Lawfare News

The Lawfare Podcast: Another Special Counsel and More Classified Documents

Jen Patja Howell, Natalie K. Orpett, Paul Rosenzweig, Benjamin Wittes, Scott R. Anderson
Friday, January 13, 2023, 12:00 PM

Published by The Lawfare Institute
in Cooperation With

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.

Jen Patja Howell is the editor and producer of The Lawfare Podcast and Rational Security. She currently serves as the Co-Executive Director of Virginia Civics, a nonprofit organization that empowers the next generation of leaders in Virginia by promoting constitutional literacy, critical thinking, and civic engagement. She is the former Deputy Director of the Robert H. Smith Center for the Constitution at James Madison's Montpelier and has been a freelance editor for over 20 years.
Natalie Orpett is the executive editor of Lawfare and deputy general counsel of the Lawfare Institute. She was previously an attorney at the law firm Jenner & Block, where she focused on investigations and government controversies, and also maintained an active pro bono practice. She served as civilian counsel to a defendant in the Guantanamo Military Commissions for more than eight years. She also served as counsel to the National Security and Foreign Policy Legal Team of the Biden-Harris Transition Team.
Paul Rosenzweig is the founder of Red Branch Consulting PLLC, a homeland security consulting company and a Senior Advisor to The Chertoff Group. Mr. Rosenzweig formerly served as Deputy Assistant Secretary for Policy in the Department of Homeland Security. He is a Professorial Lecturer in Law at George Washington University, a Senior Fellow in the Tech, Law & Security program at American University, and a Board Member of the Journal of National Security Law and Policy.
Benjamin Wittes is editor in chief of Lawfare and a Senior Fellow in Governance Studies at the Brookings Institution. He is the author of several books.
Scott R. Anderson is a fellow in Governance Studies at the Brookings Institution and a Senior Fellow in the National Security Law Program at Columbia Law School. He previously served as an Attorney-Adviser in the Office of the Legal Adviser at the U.S. Department of State and as the legal advisor for the U.S. Embassy in Baghdad, Iraq.

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