The Lawfare Podcast

This week, Scott sat down with Lawfare Senior Editors Molly Reynolds and Alan Rozenshtein, and with University of Houston Law Center Assistant Professor of Law Chris Mirasola, to talk through the week’s big national security news, including:“Troops, There It Is.” President-elect Donald Trump raised eyebrows this week when he suggested that he intended to declare a national emergency and use U.S. soldiers to implement his planned deportation of undocumented migrants from the United States—the first of many potential domestic uses of the military some fear he will pursue. But does the president have the authority to use the military in this way? And is a(nother) national emergency really necessary?“Break It ‘Til You Make It.” Some have expressed serious doubt as to whether the incoming Trump administration’s flurry of highly controversial nominees for senior positions in government will be able to successfully make its way through even the Republican-held Senate. But doing so may not be necessary, as Trump’s allies are reportedly exploring a legal scheme by which he can use a never-before-used authority to adjourn Congress to force the Senate into an extended recess, and then appoint his preferred nominees as recess appointments. How plausible is this legal theory? And what role is it likely to play in Trump’s confirmation strategy?“Rolling Back the Clock.” While he was once one of TikTok’s greatest enemies, President-elect Trump has changed his tune: on the campaign trail, he came out against the ban on the controversial social media platform passed by Congress, which is sent to go into effect early next year if its China-associated owners do not divest. Will Trump try to come to TikTok’s rescue? And if so, what could he do?For object lessons, Alan recommended the childrens’ audio player “Yoto,” to the fervent applause of the other guests and their young children. Molly embraced her Patrick Radden Keefe fandom one more time to recommend FX’s forthcoming adaptation of his book, “Say Nothing.” Chris endorsed Jon Batiste’s new album “Beethoven Blues.” And Scott urged listeners to follow his lead and take in an aptonymous double-feature this weekend: the new film “Saturday Night” and the first ever 1975 episode of “Saturday Night Live” that it’s about.Note: We will be taking the week of Thanksgiving off, but we’ll be back with a new episode of Rational Security on Thursday, December 5. We’re thankful for your continued support of the show!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/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Since the assassination of Haitian President Jovenel Moïse in July 2021, the country has been plagued by gang violence, a destabilized government, and an ongoing humanitarian crisis. Lawfare Associate Editor for Communications Anna Hickey sat down with Dr. Robert Fatton, emeritus professor of government and foreign affairs at the University of Virginia to discuss the rising gang violence in Haiti, whether the incoming Trump administration will change the United States’s response, and how the international community has responded to the deteriorating situation. 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/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Chris Johnson, Director of Legal Affairs and Space Law for Secure World Foundation and an adjunct professor of law at Georgetown University, joins Kevin Frazier, Senior Research Fellow in the Constitutional Studies Program at the University of Texas at Austin and a Tarbell Fellow at Lawfare, to discuss the laws, policies, and geopolitical trends shaping the governance of space. The two analyze how space policy may change in the Trump Administration and how ongoing international negotiations may alter existing norms and expectations in outer space.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/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Donald Trump is going back to the White House and is already busy stocking his future Cabinet. Shane Harris sat down with two of The Washington Post’s best political reporters to talk about Trump’s victory, some of his initial choices for top national security positions--which are drawing extraordinary controversy--and what we might expect in Trump’s second term. Ashley Parker and Josh Dawsey covered Trump’s first term in office as White House correspondents. They also covered his latest campaign and are reporting now on what is shaping up to be another chaotic presidential transition. Read some of their latest reporting here: https://www.washingtonpost.com/politics/2024/11/06/how-donald-trump-won-presidential-election/ https://www.washingtonpost.com/politics/2024/11/09/harris-biden-trump-election-defeat/ https://www.washingtonpost.com/politics/2024/11/16/trump-transition-cabinet-controversy/Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Lawfare Associate Editor Olivia Manes sat down with with Marlene Laruelle, a Research Professor of International Affairs and Political Science at The George Washington University, and Director of GW's Illiberalism Studies Program, to discuss the financial, ideological, and historical connections between the American far-right and Russia. Marlene discussed the distinction between confluence and influence, white supremacist notions of a "pan-white" nation embodied by Russia, the role of the Russian Orthodox Church in fostering connections, 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/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Christie Hicks, the Managing Attorney overseeing Earthjustice's Clean Energy Program, and Mandy DeRoche, a Deputy Managing Attorney in Earthjustice's Clean Energy Program, join Kevin Frazier, Senior Research Fellow in the Constitutional Studies Program at the University of Texas at Austin and a Tarbell Fellow at Lawfare, to explore the intersection of environmental law and national security as the Biden administration prioritizes AI development. Drawing on the extensive experience of Christie and Mandy in utility regulation and environmental advocacy, they collectively examine the tensions between the