The Lawfare Podcast

Legal experts Laura Dickinson, Chris Mirasola, and William Banks dive into the controversial deployment of U.S. troops in Los Angeles. They discuss the legal frameworks like the Posse Comitatus Act that govern military involvement in civilian law enforcement, and the implications for federal authority versus state sovereignty. The conversation raises concerns about excessive force and public trust, while also considering the historical context of military engagement in domestic crises. It's a critical look at the evolving intersection of military power and civil rights.

The podcast dives into the pivotal moments of U.S.-Ukrainian relations, particularly following Russia's invasion of Ukraine in February 2022. It highlights the contrasting approaches between U.S. and Ukrainian officials regarding military support and strategy. The emotional impact of the invasion on Ukrainians is vividly captured, showcasing their resilience amid chaos. Key discussions focus on the logistical challenges of international aid, varying perceptions of the conflict, and the complexities of maintaining alliances during a crisis.

In this engaging discussion, Clay Risen, author and New York Times writer, explores the haunting echoes of McCarthyism in today’s society. Risen delves into the dynamics of accusation and evidence during the Red Scare, shedding light on the erosion of civil liberties. He highlights lesser-known figures who bravely resisted the oppressive climate and draws parallels to current political challenges. The conversation emphasizes the importance of skepticism in media and the courage required to challenge conformity in the face of systemic injustices.

Chris Mirasola, a Lawfare contributor and former Defense Department lawyer, joins to discuss the recent call-up of the California National Guard amid protests against immigration policies. The conversation explores the implications for constitutional order and the potential use of the Insurrection Act. They also tackle the Trump administration's request to rescind federal spending related to foreign assistance and public broadcasting, debating its likelihood of passing in Congress. The podcast further dives into the complexities surrounding a controversial deportation case and its legal challenges.

Christina Knight, Machine Learning Safety and Evals Lead at Scale AI and former senior policy advisor at the U.S. AI Safety Institute, discusses crucial aspects of evaluating frontier AI models. She emphasizes the need for rigorous testing and addressing vulnerabilities to enhance AI safety. The conversation also highlights the urgency for global governance in AI, innovative tactics like red teaming to mitigate risks, and the importance of adaptable safety measures tailored to specific applications in the face of evolving threats.

Tensions in U.S.-Ukrainian relations come to a head during the controversial Trump-Zelensky phone call. The struggles of Ukrainian Cultural Forces to secure Congressional support as a 2024 election looms highlight political complexities. Personal experiences of war shed light on trust issues amid delayed aid. Cultural moments, like a moving Metallica performance on the bandura, interweave with geopolitical strife. The narrative captures the evolving dynamics of aid and political pressures that redefine U.S. involvement in Ukraine.

Daphne Keller, a leading internet law expert, joins Joan Barata, a senior legal fellow focused on free speech, and Dean Jackson, a technology policy editor, for a deep dive into European tech regulation. They explore the shift of the EU’s disinformation code into a binding Digital Services Act and its implications for free speech. The trio also highlights challenges of defining disinformation, the interplay of censorship and compliance, and the impact of recent U.S. visa policies on European censorship narratives. The discussion reveals the complexities shaping today's digital landscape.

In this engaging discussion, James Pearce (Legal Fellow at Lawfare), Anna Bower (Senior Editor at Lawfare), and Roger Parloff (Senior Editor at Lawfare) dive into critical legal issues surrounding the Trump administration. They explore a recent Supreme Court ruling blocking discovery against DOGE, the indictment of Kilmar Abrego Garcia, and Trump's controversial executive order affecting Harvard University. The conversation also touches on broader implications of legal challenges faced by the administration and how they shape the landscape of executive power and due process.

Rachel Alpert, a partner at Jenner & Block and former State Department attorney, teams up with Alex Zerden, founder of Capitol Peak Strategies and former Treasury Department official, to tackle humanitarian sanctions. They discuss recent policy shifts that create exemptions for humanitarian aid amidst sanctions targeting terrorist groups. Delving into the challenges faced in regions like Syria and Afghanistan, they highlight the need for legal reforms and collaboration among organizations to improve aid delivery while preventing exploitation by extremist entities.

Marc Garlasco, a former war crimes investigator and current military advisor at PAX, teams up with Emily Tripp, Director of Airwars, to discuss vital issues surrounding civilian protection in conflict zones. They analyze the Pentagon's groundbreaking policy on civilian harm reduction amidst ongoing challenges, particularly in Gaza. The conversation covers the disconnect between military initiatives and the realities faced by civilians, the ethical responsibilities of military operations, and the crucial partnerships between NGOs and military entities to enhance humanitarian efforts.