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The Lawfare Institute

The Lawfare Podcast features discussions with experts, policymakers, and opinion leaders at the nexus of national security, law, and policy. On issues from foreign policy, homeland security, intelligence, and cybersecurity to governance and law, we have doubled down on seriousness at a time when others are running away from it. Visit us at www.lawfaremedia.org.

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The Lawfare Podcast

Lawfare Senior Editor Kate Klonick speaks with former Deputy Solicitor General Michael Dreeben; lecturer in law at Stanford, Richard Salgado; and attorney Adam Unikowsky, to discuss the geofencing Fourth Amendment case that was heard Monday, April 27 in the Supreme Court, Chatrie v. United States.

They discuss the background of the case with their unique perspectives, starting with Unikowsky's framing of the case for his client, Chatrie, and his thoughts on the arguments he made in his defense when he argued the case before the Court on Monday. Salgado, who worked for Google for years answering such warrants and co-authored the technologist amicus brief, discusses how the Court seemed to be handling the sophistication of the technology issues. Dreeben, who argued Carpenter, the Fourth Amendment technology case seen as the precursor to Chatrie, frames up the stakes of the Fourth Amendment issues. They debate the values of various technology metaphors, the long term future of the third party doctrine, and what the Justices seem most concerned with coming out of the arguments on Monday. 

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.

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Lawfare Daily: Chatting on Chatrie with Adam Unikowsky, Michael Dreeben, and Richard Salgado

In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Anna Bower, Molly Roberts, and Roger Parloff and Lawfare Contributing Editor Nicholas Bednar to discuss the second indictment of former FBI Director James Comey, a judge finding that he has jurisdiction over Maureen Comey’s litigation challenging the Justice Department’s firing of her last her, oral argument at the Supreme Court over the cancellation of TPS, and more.

You can find information on legal challenges to Trump administration actions here. And check out Lawfare’s new homepage on the litigation, new Bluesky account, and new WITOAD merch.

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.

Support this show http://supporter.acast.com/lawfare.

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Lawfare Daily: The Trials of the Trump Administration, May 1

From June 9, 2017: As the dust settles following former FBI Director James Comey’s testimony before the Senate Intelligence Committee, the Lawfare Podcast brings you expert views on what exactly happened yesterday and what it means for the Trump administration going forward. Benjamin Wittes sat down with Carrie Cordero, a former attorney at the National Security Division of the Justice Department, and Paul Rosenzweig, who worked for Independent Counsel Kenneth Starr, for a conversation on the Comey testimony and its implications.

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.

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Lawfare Archive: Carrie Cordero and Paul Rosenzweig Weigh in on Comey

From June 26, 2024: On June 10, the jury reached a verdict in the federal trial against Chiquita Banana. It found that the company had financed a paramilitary group in Colombia in the late 1990s and early 2000s, resulting in the deaths of eight men, and it awarded the victims' families $38 million in damages. It's the culmination of a 17-year-long multi-district litigation that had faced significant procedural, evidentiary, and legal challenges. And it may represent a new frontier in the fight to hold corporations legally accountable for human rights violations.

Executive Editor Natalie Orpett discussed the case and its implications with Michael Posner, Director of the Center for Business and Human Rights at New York University’s Stern School of Business and a former Assistant Secretary of State for the Bureau of Democracy, Human Rights and Labor.

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.

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Lawfare Archive: Bananas and Corporate Accountability for Human Rights

In this episode of Scaling Laws, we explore how the "black box" of global greenhouse gas emissions is being cracked open by artificial intelligence and satellite imagery. Kevin Frazier is joined by Gavin McCormick, who leads Watt Time and ClimateTrace, a global coalition that has revolutionized the process of identifying and quantifying emissions. For decades, climate policy has relied on self-reported data from nations and corporations—a system prone to gaps and "greenwashing." McCormick’s work leverages machine learning to monitor every major source of emissions on Earth in near real-time. They discuss the legal implications of "radical transparency," how AI-driven data can be used to enforce regulations and measure claims, and the myths and facts of AI’s environmental consequences.

Find Scaling Laws on the Lawfare website, and subscribe to never miss an episode.

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.

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Scaling Laws: Identifying the Myths and Facts of AI's Environmental Impact with Gavin McCormick

This week, Scott sat down with his Lawfare colleagues Executive Editor Natalie Orpett and Contributing Editors Ariane Tabatabai and Joel Braunold, to talk through the week’s big national security news stories, including:

 • “The Art of the Heel.” As it approaches the 60-day mark, the war of Iran appears to have entered the “war of attrition” stage. The Strait of Hormuz remains closed by both Iran and the United States, as each side waits to see if the other will capitulate first. President Trump recently called off peace talks in Islamabad, in part because of purported internal disarray on the part of Iran—a perhaps unsurprising consequence of a two-month campaign of regime change. Meanwhile, the White House appears to have successfully pushed for and and then extended a ceasefire in the related theater of Lebanon, but it is already under strain from ongoing Israeli strikes and Hezbollah’s ensuing refusal to disarm. What should we make of this new equilibrium? And does it suggest that there is any way out of the current morass in the near future?
 • “Royally Falked.” King Charles is in the United States this week for the first state visit by a British monarch since Queen Elizabeth in 2007. But the Trump administration’s latest round of antics toward the United Kingdom and other NATO allies may overshadow the trip. Over the weekend, Reuters reported that an internal Pentagon email suggested that the administration should explore withdrawing U.S. recognition of British control over the Falkland Islands and suspending Spain from NATO due to their refusal to join U.S.-Israeli combat operations against Iran. Other consequences may yet be in the offing. How seriously should we take these threats from the Pentagon? And how close are we to a permanent rupture in the United States’s preeminent alliance?
 • “Ballroom Blitz.” On Saturday night, President Trump was the target of a third assassination attempt since the 2024 campaign. This time, a California teacher plotted to target Trump and his senior advisers at the annual White House Correspondents’ Association Dinner. In response, the administration quickly blamed Democrats for the heated, sometimes violent rhetoric they use in criticizing Trump and focused its attention on pressuring a federal court to end a civil case challenging the construction of the new White House ballroom, citing security concerns. What were some of our thoughts about this past weekend’s events?