push for advances in emerging technologies and existing environmental commitments, grid stability requirements, and clean energy goals.Discussed in the show:Texas Lt. Gov. Patrick's tweet: https://x.com/LtGovTX/status/1800968003636408657The NSM on AI: https://www.whitehouse.gov/briefing-room/presidential-actions/2024/10/24/memorandum-on-advancing-the-united-states-leadership-in-artificial-intelligence-harnessing-artificial-intelligence-to-fulfill-national-security-objectives-and-fostering-the-safety-security/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/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From September 21, 2021: A new book by Bob Woodward and Robert Costa contains reporting about several controversial actions by Chairman of the Joint Chiefs of Staff Mark Milley in late 2000 and early 2021, regarding conversations with his Chinese counterparts, his discussion with senior military officers about following standard nuclear procedures (if need be), and reaching out to others like the CIA and NSA directors to remind them to watch everything closely. Were each of these reported actions proper for a Chairman of the Joint Chiefs of Staff and why? And what about all of this coming out in books?To talk through it all, David Priess sat down with an A-team on civil-military relations. Peter Feaver is a civil-military relations expert at Duke University and director of the Triangle Institute for Security Studies. He served in National Security Council staff positions in both the Bill Clinton and the George W. Bush administrations. Kori Schake is the director of foreign and defense policy at the American Enterprise Institute who has worked in the Joint Staff J5, in the Office of the Secretary of Defense and in the National Security Council’s staff, as well as the State Department's policy planning staff during Bush 43’s administration. She has also researched and written extensively on civil-military relations. And Alex Vindman is Lawfare’s Pritzker Military Fellow and a visiting fellow at Perry World House. His government experience includes multiple U.S. Army assignments, time inside the office of the Chairman of the Joint Chiefs of Staff, and in the National Security Council staff.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/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editors Scott Anderson, Alan Rozenshtein, and Quinta Jurecic and Executive Director of the Institute for Constitutional Advocacy and Protection Mary McCord about Donald Trump's picks for his Cabinet and senior-level administration positions, including Matt Gaetz as attorney general and Pete Hegseth as secretary of defense, the possibility of Trump using the recess appointment power, 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/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Madeleine Baran and Parker Yesko, investigative reporters with the New Yorker’s In the Dark podcast, join Lawfare Managing Editor Tyler McBrien to discuss In the Dark: Season 3, which tells the story of a small group of Marines who killed 24 civilians in Haditha, Iraq, on Nov. 19, 2005.They also discussed “The War Crimes That the Military Buried,” a new database of possible American war crimes committed in Iraq and Afghanistan, which Baran and Yesko compiled over the course of their four-year investigation. 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/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week, Scott sat down with his Lawfare colleagues Anna Bower, Eugenia Lostri, and Roger Parloff to discuss the week’s big national security news, including:“Putting the Dismal in Dismissal.” Donald Trump’s election as president for a second time puts the state and federal criminal charges against him—and potentially some of his supporters and co-conspirators—in unprecedented historical territory. Where do these cases seem to be headed? And what will it mean for the broader effort at accountability, especially around Jan. 6?“Taking Bytes Out of Crime.” As one of its last acts in power, the Biden administration seems poised to support a forthcoming U.N. convention on cybercrime, despite reservations among some observers that it may be abused by autocratic regimes and strategic rivals. Why is the Biden administration tempted by the treaty? And what will its support at this late hour mean in practice?“Meme of Rivals.” Donald Trump is only one week in as president-elect but has already released a flurry of appointments and rumored appointments for senior positions in his forthcoming administration. And those appointed range from established Republicans like Sen. Marco Rubio, who is rumored to be Trump’s pick for Secretary of State, to iconoclasts like billionaire Elon Musk, who is co-heading a “Department of Government Efficiency” (or “DOGE”). What should we make of these selections thus far—and the process behind them?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/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On this episode, Lawfare Contributing Editor Justin Sherman sits down with Jacqueline Ford and Ronnie Solomon, attorneys in the FTC Division of Privacy & Identity Protection, to discuss the FTC’s new 6(b) staff report on the data practices of nine social media and video streaming companies, from Twitch to Discord to YouTube. They discussed the report’s findings on data collection, retention, and use practices, and cover the privacy impacts of these practices, their intersections with FTC regulatory powers, and what the report authors recommend next.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/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Eugenia Lostri, Senior Editor at Lawfare, sat down with Jonathan Horowitz, Deputy Head of the Legal Department to the ICRC’s Delegation for the United States and Canada, to discuss his recent article, “The Business of Battle: The Role of Private Tech in Conflict.” They talked about how international humanitarian law principles can affect the private digital sector, the risks that tech companies can face when they provide services to a party in an armed conflict, and what they should do to minimize those risks. 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/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

