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The Lawfare Podcast

Jack Goldsmith and John Fabian Witt on 'To Save the Country'

The Lawfare Podcast

The Lawfare Institute

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

4.76.4K Ratings

🗓️ 25 September 2019

⏱️ 35 minutes

🧾️ Download transcript

Summary

Jack Goldsmith sat down with John Fabian Witt, professor of law at Yale Law School to talk about Witt’s new book, "To Save the Country: A Lost Treatise on Martial Law," which features a previously undiscovered manuscript written by Francis Lieber, a legal adviser to Lincoln’s White House and key thinker in the development of American laws of war. Witt explained Lieber’s impact on the development of American war-time law and talked about what the manuscript has to say about Lieber’s views of martial law and his unorthodox understanding of military necessity. The two also discussed the famous Reconstruction-era military commissions precedent Ex parte Milligan, Lieber’s anxieties about congressional power, and more.

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Transcript

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0:00.0

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become a material supporter of LawFair at patreon.com slash law fair.

0:14.0

That's patreon.com slash law fair.

0:18.0

Also, check out LawFair's other podcast offerings,

0:22.0

rational security, chatter, law fair no bull, and the aftermath.

0:29.0

The Military Commission's are still a very active bunch of institutions in the 1866.

0:39.0

There are still lots and lots of soldiers, unisoliers in the American South.

0:43.0

The clan has been created in the same year and white Southern violence in a kind of gorilla-like warfare is starting to resume.

0:52.0

The Confederate armies are famous for not resorting to gorilla warfare.

0:56.0

The clan is a form of gorilla warfare starting up again.

1:06.0

The Union Army is authority to do justice in the reconstruction of South.

1:10.0

This is pre-conventional reconstruction.

1:14.0

This is white Southern governments that are re-admitted by Andrew Johnson.

1:18.0

They're not going to do the work of policing violence against the recently freed people.

1:24.0

This is the hope for a whole group of folks in the North as something they'll make a man's patient read.

1:30.0

I'm Jacob Schultz and this is the LawFair podcast September 24th, 2019.

1:36.0

Jack Goldsmith sat down with John Fabian Witt, Professor of Law at Yale Law School.

1:42.0

The two talked about Witt's new book to save the country,

1:45.0

which features a previously undiscovered manuscript written by Francis Leber,

1:49.0

a legal advisor to Lincoln's White House, and key thinker in the development of American laws of war.

1:55.0

Witt explained Leber's impact on the development of American wartime law

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