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The Lawfare Podcast, Episode #84: Bahlul, Bahlul, Bahlul

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Saturday, July 19, 2014 at 1:55 PM

It was a big week at the D.C. Circuit, which handed down the en banc decision in the Al Bahlul military commission case. It’s a complicated decision: a mess of a procedural history, lots of separate opinions, very little clarity, and strange areas of unanimity. It’s also got big implications for the future of military commissions.  So in . . .
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The Lawfare Podcast, Episode #83: Bruce Riedel on the Lessons From Afghanistan

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Saturday, July 12, 2014 at 1:55 PM

As the election crisis in Afghanistan comes to a head, all eyes—or some of them, anyway—are once again on the future of Afghan democracy. But the United States’s history in the region extends back much further than its nation-building efforts there since September 2001. On Tuesday, at a Brookings Institution launch event for his newest book . . .
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Lawfare Podcast Episode #82: Brad Smith on the Balance of National Security and Privacy

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Saturday, July 5, 2014 at 1:55 PM

Brad Smith, Executive Vice President and General Counsel of Microsoft, recently discussed the future of privacy in an increasingly digital age at a Brookings event entitled, “The Future of Global Technology, Privacy, and Regulation.” In his talk, Smith takes on questions about the role of the Fourth Amendment in the era of cloud computing; he talks about . . .
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The Lawfare Podcast, Episode #81: Suzanne Maloney on Iran

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Saturday, June 28, 2014 at 1:55 PM

All roads lead to Iran—at least in the news these days. There’s the nuclear talks, which are coming to a head. There’s common interests between the United States and the Islamic Republic in the conflict against ISIS and in the stabilization of Iraq. So I sat down yesterday with my Brookings colleague Suzanne Maloney to . . .
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Lawfare Podcast Episode #80: CrISIS in Iraq

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Saturday, June 21, 2014 at 2:00 PM

Brookings Senior Fellows Kenneth Pollack, Suzanne Maloney, and Michael O’Hanlon discussed the evolving security crisis in Iraq on Thursday at a Brookings event entitled “Iraq in Crisis: What Options Does Washington Have?” On Lawfare, we debate whether Article II or the 2001 and 2002 AUMFs give the President the authority to use force against the Islamic State of Iraq and Syria—but how wise . . .
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Lawfare Podcast Episode #79: The Case For and Against a FISA Advocate

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Saturday, June 14, 2014 at 2:00 PM

On Tuesday, at the 2014 Computers, Freedom and Privacy Conference, a panel of experts debated the pros and cons of adding outside lawyers to litigation before two tribunals at the heart of the NSA surveillance controversy: the Foreign Intelligence Surveillance Court (“FISC”) and the Foreign Intelligence Surveillance Court of Review (“FISCR”). As is well known, proceedings . . .
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Lawfare Podcast Episode #78: The Future of U.S. Surveillance Authorities

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Saturday, June 7, 2014 at 1:55 PM

As I noted earlier, the Brookings Institution held a debate on Thursday to mark the anniversary of the first Snowden disclosures. Here’s how we described it: In light of the information leaked by Edward Snowden, the Obama administration declassified a large amount of information related to surveillance under the Foreign Intelligence Surveillance Act, and the president called . . .
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Lawfare Podcast, Episode #77: The Allure of Normalcy—Robert Kagan, Leon Wieseltier, and Fred Hiatt on America’s Leadership in the World

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Saturday, May 31, 2014 at 1:55 PM

Brookings held a great event this week, entitled: “The Allure of Normalcy: America’s Leadership in the World and President Obama’s Foreign Policy.” It featured Robert Kagan on his impressive new essay in the New Republic, “Superpowers Don’t Get to Retire: What Our Tired Country Still Owes the World.” Here’s how Brookings described the event: Many within . . .
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Lawfare Podcast Episode #76: John Carlin on “State-Sponsored Cyber Theft”

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Saturday, May 24, 2014 at 2:00 PM

John Carlin, the Assistant Attorney General for National Security at the Department of Justice, spoke at Brookings this week on “Defending our Nation by Prosecuting State-Sponsored Cyber Theft.” His remarks came just a few days after DOJ unsealed charges against five Chinese military personnel for cyber espionage, about which Paul and Jack have had plenty . . .
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Lawfare Podcast Episode #75: A Conversation with Herb Lin About Cybersecurity

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Saturday, May 17, 2014 at 2:00 PM

“At the Nexus of Public Policy and Cybersecurity: Some Basic Concepts and Issues.” That’s the title of a new report co-edited by Herb Lin, chief scientist at National Research Council’s Computer Science and Telecommunications Board.  This week, Lin sat down with our own Ben Wittes.  Their engaging discussion, together with the report itself, offers an . . .
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Lawfare Podcast Episode #74: An Overview of U.S.-China Relations

