Wed, 27 February 2019
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
Tue, 26 February 2019
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
Fri, 22 February 2019
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
Thu, 21 February 2019
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
Tue, 19 February 2019
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
Sat, 16 February 2019
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
Tue, 12 February 2019
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
Sun, 10 February 2019
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
Sat, 9 February 2019
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
Tue, 5 February 2019
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
Mon, 4 February 2019
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
Sat, 2 February 2019
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