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The Lawfare Podcast

The Generals vs. the Armed Services Committee with No Bull

Last Thursday, the Senate Armed Services Committee held an open hearing that reviewed U.S. Cyber Command's and Special Operation Command's Defense Authorization Requests for fiscal year 2022. The committee heard open testimony from the head of Cyber Command and the National Security Agency, General Paul Nakasone; the head of U.S. Special Operations Command, General Richard Clarke; and the Acting Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict, Christopher Maier. The hearing covered a range of issues, from the SolarWinds cyberattack to increased violence in Afghanistan. We stripped out all of the nonsense, speechifying and repetition to bring you just the questions and answers you care about, only once.

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  • Trump Trials and Tribulations: N.Y. Trial Dispatch (Apr. 23, 2024)

    28:45
    It's Trump's Trials and Tribulations, New York Trial Dispatch, April 23. Benjamin Wittes sat down with Tyler McBrien and Anna Bower to discuss what happened in the courtroom today.The podcast was edited by Ian Enright of Goat Rodeo. Our theme song is from Alibi Music.
  • Chatter: New Cold Wars with Journalist David Sanger

    01:06:54
    David Sanger has been writing for the New York Times since he graduated from college more than four decades ago. Over that period, Sanger has served as a business correspondent in Silicon Valley, the Times bureau chief in Japan, and has covered the last five presidents—which has given Sanger a front-row seat to U.S. foreign policy for much of the post-Cold War period. It is that experience that informs Sanger’s newest book, “New Cold Wars,” in which Sanger argues—relying on a voluminous and colorful set of interviews with administration officials—that the U.S. has entered two new military, technological, and economic conflicts with Russia and China.Lawfare Research Fellow Matt Gluck spoke about the book with Sanger. They discussed how the United States slipped into these conflicts through misreading Chinese and Russian geopolitical intentions and how the U.S. is seeking to navigate this new era. They also discussed how close Biden administration officials believed Vladimir Putin was to using a nuclear weapon in the fall of 2022.For more about David:His book “New Cold Wars”David's Twitter PageChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Noam Osband and Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.
  • Lawfare Daily: Ambassador Robert Lighthizer on Trade Policy

    53:14
    Ambassador Robert Lighthizer is the former United States Trade Representative in the Trump administration and the author of the 2023 book, “No Trade Is Free: Changing Course, Taking on China, and Helping America's Workers.” He sat down with Jack Goldsmith to talk about his work as Deputy U.S. Trade Representative under President Reagan, why extreme neoliberal trade policy took hold in the 1990s, his core philosophy on trade and how it departed from the 1990s neoliberal consensus, and the main ways he implemented this view in the Trump administration and with what results. They also discussed the importance of the U.S.-Mexico-Canada Agreement and why it was controversial, the extent to which the Biden administration adopted Lighthizer’s views on free trade, and the relationship between national security and trade policy.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/c/trumptrials.
  • Trump Trials and Tribulations: N.Y. Trial Dispatch (Apr. 22, 2024)

    31:17
    It's Trump's Trials and Tribulations, New York Trial Dispatch, April 22. Tyler McBrien sat down with Benjamin Wittes and Anna Bower to discuss what happened in the courtroom today.The podcast was edited by Ian Enright of Goat Rodeo. Our theme song is from Alibi Music.
  • Lawfare Daily: The Case for a U.S. Cyber Force

    47:39
    Lawfare’s Fellow in Technology Policy and Law, Eugenia Lostri, talks to Dr. Erica Lonergan, Assistant Professor in the School of International and Public Affairs at Columbia University. Dr. Lonergan recently authored a report making the case for establishing a U.S. Cyber Force as a way to address the military’s difficulty to recruit, train, and equip sufficient personnel to meet growing cyber challenges. They talked about the types of problems the cyber mission faces, different ways in which they can be addressed, and why establishing a distinct cyber force might be the best path forward.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/c/trumptrials.
  • An Announcement from Lawfare