In object lessons, Ari is taking control of the narrative with Split Fiction for the Switch 2. Natalie is taking herself out for a treat to Boulangerie Saint Georges near Eastern Market. Scott is taking a break from his own podcast to appreciate Iran: The Latest from The Telegraph. And Joel is taking a lesson from the NFL draft that may delight both sportsball and non-sportsball fans alike.

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.

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Rational Security: The “Tavern Style” Edition

Lawfare Managing Editor Tyler McBrien sits down with Chinmayi Sharma, an associate professor at Fordham Law School and a contributing editor at Lawfare, to discuss Sharma’s forthcoming law review article, “Immigration Enforcement Intermediaries.”

They discuss the U.S. federal government’s increasingly privatized and automated system of immigration enforcement—which Sharma describes as “a code-based Leviathan—cloaked in the veneer of legal legitimacy yet operating outside traditional democratic channels”—and how private technology vendors entrench their positions within that system. Sharma also walks through a number of proposals for states and other sub-federal entities to counteract these harms to immigrants, society, and the rule of law itself.

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.

Support this show http://supporter.acast.com/lawfare.

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Lawfare Daily: The Dangers of Privatized, Automated Immigration Enforcement

In 1979, a man using a pseudonym built a strange monument in Elberton, Georgia. Called “America’s Stonehenge" by some, the massive granite monolith known as the Georgia Guidestones attracted conspiracy theories and controversy until July 2022, when someone blew them up. Those two mysteries—who built the Guidestones and who destroyed them—are at the heart of a new narrative podcast series from Goat Rodeo and the Atlanta Journal-Constitution called “Who Blew Up the Guidestones?”

Lawfare Editor in Chief Benjamin Wittes sits down with some of the team behind the show, including its host, Lawfare Managing Editor Tyler McBrien; series lead producer Megan Nadolski of Goat Rodeo; and Charles Minshew, senior editor of data journalism at the Atlanta Journal-Constitution. They talk about the origins of the Guidestones and their creator, the Georgia Bureau of Investigation, over-the-counter explosives, QAnon, and much, much more.

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.

Support this show http://supporter.acast.com/lawfare.

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Lawfare Daily: The Explosive Mystery That Rocked Rural Georgia

Lawfare Book Review Editor Jonathan Cedarbaum sits down with Anja Shortland, professor of political economy at King's College London, to discuss her new book, "Dark Screens: Hackers and Heroes in the Shadowy World of Ransomware." The book offers a history of the development of ransomware into perhaps the most important form of cyber crime, costing the global economy $75 billion a year. In the book, Shortland depicts the evolving strategies of ransomware organizations and the efforts by governments and corporations to defend themselves from this often crippling type of cyber attack. 

Shortland and Cedarbaum talk about the emergence of organized criminal groups specializing in digital extortion over the past 15 years, some of their most spectacular hacks, how target organizations have worked to make themselves more resilient to ransomware attacks, and how governments have sought to disrupt ransomware groups.

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.

Support this show http://supporter.acast.com/lawfare.

 Hosted on Acast. See acast.com/privacy for more information.

Lawfare Daily: The Shadowy World of Ransomware with Professor Anja Shortland

In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Anna Bower, Eric Columbus, and Roger Parloff and Lawfare Public Service Fellow Troy Edwards to discuss the indictment of the SPLC, the DOJ dropping its investigation into Fed Chair Jerome Powell, the government’s renewed attempt to deport Kilmar Abrego Garcia, and more.

You can find information on legal challenges to Trump administration actions here. And check out Lawfare’s new homepage on the litigation, new Bluesky account, and new WITOAD merch.

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.

Support this show http://supporter.acast.com/lawfare.

 Hosted on Acast. See acast.com/privacy for more information.

Lawfare Daily: The Trials of the Trump Administration, April 24

Between June 6–9, voters across the EU’s member states will go to the polls to select members of the European Parliament. For today’s episode, Brookings Senior Fellow and Lawfare Senior Editor Molly Reynolds chatted with Tara Varma, Visiting Fellow, and Sophie Roehse, Senior Research Assistant, both of the Center for the United States and Europe at Brookings, to discuss these elections, what they mean for European politics, and how they might affect key issues also facing the U.S., including the war in Ukraine, relations with China, and how to handle asylum seekers.

For further reading and listening on topics discussed, see:

· Why should Americans care about the European Parliament election?, Tara Varma and Sophie Roehse, May 17, 2024

· Ukraine Index: Tracking developments in the Ukraine war, April 15, 2024

· The Lawfare Podcast: Asylum-Seekers and the EU Migration Pact, April 1, 2024

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.

Support this show http://supporter.acast.com/lawfare.

 Hosted on Acast. See acast.com/privacy for more information.

Lawfare Daily: The EU Parliamentary Elections and What’s Ahead with Molly Reynolds, Tara Varma, and Sophie Roehse

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