The Lawfare Podcast

Tensions in the Middle East are at a high point. Over the weekend, large Saudi oil facilities were attacked. The Yemeni Houthis jumped in to claim responsibility. Secretary of State Mike Pompeo blamed Iran. President Trump tweets that the U.S. is 'locked and loaded' and ready for potential response. But what has actually happened in the Arabian Peninsula? What does the future hold for conflict between the Saudis and the Iranians? And what role will the United States have?

To talk it all through, Benjamin Wittes spoke with Gregory Johnsen, a researcher on Yemen and Middle East conflict; Suzanne Maloney, a Brookings senior fellow whose research centers on Iran; Samantha Gross, a fellow in the Cross-Brookings Initiative on Energy and Climate; and Scott R. Anderson, a fellow at the Brookings Institution and senior editor at Lawfare. They talked about what we know about what happened over the weekend, the geopolitical context for the attack, potential American responses, and the legal authorities that could justify American military action.

Direct download: Episode_453.mp3
Category:general -- posted at: 10:13pm EDT

Amid all of the legislative disfunction from Congress, a consensus of sorts is emerging on the need for privacy legislation. Between European pressure, data breaches, and scandals associated with social media manipulation by foreign actors, the idea of some kind of comprehensive privacy legislation has gone mainstream over the last couple of years.

But while people agree over the idea of privacy legislation in theory, the substance of that legislation (that is, what a privacy bill would actually do) is fiercely contested. To explore these competing visions of what we're trying to do when we talk about comprehensive privacy legislation, Benjamin Wittes moderated a live panel discussion in the Falk Auditorium at the Brookings Institution, with David Hoffman, associate general counsel and global privacy officer at Intel Corporation; Sally Greenberg, executive director of the National Consumers League; Cam Kerry, distinguished visiting fellow at Brookings and former general counsel and acting secretary of the U.S. Department of Commerce during the Obama administration; and Lydia Parnes, partner at Wilson Sonsini, where she chairs the privacy and cybersecurity practice, and former director of the Bureau of Consumer Protection at the FTC.

Direct download: Episode_452.mp3
Category:general -- posted at: 12:01am EDT

The lengthy August recess has come to a close, and Congress is back. We have an impeachment investigation, we have an expanded scope of that investigation, we have confrontations between the executive branch and the legislature, and we have all of the other work Congress is supposed to do—like budget issues and a National Defense Authorization Act. Molly Reynolds and Margaret Taylor sat down with Benjamin Wittes to talk about it all. They talked about what we should call the impeachment "whatever-it-is" that the House Judiciary Committee is doing, who will be forced to testify, what courts are going to rule and when, and whether any normal congressional business will get done.

Direct download: Episode_451.mp3
Category:general -- posted at: 9:55pm EDT

This summer has been a tumultuous one inside the U.S. State Department. In August, the department’s Office of the Inspector General handed down a scathing report alleging political manipulation and abusive practices inside the department’s International Organization bureau—only one of a series of similar allegations. At the same time, a number of career State Department officials ranging from assistant secretaries to the rank-and-file have resigned due to alleged complaints and disagreements with Trump administration officials and policies.

To dig into these developments and consider what they might mean for the State Department’s present and future, Scott R. Anderson spoke with reporters Colum Lynch and Robbie Gramer of Foreign Policy magazine, and Lawfare’s Margaret Taylor, who is a fellow alumnus of the State Department’s Office of the Legal Advisor and former Democratic Counsel for the Senate Foreign Relations Committee.

Direct download: Episode_450-1.mp3
Category:general -- posted at: 12:23am EDT

5G telecommunications networks are beginning to be rolled out in the United States and around the world. We've heard a lot about the national security concerns posed by Chinese companies like Huawei getting a foothold in 5G networks. We're told it is important to win the race to 5G, that China is aggressively deploying 5G technology, and that the United States and the West are lagging behind. But is this the right way to think about the security challenges posed by 5G? What would it really take to deploy 5G in ways that adequately address the cybersecurity concerns posed by this new technology?

Margaret Taylor sat down with former Chairman of the Federal Communications Commission and Brookings scholar Tom Wheeler, to discuss these issues and his new article on why 5G requires new approaches to cybersecurity.

Direct download: Episode_449.mp3
Category:general -- posted at: 12:00pm EDT

It’s April 18, 2019, Attorney General Bill Barr summons reporters to the Department of Justice in Washington DC. Robert Mueller’s report is about to be released. Before the press and the public finally see the document for themselves, Barr wants a chance to tell his own version of the story it contains. But is the bottom line according to Barr the same as the bottom line according to Robert Mueller? We’ll let you decide.

Previous episodes have told the story of the factual findings of the Mueller report—what did investigators figure out about what happened? And what were the questions they couldn’t fully answer? Conducting the investigation is one part of the Special Counsel’s job: collecting evidence and assembling a record. But the investigation actually supports Mueller’s larger responsibility: he must reach a set of legal conclusions about the evidence his team has found. The Special Counsel needs to decide which parts of the story laid out in Volume One of the Report amount to prosecutable crimes.

This episode covers those decisions. Where does Mueller decide to bring charges? And when he doesn’t, is that because he thinks nothing improper or possibly criminal occurred? Or is it because he finds that the evidence just isn’t sufficient to prove things beyond a reasonable doubt? Here’s what the Mueller Report says about how the Special Counsel’s office made these decisions.

Direct download: The_Report_Ep_VII_Charging_Decisions_Definitive_Final_Copy.mp3
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Janet Napolitano served as the secretary of homeland security from 2009–2013. Before that, she was attorney general of the State of Arizona and the governor of that state. Since 2013, she has served as the president of the University of California system. More recently, she is the author of "How Safe Are We? Homeland Security Since 9/11."

David Priess spoke with Secretary Napolitano by phone to talk about the whole range of issues that Homeland Security encompasses. They talked about some of the things that she tried to do that didn't work, some of the things she did that she thinks worked pretty well, and some of the things she thinks that this administration could be doing better.

Direct download: Episode_448.mp3
Category:general -- posted at: 12:01am EDT

On August 5, the Indian government announced that it was revoking “special status” for the states of Jammu and Kashmir, enshrined in Article 370 of its constitution. Since then, the government has instituted a lockdown in the Kashmir valley, hundreds of people have been detained, there have been mass protests, and tens of thousands of Indian troops have been deployed to the region. Professor Christine Fair of Georgetown University’s Security Studies Program sat down with Benjamin Wittes to discuss Article 370, its history, and the current state-of-play in the region.

Direct download: Episode_447.mp3
Category:general -- posted at: 8:02pm EDT

It’s December 29, 2016. The Obama administration announces that it’s imposing sanctions on Russia, as punishment for election interference. Michael Flynn has been tapped to become Trump’s national security advisor when the new administration takes office in January, but it’s still the transition period. Flynn is taking a few days vacation at the beach, when he sees the news. He grabs his phone and texts the transition team at Mar a Lago. He writes “Tit for tat with Russia not good” and says that the Russian ambassador, Sergey Kislyak is reaching out to him today. Flynn calls Kislyak and asks that Russia not escalate in response to the sanctions. Apparently, it works. The next day, in a surprise move, Putin says that Russia won’t retaliate. Trump tweets, “Great move on delay (by V. Putin). I always knew he was very smart.”

In the sixth episode, we tell the stories of Russian policy outreach to the Trump campaign, a story that begins during the campaign and accelerates after Trump unexpectedly wins the presidency in November 2016. The story of the Russian efforts to reset relations with the incoming administration begins with a policy speech Trump delivers at a hotel in Washington D.C.; it runs through a resort at a remote island in the Indian Ocean; it runs through the U.N. Security Council, Mar a Lago and the Dominican Republic, and it ends with the president’s national security adviser resigning in disgrace.

Direct download: Ep_6_The_report.mp3
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In a recent white paper, the organization Protect Democracy makes the case that President Trump has used the powers of the presidency, federal resources, and intimidating rhetoric to manipulate election outcomes in the United States. The paper argues that the answer to this behavior is congressional action and offers recommendations for legislation on six issues ranging from preventing voter intimidation to requiring campaigns to disclose offers of financial assistance. Jessica Marsden, counsel for Protect Democracy, sat down to discuss it all with Benjamin Wittes.

