The Lawfare Podcast

John Bridgeland, Executive Chair & CEO of More Perfect and former National Service Czar, joins Kevin Frazier to explore America's readiness for large-scale conflict and the importance of national service. They discuss the evolution of service programs since 9/11 and the need for a renewed spirit of civic duty, especially among younger generations. Bridgeland shares personal stories highlighting barriers to military service and innovative civilian programs aimed at fostering community contribution and strengthening national security.

Catherine Sharkey, a leading NYU law professor, joins Bryan Choi from Ohio State University and Kat Geddes from NYU and Cornell Tech to discuss the intersection of traditional legal doctrines and artificial intelligence. They explore the complexities of applying existing laws to AI liability and copyright challenges. The trio dives into evolving frameworks of product liability, highlighting the urgent need for adaptive legal approaches. They advocate for early regulation in emerging technologies to mitigate risks and protect society as AI continues to advance.

Eric Schwartz, Dean of the Hubert H. Humphrey School of Public Affairs and former U.S. Assistant Secretary of State for Refugees, discusses the complexities of U.S. refugee policy amidst the Syrian civil war. He emphasizes the need for comprehensive reforms to balance national security with humanitarian responsibilities. Schwartz highlights the importance of ethical considerations in refugee admissions, outlines the challenges of security vetting, and advocates for stronger community engagement and more effective resettlement strategies to support Syrian refugees.

Carmen Medina, a former senior intelligence officer at the CIA, shares her unique insights from over 30 years in the field. She discusses the essential interplay between analytical thinking and intuition in intelligence analysis. Medina advocates for incorporating precognition, emphasizing its value and the need for personal insights in decision-making. She also delves into the challenges of communicating with policymakers and the significant impact of digital technology on intelligence processes. Her innovative perspectives challenge traditional norms in the intelligence community.

Shane Harris, a seasoned national security reporter for the Washington Post, digs into the recent congressional hearing on Unidentified Aerial Phenomena (UAPs). He highlights the compelling testimonies from military veterans and whistleblowers about alleged encounters and government cover-ups. The conversation explores the cultural stigma around reporting UAPs and the complicated bureaucracy tied to government contractor roles. Harris calls for critical thinking to differentiate credible claims from sensational narratives, emphasizing the need for transparency in national security discussions.

Michael Posner, a Professor at NYU and former Assistant Secretary of State, discusses the groundbreaking verdict in the Al-Shimari v. CACI case. He explores the implications of holding government contractors accountable for torture at Abu Ghraib and examines the challenges faced in seeking justice under the Alien Tort Statute. The conversation delves into the psychological and ethical issues surrounding enhanced interrogation techniques and highlights the ongoing struggle for corporate responsibility in human rights violations.

Ramya Krishnan is a staff attorney at the Knight First Amendment Institute, while Mary-Rose Papendrea is a constitutional law professor at UNC. They debate the legality of banning TikTok, emphasizing First Amendment rights versus national security concerns. The discussion highlights how TikTok's popularity among youth clashes with the government's fears about data security. They explore legal precedents and suggest that a blanket ban may not be the best solution, advocating for alternative risk management strategies instead.

Join Quinta Jurecic, a national security law expert, former FBI agent Pete Strzok, Berkeley law professor Orin Kerr, and press freedom advocate Gabe Rottman as they dive into the controversial actions of the Justice Department regarding journalist and congressional records. They explore the ethical implications of government surveillance, the lack of accountability from past attorneys general, and the stark tensions between the press and government oversight. This conversation reveals critical insights into the balance of power and the fate of press freedoms.

Adam Thierer, a Senior Fellow at R Street focused on technology and innovation, shares his insights with Kevin Frazier on a comprehensive report from the Bipartisan House Task Force on AI. They discuss the patchwork of state regulations and highlight the contrast between U.S. and EU approaches to AI governance. Thierer expresses concern over regulatory inaction and emphasizes the need for a cohesive national strategy to navigate the complexities of AI technologies. They conclude with a humorous take on college football rivalries, lightening the mood after serious discussions.

This week, the team dives into the challenges of presidential immunity amid Donald Trump's legal woes. The discussion shifts to Austin Tice, the missing journalist in Syria, highlighting the complexities of wrongful detentions. They also explore a surge in drone sightings in New Jersey, touching on societal anxieties and conspiracy theories linked to emerging technologies. With humor woven throughout, the conversation balances serious national security issues with lighter holiday reflections and personal anecdotes.