Welcome to Lawfare No Bull. We have been doing no bull podcasts, mostly for congressional hearings for a long time on the Lawfare podcast feed, we decided to do more of them incorporating a wider range of the public sound of the world of National Security So we spun it off as its own podcast. No Bull Lawfare. It will feature primary source audio from a range of sources, speeches, congressional hearings, court proceedings, think tank events, things that we think are interesting and that we think you'll think are interesting. Sometimes edited, sometimes not. Thanks for listening. See acast.com/privacy for privacy and opt-out information.
Today on Lawfare No Bull: On June 10, the House Appropriations Subcommittee held an oversight hearing for the Department of Defense. Defense Secretary Pete Hegseth, Chairman of the Joint Chiefs of Staff General Dan Caine, and Bryn MacDonnell, Special Assistant Performing the Duties of the Under Secretary of Defense (Comptroller)/Chief Financial Officer, testified before the committee. Members of the committee questioned the witnesses about the delay in receiving the Department's FY2026 budget, investments in submarines, the cost of deploying troops to Los Angeles, cuts to personnel and programs, and more. Hosted on Acast. See acast.com/privacy for more information.
Today on Lawfare No Bull: On March 26, the House Intelligence Committee held the annual Worldwide Threats hearing based on the Annual Threat Assessment of the United States Intelligence Community. Director of National Intelligence Tulsi Gabbard, Central Intelligence Agency Director John Ratcliffe, Federal Bureau of Investigation Director Kash Patel, National Security Agency and Central Security Service Director Timothy Haugh, and Defense Intelligence Agency Director Jeffrey Kruse testified before the committee. Members of the intelligence committee questioned the witnesses about their participation in a Signal group chat that discussed plans to conduct strikes in Yemen, threats posed by Russia and China, the intelligence community's assessment of emerging threats, and more.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute. Hosted on Acast. See acast.com/privacy for more information.
Today on Lawfare No Bull: On March 25, the Senate Intelligence Committee held the annual Worldwide Threats hearing based on the Annual Threat Assessment of the United States Intelligence Community. Director of National Intelligence Tulsi Gabbard, Central Intelligence Agency Director John Ratcliffe, Federal Bureau of Investigation Director Kash Patel, National Security Agency and Central Security Service Director Timothy Haugh, and Defense Intelligence Agency Director Jeffrey Kruse testified before the committee. Members of the intelligence committee questioned the witnesses about their participation in a Signal group chat that discussed plans to conduct strikes in Yemen, threats posed by Russia and China, the intelligence community's assessment of emerging threats, and more.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute. Hosted on Acast. See acast.com/privacy for more information.
Today on Lawfare No Bull: On March 24, the United States Court of Appeals for the District of Columbia Circuit heard arguments on whether to stay a temporary restraining order issued on March 15—which bars summary removals of alleged members of Tren de Aragua, a Venezuelan criminal gang—under the Alien Enemies Act of 1798. The panel, composed of Judge Patricia Millet, Judge Justin Miller, and Judge Karen LeCraft Henderson, asked attorneys about the lack of notice and process given to migrants, why the migrants couldn't have just filed habeas petitions, and why the lawyers filed in D.C. rather than Texas.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute. Hosted on Acast. See acast.com/privacy for more information.
Today on Lawfare No Bull: On Feb. 12, the Senate Judiciary Committee held the confirmation hearing of deputy attorney general nominee Todd Blanche. The Committee questioned Blanche about his representation of President Donald Trump in multiple criminal cases, whether he would recuse himself from future Department of Justice investigations into cases against Trump, the firings at the department and the Federal Bureau of Investigation, and more.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute. Hosted on Acast. See acast.com/privacy for more information.
Today on Lawfare No Bull: On Jan. 30, the Senate Judiciary Committee held the confirmation hearing of Federal Bureau of Investigation (FBI) director nominee Kash Patel. The Committee questioned Patel about his role in the Jan. 6 choir, his “enemies list” and views on political retribution, his testimony before the grand jury in the classified documents case, plans for the FBI if confirmed, and more.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute. Hosted on Acast. See acast.com/privacy for more information.
Today on Lawfare No Bull: On Jan. 30, the Senate Intelligence Committee held a confirmation hearing for Director of National Intelligence nominee Tulsi Gabbard. The Committee questioned Gabbard about her views on Section 702 of the Foreign Intelligence Surveillance Act, her opinion of Edward Snowden, her 2017 meeting with Syria's then-president Bashar Assad, her reaction to Russia's invasion of Ukraine, and more.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute. Hosted on Acast. See acast.com/privacy for more information.