Direct download: Episode_446.mp3
Category:general -- posted at: 1:05am EDT

David Priess sat down with Michael Desch, Professor of International Relations at the University of Notre Dame and the director of the Notre Dame International Security Center, to discuss Michael's new book, "Cult of the Irrelevant: The Waning Influence of Social Science on National Security." They discussed the different roles of social science in the policymaking process and the value of academic scholarship for policymakers. They also talked about the history of the relationship between the national security community and academia and about how to bridge the gap between these two worlds.

Direct download: Episode_445.mp3
Category:general -- posted at: 9:11pm EDT

It’s the morning of April 25, 2016. At a hotel in London, a Maltese professor meets with a young foreign policy adviser to the Trump campaign. The two have been in touch over the past few weeks; the professor has been helping the young man connect with Russian officials. Now, over breakfast, the professor lets him in on a secret. On a recent trip to Moscow, high-level government officials told him that the Russians have “dirt” on Trump’s opponent. What was the “dirt” in question? “Emails,” he says. They have “have thousands of emails.”

This is the fifth episode of our narrative audio documentary, The Report, which tells the story Robert S. Mueller lays out in his famous 448-page document. This is the story of three men associated with the Trump campaign: George Papadopoulos, Carter Page and Paul Manafort.

Direct download: 1565960982080-da633b8f2c537163d86a0cf9cacaf7d8.mp3
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Andrew Beck Grace and Chip Brantley are the creators of the NPR podcast audio documentary White Lies, which deals with the murder of Rev. James Reeb in Selma, Alabama, during the Civil Rights Era. The podcast is an incredible historical investigation of an episode that many people had forgotten, and resonates remarkably in contemporary discussions of domestic terrorism, white supremacist violence, and many other things we're still talking about today.

Benjamin Wittes talked with Andrew and Chip about how to tell the story of a murder that happened a long time ago, the FBI's role in investigating the crime at the time (what they did badly, and what they did right), and what it all says about terrorism today.

Direct download: Episode_444.mp3
Category:general -- posted at: 12:01am EDT

Sasha O'Connell is Executive in Residence in the School of Public Affairs at American University, as well as AU's director of the Terrorism and Homeland Security Policy Masters program. She also had a long career at the FBI where she served in a variety of strategic management positions. She was basically the FBI's Chief Strategy Officer.

She joined Ben Wittes in the Jungle Studio to talk about what it takes to turn a ship like the FBI when it comes to issues like IT, technology, and investigative focus—like changing an organization to focus on terrorism and then noticing that you also have to focus on cybersecurity. And they talked about how to make an organization like the FBI think about recruiting diversity.

Direct download: Episode_443.mp3
Category:general -- posted at: 7:07pm EDT

The fourth episode of Lawfare’s narrative audio documentary, The Report, which tells the story Robert S. Mueller lays out in his famous 448-page document. 

This is the story of two Trump Towers, one in Moscow and one in New York. While Donald Trump was assuring Americans that he had no business in Russia, Mueller describes how he was simultaneously endeavoring to build a skyscraper with his name on it in Russia’s capital. And he describes as well the now infamous Trump Tower meeting in Manhattan, where Russians offered to give the candidate “dirt” on Hillary Clinton.

Episode 1 covers the Russian social media campaign and the activities of the Internet Research Agency. Episode 2 focuses on the Russian hacking operation; the stealing of documents and emails from the Democratic National Committee, Democratic Congressional Campaign Committee and figures associated with the Clinton campaign; and the leaks of the stolen materials timed to affect the U.S. election. The second episode tells the story of the GRU operations, the Russian attempts to cover their tracks, and the involvement of Wikileaks and Julian Assange. Episode 3 covers the Trump campaign’s involvement in the distribution of hacked materials. 

In the fourth episode, we take on two aspects of Volume I of the Mueller report that both involve Trump Towers. The first is the ill-starred effort to build a Trump Tower Moscow, which began long before the campaign and continued—notwithstanding repeated statements to the contrary by the candidate, his family, and hist campaign—through the spring of 2016. The second is the so-called Trump Tower meeting in July 2016, when a group of Russians met with Trump campaign officials offering “dirt” on Hillary Clinton—and the campaign welcomed them.

This episode features Anthony Cormier, Jason Leopold, Julia Ioffe and Quinta Jurecic.

We continue to be delighted by the reception to this podcast series. We hope people continue to engage at such a high level with the material we putting together. Please continue to subscribe, rate, and share it widely.

We are grateful to the William and Flora Hewlett Foundation and the Democracy Fund for their support for this project. If you want to support work of this type at Lawfare, please consider becoming a monthly donor by clicking here:

Support Lawfare

Direct download: 1565356476675-17510f4850040460f5124f27f9557e5c.mp3
Category:general -- posted at: 3:00pm EDT

The United Kingdom has a new Prime Minister. It also has a looming cliff it is careening toward and about to leap off of on Halloween of this year.

This week, Benjamin Wittes sat down with his Brookings colleague Amanda Sloat to talk about all things Brexit. They talked about the new British Prime Minister Boris Johnson (and his hair), and his views on Brexit. They compared him to his American counterpart (and his hair). They talked about the deadlock between Britain and the European Union. And they talked about the way the Brexit debate plays out in American politics.

Direct download: Episode_442.mp3
Category:general -- posted at: 12:01am EDT

Over the years, presidents have used different language to describe the withholding of information from Congress. To discuss the concept of "executive privilege," Margaret Taylor sat down with Mark Rozell, the Dean of the Schar School of Policy and Government at George Mason University, and the author of "Executive Privilege: Presidential Power, Secrecy and Accountability," which chronicles the history of the executive privilege in its many forms since the founding of the United States. They talked about what executive privilege is, what is new in the Trump administration's handling of congressional demands for information, and what it all means for the separation of powers in our constitutional democracy.

Direct download: Episode_441.mp3
Category:general -- posted at: 9:17pm EDT

While Trump campaign officials engaged with the Russian social media manipulation operation as unwitting dupes, the story of the Trump campaign’s involvement with the GRU email hacking operation is more complicated.

Episode three is entitled "The Campaign and the Leaks." It covers the Trump campaign involvement in the distribution of hacked materials. No American took part in the actual Russian hacking of Democratic emails, but when it came to actually releasing the stolen emails, the story is more complicated. First, the Trump campaign and associates had a number of direct and indirect interactions with Wikileaks about releases of stolen materials. And second, in what may be the most bizarre escapade of the entire Mueller report, the Trump campaign, including Trump himself, set out on a wild goose chase to get probably-fake Clinton emails from probably fake Russian hackers—even as real Russian hackers were busily releasing real Clinton campaign emails.

In this episode we also tackle a section of Mueller’s report that is largely redacted in order o prevent harm to the ongoing prosecution of Roger Stone. As listeners will see, a great deal of what is behind those redactions can be gleaned from court filings in the Stone case, as well as from the special counsel’s draft plea agreement which Jerome Corsi declined to agree to and instead publicly leaked. 

This episode features Shane Harris, Julia Ioffe, Quinta Jurecic, Mark Mazetti and Matt Tait.

We are grateful to the William and Flora Hewlett Foundation and the Democracy Fund for their support for this project. If you want to support work of this type at Lawfare, please consider becoming a monthly donor by clicking here:

Support Lawfare

Direct download: The_Report_Ep_3.mp3
Category:general -- posted at: 3:00pm EDT

Mary Ann Glendon is the chair of the Commission on Unalienable Rights, announced by Secretary Pompeo on July 8, 2019, to great controversy. The commission was charged with examining the bases of human rights claims and the extent to which they are or are not rooted in the American rights tradition. The response of the human rights community was swift and fierce, with a lot of skepticism, a lot of anger, and a lot of criticism.

Mary Ann Glendon, the Learned Hand Professor of Law at Harvard Law School, sat down with Jack Goldsmith to discuss the commission, what it is and isn't looking at, and why examining the root bases of human rights claims is a worthwhile endeavor for a State Department commission.

Direct download: Episode_440.mp3
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Few nations have a history with the United States that is as complicated as that of the Republic of Iraq. Today, several factors, including the Trump administration's campaign of maximum pressure against Iraq's neighbor Iran, are putting entirely new pressures on this relationship, one that many believe remains essential to maintaining regional security.

