The Lawfare Podcast

Will McCants, a Senior Fellow at Brookings and the Director of the Project on US Relations with the Islamic World, comes on the podcast to discuss ISIS’s involvement in the recent spate of terrorist attacks across the globe. To what extent has ISIS really been involved in these attacks? How does their involvement reflect a change in strategy or a response to recent territorial losses? And how does group that presents itself as a caliphate continue to exist without controlling any land?

It’s the Lawfare Podcast Episode #179: Will McCants on “A Caliphate Without A Caliphate.”

Direct download: Episode_179.mp3
Category:general -- posted at: 4:26pm EDT

FBI Director James Comey faced the House Oversight and Government Reform Committee this week for live long hours over the Clinton email investigation. We hacked it down to 90 minutes. Just the questions. Just the answers. None of the crap. 

Direct download: Episode_178.mp3
Category:general -- posted at: 6:40am EDT

Assistant Attorney General John Carlin has a new law review article on a "whole of government" and "all-tools" approach to national security cyber threats. He sat down with Benjamin Wittes this week to discuss the article and the progress the government has made in confronting bad cyber actors internationally.

Direct download: Episode_177.mp3
Category:general -- posted at: 2:38pm EDT

Department of Justice Computer Crimes Prosecutor Mona Sedky discusses the sextortion cases she has prosecuted and the meaning and danger of this new kind of crime.

Direct download: Episode_176.mp3
Category:general -- posted at: 9:07am EDT

Fred Kaplan joins Benjamin Wittes at a Hoover Book Soiree to discuss "Dark Territory: The Secret History of Cyber War."

Direct download: Episode_175.mp3
Category:general -- posted at: 11:55am EDT

Suzanne Spaulding, Under Secretary for the National Protection and Programs Directorate at the Department of Homeland Security, joins Lawfare's Benjamin Wittes for interview on cybersecurity and the role of DHS is cyberdefense in front of a live a audience.

Direct download: Episode_174.mp3
Category:general -- posted at: 2:48pm EDT

The Iran deal adopted in July 2015 was an effort not only to prevent Iran from acquiring nuclear weapons but also to avert a nuclear arms competition in the Middle East. But uncertainties surrounding the future of the agreement, including the question of what Iran will do when key restrictions on its nuclear program expire after 15 years, could provide incentives for some of its neighbors to keep their nuclear options open. A Brookings panel--including Robert Einhorn, Richard Nephew, Suzanne Maloney, Amb. Youssef Al Otaiba of the UAE, and Derek Chollet of the German Marshall Fund--discuss a new report on the deal's implementation.

Direct download: EPISODE_173.mp3
Category:general -- posted at: 2:24pm EDT

This week, the American Bar Association hosted a panel discussion on “Achieving More Transparency about Secret Intelligence Programs”, which along with Lawfare's Carrie Cordero, featured comments from Alexander Joel of Office of the Director of National Intelligence and Rachel Brand and the Privacy and Civil Liberties Oversight Board. The panel explores recent calls for greater transparency, and examines whether recently adopted principles go far enough. Can an entity oriented towards secrecy by nature operate effectively in an environment of transparency? And just how much more transparent can intelligence agencies be without enabling legitimate targets to avoid surveillance?

Direct download: Episode_172--Carrie_Cordero_ABA_Panel.mp3
Category:general -- posted at: 7:02pm EDT

Four years ago, Anwar al Awlaki—an American citizen—was killed in an American drone strike in Yemen, marking the first targeted killing of a U.S. citizen by the U.S. government. While the attack occurred almost four years ago, the legality, morality and prudential nature of the strike, and others like it that occur nearly daily in a scattershot of countries around the world, remain a subject of much debate. 

Last week, Jefferson Powell joined Lawfare’s Jack Goldsmith at the May Hoover Book Soiree for a discussion of Targeting Americans: The Constitutionality of U.S. Drone War, a new book that takes a deep look into the constitutionality of the programPowell is a Professor of Law at Duke University, and over the hour, he argues that the killing of Anwar al Awlaki under the 2001 AUMF was constitutional, but that the Obama administration’s broader claims of authority are not. He also asserts that American citizens acting as combatants in al Qaeda are not entitled to due process protections. Yet constitutional claims should not be confused with what is moral, or indeed, what is legal under international norms. Those answers, Powell suggests, must be examined through means other than constitutional law.

 

Direct download: Episode_171--Jeff_Powell_Targeting_Americans.mp3
Category:general -- posted at: 1:33pm EDT

This week on the show, Zachary Goldman and Samuel Rascoff of the NYU Center on Law and Security came on the show to discuss their new edited volume, “Global Intelligence Oversight: Governing Security in the Twentry-First Century.” The book’s contributors take a comparative approach to examining trends in intelligence oversight. And Zach and Sam join Lawfare’s Benjamin Wittes and Bobby Chesney---yes, that same Bobby Chesney, back from the Zombie Apocalypse---to tease out the book’s chapter’s on the role of transnational oversight, the changing nature of judicial oversight, and how the executive too can create intelligence accountability.

*Correction: The voice at the beginning of the podcast is that of Zach Goldman and not Sam Rascoff as indicated.*

Direct download: Episode_170--Sam_Rascoff_and_Zach_Goldman.mp3
Category:general -- posted at: 4:23pm EDT