As the U.S. tries to come to grips with a resurgence of political violence in recent years, it's instructive to look at how the norm against political violence eroded during the late Roman Republic and contributed to ultimately autocratic rule.Catherine Steel, Professor of Classics at the University of Glasgow, specializes in the political history of the Roman Republic and its institutional structures and has written books and articles about the period. She joined David Priess to discuss her path from studying Cicero to researching and teaching the politics and history of ancient Rome, the core political features of the Republic, the concept of tribunal sacrosanctity, the challenges of dealing with primary sources on ancient Rome, how political violence flared in 133 BCE around Tiberius Gracchus, the political violence 12 years later around his brother Gaius Gracchus, the 20 years of off-and-on political violence around Marius and Sulla, the intent and effects of Sulla's constitution, the lead-up to Julius Caesar, Roman citizens' awareness of changes in the Republic, implications for today, and more.Works mentioned in this episode:The Storm Before the Storm by Mike DuncanMortal Republic by Edward J. WattsThe End of the Roman Republic, 146 to 44 BC, by Catherine Steel"The Roman Senate and the Post-Sullan res publica," Historia (Journal of Ancient History) 63:3 (2014) by Catherine SteelRoman Republics by Harriet FlowerThe Art of Forgetting by Harriet FlowerAncestor Masks and Aristocratic Power in Roman Culture by Harriet FlowerChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Jack Goldsmith sits down with Keith Whittington, David Boies Professor of Law at Yale Law School, to discuss his new book, “The Impeachment Power: The Law, Politics, and Purpose of an Extraordinary Constitutional Tool.” They discuss what the Constitution says about the impeachment power, how we should think about high crimes and misdemeanors, why impeachment shows that Congress is the preeminent branch of government, and the goals and values of impeachment. They also discuss the abuse of the impeachment power given current politics and what can be done about it, as well as whether Trump should have been convicted and disqualified in the second impeachment.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/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From February 10, 2018: In his recent New York Times bestseller “Trumpocracy: The Corruption of the American Republic,” David Frum, senior editor of The Atlantic, lays out a compelling account of how President Donald Trump’s tendencies could push the United States toward the illiberalism that many Americans believe the republican system of government to be immune to. In an event on Feb. 7 at the Brookings Institution, Frum sat down with Jonathan Rauch, Elaine Kamarck, and Lawfare’s Benjamin Wittes for a conversation and Q&A on the book and Trump’s threats to democracy.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/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From November 12, 2016: This week, the Lawfare Podcast brings you a joint episode of the show together with Rational Security. The usual Rational Security gang—Shane, Ben, Tamara, and Susan—reflect on the results of the election and ask: What national security themes drove Donald Trump's supporters? What challenges does Trump face forming a government? And how will America’s allies react to his election?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/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editors Molly Reynolds and Quinta Jurecic to discuss how Congress may change given the results of the 2024 election, what congressional oversight might look like during President-elect Donald Trump’s second term, how Congress will work with Trump’s administration, and more in a live recording on Lawfare’s YouTube channel.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/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Today, Lawfare General Counsel and Senior Editor Scott R. Anderson and Lawfare Contributing Editor Brandon Van Grack sat down with Devin DeBacker, the Chief of the Foreign Investment Review Section at the U.S. Department of Justice, to talk about the new program his office is setting up regulating foreign transactions involving bulk data on Americans.Together, they discussed the contours of the new regulatory program, what sorts of exploitation of Americans’ data it aims to prevent, and how it intersects with other steps Congress has taken, including the recent Protecting Americans’ Data from Foreign Adversaries Act.This episode is part of our special series, “The Regulators,” co-sponsored with Morrison Foerster, in which Brandon and Scott sit down with senior U.S. officials working at the front lines of U.S. national security and economic statecraft.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/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This episode of “Lawfare Live: Trump’s Trials and Tribulations,” was recorded on November 7 in front of a live audience on YouTube and Zoom.Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Senior Editors Scott R. Anderson, Anna Bower, and Roger Parloff about how Donald Trump winning the 2024 presidential election will impact the criminal cases against him, his ability to pardon himself and his co-defendants, and more.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On Tuesday, November 5, former President Trump won the 2024 presidential election, becoming the second president to win a non-consecutive second term. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editors Alan Rozenshtein, Scott R. Anderson, Anna Bower, and Quinta Jurecic to discuss what happens now. They talk about what a second Trump administration may bring and what to keep an eye out for during the transition in a live recording on Lawfare’s YouTube channel.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/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.