To help examine these dynamics and what they might mean, Scott R. Anderson spoke with Ambassador Douglas A. Silliman, the new president of The Arab Gulf States Institute in Washington, who from 2016 to early 2019 served as the United States ambassador in Baghdad.

Direct download: Episode_439.mp3
Category:general -- posted at: 7:37pm EDT

In the 1950s and 1960s, the Central Intelligence Agency had a major problem. The streets of Moscow were a virtually impossible operating environment due to heavy KGB surveillance and other operational difficulties. Through a series of trial and error, and a whole lot of ingenuity, along came the "Moscow rules," a series of technical advancements in the area of disguise and communications technology, and some different operating tradecraft that allowed CIA case officers to get the information they needed from Soviet sources to help the Cold War stay cold.

Jonna Mendez is a former CIA Chief of Disguise, who is also a specialist in clandestine photography. Her 27-year career, for which she earned the CIA's Intelligence Commendation Medal, included operational disguise responsibilities in the most hostile theaters of the Cold War, including Moscow, and also took her into the Oval Office. She is the co-author, with her late husband Tony Mendez, of "The Moscow Rules: The Secret CIA Tactics that Helped America Win the Cold War." David Priess spoke with Jonna about the experiences that she and her husband had at CIA, evolving the Moscow Rules, and applying these new disguises and technologies in the service of national security.

Direct download: Episode_438.mp3
Category:general -- posted at: 12:01am EDT

Last week, we released the first episode of this narrative audio documentary, which tells the story Robert S. Mueller lays out in his famous 448 page document. This week, Mueller testified before the House of Representatives in what many people hoped would be hearings that brought the document to life. Whatever role Mueller’s testimony may or may not have played in that regard, we are pleased to bring you the second episode of our effort to bring the Mueller Report into narrative form.

Episode 2 focuses on the Russian hacking operation, the stealing of documents and emails from the DNC, DCCC and figures associated with the Clinton campaign, and the leaks of the stolen materials timed to impact the US election. The episode tells the story of the GRU operations, the Russian attempts to cover their tracks, and the involvement of Wikileaks and Julian Assange.

It features Thomas Rid, Ben Buchanan, and Laura Rosenberger.

We are grateful to the William and Flora Hewlett Foundation and the Democracy Fund for their support for this project. 

Direct download: The_Report_Ep_2.mp3
Category:general -- posted at: 11:20am EDT

On Wednesday, former special counsel Robert S. Mueller III testified before the House Judiciary and Intelligence Committees. There was plenty of repetition and plenty of pontification. So we cut all that out to just bring you the testimony that you need to hear. Not only that, but—in both committees—the Democratic and Republican members advanced very different narratives about the Mueller report and investigation. Listening to the questions alternate between the two sides almost gave the audience a sense of whiplash. So we’ve done something a little different for this “No Bull” Podcast, we’ve combined all of the Democratic no-bull questions into one segment and the Republican no-bull questions into another. 

So here are the Democratic members of the House Judiciary and Intelligence Committees questioning Robert Mueller. 

Direct download: Mueller_Democrats_mixdown_1.mp3
Category:general -- posted at: 5:40pm EDT

On Wednesday, former special counsel Robert S. Mueller III testified before the House Judiciary and Intelligence Committees. There was plenty of repetition and plenty of pontification. So we cut all that out to just bring you the testimony that you need to hear. Not only that, but—in both committees—the Democratic and Republican members advanced very different narratives about the Mueller report and investigation. Listening to the questions alternate between the two sides almost gave the audience a sense of whiplash. So we’ve done something a little different for this “No Bull” Podcast, we’ve combined all of the Democratic no-bull questions into one segment and the Republican no-bull questions into another. 

So here are the Republican members of the House Judiciary and Intelligence Committees questioning Robert Mueller. 

Editor’s Note: During Rep. Martha Roby’s questioning, there are four seconds of audio missing due to a technical error in the House of Representatives recording. 

Direct download: Mueller_Republicans_mixdown.mp3
Category:general -- posted at: 5:32pm EDT

Former special counsel Robert S. Mueller III testified on Wednesday before the House Intelligence and Judiciary Committees. Following the hearing, Lawfare brought together Jim Baker, Bob Bauer, Susan Hennessey and Margaret Taylor for a conversation hosted by Benjamin Wittes. They talked about the testimony, what it means for Congress, and President Trump, and they talked about Mueller’s legacy as he leaves the scene.

Direct download: MuellerTestimony_Cast_mixdown_1.mp3
Category:general -- posted at: 10:49pm EDT

Finally, this week, former FBI director Robert Swan Mueller III will testify in front of the House Judiciary and Intelligence Committees about the findings from his work as Special Counsel investigating the Russian government's efforts to interfere in the 2016 election as well as any coordination or links between the Russian government and individuals associated with the Trump campaign. To preview this testimony, David Priess spoke with Molly Reynolds, Margaret Taylor, and Benjamin Wittes.

Direct download: Episode_437.mp3
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Jack Goldsmith sat down in Cambridge, Massachusetts, to have a conversation with former Secretary of Defense Ash Carter. They talked about Carter's time as head of the Pentagon, the challenges of conveying national security threats to the American public, the Obama administration's response to the rise of the Islamic State, offensive cyber operations, and the role of lawyers in defense policy. They also discussed Carter's new book, "Inside the Five-Sided Box: Lessons from a Lifetime of Leadership in the Pentagon."

Direct download: Episode_436.mp3
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For the past several weeks, a group of us has been working on a project to tell the story of the Mueller Report in an accessible form. The Mueller Report tells a heck of a story, a bunch of incredible stories, actually. But it does so in a form that’s hard for a lot of people to take in. It’s very long. It’s legally dense in spots. It’s marred with redactions. It’s also, shall we say, not optimized for your reading pleasure.

Various folks have made efforts to make the document easier to consume: the report is now an audiobook; it’s been staged as a play; there have been live readings. We took a different approach: a serialized narrative podcast.

The extended network of writers, experts, lawyers, and journalists around Lawfare represents a unique body of expertise in the public conversation of the issues discussed in the report. So we teamed up with Goat Rodeo, a podcast production group in Washington, to use that group of people as a lens through which to tell the story contained in the report. The first episode, entitled “Active Measures,” is now out and covers the Russian social media campaign and the activities of the Internet Research Agency.

It features Alina Polyakova, Clint Watts, John Sipher, and Thomas Rid.

Direct download: Part_I.mp3
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Larry Diamond, a senior fellow at Stanford University’s Hoover Institution, has spent the last forty years studying democracy. Over the last few years, he’s observed democratic values begin to crumble to political pressure, while authoritarianism is on the rise. Diamond sat down with Benjamin Wittes to discuss his latest book “Ill Winds: Saving Democracy from Russian Rage, Chinese Ambition, and American Complacency,” in which he charts the rise of illiberal leaders across six continents, including our own; the growing influence of China and Russia; and how the election of Donald Trump has affected all of this. Diamond argues that, to curb rising despotism, the United States must reclaim its role as an ardent defender of global democracy. To lighten the conversation a bit, they also discussed places where democratic values have seen a resurgence.

Direct download: Episode_435_final.mp3
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Our friends from the National Security Institute at George Mason University stopped by earlier this week for their 3rd edition of Faultlines, to discuss a slew of U.S. foreign policy challenges. Lester Munson, Jodi Herman, and Dana Stroul, all former Senate Foreign Relations Committee staffers, as well as Matthew Heiman, an NSI senior fellow and experienced international and national security attorney, talked about Iran, the G20, North Korea, and what other U.S. foreign policy issues they are watching.

Direct download: Episode_434.mp3
Category:general -- posted at: 12:01am EDT

President Trump has declared that he will fight “all the subpoenas” coming from Congress and has claimed “absolute immunity” for White House advisors. In doing so, he has brought the issue of congressional oversight of the executive branch to the front pages.

To talk about that very issue, Margaret Taylor sat down with Austin Evers, the executive director of American Oversight, a non-profit government accountability watchdog; and Michael Stern, who served for many years as the Senior Counsel to the U.S. House of Representatives. Stern is the founder of the Point of Order blog, which covers legal issues affecting Congress. They talked about pending oversight litigation, the House of Representatives’ strategy, how the Trump administration is responding, and if any of this is normal.