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Saturday, May 10, 2014 at 1:55 PM

Michael O’Hanlon of the Brookings Institution has co-authored Strategic Reassurance and Resolve: U.S.-China Relations in the Twenty-First Century with Jim Steinberg, Dean of Syracuse’s Maxwell School. The Brookings Institution hosted the launch of their new volume this week, which deals with the conundrum of U.S.-China relations. There are a lot of issues of relevance to Lawfare in . . .
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Lawfare Podcast Episode #73: Cmd. Mike Adams Talks Jus Extra Bellum

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Saturday, May 3, 2014 at 1:55 PM

I was at the U.S. Pacific Command’s 27th annual MILOPS conference much of the week. One of the most interesting presentations I heard was by Commander Michael Adams, deputy legal adviser to the Chairman of the Joint Chiefs of Staff, who talked about his new paper on “Jus Extra Bellum.” The paper, which has not yet been published, is a . . .
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Lawfare Podcast Episode #72: A Debate on the Future of the AUMF

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Saturday, April 26, 2014 at 1:55 PM

Earlier this month, Ben debated Georgetown Law professor Rosa Brooks on the future of the AUMF during a Pepperdine University School of Law symposium at, entitled “The Future of National Security Law.” Gregory McNeal, a frequent Lawfare contributor and professor at Pepperdine Law, moderated the discussion.

Lawfare Podcast Episode #71: A Conversation with John Rizzo

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Saturday, April 19, 2014 at 2:00 PM

I had meant to have a book review of former CIA lawyer John Rizzo’s new book, Company Man: Thirty Years of Controversy and Crisis in the CIA, ready to run along with this episode of the podcast. But I’m still working on the review, which will be up shortly, and I didn’t want to hold up . . .
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Lawfare Podcast, Episode #70: Bruce Schneier on Technology and Privacy

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Saturday, April 12, 2014 at 1:55 PM

Bruce Schneier of the Berkman Center for Internet and Society at Harvard Law School gave a keynote address at the National Security Agency at the Crossroads conference Bobby put together at UT-Austin last week. Schneier spoke about the challenges to maintaining privacy in the evolving digital environment, and had provocative and interesting insights about the big . . .
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Lawfare Podcast, Episode #69: A Conversation with Former NSA Deputy Director Chris Inglis

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Saturday, April 5, 2014 at 2:00 PM

“The National Security Agency at the Crossroads” was a two-day conference organized by Lawfare’s Bobby Chesney, and held earlier this week at the University of Texas’ Strauss Center for International Security and Law.  At the conference, recently retired NSA Deputy Director John “Chris” Inglis gave an address; Ben Wittes caught up with Inglis afterwards, for . . .
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Lawfare Podcast, Episode #68: John Carlin on Cybersecurity

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Saturday, March 29, 2014 at 1:55 PM

Yesterday, John Carlin, Acting Assistant Attorney General for National Security at the Department of Justice, gave a keynote address on cybersecurity at American University’s Washington College of Law as part of a larger symposium entitled “Corporate Counterterrorism: The Role of Private Companies in National Security.” He discussed what the Department of Justice is doing about cybersecurity, and its cooperation . . .
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Lawfare Podcast, Episode #67: An Address by NATO’s Secretary General

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Saturday, March 22, 2014 at 1:55 PM

This week, my Brookings colleagues in our Foreign Policy Program hosted an address by NATO Secretary General Anders Fogh Rasmussen for a speech and audience Q&A on Russia, Ukraine and Crimea and, more generally, on the state of the NATO alliance. Here’s how Brookings described the event: On March 19, the Center on the United States and . . .
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Lawfare Podcast, Episode #66: A Conversation with Shane Harris

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Saturday, March 15, 2014 at 1:55 PM

Shane Harris was the first ever guest on the Lawfare Podcast, and today, he becomes the first ever return guest. The Foreign Policy writer has had a busy week covering the CIA-SSCI flap. And last night, he posted this story about NSA’s efforts this week to get the FISA court to let it retain metadata past the five-year . . .
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The Lawfare Podcast, Episode #65: Anthony Romero and Michael Chertoff Go Mano a Mano

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Saturday, March 8, 2014 at 1:55 PM

This episode doesn’t really need much introduction. It’s a discussion and debate between Anthony Romero, head of the ACLU, and Michael Chertoff, former DHS Secretary, at a Federalist Society event a couple of weeks ago. Ellen Nakashima of the Washington Post moderates a discussion that ranges from what we should think of Edward Snowden to . . .
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