The Lawfare Podcast

Three senior advisors from CISA discuss the importance of secure software code and explore the ongoing research and open questions for establishing a secure-by-design standard. They delve into the concept of secure-by-design, the lack of security training in top schools, and the importance of field tests. The application of principles, gaps in knowledge, measuring security, and the need for data are also discussed.

Katlyn Carter, an expert in the history of representative democracy and governance, discusses the concepts of transparency and secrecy in early America. Topics include reflective and insulated representation, the secrecy of the Continental Congress and Constitutional Convention, the consequences for originalism, the Jay Treaty and Alien and Sedition Acts, James Madison's evolving views, and Thomas Jefferson's complicated legacy.

The podcast discusses the Colorado Supreme Court's decision to disqualify Donald Trump from the Republican primary ballot based on the 14th Amendment. They explore the legal arguments and potential journey to the Supreme Court. They analyze the strengths and weaknesses of the ruling, the application of the 14th Amendment to the January 6th insurrection, and anticipate the Supreme Court's involvement. They also highlight the need for a timely resolution to avoid complications in the presidential election and discuss the stay of a petition related to certifying the ballots in Colorado's primary.

Reporter Jeff Horwitz discusses his book 'Broken Code' and the inner workings of Facebook, including the company's prioritization of growth over potential harms. The topics covered include Facebook's control over user experience, measuring data and impact, the design of Facebook's algorithm, institutional dynamics within the company, and the impact of reporting on Facebook's lack of significant change.

Bryan Vorndran, Assistant Director of the FBI's Cyber Division, discusses the FBI's cyber challenges, relationships with other agencies and the private sector, and challenges posed by China. They touch on the difficulties in obtaining cyber threat intelligence, the role of the FBI's Cyber Division, and the Biden administration's executive order on cybersecurity. They also explore collaboration among government agencies, guidelines for engaging with the FBI in cybercrime cases, and topics like high altitude balloons and query standards within the FBI.

The podcast discusses the ongoing conflict in Gaza and the potential turning point it may be approaching. Topics include the impact on Israeli and Palestinian politics, the challenges of establishing a new status quo, the analysis of the Israel-Gaza conflict, the shifting U.S. positions and Israeli conduct of the military campaign, perceptions of the campaign from the Palestinian and Israeli perspectives, the political dynamics in Israel during the conflict, and advice for U.S. and foreign policymakers on Gaza and the Israeli-Palestinian conflict.

Lawfare Managing Editor Tyler McBrien joins Quinta and Scott to discuss controversies surrounding US foreign policy and its assistance to allies, the Special Counsel's power move to bring Trump's appeal to the Supreme Court, and President Biden's wavering support for Netanyahu and implications for the conflict in Gaza. Book and holiday recommendations are also shared.

Trump’s Trials and Tribulations features a live conversation with guests Roger Parloff, Anna Bower, and Steve Vladeck. They dive into the Supreme Court's involvement in Fischer v. United States and its implications for Trump's criminal cases. The possibility of Trump's trial in D.C. being delayed due to the Court's consideration of the immunity question is also explored. Additionally, the speakers discuss the civil suit against Rudy Giuliani and the significance of the March 4th trial date.

FBI General Counsel Jim Baker and Executive Assistant Director Carl Ghattas discuss the FBI's perspective on the legal and operational aspects of Section 702. Topics include the potential consequences of adding a warrant requirement, differences between the 702 program and Section 215, and the importance of Section 702 for national security.

COP28 marks a transition away from fossil fuels with implications for peace, security, and US partnerships. The language of the deal, US advocacy, and challenges in the final document are discussed. Geopolitical impacts, US policy implications, and the importance of climate finance are also explored.