Direct download: Episode_433.mp3
Category:general -- posted at: 9:16pm EDT

Benjamin Wittes sat down with Dan Byman, senior fellow at the Brookings Institution's Center for Middle East Studies and Lawfare's foreign policy editor, to discuss his new book, "Road Warriors: Foreign Fighters in the Armies of Jihad." Recent terrorist attacks perpetrated by foreign fighters of the Islamic State have highlighted the urgent need to address this phenomenon. In his book, Byman traces the history of the jihadist foreign fighter movement, beginning with the Soviet invasion of Afghanistan in 1979, through the wars in Chechnya and Bosnia, its role in terrorism throughout the 1990s, 9/11, and the wars since. The book also discusses how the United States and European nations have worked to counter the effects of this movement, and how states might combat the problem of foreign fighters moving forward.

Direct download: Episode_432.mp3
Category:general -- posted at: 12:01am EDT

Early this week, about 200 protestors broke into and occupied the seat of Hong Kong's legislative assembly. The protests began with a controversial law about extradition to mainland China. That law was withdrawn but the protestors remain. There are hundreds of thousands of them—a small number of them violent.

Today we ask: WTF, Hong Kong? To answer that question, Benjamin Wittes spoke with Alvin Cheung, an expert on Hong Kong's legal system based at New York University, and Sophia Yan, the China correspondent for The Telegraph in London who has been covering the Hong Kong protests (Lawfare Podcast listeners also know her for her musical prowess). They talked about where Hong Kong is now, what's really behind the demonstrations, where the anger is coming from, and where it's all going.

Direct download: Episode_431.mp3
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We don't usually do humor on The Lawfare Podcast, but this week, Benjamin Wittes sat down with Mike Chase, whom you probably know better on Twitter as @CrimeADay, the long-time anonymous Twitter feed that tweets out one fact pattern a day that violates some combination of the criminal law and the code of federal regulations.

Mike has now outed himself, and he has a new book: "How to Become a Federal Criminal: An Illustrated Handbook for the Aspiring Offender." Ben and Mike chatted about the super wacky laws and wacky fact patterns in the book, the Twitter feed, and all those national security crimes you never knew you were violating.

Direct download: Episode_430.mp3
Category:general -- posted at: 12:01am EDT

Benjamin Wittes sat down with Mike O'Hanlon who writes on military affairs and foreign policy, and has been a senior fellow at the Brookings Institution for a long time. His latest book is "The Senkaku Paradox: Risking Great Power War Over Small Stakes." The title says it all. It's about the places in the world that are the potentially most explosive flashpoints over the least important U.S. interests. It's about the places in the world where we are treaty-bound to go to war to protect trivia. And, it's about thinking creatively about how to handle low-stakes questions in a high-stakes world.

Direct download: Episode_429.mp3
Category:general -- posted at: 10:17pm EDT

Errol Morris is a celebrated documentarian whose films have covered an array of topics in law and national security. They include "The Fog of War," which won an Oscar for its account of Robert McNamara's role in and lessons from the Vietnam War, and "The Unknown Known," which told the story of the political career of Defense Secretary Donald Rumsfeld. Morris most recently directed "American Dharma," a documentary profile of former Trump strategist Steve Bannon. Earlier this year, Morris sat down with Jack Goldsmith for a conversation about those three films.

They talked about what interested Morris about McNamara, Rumsfeld, and Bannon; why Morris believed each of them agreed to be interviewed by him; and much more.

Direct download: Episode_428.mp3
Category:general -- posted at: 12:01am EDT

It's getting ugly in the Persian Gulf: Iran allegedly attacks two oil tankers. It announces that it's going to violate the JCPOA, the so-called Iran nuclear agreement. There's talk of military strikes. Europe is edgy, and the Secretary of State is on Sunday talk shows being edgier still.

Benjamin Wittes sat down with Suzanne Maloney and Scott R. Anderson to talk it all through. They talked about whether the AUMF covers Iran, why Iran is doing this stuff, whether the Trump administration brought this all on itself, and where it's all going from here.

Direct download: Episode_427.mp3
Category:general -- posted at: 8:45pm EDT

Russian and Chinese leaders understand that they’re unlikely to win a shooting war with the United States, but they have other ways to challenge Western interests, turning our greatest strengths—open societies, dominance of technology on Earth and in space, and military innovation—into weaknesses.

CNN anchor and chief national security correspondent Jim Sciutto calls it “the shadow war,” and it’s the subject of his new book of the same name. David Priess sat down with Jim to talk about these asymmetric threats to national security, and what the United States and its allies can do to fight back.

Direct download: Episode_426.mp3
Category:general -- posted at: 12:01am EDT

More than two years after the 2016 presidential election, new information continues to seep into the public about the extent of Russia's sweeping and systematic efforts to interfere in the U.S. democratic process. With the 2020 presidential election on the horizon, last week, Stanford's Cyber Policy Center published a report on securing American elections, including recommendations on how the U.S. can protect elections and election infrastructure from foreign actors.

On Monday, Susan Hennessey spoke with two of the report's authors: Alex Stamos, director of the Stanford Cyber Policy Center's Internet Observatory and former Chief Security Officer of Facebook, and Nate Persily, Stanford law professor and expert on election administration. They talked about what happened in 2016, and the enormously complex landscape of defending not just election infrastructure but also preserving the integrity of the information ecosystems in which Americans make their decisions about how to vote, including the possible consequences of regulating foreign media.

Direct download: Episode_425.mp3
Category:general -- posted at: 11:16pm EDT

In this episode of the special Culper Partners Rule of Law Series, David Kris and Nate Jones speak with John Bellinger.

John is one of the country's foremost experts in international law. His career has included the private practice of law and more than a decade in the federal government, as both a career official and a political appointee. From 2001–2005, John served in the White House under George W. Bush as legal advisor to the National Security Council and as senior associate counsel to the president. From 2005–2009, he served as a legal advisor to the Department of State, and in 2009, he returned to private practice at Arnold & Porter, where he heads the firm's public international law practice.

In his remarks, John expresses a profound anguish over assaults on the rules-based international order. We in the United States largely built this system, and we have benefitted enormously from it—some critics would say we've benefitted too much. And now we are tearing it down, to the delight of Russian President Putin and authoritarian leaders worldwide. It's a sobering conversation with one of America's foremost international lawyers.

Direct download: Episode_424.mp3
Category:general -- posted at: 12:01am EDT

In movies and TV shows like Zero Dark Thirty and Homeland, Hollywood has fictionalized the roles of intelligence officers in tracking down terrorists. But the truth is often filled with personal and political challenges beyond those that screenwriters imagine. Nada Bakos worked in several jobs at the CIA, including as a targeting officer focusing on the founder of Al-Qaeda in Iraq, Abu Musab al-Zarqawi. In her new book, 'The Targeter,' she describes the experiences and challenges she faced along the way.

Last week, David Priess got on the phone with Nada to talk about what a CIA targeting officer does, what it was like interrogating detainees in Iraq, and the difficulties she encountered in getting her book to print.

Direct download: Episode_423.mp3
Category:general -- posted at: 7:05pm EDT

The U.S. intelligence community is, by design, shrouded in secret, but it is ultimately responsible to the public. So how do intelligence agencies balance competing interests in protecting privacy and civil liberties, ensuring transparency and accountability, and safeguarding the country’s most sensitive secrets? To shed light on the subject, on Friday, Brookings hosted a conversation between Ben Huebner, Privacy and Civil Liberties Officer at the CIA, and Brookings Federal Executive Fellow Ryan Trapani, who previously served as a spokesman for the agency, who discussed how the CIA handles that dynamic. They talked about the job of the CIA’s privacy and civil liberties officers; the legal and regulatory regime that governs how the agency collects, handles, and uses data; and the privacy and security considerations that agency employees manage every day.

Direct download: Episode_422.mp3
Category:general -- posted at: 12:01am EDT

Susan Hennessey hosts Quinta Jurecic, David Kris, Paul Rosenzweig and Benjamin Wittes to discuss (now former) Special Counsel Robert Mueller's Wednesday press conference and what comes next.

