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The Lawfare Podcast

Episode #43: A Debate on NSA Surveillance

The Lawfare Podcast

The Lawfare Institute

Military, Intelligence, International Law, Constitutional Law, Rule Of Law, Politics, International Relations, News, Government, History, Diplomacy, Terrorism, National Security, Current Events, Law, Foreign Policy

4.76.2K Ratings

🗓️ 2 October 2013

⏱️ 79 minutes

🧾️ Download transcript

Summary

Benjamin Wittes, Steven Vladeck, and Orin Kerr debate NSA surveillance and the Snowden leaks at an event hosted by the George Washington University chapter of the Federalist Society.

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Transcript

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0:00.0

The following podcast contains advertising to access an ad-free version of the LawFair

0:07.2

podcast become a material supporter of LawFair at patreon.com slash LawFair, that's patreon.com slash

0:16.8

LawFair. Also check out LawFair's other podcast offerings, rational security, chatter, LawFair

0:25.6

no bull, and the aftermath.

0:44.6

Hello and welcome to the LawFair podcast, I'm Benjamin Wittes. This week I participated

0:51.3

in an event sponsored by the George Washington University chapter of the Federalist Society

0:57.0

on NSA surveillance programs, Edward Snowden, Congress, and the FISA court. The event was

1:03.4

styled as a debate between me and LawFair's Steve Vladik, moderated by GW's esteemed

1:09.5

Fourth Amendment scholar, Orrin Kerr. But it turned out to be not so much of a debate

1:14.9

as a discussion, which Orrin not only moderated but contributed insights of his own too as

1:20.4

well, it was actually one of the best discussions of this subject I have been involved in, both

1:26.0

in terms of isolating the areas genuinely under dispute and in terms of constructive engagement

1:32.1

over them. It is long for the LawFair podcast running nearly an hour and 20 minutes, but

1:39.0

many listeners will find it worthwhile.

1:41.4

Thank you all for coming, whether it's for the food or food or food in the subject,

1:45.4

either way. So I'm really delighted to be able to host this discussion between Benjamin

1:51.4

Wittes, Steve Vladik and myself. This is an idea that I put together the idea for this

1:56.9

account, because I wanted to hear from Benjamin Wittes, Steve Vladik, about their views of

2:03.1

the NSA surveillance stories and the legal implications and the policy implications. So I'm really

2:08.8

excited, let me just briefly introduce them. Benjamin Wittes is to my right to your left,

2:13.2

as a senior fellow of the Brookings Institution. He's also the Editor-in-Chief of the LawFair

2:18.1

Law, which is really a fantastic law on national security law. Very recently, Glenn Green

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