Today on Lawfare No Bull: On Jan. 29 and 30, Secretary of Health and Human Services nominee Robert F. Kennedy, Jr. appeared for confirmation hearings before the Senate Finance Committee and the Senate Committee on Health, Education, Labor and Pensions respectively. The Committees questioned Kennedy about topics that may be of interest to Lawfare listeners, including his views on vaccines–particularly COVID and measles—health institutions such as the NIH and CDC, and more.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute. Hosted on Acast. See acast.com/privacy for more information.
Today on Lawfare No Bull: On Jan. 17, the Senate Committee on Homeland Security and Governmental Affairs held the confirmation hearing of Secretary of Homeland Security nominee Kristi Noem. The Committee questioned Noem about immigration, domestic terrorism, disaster relief assistance, the Secret Service, and more.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute. Hosted on Acast. See acast.com/privacy for more information.
Today on Lawfare No Bull: On Jan. 15, the Senate Judiciary Committee held the confirmation hearing of presumptive attorney general nominee Pam Bondi. The Committee questioned Bondi about how she will approach issues such as violent crime and immigration, her view of presumptive FBI director nominee Kash Patel, and how she will maintain the independence of the Department of Justice if the president makes unlawful or normatively improper demands of the department.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute. Hosted on Acast. See acast.com/privacy for more information.
Today on Lawfare No Bull: On Jan. 15, the Senate Foreign Relations Committee held the confirmation hearing of presumptive secretary of state nominee Marco Rubio. The Committee questioned Sen. Rubio about his views on U.S. relations with China, his support for Taiwan and Ukraine, humanitarian crises in Haiti and Sudan, the Israel-Gaza War, and more.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute. Hosted on Acast. See acast.com/privacy for more information.
Today on Lawfare No Bull: On Jan. 15, the Senate Intelligence Committee held the confirmation hearing for presumptive CIA Director nominee John Ratcliffe. The Committee questioned Ratcliffe about his commitment to nonpartisanship, how the CIA can keep pace with U.S. adversaries' technological advances, the Foreign Intelligence Surveillance Act, and more.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute. Hosted on Acast. See acast.com/privacy for more information.
Today on Lawfare No Bull: On Jan. 14, the Senate Armed Services Committee held the confirmation hearing of presumptive Secretary of Defense nominee Pete Hegseth. The Committee questioned Hegseth about his past comments on women in the military, qualifications for the role, “wokeness” and DEI, plans to reform the Navy, allegations of sexual assault, and more.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute. Hosted on Acast. See acast.com/privacy for more information.
On January 10, New York State Supreme Court Justice Juan Merchan sentenced President-elect Donald Trump to an “unconditional discharge” in the New York hush money case, in which Trump was convicted on 34 felony counts. Trump will face no jail time, financial penalties, or probation. The sentencing marked an end to the only case against Trump that reached trial and makes Trump the first president to take office as a convicted felon.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute. Hosted on Acast. See acast.com/privacy for more information.
On May 8, Defense Secretary Lloyd Austin and Joint Chiefs of Staff Chair Gen. Charles “CQ” Brown testified during a Senate Appropriations Subcommittee on Defense hearing on President Joe Biden's 2025 Defense Budget Request. Several senators inquired about the Biden administration and Defense Department's decision to pause the shipment of aid and weapons to Israel amidst the ongoing war in Gaza. Secretary Austin confirmed that one shipment of “high-payload munitions” was paused as the department “re-evaluated some of the security assistance” that the U.S. was providing. In response to a number of questions, Austin asserted that the U.S.'s support for Israel remains “iron-clad.” Other topics were covered by the Committee, including deterrence, nuclear capabilities, border security, and more. Hosted on Acast. See acast.com/privacy for more information.
On April 25, 2024 the Supreme Court of the United States heard oral arguments in Trump v. United States, former President Trump's appeal of the D.C. Circuit's rejection of his claim that presidential immunity shields him from being prosecuted by special counsel Jack Smith for alleged attempts to subvert the outcomes of the 2020 presidential election. D. John Sauer represented Trump. Michael Dreeben represented the Justice Department. Oral argument began at 10am. Hosted on Acast. See acast.com/privacy for more information.
On February 12th, 2024, Judge Scott McAfee held a motions hearing in Fulton County Superior Court. The hearing centered on several motions to quash filed by individuals who received subpoenas to testify or produce documents ahead of an evidentiary hearing on whether district attorney Fani Willis should be disqualified from prosecuting Donald Trump and others. Judge McAfee did not immediately rule on the motions to quash. Hosted on Acast. See acast.com/privacy for more information.