Direct download: mueller_statement_mixdown.mp3
Category:general -- posted at: 4:57pm EDT

From the Washington Post’s February report that U.S. Cyber Command took a Russian disinformation operation offline on the day of the 2018 midterms to fight election interference, to the Pentagon’s announcement last year that it would take more active measures to challenge adversaries in cyberspace, recent news about cyber operations suggests they are playing an increasingly important role in geopolitics. So how should the public understand how the United States deploys its cyber tools to achieve its goals? To help answer that question, last month at the 2019 Verify Conference, the William and Flora Hewlett Foundation hosted a panel discussion featuring former CIA Deputy Director Avril Haines, former Pentagon chief of staff Eric Rosenbach, and New York Times national security correspondent David Sanger. They talked about how the U.S. projects power in cyberspace, the difficulties of developing norms to govern state behavior in that domain, and more.

Direct download: Episode_421.mp3
Category:general -- posted at: 8:17pm EDT

Our friends from the National Security Institute at George Mason University stopped by earlier this week to discuss U.S.-China relations. Lester Munson, Jodi Herman, Jameel Jaffer, and Dana Stroul, former Senate Foreign Relations Committee staffers who collaborated and sometimes competed with one another on the Committee, had a lively discussion about Huawei, cyber and tech security, the South China sea, and Uighur internment.

Direct download: Episode_420.mp3
Category:general -- posted at: 12:01am EDT

Chuck Rosenberg is a former U.S. Attorney, former senior FBI official, and the former acting head of the Drug Enforcement Administration. He is now an analyst with NBC News and MSNBC. He also has a podcast with MSNBC called The Oath with Chuck Rosenberg. The podcast draws its name from the Oath of Office, which many public servants take upon their entry into government service.

In the podcast, Chuck speaks with other former government officials about their careers, pivotal moments they witnessed in history, and what drew them to public service. He sat down with Benjamin Wittes this week to discuss his podcast, his career in government service, and his thoughts on the Oath of Office.

Direct download: Episode_419.mp3
Category:general -- posted at: 7:08pm EDT

Christine Fair is an expert on South Asian politics and extremist groups, and it's been a bad few weeks in Sri Lanka. A major terrorist attack, the largest since 9/11, hit multiple locations targeting Christians on Easter morning. The violence was different from the usual terrorism that rocks Sri Lanka from time to time, and Benjamin Wittes asked Christine to come in and talk us through it.

What's going on in the island nation? How does it map onto the history of ethnic tensions between Tamils and Sinhalese? And what does it mean for the future of Muslim extremism in South Asia?

Direct download: Episode_418.mp3
Category:general -- posted at: 12:01am EDT

Jared Cohen is the founder and CEO of Jigsaw and Alphabet Inc., who previously ran Google Ideas and served as a member of the Secretary of State's policy planning staff and as an advisor to Condoleezza Rice and Hillary Clinton. He is also the author of a new book on the presidency called, "Accidental Presidents: Eight Men Who Changed America." It describes the times in American history when a president has died in office, forcing eight other men, who are neither the voters' nor their party's choice, to confront unparalleled challenges. David Priess spoke with Jared recently about their stories and the lessons we can learn from their experiences.

Direct download: Episode_417.mp3
Category:general -- posted at: 9:21pm EDT

The Mueller report is out, all 448 pages of it, and its first volume tells a detailed story of Russian involvement in the 2016 U.S. presidential election. The report recounts the Internet Research Agency’s trolling and disinformation campaign. It explains the GRU’s hacking and email dissemination operation. And it details 100 pages of interactions between Trump campaign affiliates and Russian nationals. To better understand whether and to what extent the public should understand those interactions as part of a deliberate Russian operation to make contact with the Trump campaign, earlier this week, Benjamin Wittes spoke to John Sipher, who ran Russia operations for the CIA in Moscow. They talked about how Sipher read the Mueller report, the respective roles of the CIA and the FBI in counterintelligence investigations and operations, and whether an investigation like Mueller’s really had a chance of understanding the full scope of Russia’s intentions and activities in the 2016 election.

Direct download: Episode_416.mp3
Category:general -- posted at: 12:00am EDT

On May 10, the Brookings Institution hosted a public conversation between former FBI General Counsel Jim Baker, who is now the Director of National Security and Cybersecurity at the R Street Institute, and Brookings Senior Fellow Benjamin Wittes. The conversation was recorded live as a Bonus Edition of the Lawfare Podcast. The conversation covered how the FBI thought about the Russia investigation in those fateful months both before and after the president fired FBI Director James Comey. How did the president’s conduct toward the bureau impact the institution? How does it affect career public servants like Baker? And how does Baker feel now about the president and his conduct after reading the Mueller report?

Direct download: Jim_Baker_Podcast_4_mixdown.mp3
Category:general -- posted at: 1:07pm EDT

In this sixth episode of the special Culper Partners Rule of Law Series, David Kris and Nate Jones speak with former Deputy Attorney General Jamie Gorelick.

Jamie has had a career spanning the legal, policy, and corporate worlds, in and out of government. Currently a partner at WilmerHale, she has represented corporations and individuals in a wide array of matters, particularly in the regulatory and enforcement arenas. In government, she was one of the longest serving Deputy Attorneys General of the United States. Prior to that, she was the General Counsel at the Department of Defense. She serves and has served on numerous government boards and commissions, including the Defense Policy Board, and she was a member of the 9/11 Commission.

Jamie speaks with David and Nate about her years of experience as a lawyer in government and the private sector. She talks about the shame of current attacks on the rule of law and prosecutorial independence, her self-described "hawkish" views on when it's appropriate for the news media to publish classified information, and she describes a time when she was involved in a major dispute involving whether and to what extent the FBI should brief the White House on efforts by a foreign government to influence U.S. elections.

Direct download: Episode_415.mp3
Category:general -- posted at: 8:04pm EDT

On April 23, the Hoover Institution hosted the latest iteration of the Security by the Book series, where Jack Goldsmith interviewed Henry Farrell and Abraham Newman about their new book, “Of Privacy and Power, The Transatlantic Struggle Over Freedom and Security.” They talked about how the relationship between Europe and U.S. has changed in response to regulations and other government action in the security and privacy spheres on both sides of the Atlantic.

Direct download: sbtb_privacy_and_power_mixdown.mp3
Category:general -- posted at: 4:11pm EDT

Bill Galston, senior fellow at the Brookings Institution and domestic policy advisor in the Clinton White House, wrote his column this week in the Wall Street Journal arguing against impeachment in a fashion that sharply diverges from arguments made by others on Lawfare. He argues that polling data shows that an impeachment inquiry would be an irresponsible direction for anyone hoping to remove Trump from office. Benjamin Wittes sat down with Bill to discuss his column, as well as his recent book, "Anti-Pluralism: The Populist Threat to Liberal Democracy." 

They talked about populism as an international and domestic phenomenon, the role of economics and identity in driving populism internationally, and whether populisms of the left and right are symmetric issues or whether they present different ones.

Direct download: Episode_414.mp3
Category:general -- posted at: 12:24am EDT

Attorney General Bill Barr appeared before the Senate Judiciary Committee on Wednesday to discuss the Mueller report and the Justice Department’s wider efforts to investigate Russian interference in the 2016 election. The evening before the testimony, multiple outlets reported that Mueller had sent Barr a letter expressing concerns that the attorney general’s summary of the report’s conclusions “did not fully capture the context, nature, and substance” of the special counsel’s work. The hearing became contentious, and covered a wide array of topics ranging from Barr’s conduct to the Hillary Clinton email investigation. But we cut out all the unnecessary repetition and theatrics to leave you with just the questions and answers that you need to hear.
 
It's the Lawfare Podcast, Bonus Edition: Barr vs. the Committee with No Bull.
Direct download: Bill20Barr202_01volumemodified.mp3
Category:general -- posted at: 10:39am EDT

On January 17, 2019, BuzzFeed News reported a blockbuster. The headline reads, President Trump Directed His Attorney Michael Cohen To Lie To Congress About The Moscow Tower Project. It was a remarkable story, and within 24 hours of its publication, the Special Counsel's office had issued an unprecedented statement taking issue with it and describing unspecified components of it as "inaccurate." It wasn't clear at the time what parts of the story were inaccurate and how much of it was true, but in light of the actual Mueller report, we can now identify the parts of the story that had problems and the parts that did not.