    04:44
    Starting Monday, April 22, the Lawfare Podcast feed is gonna look a little different.Our daily show, the Lawfare Podcast, will remain on this feed, along with Rational Security and Chatter. We’ll also be adding some important new content as well.Starting with opening statements in the New York state court trial against Donald Trump, we will discuss the events of the day’s proceedings on a short livestream dispatch on our YouTube channel. These dispatches, which we’ll record after court lets out on trial days (Mondays, Tuesdays, Thursdays, and Fridays), will be available in podcast form on this feed the following day. They’ll be called Trump Trials & Tribulations: N.Y. Trial Dispatch.Our weekly Trump’s Trials & Tribulations livestream, which we’ve been holding on Thursdays, will move to Wednesday afternoons, when court is not in session. (We’ve been releasing podcast versions of the livestream on Saturdays; these will move to Thursdays.) In addition to a short overview of the previous week’s proceedings in the New York case, we will continue to bring you updates on the cases in Florida, Fulton County, and Washington, D.C. As always, our Material Supporters will be able to join the discussion via Riverside and ask questions live.
  • Rational Security: The “Trump and Elon Both Love Lawfare” Edition

    01:13:59
    This week on Rational Security, Alan and Quinta sat down with Lawfare Editor-in-Chief Benjamin Wittes to talk through the week’s big national security news, including:“Ayatollahs and Airstrikes.” In retaliation for an Israeli strike that killed several high-ranking Iranian military officers in Syria, over the weekend Iran launched a wave of drone and missile attacks against Israel. The vast majority of these were shot down by Israel and its allies, including notably Jordan, causing minimal injuries and damage in Israel. As Israel considers whether to respond, its American and European allies are putting pressure on it to deescalate. What’s Israel’s next move and can broader regional war be avoided?“Beginning of the end or just the end of the beginning?” It has been six months since Hamas’s attack on October 7 and the start of Israel’s war in Gaza, which appears to be entering a new, potentially lower-intensity phase. Israel has withdrawn most of its troops from southern Gaza, although it still argues that it needs to invade Rafah, on the border with Egypt, to defeat Hamas. Meanwhile, violence between Jewish settlers and Palestinians in the West Bank continues to increase. What’s next in the ongoing conflict?“What’s a little obstruction between friends?” Earlier this week, the Supreme Court heard oral argument in Fischer v. United States, a case challenging the government’s use of a common statute used to prosecute participants in the Jan. 6 attack on the Capitol. The six conservative Justices appeared skeptical of the government’s argument that a statute that makes it a crime to “obstruct any official proceeding” applies to physical disruptions. How is the Court likely to rule and how might such a ruling affect Donald Trump’s federal trial for trying to overthrow the 2020 election?For object lessons, Quinta recommended a throwing-the-wife-under-the-bus update in New Jersey's Senator Bob Menendez's ongoing legal troubles, and Alan and Ben both recommended excellent, if anxiety-inducing, national security themed movies: the recently released Civil War and the upcoming War Game.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/c/trumptrials.
  • Trump’s Trials and Tribulations: 13 Jurors Down, Five to Go

    01:25:53
    It's another episode of “Trump's Trials and Tribulations,” recorded on April 18 in front of a live audience on YouTube and Riverside. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor Roger Parloff to talk about oral arguments at the Supreme Court in Fischer v. United States, over an obstruction charge used to charge hundreds of Jan. 6 defendants, including former President Trump. They checked in on Judge Cannon and last week's hearing on motions from Trump's co-defendants, De Oliveira and Nauta. They also checked in with Lawfare Managing Editor Tyler McBrien to discuss the ongoing jury selection in the hush money case in New York, why it is going faster than expected, and whether we can really expect opening statements to occur on Monday. And of course, they took audience questions from Lawfare Material Supporters on Riverside.To receive ad-free podcasts and to be able to submit a question to the panelists, 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/c/trumptrials.
  • Lawfare Archive: Orin Kerr on Carpenter

    38:23
    From November 29, 2017: The Supreme Court heard oral arguments Wednesday in Carpenter v. United States, a major Fourth Amendment case asking whether a warrant is necessary before law enforcement can obtain cell site data identifying a suspect phone's location from a service provider. Lawfare contributor and Fourth Amendment expert Orin Kerr discussed the case with Benjamin Wittes at Brookings shortly after the argument.