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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.

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

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The Lawfare Podcast

On today’s episode, Lawfare Managing Editor Tyler McBrien sits down with Lawrence Douglas, the James J. Grosfeld Professor of Law, Jurisprudence, and Social Thought at Amherst College to discuss Douglas’s new book, “The Criminal State: War, Atrocity, and the Dream of International Justice.”

They talk about how and why international criminal justice shifted from a focus at Nuremberg on the crime of aggression to an “atrocity paradigm,” as well as the “belatedness problem” and other limitations of atrocity trials. They even get into Douglas’s thoughts on casting decisions for Robert Jackson, Herman Göring, and characters in last year’s film “Nuremberg.” 

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 Criminal State’ with Lawrence Douglas

In her recent profile of Harmeet Dhillon, the assistant attorney general for civil rights at the Department of Justice, The Atlantic’s Quinta Jurecic writes, “Dhillon’s leadership of the division is both the next step in the natural progression of a career spent needling liberals and a preview of what is to come if she continues to rise within the Justice Department.” But, Jurecic notes, Dhillon may be “at the top of her game, yet her position has never appeared more precarious.”

For today’s episode, Lawfare Managing Editor Tyler McBrien sits down with Jurecic and Lawfare Senior Editor Anna Bower to talk through the life and times of the Justice Department’s current head of the civil rights division. They discuss Dhillon's extensive social media presence, the hallmarks of her tenure at the Justice Department thus far, and why there may be limits to how high she can climb in the MAGA movement.

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: DOJ’s Very Online Civil Rights Head, with Quinta Jurecic and Anna Bower

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 to discuss the disbarment of John Eastman, the Justice Department dropping the last Jan. 6 criminal matters, a warrant issued in the first state criminal charges against an ICE agent, the firing of 6 immigration judges, 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 17

From October 25, 2024: Hunter Marston, PhD candidate at the Australian National University and Southeast Asia Associate at 9DashLine, joins Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare, to explore the economic and geopolitical significance of the South China Sea. Hunter leans on his extensive knowledge of Southeast Asian politics and history to paint a comprehensive picture of why the next Administration should pay close attention to this geographical hotbed of political tension.

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 Archive: Hunter Marston on the South China Sea

From January 6, 2025: On today’s podcast, Lawfare Senior Editor and Brookings Senior Fellow Molly Reynolds is joined by Quinta Jurecic, a Fellow at Brookings and Senior Editor at Lawfare, and Ryan Reilly, Justice Reporter at NBC News, to discuss a long-awaited report on Jan. 6 from the Department of Justice’s Inspector General, as well as a new report from House Republicans focusing on the pipe bombs planted outside the Democratic and Republican National Committees as part of the violence that day. They explore what the reports do—and do not—cover, how they fit in with other investigative work on the insurrection, and what the overall landscape of accountability looks like on the precipice of President Trump’s return to office.

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 Archive: The New January 6 Reports

The Justice Department has moved the D.C. Circuit Court of Appeals to drop the Oath Keepers and Proud Boys seditious conspiracy cases, the last remaining criminal matters arising from the Jan. 6 insurrection. Lawfare’s editor in chief, Benjamin Wittes, sits down with four contributors who had intimate involvement with the cases to discuss the decision: Senior Editor Roger Parloff, who covered both trials; Senior Editor Michael Feinberg, who investigated both the Proud Boys and the Oath Keepers; Public Service Fellow Troy Edwards, who prosecuted the Oath Keepers case; and James Pearce of Washington Litigation Group, who worked on the prosecution as well. 

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 Justice Department Throws Out the Proud Boys and Oath Keeper Cases

Ben McKenzie, co-author of “Easy Money: Cryptocurrency, Casino Capitalism, and the Golden Age of Fraud,” and writer and director of the new documentary, “Everyone Is Lying to You for Money,” sits down with Lawfare Senior Editor Michael Feinberg about his years-long deep dive into the cryptocurrency industry and why his research makes him skeptical of its literal and figurative value.

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: Crypto, Corruption, and Cons, with Ben McKenzie

Lawfare Senior Editor Michael Feinberg and historian Frank Dikötter, the author of “Red Dawn Over China: How Communism Conquered a Quarter of Humanity,” discuss the early years of the Chinese communist movement, the American reaction to its successes, and how our current understanding of the era greatly differs from our previous assumptions.

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: Frank Dikötter on the Early Years of Chinese Communism

Senior Editor Kate Klonick interviews reporters Ronan Farrow and Andrew Marantz on their recent article in the New Yorker, titled “Sam Altman May Control Our Future—Can He Be Trusted?” In their 16,000-word piece, Farrow and Marantz create a cohesive narrative with receipts around Sam Altman, the products he's building at OpenAI, and how he's selling them not just to investors and the public, but also to regulators and world leaders.

Klonick unpacks three key areas that are discussed in the piece: potential concerns of fraud, ongoing trust and safety and alignment issues at OpenAI, and the national security concerns that the article exposes in the "country plan" and Altman's entanglements in the Gulf. The discussion ends with a basic question: Are any of these legal issues enough to stop or correct the course of OpenAI, with its estimated $1T IPO in the coming weeks?

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: Sam Altman with Ronan Farrow and Andrew Marantz

In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Molly Roberts, Eric Columbus, and Roger Parloff to discuss Judge Friedman rejecting the Defense Department’s revised press rules, the D.C. Circuit denying Anthropic’s petition for a stay pending review of the enforcement of its supply chain designation, Judge Sorokin rejecting the Justice Department’s attempt to obtain Massachusetts voter records, 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 10

One of the dark sides of the rapid development of artificial intelligence and machine learning is the increase in computer-generated child pornography and other child sexual abuse material, or CG-CSAM for short. This material threatens to overwhelm the attempts of online platforms to filter for harmful content—and of prosecutors to bring those who create and disseminate CG-CSAM to justice. But it also raises complex statutory and constitutional legal issues as to what types of CG-CSAM are, and are not, legal.

To explore these issues, Associate Professor of Law at the University of Minnesota and Lawfare Senior Editor Alan Rozenshtein spoke with Riana Pfefferkorn, a Research Scholar at the Stanford Internet Observatory, who has just published a new white paper in Lawfare's ongoing Digital Social Contract paper series exploring the legal and policy implications of CG-CSAM. Joining in the discussion was her colleague David Thiel, Stanford Internet Observatory's Chief Technologist, and a co-author of an important technical analysis of the recent increase in CG-CSAM.

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

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

Riana Pfefferkorn and David Thiel on How to Fight Computer-Generated Child Sexual Abuse Material

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