The two reporters who wrote the story, Anthony Cormier and Jason Leopold, joined Benjamin Wittes by phone to do a kind of after-action report on the story. They discussed how they came to report what they reported, what parts of the story they stand by, what parts they think they messed up on, how the story was sourced, and what the discrepancy between the story and the Mueller report tells us about the conduct of Donald Trump.

Direct download: Episode_413.mp3
Category:general -- posted at: 8:31pm EDT

The action has shifted to Congress, the Mueller report is filed, and a blizzard of subpoena fights between the White House and various congressional committees is already underway. The president has sued a committee chairman, there's a question about whether Don McGahn will testify or whether the White House will exert executive privilege over it, and looming over it all is the question of how congressional Democrats and Republicans are thinking about impeachment.

Molly Reynolds and Margaret Taylor joined Benjamin Wittes in the jungle studio to focus on all things Congress. They talked about subpoenas, lawsuits, impeachment, and even the much-forgotten 'inherent contempt' power of Congress.

Direct download: Episode_412.mp3
Category:general -- posted at: 1:00am EDT

On April 23, Benjamin Wittes hosted a panel discussion at the Brookings Institution unpacking what we learned from the redacted version of the Mueller report. The panel featured Susan Hennessey, Chuck Rosenberg and Margaret Taylor. They discussed the factual record Mueller established on Russian interference and collusion, whether the president's conduct constitutes obstruction of justice and how Congress and the American people might react to the report. The full audio of the event is available here. 

Direct download: Brookings_Mueller_Event_mixdown.mp3
Category:general -- posted at: 5:05pm EDT

Michael Anton, former Trump administration national security official and a research fellow at Hillsdale College, has published an essay in Foreign Policy explaining what he calls the 'Trump Doctrine' on foreign policy. Recently Anton sat down with Jack Goldsmith to discuss the new article and the philosophy behind Trump's foreign policy, particularly with respect to liberal internationalism and international institutions.

They discussed the administration's foreign policy successes and failures, how it's similar to and different from prior administrations in substance and in rhetoric, and whether the president's style and aversion to diplomatic norms inhibits the substance of his foreign policy.

Direct download: Episode_411.mp3
Category:general -- posted at: 7:12pm EDT

In this fifth episode of the special Culper Partners Rule of Law Series, David Kris and Nate Jones speak with former senior White House and DOJ official Ron Klain.

Ron has served his country repeatedly, including in senior positions at the highest levels of all three branches of government. He has served as a law clerk to Supreme Court Justice Byron White, Chief Counsel of the Senate Judiciary Committee, Chief of Staff to Vice Presidents Joe Biden and Al Gore, and in that role, also served as a senior advisor to Presidents Barack Obama and Bill Clinton. He has worked on seven presidential campaigns, including the 2000 election between George W. Bush and then-Vice President Al Gore. Today, among other things, he is an adjunct professor at both Georgetown University and Harvard Law School.

Ron takes us on a trip down memory lane to discuss the hotly contested 2000 election, and in doing so, he shares his perspective on why he thinks the Supreme Court's decision departed from the rule of law. Ron also worries that our democracy is caught in a symbiotic downward spiral together with the rule of law. From active measures being deployed by foreign adversaries, to partisan political efforts to rig the system, Ron is concerned about the future.

Direct download: Episode_410.mp3
Category:general -- posted at: 10:25am EDT

A redacted version of the 448-page Mueller report dropped yesterday, and there’s a lot to say about it. In this Special Edition of the Lawfare Podcast, Bob Bauer, Susan Hennessey, Mary McCord, Paul Rosenzweig, Charlie Savage and Benjamin Wittes discuss what the report says about obstruction and collusion, Mueller’s legal theories and what this all means for the president and the presidency.

Direct download: update_Special_Edition_Mueller_Report_20190419T174332.381451_mixdown.mp3
Category:general -- posted at: 5:43pm EDT

The Justice Department released on Thursday morning a redacted version of Special Counsel Robert Mueller’s report. The Mueller team divided the report into two volumes: one on Russian interference and potential coordination with the Trump campaign, and the other exploring the president’s conduct in relation to the investigation. Each volume features its own executive summary, chronicling the investigation’s central findings and conclusions. On this special edition episode of the Lawfare Podcast Benjamin Wittes reads those executive summaries in full. It’s a Mueller Report instant audio-book.

Direct download: Mueller_Report_Summary_mixdown.mp3
Category:general -- posted at: 3:36pm EDT

Since November, Lawfare Contributor Michelle Melton has run a series on our website about Climate Change and National Security, examining the implication of the threat as well as U.S. and international responses to climate change. Melton is a student a Harvard Law school. Prior to that she was an associate fellow in the Energy and National Security Program at the Center for Strategic and International Studies, where she focused on climate policy.

She and Benjamin Wittes sat down last week to discuss the series. They talked about why we should think about climate change as a national security threat, the challenges of viewing climate change through this paradigm, the long-standing relationship between climate change and the U.S. national security apparatus, and how climate change may affect global migration.

Direct download: Episode_409.mp3
Category:general -- posted at: 9:38pm EDT

Julian Mortenson, Professor of Law at the University of Michigan, is the author of a remarkable new article entitled "Article II Vests Executive Power, Not the Royal Prerogative," forthcoming in the Columbia Law Review, and available on SSRN. 

Recently, Benjamin Wittes spoke with the professor about the article, which Mortenson has been working on for years—as long as the two have known each other. The article explores the history of exactly three words of the U.S. Constitution—the first three words of Article II, to be precise: "the executive power."

Huge claims about presidential power have rested on a conventional understanding of these three words. Julian argues that this conventional understanding is not just partially wrong, or mostly wrong, but completely wrong, as a matter of history. And, he tries to supplant it with a new understanding that he argues is actually a very old understanding of what those words mean.

Thanks to our sponsor Blinkist. Get your 7-day free trial at blinkist.com/lawfare.

Direct download: Episode_408.mp3
Category:general -- posted at: 12:01am EDT

On Thursday morning, Susan Hennessey spoke to former FBI director James Comey about encryption, China, Attorney General Bill Barr's comments to the Senate about the opening of the Russia investigation, and more.

Direct download: comey_verify_mixdown.mp3
Category:general -- posted at: 3:05pm EDT

Attorney General Bill Barr announced on Wednesday, April 10, that the Mueller report will be released next week. While we wait for the release, Quinta Jurecic and Benjamin Wittes have written a "Memo to the Press: How Not to Screw Up on the Mueller Report." Jurecic and Wittes argue that the press got lost in the confusion of Barr's letter to Congress announcing the special counsel's top-line conclusions, and they offer nine principles for how to "[do] better the second time." You can listen to Quinta Jurecic read that article in the latest edition of the Lawfare Podcast Shorts

Direct download: Memo_to_the_Press_Podcast_mixdown.mp3
Category:general -- posted at: 4:16pm EDT

Our friends at the National Security Institute at George Mason University came over last week to have a discussion in our podcast studio about Yemen and the U.S.-Saudi alliance. Four former Senate Foreign Relations Committee staffers who worked with and sometimes at odds with each other participated. The conversation was moderated by Lester Munson, former Staff Director of the Committee under Chairman Bob Corker, and it included Jodi Herman, former Staff Director of the Committee under Ranking Member Ben Cardin; Jamil Jaffer, Founder and Executive Director of the National Security Institute and former Chief Counsel and Senior Advisor with the Committee under Chairman Bob Corker; and Dana Stroul, former Democratic senior staffer on the Senate Foreign Relations Committee for the Middle East.

Direct download: Episode_407.mp3
Category:general -- posted at: 6:11pm EDT

In this fourth episode of the special Culper Partners Rule of Law series, David Kris and Nate Jones speak with former White House Counsel Kathy Ruemmler.

Prior to her White House service, Kathy served as the Principal Associate Deputy Attorney General at the Department of Justice, as an Assistant U.S. Attorney in Washington, DC, and on the Enron task force. Earlier in her career, Kathy was an Associate Counsel to President Bill Clinton, where she defended the White House and the Office of the President in independent counsel and congressional investigations.

