The Lawfare Podcast

In this engaging discussion, Rebecca Ingber, a Professor of Law at Cardozo Law School and former diplomat, joins hosts to unpack significant national security dilemmas. They delve into the provocative incursion of Russian UAVs into Polish airspace and the potential NATO implications. The conversation shifts to Israel's sudden attacks on Hamas leaders, exploring its ramifications for regional diplomacy. They also tackle the complex legal justifications surrounding military actions and reflect humorously on the intersection of serious geopolitical issues and light-hearted anecdotes.

John Ryan, an expert on the 9/11 case and author of "America's Trial: Torture and the 9/11 Case on Guantanamo Bay," sheds light on the complexities of the legal proceedings at Guantanamo. He discusses the prolonged pretrial delays, logistical challenges for reporters, and the troubling intertwining of torture and justice. Ryan delves into the struggles faced by defense teams, issues of transparency, and the emotional toll on victims' families navigating this convoluted justice system. His insights reveal a gripping narrative of legal and moral dilemmas.

Adam Chan, the first National Security Counsel at the FCC, shares insights into the agency's critical and evolving role in U.S. national security. He discusses the rise of foreign companies like Huawei as threats and the FCC's new internal council for improved coordination. Chan highlights the importance of regulating testing labs, especially those in adversarial nations, and the proposed reshoring of testing capabilities. Furthermore, he reveals upcoming initiatives focusing on technology like drones and the security of submarine cables.

Join Joan Barata, a visiting professor, Laís Martins, a journalist at The Intercept Brazil, and James Görgen, an adviser to Brazil’s Ministry, as they navigate the turbulent waters of Brazil’s tech policy and geopolitical pressures. They delve into Jair Bolsonaro's trial, the challenges of social media regulation, and the impact of U.S. tariffs on Brazil's sovereignty. The discussion also grapples with the Brazilian Supreme Court's pivotal role in balancing free speech and digital regulation, revealing broader implications for democracies worldwide.

Katherine Yon Ebright, a counsel in the Brennan Center's Liberty and National Security Program, joins the conversation with a deep dive into the legal complexities surrounding the Trump administration. They discuss the activation of the National Guard in D.C. and its implications for local governance. Ebright analyzes the Trump administration's legal challenges concerning military actions and the Alien Enemies Act, offering insights on the balance of executive power and individual rights. The dialogue highlights critical court rulings that shape American governance and civil liberties.

In this discussion, Brett Leatherman, Deputy Assistant Director for Cyber Operations at the FBI, sheds light on the evolving cyber threat landscape. He covers the alarming rise of ransomware and its impact on sectors like healthcare, emphasizing the need for robust security measures. The conversation also delves into the FBI's collaborative strategies with the private sector to bolster national cybersecurity, particularly in the face of state-sponsored cyberattacks. Leatherman shares insights on the FBI's proactive initiatives to thwart cybercrime and support victims of attacks.

Leopoldo Lopez, a prominent Venezuelan opposition leader now residing in Madrid, shares his inspiring story of resilience after escaping imprisonment under Nicolás Maduro. He delves into the recent presidential election, exposing the oppressive tactics of voter suppression. Lopez emphasizes the dangerous ties between Maduro and other authoritarian regimes, criticizing international indifference. The conversation also highlights the urgent need for Venezuela's democratic transition, drawing powerful parallels with other global struggles for freedom.

Rebecca Ingber, a law professor at Cardozo and an expert in legal issues, joins Benjamin Wittes and Scott R. Anderson to dissect a recent U.S. military strike on a Venezuelan drug boat. They navigate the complexities of international law versus self-defense claims and critique the legal justifications for military action without congressional approval. The discussion highlights the ethical dilemmas of targeting non-state actors and the need for clear frameworks in military engagement, questioning the balance between national security and international norms.

Anu Bradford, a Columbia Law School professor renowned for her work on the Brussels Effect, teams up with Kate Klonick, a law and technology specialist from St. John's University. Together, they dissect the contrasting regulatory landscapes for Big Tech in the EU and the U.S. Key discussions include the EU's approach to AI regulation and its broader influence on American tech, the U.S.'s interventionist policies, and the challenges facing European tech entrepreneurs. The conversation highlights the delicate balance between innovation and consumer safety in a rapidly evolving digital world.

Mark Cancian, a Senior Adviser at the Center for Strategic and International Studies, dives into the strategic implications of a potential Chinese blockade of Taiwan. He explains why China might favor a blockade over an invasion and the associated risks of escalation. Cancian explores Taiwan's military vulnerabilities and the crucial role of U.S. and Japan's support. He emphasizes the importance of defense preparedness and discusses how the blockade could disrupt global trade, especially in semiconductor manufacturing.