final text, preparation strategies, and the global impact of the European Act. They also touch on deep fakes, challenges of future-proofing the Act, and the complexity of AI regulation in Europe, including GDPR, data act, Digital Services Act, and DMA.

Author and journalist Christopher Miller discusses his book on the war in Ukraine, covering the 2014 capture of Crimea, the recent invasion by Russia, and his journey from Peace Corps volunteer to war correspondent. He shares personal experiences of protests and crackdowns, witnessing the covert invasion of Crimea, and his own encounter with cybercrime. The podcast also recommends a book, 'Voroshilovgrad,' to understand eastern Ukraine.

Jonathan Cedarbaum, Professor of Practice at GW Law School, and Matt Gluck, Research Fellow at Lawfare, discuss key cyber provisions of the NDAA for Fiscal Year 2024, including threats from Mexican criminal organizations and China, military's expanded role in protecting critical infrastructure, and what they would like to see in future versions of NDAA.

Exploring the intersection of international law and constitutional law. The challenges and limitations of international law. The relevance of ideas such as balance of powers and state actions morality. The concept of separation of powers in constitutional law. The state's power to combat threats from corporations and private entities. Debunking the notion of absolute control of the sovereign state.

Bruce Hoffman and Jacob Ware discuss their book on far-right terrorism, covering topics such as the historical trajectory of extremist violence, the influence of Donald Trump, and the threat of far-right terrorism in the 2024 election. They also explore accelerationism and its role in promoting violent revolution, the use of technology for radicalization and recruitment, the impact of social media on far-right terrorism, and the need for unity and open-mindedness to counter these threats.

The podcast discusses the victory of Bernardo Arévalo as the new president of Guatemala and the challenges he faced. They explore the significance of his win for Guatemala and the region, and the ability of democracies to resist authoritarian backsliding. The podcast also covers the obstacles faced by Arévalo, including corruption and violence, and the struggles for democratic transition in Guatemala.

The podcast discusses topics such as Trump's immunity challenge, Israel's military offensive in Gaza, Congressional dysfunction over Ukraine assistance, and personal feelings about climate change. They also touch on online controversies, a contestant on Jeopardy, and podcast production.

Law professor Julian Mortenson discusses his article that challenges the conventional understanding of 'the executive power' in the US Constitution. They explore the historical meaning, implications for presidential power, and the ongoing debate over the extent of executive power. The podcast also delves into the boundaries of executive power, statutory interpretation, and the urgent need to clarify the vesting clause before Supreme Court adjudication.

Lawfare Senior Editor Roger Parloff joins Lawfare Editor-in-Chief Benjamin Wittes to discuss the Supreme Court's oral arguments in the Trump disqualification case. They analyze the justices' handling of the case, misconceptions in the historical record, and potential outcomes of the ruling. The podcast also provides updates on other ongoing Trump trials and addresses audience questions.