Kathy spoke with David and Nate about her service as President Obama's White House Counsel and how her experience at the Department of Justice instilled in her a deep respect for the rule of law, including limits on interactions between the White House and DOJ concerning particular investigations and other matters. She has grave concerns about the inherent conflict facing President Trump's subordinates, who must remain faithful to the rule of law while trying to carry out the legitimate policy goals of the elected president. She is not optimistic that this can be done, and she raises the question of whether those who remain have compromised to the point of enabling the president's misconduct.

Direct download: Episode_406.mp3
Category:general -- posted at: 9:31pm EDT

Back in February, we hosted Bill Harlow and Marie Harf, two former public affairs officers at the Central Intelligence Agency, to discuss how the CIA interacts with reporters on sensitive national security topics. For this episode, we thought it only fair to turn that around and also talk about how it's seen on the other side.

Mary Louise Kelly is a voice familiar to many as an anchor of All Things Considered on NPR. She previously spent a decade as national security and intelligence correspondent for NPR News after working for CNN and the BBC. Shane Harris, in addition to co-hosting the Rational Security podcast, now covers intelligence and national security for The Washington Post, after writing about the same for outlets like The Wall Street Journal, Daily Beast, and National Journal.

David Priess recently sat down with Mary Louise and Shane to discuss the challenges of covering national security, to address myths about the intelligence beat, and, unsuccessfully, to uncover their sources.

Direct download: Episode_405.mp3
Category:general -- posted at: 5:49pm EDT

There's a special relationship between the United States and the United Kingdom, but with Brexit and the erratic presidency of Donald Trump, it hasn't exactly been business as usual between the two countries. Or has it?

British Ambassador to the United States, Sir Kim Darroch, sat down with Benjamin Wittes last week to talk about the alliance, particularly in moments of uncertainty for both countries. They talked briefly about Brexit, but they mostly discussed other key areas of mutual cooperation, like counterterrorism in the Middle East, countering Russian aggression, and what to do about a rising China.

Thanks to our sponsor Blinkist. Get your 7-day free trial at blinkist.com/lawfare

Direct download: Episode_404.mp3
Category:general -- posted at: 1:29pm EDT

From 1989 to early 2017, Sue Biniaz was the lead climate lawyer and a climate negotiator at the State Department. She was also a key architect of the Paris Agreement on Climate Change, a UN-negotiated agreement designed to mitigate global warming, which went into effect in November 2016. In June 2017, President Trump announced his intention to withdraw the United States from the agreement.

Sue sat down with Lawfare's Jack Goldsmith to talk about the early days of U.S. and international climate action, how the Paris Agreement came into force and the predecessor agreements that gave rise to it, how it was supposed to operate, and what impacts Trump's actions have had on international climate policy.

Direct download: Episode_403.mp3
Category:general -- posted at: 5:50pm EDT

Special Counsel Robert Mueller sent his report to Bill Barr on Friday, and the attorney general sent a letter to Congress on Sunday detailing the principal conclusions of the Mueller report. Benjamin Wittes talks about it all with Lawfare Executive Editor Susan Hennessey, former senior Justice Department official Carrie Cordero and former assistant attorney general for national security David Kris. 

Direct download: Lawfare_Special_Edition_mixdown.mp3
Category:general -- posted at: 6:23pm EDT

In this third episode of the special Culper Partners Rule of Law series, David Kris and Nate Jones speak with former Senator Saxby Chambliss, who served as a senator from Georgia from 2003–2015, and in the House of Representatives from 1995–2003.

During his tenure in the Senate, he was a member of the Senate Armed Services Committee, as well as the Senate Select Committee on Intelligence, where he served as Vice Chairman from 2011–2014. His previous role as Chairman of the House Intelligence Subcommittee on Terrorism and Homeland Security made him one of the leading congressional experts on those issues.

They talked about the history of the congressional intelligence committees, the significance of election interference, and the proper penalties for lying to Congress. Chambliss also described what it was like to serve on the Senate Intelligence Committee, even describing a particular situation that is apparently still classified and undisclosed, as well as revealing whom he considers to be the best legislator he ever knew.

Direct download: Episode_402.mp3
Category:general -- posted at: 8:46pm EDT

Demographic, technological, and geostrategic developments are disrupting the electoral landscape in sub-Saharan Africa. How do these shifts affect the political climate for democracy and participation across Africa? What have recent elections in Nigeria illustrated about these? And what about the clash between China and the United States in Africa?

To explore these questions, David Priess spoke with Judd Devermont, director of the Africa program at the Center for Strategic and International Studies, host of the Into Africa podcast, and former national intelligence officer for Africa from 2015 to 2018.

Direct download: Episode_401.mp3
Category:general -- posted at: 6:06pm EDT

It’s Robert Mueller as you’ve never heard him before.

We have something special for you on the podcast today. Something very different.

The Mueller report is coming. We all know that. We don’t know what’s going to be in it. We don't know when it's showing up. 

But Bob Mueller has already told a remarkable story. He’s told it scattered through different court filings in a variety of cases, indictments, plea agreements, stipulations of fact. We decided to distill it, to organize it, to put it all in one place, to tell the story of the Russia investigation orally, to let a remarkable group of speakers read the speaking indictments that Mueller has issued.

So here’s the story of the Russia conspiracy, distilled to a brief audiobook in seven chapters. What you’re about to hear is all taken nearly verbatim from actual Bob Mueller filings. We’ve cut a lot, moved stuff around, and changed a few words here and there to make it sound more like a narrative. We have changed the meaning not at all. 

Direct download: speaking_indictments_podcast_mixdown.mp3
Category:general -- posted at: 3:58pm EDT

Bill Browder, human rights campaigner and foe of Vladimir Putin, seems to get arrested whenever he travels abroad as a result of red notices and diffusion orders issued by Putin through the Interpol police organization. These incidents have highlighted the abuse of Interpol by authoritarian governments, and they raise a really important question: Should we be participating in an international police organization with governments that use that organization to harass and arrest their enemies?

On this episode of The Lawfare Podcast, Benjamin Wittes speaks with two people with somewhat different points of view, although a lot of common ground: Bill Browder himself, along with Jago Russell, the head of Fair Trials, which has worked to reform Interpol and make it less susceptible to abuse. Bill argues for kicking the bums out and having police cooperation only between countries that observe civilized norms of law enforcement. Jago makes the case for mending, not ending, an inclusive international police organization.

Direct download: Episode_400.mp3
Category:general -- posted at: 8:08pm EDT

As the nation braces for the forthcoming end of special counsel Robert Mueller's investigation into President Trump and his associates, The Lawfare Podcast decided to take a look back at the complete history of special prosecutors.

Benjamin Wittes sat down with Andrew Coan, a professor of law at the James E. Rogers College of Law at the University of Arizona. Coan recently published "Prosecuting the President," which traces the history of how special prosecutors and counsels work to keep the executive branch accountable for its actions. Ben and Andrew discussed the book, the Teapot Dome Scandal, the Whiskey Ring, and what all of that might mean for the future of special counsels.

Direct download: Episode_399.mp3
Category:general -- posted at: 7:43pm EDT

For the past year, Matt Waxman has been writing Lawfare vignettes about interesting—and usually overlooked—historical episodes of American constitutional war powers in action, and relating them to modern debates. These include the stories of St. Claire’s Defeat and the Whiskey Rebellion during the Washington administration, congressional war powers and the surprisingly late termination of World War I, the proposed Ludlow Amendment during the interwar years, and Eisenhower’s Taiwan force authorization.

Ben Wittes invited Matt on the podcast to talk about them and how they fit together into a book broader project he's embarking on. If you’re tired of hearing the usual war powers debates, listen in. And even if you think you know a lot about constitutional war powers, you’ll learn a lot.

Direct download: Episode_398.mp3
Category:general -- posted at: 9:27pm EDT

On Tuesday, Susan Hennessey interviewed FBI Director Chris Wray at the 2019 RSA Conference. They discussed about how the Director views the cyber threat landscape 18 months into his term, his concerns about the threats posed by Russia and China, what the FBI is doing to protect the 2020 elections, and more.

Direct download: wray_short.mp3
Category:general -- posted at: 4:28pm EDT

Political trends in recent years have seen a rise of right-leaning nationalism and populism around the globe, including in the United States. What are the sources of nationalism, and what are its effects on modern politics?