On Jan. 12, Israel delivered oral arguments rejecting South Africa's claims of Israeli genocide in Gaza in the International Court of Justice (ICJ). In South Africa v. Israel, South Africa alleges that Israel's conduct in the war in Gaza has violated the 1948 Convention Against Genocide. At this stage of the proceedings, South Africa seeks a directive, or “provisional measure,” from the ICJ that would order Israel to stop operations in Gaza on the basis that South Africa's claims are plausible and that irreparable harm is possible if Israeli operations continue. Among other arguments, Israel's representatives contend that the ICJ lacks jurisdiction, as there is no “dispute” over whether Israel has committed genocide; the standards of irreparable harm and urgency required to establish provisional measures are not satisfied, as Israel has taken pains to mitigate civilian harm by asking civilians to leave conflict areas and allowing substantial levels of humanitarian aid to pass into Gaza; and provisional measures halting Israeli operations would violate Israel's inherent right to self-defense. Hosted on Acast. See acast.com/privacy for more information.
On Jan. 11, the International Court of Justice (ICJ) held a public hearing in the case of South Africa v. Israel, on whether Israel is committing acts of genocide in Gaza. In its first public hearing of the case, the ICJ heard the South African legal delegation's oral arguments, in which they alleged that Israel's actions in Gaza have violated its obligations under the Genocide Convention of 1948. South Africa also argued that the court should grant the nine provisional measures requested in its complaint against Israel, including ordering the halt of Israeli military operations in the Gaza Strip while the case is ongoing. Hosted on Acast. See acast.com/privacy for more information.
On Dec. 6, the Colorado Supreme Court heard oral arguments in the appeal of the Denver District Court decision that found that former President Donald Trump “engaged in insurrection” but could not be disqualified from primary and general election ballots in Colorado because of the language of Section 3. The arguments in front of the state supreme court centered on whether the presidency is an “office…under the United States,” whether the president is “an officer of the United States,” whether Trump engaged in insurrection, and how the issues may conflict with Trump's First Amendment rights. Hosted on Acast. See acast.com/privacy for more information.
On Dec. 5, FBI Director Christopher Wray testified before the Senate Committee on the Judiciary in a hearing entitled “Oversight of the Federal Bureau of Investigation.” The committee questioned Wray about FISA Section 702 reauthorization, sextortion and child sexual exploitation, the rise in hate crimes across America, and more. Hosted on Acast. See acast.com/privacy for more information.
On Dec. 1 in Fulton County, Judge Scott McAfee heard arguments from the State and several of the 15 defendants on a number of motions related to First Amendment concerns, the scheduling of an eventual trial, discovery matters, and general and special demurrers. Judge McAfee did not immediately rule on any of the motions. Hosted on Acast. See acast.com/privacy for more information.
On Nov. 21, in a hearing in Fulton County, Judge Scott McAfee heard arguments on whether Harrison Floyd, the former leader of a group called Black Voices for Trump, should have his bail revoked for using X, formerly known as Twitter, to indirectly communicate with witnesses. Judge McAfee determined that the most appropriate solution is to amend Floyd's conditions of release, not remand him to custody. Hosted on Acast. See acast.com/privacy for more information.
On Nov. 20, the three-judge panel of the D.C. Circuit Court of Appeals heard oral arguments on the gag order imposed on former President Donald J. Trump by Judge Tanya S. Chutkan in the Jan. 6 case. The three judge panel pressed Trump's lawyer, D. John Sauer, on whether any limit can be imposed on political speech related to a court proceeding and whether a gag order could be imposed on Trump to proactively protect the people involved in proceedings. The judges questioned Justice Department attorney Cecil Vandevender on the breadth of the gag order. Hosted on Acast. See acast.com/privacy for more information.
On Nov. 15, Judge Scott McAfee heard arguments from defendants in the Fulton County election interference case on the State's emergency motion for a protective order and defendant David Shafer's response in opposition and proposed protective order. The State had proposed a blanket protective order for all discovery, while Shafer proposed a protective order that would only apply to discovery deemed sensitive. The State agreed to Shafer's proposed order, as did most other co-defendants. The media intervenors in the case lodged a vigorous objection. Hosted on Acast. See acast.com/privacy for more information.
