The Lawfare Podcast

John Bridgeland, Executive Chair & CEO of More Perfect & former Director of the White House Domestic Policy Council & National Service Czar, joins Kevin Frazier, Senior Research Fellow in the Constitutional Studies Program at the University of Texas at Austin and a Tarbell Fellow at Lawfare, to examine America’s general preparedness for a large-scale conflict and its culture of service (or lack thereof). The two also discuss ongoing efforts to reform and expand military, national, and public service opportunities.National Commission on Military, National, and Public Service Report: https://docs.house.gov/meetings/AS/AS00/20210519/112680/HHRG-117-AS00-Wstate-HeckJ-20210519-SD001.pdfTo receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.

At a recent conference co-hosted by Lawfare and the Georgetown Institute for Law and Technology, Fordham law professor Chinny Sharma moderated a conversation on "Old Laws, New Tech: How Traditional Legal Doctrines Tackle AI,” between NYU law professor Catherine Sharkey, Ohio State University law professor Bryan Choi, and NYU and Cornell Tech postdoctoral fellow Kat Geddes.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.

From April 9, 2016: This week on the podcast, we welcome Eric Schwartz, the Dean of the Hubert H. Humphrey School of Public Affairs at the University of Minnesota. Schwartz previously served as U.S. Assistant Secretary of State for Population, Refugees, and Migration. In our conversation, he sketches the key aspects of U.S. refugee policy, explaining how it both protects the security of the United States and at times undermines its ability to accept refugees. Schwartz, who believes the United States has an interest in alleviating the Syrian refugee crisis, outlines what a coherent refugee policy would look like, and argues that the reforms must go beyond simply accepting more refugees.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.

Carmen Medina defies simple description. She spent more than 30 years at the CIA, rising to the leadership team of the Directorate of Intelligence, despite her iconoclasticism and vociferous evangelism of new technologies. Since retiring more than a decade ago, she has co-written a book about rebelling within bureaucracy--and advocated the exploration of precognition for intelligence purposes.She joined David Priess for a wide and deep conversation about her analytic and managerial career, the process and pitfalls of analytic coordination, cooperation between US and UK intelligence, the CIA's incorporation of publish-when-ready technology in the late 1990s, the downside of extensive editorial review of analytic products, the importance of including more intuition in intelligence analysis, why precognition should be taken seriously, and more.Works mentioned in this episode:The book Rebels At Work by Lois Kelly and Carmen MedinaThe book Thinking, Fast and Slow by Daniel KahnemanThe article by Carmen Medina, "The Potential of Integrating Intelligence and Intuition," Cipher Brief, June 10, 2022.The book American Cosmic by D. W. PasulkaThe book Orbiting the Giant Hairball by Gordon MacKenzieThe book How To Be a Renaissance Woman by Jill BurkeThe book 1177 B.C.: The Year Civilization Collapsed by Eric ClineThe book The Infidel and the Professor by Dennis RasmussenThe book The Ministry of Time by Kaliane BradleyThe book The Chronoliths by Robert Charles WilsonChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.

From July 31, 2023: This past week, the House Oversight Subcommittee on National Security, the Border, and Foreign Affairs held a spirited hearing on an unusual topic: Unidentified Aerial Phenomena, or UAPs, the more correct term for what are commonly called UFOs, or Unidentified Flying Objects. The witnesses included two military veterans who claimed to have borne eyewitness to UAPs, and an intelligence community whistleblower who claims to have heard secondhand from contacts about a range of government activity relating to extraterrestrials, including the recovery of alien remains and crashed aircraft. Perhaps unsurprisingly, the witnesses’ testimony has triggered an array of strong reactions, from outright scorn and disbelief to an array of boosters eager to tie it into their own worldviews and conspiracy theories. To talk through the revelations at this hearing and the debate over UAPs more broadly, Lawfare Senior Editor Scott R. Anderson sat down with veteran Washington Post national security reporter Shane Harris, who has closely followed the debate over UAPs for many years. They talked about how the witnesses’ testimony fits into the broader universe of reports relating to UAPs, what parts reflect serious policy problems and which don't, and how to separate the wheat from the chaff in the broader UAP debate.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.

On today's podcast, Lawfare Executive Editor Natalie Orpett talks with Michael Posner, a professor of business and human rights at New York University, about the landmark verdict last month in Al-Shimari v. CACI. The case involved claims against a government contractor for its role in the abuse of prisoners at the Abu Ghraib detention facility in Iraq in 2004. It became the first case of its kind to make it to trial—and now a jury has returned a verdict finding the company liable and imposing $42 million in damages. They discuss how the case will affect private companies, government contractors, and the future of human rights litigation. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Please note that this episode contains content that some people may find disturbing. Listener discretion is advised. 

From April 14, 2023: Over the past few years, TikTok has become a uniquely polarizing social media platform. On the one hand, millions of users, especially those in their teens and twenties, love the app. On the other hand, the government is concerned that TikTok's vulnerability to pressure from the Chinese Communist Party makes it a serious national security threat. There's even talk of banning the app altogether. But would that be legal? In particular, does the First Amendment allow the government to ban an application that’s used by millions to communicate every day?On this episode of Arbiters of Truth, our series on the information ecosystem, Matt Perault, director of the Center on Technology Policy at the University of North Carolina at Chapel Hill, and Alan Z. Rozenshtein, Lawfare Senior Editor and Associate Professor of Law at the University of Minnesota, spoke with Ramya Krishnan, a staff attorney at the Knight First Amendment Institute at Columbia University, and Mary-Rose Papendrea, the Samuel Ashe Distinguished Professor of Constitutional Law at the University of North Carolina School of Law, to think through the legal and policy implications of a TikTok ban.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.

From June 15, 2021: A spree of stories has emerged over the last week or so that the Justice Department under the prior administration obtained phone and email records of several journalists, several members of Congress and staffers, and even family members. It has provoked a mini scandal, calls for investigation, howls of rage and serious questions. To discuss it all, Benjamin Wittes sat down with Gabe Rottman of the Reporters Committee for Freedom of the Press, former FBI agent Pete Strzok, Lawfare senior editor Quinta Jurecic and Berkeley law professor and Lawfare contributing editor Orin Kerr. They talked about what we really know about these stories and what happened in these investigations. Was it all legal? Was it legitimate? How should it be investigated and by whom? And what does it mean that none of the prior attorneys general or deputy attorneys general seem to remember it?To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.

Adam Thierer, Senior Fellow for the Technology & Innovation team at R Street, joins Kevin Frazier, Senior Research Fellow in the Constitutional Studies Program at the University of Texas at Austin and a Tarbell Fellow at Lawfare, to examine a lengthy, detailed report issued by the Bipartisan House Task Force on AI. Thierer walks through his own analysis of the report and considers some counterarguments to his primary concern that the report did not adequately address the developing patchwork of state AI regulations.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.