The Lawfare Podcast (general)

It's been a long and stressful week on the domestic front, so we at the Lawfare Podcast are bringing you a podcast on a cheerier subject: the looming crisis on the Korean Peninsula. Benjamin Wittes sat down with Mira Rapp-Hooper, Senior Fellow with the Asia-Pacific Security Program at the Center for a New American Security, to chat about the recent series of escalating North Korean missile tests and the crisis we're all being distracted from. 

 
 
Direct download: Episode_227.mp3
Category:general -- posted at: 10:49am EDT

It has been, to put it mildly, a busy week. So perhaps we shouldn't be surprised that when Benjamin Wittes sat down with former attorney general to President George W. Bush Michael Mukasey and former Obama White House Counsel Neil Eggleston this morning at a Federalist Society panel on the unitary executive, Mukasey and Eggleston made some news of their own—pointedly criticizing the Trump White House's recent handling of the Russia investigation and the dismissal of FBI Director James Comey. Now we're bringing you audio of the panel on a special edition of the Lawfare Podcast, featuring Mukasey and Eggleston's expert thoughts on recent news events as well as their considerations of the state of the unitary executive. 

Direct download: Episode_226.mp3
Category:general -- posted at: 12:10am EDT

This afternoon, the Washington Post broke a major story: Donald Trump disclosed highly classified material to the Russian ambassador and Foreign Minister in the Oval Office last week, compromising a highly sensitive counterterrorism program run by an allied intelligence service. This evening, we got former DNI General Counsel Robert Litt on the line for a discussion with Susan Hennessey and Benjamin Wittes of the latest mess. Litt helped coordinate and manage the intelligence community's response to the Edward Snowden revelations, so he knows a little something about responding to massive intelligence disclosures. We talked about how bad the disclosure may be, what the remedies for it are, and what we still don't know. 

Direct download: Episode_225.mp3
Category:general -- posted at: 11:08pm EDT

It’s been a long week, so after our special emergency edition on the firing of FBI Director James Comey, the Lawfare Podcast is coming to your rescue with an episode that has nothing at all to do with the crisis at the FBI. Instead, take a listen to Jack Goldsmith’s interview of Mark Moyar at the Hoover Book Soiree about Moyar’s new book, Oppose Any Foe: The Rise of America’s Special Operations Forces. The conversation delves into the history of special operations forces and how they’ve been used and misused over time.

Direct download: Episode_224.mp3
Category:general -- posted at: 1:04pm EDT

The sound quality is, well, substandard, and we apologize for that. But people on Twitter were asking for an emergency podcast on FBI Director James Comey's firing today, and we put together an incredible group to discuss the day's events. In a recorded conference call this evening, we heard from—in addition to the two of us—Jack Goldmith, who knows a little something about confrontations between the White House and Justice Department officials; Carrie Cordero, who knows a little something about national security investigations (having served at NSD for years); and Paul Rosenzweig, who knows a little something about special prosecutor investigations (having served under Independent Counsel Kenneth Starr). By the time you listen to this, it may be out of date, but we're confident it's the best discussion you'll hear on the subject tonight.

Direct download: Episode_223.mp3
Category:general -- posted at: 11:07pm EDT

Three months into the Trump presidency, where does the relationship between the President and the intelligence community stand? Donald Trump is no longer quite so regularly combative in his tweets and public comments about the various intelligence agencies, but the White House-intelligence community relationship is still far from normal under this very unusual presidency. Here to ponder the question are former NSA and CIA director General Michael Hayden, former acting and deputy director of CIA John McLaughlin, and former deputy national security advisor for combating terrorism Juan Zarate, who spoke with the Washington Post’s David Ignatius in a recent event at the Aspen Institute.

Direct download: Episode_222.mp3
Category:general -- posted at: 11:53am EDT

Four years on, the cultural differences between Europe and the United States exposed by Edward Snowden’s disclosures of NSA surveillance programs still loom large in transatlantic relations. At our most recent Hoover Book Soiree, Benjamin Wittes sat down with Russell Miller—editor of a new volume on Privacy and Power: A Transatlantic Dialogue in the Shadow of the NSA-Affair— and Ralf Poscher—who, along with Ben, contributed a chapter to the book—to chat about privacy and surveillance oversight post-Snowden.

Direct download: Episode_221.mp3
Category:general -- posted at: 11:09am EDT

Over the past year, Lawfare has expended a great deal of ink on the problem of sextortion, a form of online sexual assault in which perpetrators obtain explicit images or video of their victims and use those images to extort further explicit content. We even brought Mona Sedky, a Justice Department prosecutor who focuses on sextortion cases, onto the podcast to discuss her work. Now, we’re pleased to feature Mona on the podcast once again with audio of her talk last week at George Washington University Law School on prosecuting sextortion.

If you’re interested in reading our Brookings Institution reports on sextortion, you can find them here and here.

Direct download: Episode_220.mp3
Category:general -- posted at: 11:14am EDT

As our dependence on cyberspace increases, so too will the urgency of crafting good cybersecurity policy—but the combination of knotty problems in the realms of both technology and law often makes these issues particularly difficult to iron out. In this episode of the podcast, Susan Hennessey sits down with Trey Herr, Fellow with the Belfer Center's Cyber Security Project at the Harvard Kennedy School; Jane Chong, Deputy Managing Editor of Lawfare and National Security and Law Associate at the Hoover Institution; and Robert M. Lee, nonresident national cybersecurity fellow at New America, to chat about a new book on the subject: Cyber Insecurity: Navigating the Perils of the Next Information AgeCo-edited by Trey and Richard Harrison, Director of Operations and Defense Technology Programs at the American Foreign Policy Council, and with chapters by Jane and Robert, the book seeks provides a practitioner's roadmap to cybersecurity policy.

Direct download: Episode_219.mp3
Category:general -- posted at: 11:07am EDT

At the Third Triple Entente Beer Summit, the usual Rational Security gang (Shane Harris, Benjamin Wittes, Tamara Cofman Wittes, and Susan Hennessey) joins up with Stewart Baker and Michael Vatis of the Steptoe Cyberlaw Podcast to discuss airstrikes in Syria, the misadventures of Devin Nunes, and Steve Bannon's ouster from the National Security Council. Plus, in Object Lessons, Stewart recommends Secondhand Time by Svetlana Alexievich and Shane does some sleuthing. 
 
Direct download: Episode_218.mp3
Category:general -- posted at: 1:18pm EDT