On Nov. 3, in a hearing in Fulton County, Judge Scott McAfee heard arguments on motions from the Georgia Secretary of State, the Fulton County Superior Court Clerk, and the Fulton County Board of Registration and Elections to quash defendant Harrison Floyd's subpoenas for access to elections data from the 2020 election. During the hearing, Floyd's counsel withdrew its subpoena of the Board of Elections and Judge McAfee asked the Secretary of State and Superior Court Clerk for more details on the burden these subpoenas would create and how to protect potential personal identifying information. Hosted on Acast. See acast.com/privacy for more information.
On Oct. 31, NCTC Director Christine Abizaid, Homeland Security Secretary Alejandro Mayorkas, and FBI Director Christopher Wray testified before the Senate Committee on Homeland Security and Governmental Affairs in a hearing entitled “Threats to the Homeland.” The committee questioned the witnesses about terrorism threats facing the country, issues related to the southern border, antisemitic and faith-related violence and threats, and more. Hosted on Acast. See acast.com/privacy for more information.
On Oct. 24, Jenna Ellis, a former Trump lawyer, pleaded guilty to one felony count in the Fulton County election interference case. Ellis will serve five years of probation and agreed to testify against other defendants in the case. Ellis's plea comes days after co-defendants Kenneth Chesebro and Sidney Powell pleaded guilty. Hosted on Acast. See acast.com/privacy for more information.
On Oct. 20, Kenneth Chesebro, a former Trump lawyer and alleged architect of the “fake electors scheme,” pleaded guilty to one felony count in the Fulton County election interference case. Chesebro will serve five years of probation and agreed to testify against other defendants in the Fulton County case. Chesebro's plea comes one day after co-defendant Sidney Powell pleaded guilty. Hosted on Acast. See acast.com/privacy for more information.
On Oct. 19, Sidney Powell, a former Trump lawyer and one of 19 defendants in the Fulton County election interference case, pleaded guilty to six misdemeanor charges, including conspiracy to commit intentional interference of election duties. Powell will serve six years of probation and agreed to testify against the remaining defendants in the Fulton County case. Hosted on Acast. See acast.com/privacy for more information.
On Oct. 16, in a hearing in Fulton County court, Kenneth Chesebro and Sidney Powell's attorneys haggled with prosecutors over questions in the jury selection questionnaire that will be handed out to potential jurors on Friday Oct. 20. Judge Scott McAfee focused on eliminating repetitive questions. Hosted on Acast. See acast.com/privacy for more information.
On Oct. 10 and 11, Judge Scott McAfee heard arguments on a number of pre-trial motions in the Kenneth Chesebro and Sidney Powell trial in Fulton County Court, including motions to dismiss the indictment and motions to dismiss the racketeering charges. The audio from the two hearings has been edited and put together here with a break in the middle. Hosted on Acast. See acast.com/privacy for more information.
On Sept. 29, Scott Hall, a Georgia bail bondsman and one of the 19 defendants in the Fulton County election interference case, pleaded guilty to five misdemeanor charges in exchange for probation. As part of the deal, he agreed to testify against other defendants in the Fulton County case. Hosted on Acast. See acast.com/privacy for more information.
On Sept. 20, Attorney General Merrick Garland testified before the House Judiciary Committee in a hearing entitled “Oversight of the U.S. Department of Justice.” The committee questioned Garland about the Hunter Biden investigations, the role of special counsels, the Department of Justice's actions related to January 6th, and more. Hosted on Acast. See acast.com/privacy for more information.
On Sept. 14, in a hearing in Fulton County, Superior Court Judge Scott McAfee granted an expedited trial schedule for former Trump lawyers Kenneth Chesebro and Sidney Powell, separate from their 17 other co-defendants in the Georgia election interference case. The hearing also covered the defendants' motion to unseal transcripts of witness testimony before the special purpose grand jury. During the hearing, the prosecution handed over a list of names of the 30 unindicted co-conspirators to the defendants' lawyers. Hosted on Acast. See acast.com/privacy for more information.
On June 21, the House Judiciary Committee held a hearing to discuss Special Counsel John Durham's recently released report that examined the origins and conduct surrounding the FBI's Crossfire Hurricane investigation into allegations of Russian interference in the 2016 presidential election. The committee heard testimony from Durham. Hosted on Acast. See acast.com/privacy for more information.
On March 23, the House Energy and Commerce Committee held a hearing to discuss TikTok and the social media company's association with the Chinese government. TikTok CEO Shou Zi Chew testified about the Chinese Communist Party's access to American user data, misinformation on the platform, TikTok's “Project Texas,” and more. Hosted on Acast. See acast.com/privacy for more information.
