The Lawfare Podcast Lawfare Daily: Ask Us Anything About 2025
Jan 2, 2026
A dynamic discussion unfolds as contributors tackle a range of pressing legal issues. They dive into presidential immunity and the nuances of AI regulations. The legality of military action and congressional authority comes under scrutiny, revealing the delicate balance of power. Questions about executive overreach and the implications of pardons prompt insightful debates. Additionally, the impact of state AI laws and global initiatives to ensure AI safety highlight the evolving landscape of technology and governance.
AI Snips
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Transcript
Episode notes
Blockade Is Lawful But Practically Challenging
- A blockade is an act of war but can be lawful if tied to self-defense under Article 51 and properly justified.
- Practically, blockading China would be hard due to alternate supply routes and China's energy diversification efforts.
Boat Strikes Lack Solid Legal Foundation
- The administration frames maritime drone strikes as a non-international armed conflict against 'narco terrorists.'
- Natalie Orpett argues that international and domestic law do not support that characterization, making the strikes likely illegal.
Use Congress To Force Judicial Review
- Congress can restrict presidential uses of force via statutes or expedited War Powers procedures and force judicial review.
- To provoke court intervention, Congress should enact clear restrictions that create an explicit branch conflict.
