The Lawfare Podcast: Patreon Edition

Yesterday afternoon, Attorney General Merrick Garland announced that he has appointed a special counsel to investigate the revelations that documents bearing classification markings had been found in President Biden's private office and residence. The appointment comes after a preliminary investigation that began on November 14, just days before a different special counsel was appointed to investigate documents found at former President Trump's residence. 

To go through it all, Lawfare executive editor Natalie Orpett sat down with Lawfare contributor Paul Rosenzweig, Lawfare editor-in-chief Benjamin Wittes, and Lawfare senior editor Scott R. Anderson. They talked about why these circumstances triggered the special counsel regulations, what we know about potential criminal exposure, and how this may impact the ongoing special counsel investigation of Donald Trump.

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It's Proud Boys Trial Day at the E. Barrett Prettyman Courthouse in Washington, DC, when five leaders of the right wing paramilitary gang go on trial in a 10-count seditious conspiracy indictment.

To talk about this second major seditious conspiracy indictment, Lawfare editor-in-chief Benjamin Wittes sat down with Lawfare senior editor Roger Parloff, who will be there live blogging it for the site. They talked about how it compares with the Oath Keepers case, which wrapped up over the fall. They talked about how the evidence is different, the Proud Boys being a bit more into the whole violence thing than the Oath Keepers. They talked about whether there was a plan, and they talked about whether the defendants can get a fair trial in the overwhelmingly Democratic District of Columbia.

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Various press reports have indicated that the Biden administration intends to release its cyber strategy in the coming weeks. The cyber strategy will likely cover a range of issues. One potential topic could involve the creation of a federal response or “backstop” to the financial exposure risks that insurers and reinsurers face from future catastrophic cyber incidents affecting those that they insure. 

To talk about the pros and cons of a federal backstop for the cyber insurance ecosystem, Lawfare senior editor Stephanie Pell sat down with Bryan Cunningham, executive director of the Cybersecurity Research and Policy Institute at the University California, Irvine, who co-authored the article, “Uncle Sam Re: Improving Cyber Hygiene and Increasing Confidence in the Cyber Insurance Ecosystem via Government Backstopping.” They talked about what is keeping cyber insurance executives up at night, why the cyber insurance industry has not incentivized better cyber hygiene by the insured, and how a federally funded backstop could assist in shoring up the cyber insurance ecosystem.

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District Attorney of Fulton County Fani Willis has completed her special grand jury investigation of election tampering in 2020. The special purpose grand jury has completed its report and has been dissolved, and the supervising judge yesterday scheduled a hearing for January 24 to decide whether to make the report public. What will happen next? Will there be indictments? Are they going to wait until after the report comes out, or should we expect them imminently? Should we expect a Trump indictment coming next?

To go over it all, Lawfare editor-in-chief Benjamin Wittes sat down with Lawfare contributor Anna Bower, Georgia State University Law Professor Anthony Michael Kreis, and Tamar Hallerman of The Atlanta Journal-Constitution and co-host of the podcast Breakdown, which has followed the special grand jury from the beginning. 

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On Friday evening, we had no idea if Kevin McCarthy was going to be elected speaker or not, so Lawfare editor-in-chief Benjamin Wittes sat down with Brookings senior fellow and Lawfare senior editor Molly Reynolds to talk through the options. They talked about why it actually matters if you have a Speaker of the House, how long the House of Representatives can go without one before the government falls apart, and the consequences of the compromises Kevin McCarthy made.

On Sunday afternoon, Ben and Molly sat down again to record an update to their earlier conversation based on the results of Friday night’s vote.

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Abigail Spanberger, who represents Virginia's 7th congressional district in the House of Representatives, is one of the few members of Congress to have served as an operations officer at the Central Intelligence Agency. She also worked in law enforcement as an officer of the U.S. Postal Inspection Service. Not typical experiences for a thrice-elected politician—but useful for the role she finds herself in now.

On this episode of Chatter, David Priess chatted with Rep. Spanberger about her recent re-election to the House, the nature of "swing districts," working across the aisle, her road to working at CIA, her experiences as a postal inspector and intelligence operations officer, what she sees as important national security issues right now, her advice for former colleagues considering a run for elective office, and how listening skills she learned at CIA have helped her as a representative.

Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.

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It’s January 6—the second anniversary of the Jan. 6 insurrection. There has been a lot of activity in those two years to account for what happened on that terrible day.

To go over it all, Lawfare editor-in-chief Benjamin Wittes sat down with Lawfare executive editor Natalie Orpett and Lawfare senior editors Scott R. Anderson, Quinta Jurecic, and Roger Parloff. They discussed what has been done across the many diverse areas in which we have sought accountability for Jan. 6—to do justice, to tell the story, and to make legal and policy changes to prevent this from ever happening again. They talked about criminal investigations and prosecutions, the Jan. 6 committee, congressional storytelling, the legislative process, what is left to do, and what’s been left undone. And they consider a big question: are we safer now than we were then?

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It was a few months ago that something went boom under the sea and the Nord Stream 2 pipelines were severely damaged. Everyone assumed the perpetrator was the Russian Federation because of the Russian Federation’s war in Ukraine, and because the pipeline carried natural gas from Russia to Europe. But, months have gone by and evidence that Russia was behind the Nord Stream attacks has not surfaced. 

This was the subject of a lengthy article in the Washington Post, the lead author of which was Shane Harris. Lawfare editor-in-chief Benjamin Wittes sat down with Shane to discuss the article, what we know about the Nord Stream attacks, and what we know about who could be behind them.

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