The Lawfare Podcast

On June 22, the Supreme Court released its long-awaited ruling in Carpenter v. United States, a case challenging whether law enforcement agencies need a search warrant to acquire the history of a cell phone's location from a wireless provider. Chief Justice John Roberts wrote for the five-justice majority that doing so amounts to a 4th Amendment search, a decision that will have far-reaching implications for law enforcement activities moving forward. On Thursday, Benjamin Wittes spoke on the phone with Jim Baker, the former general counsel of the FBI, and Orin Kerr, the 4th Amendment expert whose writing was cited in every dissent, to understand the decision. They talked about what the decision said, what a warrant for cell site data might look like, and the ruling's implications for other areas of 4th Amendment law.

Direct download: Episode_325_Carpenter.mp3
Category:general -- posted at: 9:38pm EDT

With the media and political commentators focused on family separation at the U.S.-Mexico border, few are paying attention to how developments along Mexico's southern border affect the United States. On Monday, Benjamin Wittes spoke with Stephanie Leutert, director of the Mexico Security Initiative at The University of Texas at Austin, who has spent the past several weeks in the field studying the flow of migrants from Central America into Mexico. They discussed who's entering Mexico, why they're doing it, why most continue on to the United States, and where the dangers lie along their journeys.

Direct download: Episode_324.mp3
Category:general -- posted at: 9:25pm EDT

Gen. Michael Hayden has served as the head of both the Central Intelligence Agency and National Security Agency—and he says that intelligence is under attack. In his latest book, “The Assault on Intelligence: American National Security in an Age of Lies,” Gen. Hayden argues that in what he calls a post-truth world, the United States needs its intelligence community now as much as ever. All the more reason to be concerned about the president’s repeated attacks on it.

On June 15, Gen. Hayden sat down with Jamil Jaffer of George Mason University’s National Security Institute to talk about the book, and how the intelligence community can navigate the challenges it faces.

Direct download: Episode_323.mp3
Category:general -- posted at: 1:18am EDT

From manufacturing to healthcare, and from criminal justice to national security, artificial intelligence is changing nearly every sector of the global economy and many aspects of our public and private lives. And as artificial intelligence technology races ahead, its political, legal, and ethical considerations cannot be left undiscussed. Last Tuesday, as part of the A. Alfred Taubman Forum on Public Policy, James Baker, Susan Hennessey, and Scott Tousley joined John Allen at the Brookings Institution to discuss the opportunities AI offers and the challenges it presents to security.

Direct download: Episode_322.mp3
Category:general -- posted at: 8:38pm EDT

This week, Justice Department Inspector General Michael Horowitz released a gigantic report on the FBI's handling of the Clinton emails matter/investigation during the 2016 election cycle. On Friday, Benjamin Wittes got together with Quinta Jurecic, Lawfare's managing editor; Carrie Cordero, former Justice Department official and Lawfare contributor; and Marty Lederman of Just Security and the Georgetown Law School, to talk about the whole report.

Direct download: OIG_Mixdown_June2018.mp3
Category:general -- posted at: 10:10pm EDT

On Tuesday, in Singapore, after doubts about whether the Summit would happen, President Trump met for several hours with North Korean Leader Kim Jong Un, culminating in a joint declaration between the two heads of state. Just after the declaration dropped, North Korea experts Mira Rapp-Hooper, a senior fellow at Yale's Paul Tsai China Center, and Steph Haggard, a professor at UC San Diego, joined Benjamin Wittes to help make sense of the news. They talked about the substance of the Summit, how it impacts the U.S.'s security alliances in the Asia Pacific, and what might come next for the U.S.-North Korea relationship.

Direct download: MiraHooper_June2018_mixdown.mp3
Category:general -- posted at: 7:40pm EDT

Economic welfare and national security have never been mutually exclusive, but trade has factored into the national security discourse prominently in recent days, with the administration announcing tariffs on steel and aluminum imports in the name of national security, the backlash from American allies, and the current standoff with China. On Thursday, June 7, Shannon Mercer sat down with Megan Reiss, senior national security fellow with the R Street Institute, and Soumaya Keynes, economics and trade correspondent at The Economist, to discuss the ins and outs of trade law and how Trump is using it.

Direct download: ShannonMercer_Mixdown_June2018.mp3
Category:general -- posted at: 12:56pm EDT

Former FBI agent and Army officer Clint Watts has spent years hunting down terrorists and Russian disinformation on the Internet in his spare time. In his new book, Messing with the Enemy: Surviving in a Social Media World of Hackers, Terrorists, Russians, and Fake News, Watts documents what he learned from his experience. On Monday, he sat down with Benjamin Wittes in the Jungle Studio for a conversation about how terrorists, cybercriminals, and nation-states use online media platforms to influence people’s social and political perceptions. They talked about how Watts began tracking disinformation, what he saw, and what free societies can do to protect against it.

Direct download: ClintWatts_June2018_mixdown.mp3
Category:general -- posted at: 7:06pm EDT

The Committee on Foreign Investment in the United States (CFIUS) plays an essential role in advising the president on how to exercise his or her authority to block foreign investments that might let the U.S.'s adversaries acquire sensitive American technology or intellectual property. A bipartisan proposal in Congress aims to expand CFIUS's powers. On Thursday, the Center for Strategic and International Studies convened a panel of Dov Zakheim, a former Pentagon official; Ivan Schlager, Partner, Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates; Nova Daly, Senior Public Policy Adviser, Wiley Rein LLP; and CSIS Vice President James Andrew Lewis, to talk about CFIUS and how it might change under the new law.

Direct download: CSIS_June2018_mixdown.mp3
Category:general -- posted at: 9:51pm EDT

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