In this special edition of the Cyberlaw Podcast, we’ve convened a panel of experts on intelligence and surveillance law to examine the many failings of the Crossfire Hurricane investigation of the Trump campaign and Russian influence. We unpack the Department of Justice Inspector General’s report on the FBI’s use of FISA, undercover operatives, and the Bureau's many errors in the high-stakes matter. We also ask what can be done to cure what ails the FBI -- including the IG's recommendations, FBI Director Wray’s response, and a public order issued by the Foreign Intelligence Surveillance Court.
If you're looking for a single episode to make sense of the investigation and its faults, you can't do better than to listen to our team of FISA aficionados. Joining me on the panel:
- Bob Litt, former general counsel of the Office of the Director of National Intelligence.
- David Kris, who wrote the book on FISA and previously headed the DOJ’s National Security Division, which is responsible for FISA warrants.
- Bobby Chesney of the University of Texas School of Law, as well as a founder of Lawfare and co-host of the National Security Law Podcast.
And with that, the Cyberlaw Podcast is going on hiatus for the holidays. We’ll be back in January with more insights into the latest events in technology, security, privacy, and government.
As always, The Cyberlaw Podcast is open to feedback. Be sure to engage with @stewartbaker on Twitter. Send your questions, comments, and suggestions for topics or interviewees to CyberlawPodcast@steptoe.com. Remember: If your suggested guest appears on the show, we will send you a highly coveted Cyberlaw Podcast mug!
The views expressed in this podcast are those of the speakers and do not reflect the opinions of their institutions, clients, family and (mostly former) friends.