On March 1, the Senate Judiciary Committee held a hearing to examine Oversight of the Department of Justice. The committee heard from attorney general Merrick Garland, who discussed topics ranging from Section 230 reform to climate change to FISA's Section 702 and more. Hosted on Acast. See acast.com/privacy for more information.
On Feb. 23, the U.S. District Court for the D.C. Circuit heard oral arguments in a case concerning the Justice Department's efforts to access Representative Scott Perry's phone. This is part of the department's investigation into efforts by former President Trump and his allies to overturn the 2020 election. The government is trying to access the phone amid congressional probes that claim Perry was an important ally to Trump in the weeks leading up to the Jan. 6 attack on the Capitol. The arguments abruptly ended as the court switched into sealed arguments. Hosted on Acast. See acast.com/privacy for more information.
On Feb. 22, the Supreme Court heard oral arguments in Twitter v. Taamneh, a case that deals with the liability of platforms that host or promote terrorist material. This case addresses the scope of the Anti-Terrorism Act and the Justice Against Sponsors of Terrorism Act, arguing that Twitter aided and abetted ISIS by hosting and promoting its content on its platform. Hosted on Acast. See acast.com/privacy for more information.
On Feb. 21, the Supreme Court heard oral arguments in Gonzalez v. Google, a case challenging the scope of protections provided by Section 230 of the Communications Decency Act. The Gonzalez complaint argues that YouTube's recommendation algorithm provides assistance to ISIS by amplifying its content as well as allowing it to recruit new members by sharing materials on the platform. Hosted on Acast. See acast.com/privacy for more information.
On Dec. 19, the House Select Committee to Investigate the Jan. 6 Attack on the Capitol held its final public meeting to summarize its findings from its investigation. In the meeting, the committee also voted on criminal referrals and the release of its final report. The executive summary of the report was publicly released following the meeting. Hosted on Acast. See acast.com/privacy for more information.
On Dec. 7, the Supreme Court heard oral arguments in Moore v. Harper, addressing the issue of the North Carolina state legislature's heavily gerrymandered congressional districts. The state legislature argues that the state Supreme Court lacks the legal authority to review this issue, as that authority is given to the legislature itself, according to the Constitution's elections clause. Hosted on Acast. See acast.com/privacy for more information.
On Dec. 7, the U.S. Court of Appeals for the D.C. Circuit heard oral arguments in Blassingame v. Trump, regarding whether former President Donald Trump should receive absolute civil immunity for allegations related to his Jan. 6, 2021 “Save America” rally and his conduct surrounding the subsequent attack on the Capitol. Trump appealed the D.C. district court's February ruling on this issue, which did not grant him immunity. Hosted on Acast. See acast.com/privacy for more information.
On Nov. 22, the U.S. Court of Appeals for the Eleventh Circuit heard oral argument in the case regarding the storage of classified documents at former president Trump's Mar-a-Lago residence and the subsequent seizure of those documents by the Justice Department. Justice Department prosecutors argued the merits of their appeal of District Judge Aileen Cannon's appointment of a special master to review the seized documents. Hosted on Acast. See acast.com/privacy for more information.
On October 13, the House Select Committee to Investigate the Jan. 6 attack on the Capitol held its ninth public hearing. The first committee hearing since July, this was an inquiry into former President Donald Trump's “state of mind, intentions, and motivations.” Unlike previous hearings, the committee did not hear any live testimony. It did, however, present new evidence about the events on and around Jan. 6, including outside communication with the secret service, internal secret service messages, and video footage of members of congress in an undisclosed location while the Capitol was being breached by rioters. At the conclusion of the hearing, the committee unanimously voted to subpoena former President Trump for documents and testimony relating to the attack on the Capitol. Cheney asserted that the committee is “obligated to seek answers from the man who set this all in motion.” Hosted on Acast. See acast.com/privacy for more information.
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On Tuesday, July 12th, the House Select Committee to Investigate the January 6th attack on the United States Capitol held its seventh public hearing. The hearing first focused on the explosive meeting in the White House on December 18th, when lawyer Sydney Powell and Michael Flynn, former Trump National Security Advisor, fought with Pat Cipollone and other close Trump advisors.The hearing then focused on former President Trump's tweet, soon after this meeting, that called his supporters to a rally in Washington on January 6th. The committee showed how this tweet galvanized extremist groups, like the Proud Boys and the Oathkeepers, to organize and coordinate ahead of the January 6th attack on the Capitol.The committee also heard testimony from Jason Van Tatenhove, the former Oathkeeper spokesman, and Stephen Ayres, a Trump supporter who stormed the Capitol on January 6th. See acast.com/privacy for privacy and opt-out information.
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