On this episode, Lawfare founding editor and Harvard law professor Jack Goldsmith sits down with John Judis, editor-at-large at Talking Points Memo and author of "The Nationalist Revival." They discussed Judis’s book, including the necessity of nationalism in developed democracies, why right-wing nationalist and populist movements seem to be winning out over those on the left, and how Donald Trump successfully raised the profile of nationalist politics in the United States.

Direct download: Episode_397.mp3
Category:general -- posted at: 8:03pm EDT

It's hard to open a newspaper or turn on the television without hearing about the dysfunction and partisan polarization affecting members of Congress. But what about their staffs, and what does that mean for national security?

This week, Margaret Taylor sat down with seemingly unlikely partners: Luke Murry, National Security Advisor to Republican House Minority Leader Kevin McCarthy, and Daniel Silverberg, National Security Advisor to Democratic House Majority Leader Steny Hoyer. They spoke about security issues facing this Congress, what staffers do on a day-to-day basis, and how the two of them actually work together.

Direct download: Episode_396.mp3
Category:general -- posted at: 10:07pm EDT

On Wednesday, Michael Cohen—the former executive vice president of the Trump Organization, former deputy finance chairman of the Republican National Committee, and former personal lawyer to Donald Trump—paid a visit to the House Committee on Oversight and Reform. Cohen accused the president of campaign finance violations after taking office. He alleged that he was present when Roger Stone gave Trump advance notice of the WikiLeaks dump of the hacked DNC emails. And he claimed that the president's statements in a meeting with Jay Sekulow led Cohen to conclude that the president wanted Cohen to make false statements to Congress. So we cut out all of the bickering, all of the procedural obstructions, and all the rest of the frivolity, to bring you just the one hour of testimony you need to hear. 

Direct download: Cohen_Bonus_Ep.mp3
Category:general -- posted at: 11:04pm EDT

In this second episode of the special Culper Partners Rule of Law Series, David Kris and Nates Jones, the founders of the Culper Partners consulting firm, speak with Eric Holder, who served as the 82nd Attorney General of the United States from 2009 to 2015.

Holder shares his perspective on the proper functioning of the Department of Justice, the balance between independence and political accountability, and a distinction between the role of the Attorney General as the chief prosecutor on the one hand and as legal advisor to the president, and sometimes to the National Security Council, on the other. He also remembers his own experience with congressional oversight and gives a frank assessment of how oversight is functioning today. He also critiques the two OLC opinions against indicting a sitting president, and he offers predictions about the Mueller report and his own upcoming decision on whether he will run for president.

Direct download: Episode_395.mp3
Category:general -- posted at: 10:27pm EDT

Each year, the International Institute for Strategic Studies (IISS) in London publishes The Military Balance, an annual assessment of the military capabilities and defense economics of 171 countries around the world. Last week, Benjamin Wittes sat down with Bastian Giegerich, director of defense and military analysis for IISS, who leads the research and publication of The Military Balance, which has just come out for 2019.

They discussed Chinese military modernization, global defense spending and how it's changing around the world, Russia's violations of the Intermediate-Range Nuclear Forces Agreement, NATO, and cyber.

Direct download: Episode_394.mp3
Category:general -- posted at: 10:30pm EDT

It’s looking more and more like Robert Mueller’s special counsel investigation is finally reaching an end. The regulations under which he is operating require Mueller to write and submit a final, confidential report to the attorney general. Who, in turn, must then decide when and how much of the report to release to Congress and the public. No one outside of the Justice Department knows what will be in the report, which  makes this the perfect to set ground rules regarding how people should engage this material, regardless of their political affiliations or view of the L’Affaire Russe scandal. Today, Susan Hennessey, Quinta Jurecic, Benjamin Wittes and I detailed what, we believe, those ground rules should be. In the latest edition of the Lawfare Podcast Shorts, you can listen to that article in-full, read by one of the authors, Susan Hennessey.

Direct download: 4_Principles_Shorts_mixdown.mp3
Category:general -- posted at: 7:21pm EDT

The Central Intelligence Agency, by its very nature, is a secretive organization, yet it has a robust public affairs and media relations operation. How does the agency resolve this tension? How do its employees, from the director of the CIA to the officers needed to assist in this effort, deal with the difficult questions of how open to be? To find out, David Priess sat down with Bill Harlow and Marie Harf, two former CIA officers who were in the middle of it all.

Direct download: Episode_393.mp3
Category:general -- posted at: 2:57pm EDT

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.

Direct download: 392a_mixdown.mp3
Category:general -- posted at: 9:15am EDT

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.

Direct download: Episode_391.mp3
Category:general -- posted at: 7:43pm EDT

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.

Direct download: Lawfare_Bonus_Ep_Whitaker.mp3
Category:general -- posted at: 9:49am EDT

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.

Direct download: Episode_390.mp3
Category:general -- posted at: 12:07am EDT

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.

Direct download: Episode_389.mp3
Category:general -- posted at: 10:37pm EDT

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.

Direct download: Chuck_Roseberg_Shorts_2.mp3
Category:general -- posted at: 5:07pm EDT

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.

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Direct download: Episode_388.mp3
Category:general -- posted at: 11:19am EDT

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.

Direct download: Shorts_1_31_19_mixdown_3.mp3
Category:general -- posted at: 2:07pm EDT

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.

Direct download: no_bull_intel_chiefs_mixdown.mp3
Category:general -- posted at: 2:52pm EDT

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.

Direct download: Episode_387.mp3
Category:general -- posted at: 4:46pm EDT

On a flight recently, Benjamin Wittes read a book that knocked his socks off: "The Rhetorical Presidency" by political scientist Jeffrey Tulis. While written in 1987, the book seems to anticipate our current president.

Ben got on the phone with Jeffrey Tulis to talk about the book, how the speaking style of presidents changed from the Founding era through the 19th century and into the 20th century, and how the hyper-rhetorical style of Donald Trump, where he's talking all the time, is really an extension of developments that had been going on all through the 20th century.

Direct download: Episode_386.mp3
Category:general -- posted at: 9:18pm EDT

It's a new year with a new Congress, and the Democrats now control the House of Representatives. But how will that change affect the state of play for national security legal issues? To find out, Benjamin Wittes spoke last Friday with Brookings senior fellow and expert on all things Congress, Molly Reynolds, and Brookings fellow, Lawfare senior editor, and former Chief Democratic Counsel for the Senate Foreign Relations Committee, Margaret Taylor.

They talked about the dynamics of a divided legislature, what committees Lawfare Podcast listeners should keep an eye on, and how the new chairs of certain committees will affect key issues in national security law.

Direct download: Episode_385.mp3
Category:general -- posted at: 10:51pm EDT

Ian Bassin served in the White House Counsel's office under President Obama. At the dawn of the Trump administration, he became the impresario behind the litigating organization Protect Democracy, which has become an increasingly cross-ideological mechanism for using litigation to protect democratic values. Benjamin Wittes sat down with Ian to talk about the differences between Protect Democracy and more traditional litigating organizations, what sort of projects they do take on, and what sort of projects they don't take on. And they talked about the role litigation can and cannot play in preserving the norms that make democracy vibrant.

Direct download: Episode_384.mp3
Category:general -- posted at: 9:11pm EDT

Bill Barr spent Tuesday testifying before the Senate Judiciary Committee on his nomination to take over the reins of the Justice Department as attorney general, a role he previously held during the George H.W. Bush administration. Barr spent more than eight hours before the senators. But on this episode of the Lawfare Podcast, we cut out all the BS: No repeated questions, no repeated answers, no ums, no uhs. And we took out everything except the national security questions, leaving you just the questions and responses about Lawfare topics that you want to hear.

Direct download: barr_mixdownTHISONE.mp3
Category:general -- posted at: 8:10am EDT

Benjamin Wittes talks to Carrie Cordero, Chuck Rosenberg, David Kris, Jack Goldsmith and Susan Hennessey about the New York Times's report that the FBI opened a counterintelligence investigation of Donald Trump after the president fired Director James Comey in May 2017.

Direct download: NYT_CI_investigation_emergency_podcast_mixdown_levelsfixed.mp3
Category:general -- posted at: 5:02pm EDT