The Lawfare Podcast

Anne Applebaum, a columnist and historian known for her book "Twilight of Democracy," delves into the unsettling rise of authoritarianism globally. She discusses how political shifts and social media fuel these movements, while illustrating the surprising commonalities across countries such as the U.S. and Poland. Applebaum highlights the interconnectedness of right-wing ideologies and their strategic use of nationalist rhetoric, reflecting on the risks posed to democratic institutions and emphasizing the need for vigilance against these emerging threats.

Gregory Johnsen, an expert on Yemen and the Houthi movement, joins Scott R. Anderson to discuss the recent surge in Houthi attacks on shipping and military forces in the Red Sea. They delve into the U.S. and U.K. military responses and the legal complexities surrounding these actions, including the War Powers Resolution. The conversation highlights the implications of these attacks on global trade, the Houthis' strategic gains amidst conflict, and the persistent challenges of engaging with non-state actors in the region.

Kathleen Romig, Director of Social Security and Disability Policy at the Center on Budget and Policy Priorities, and Devin O’Connor, Senior Fellow at the same center, delve into alarming developments regarding the Social Security Administration's 'Death Master File.' They discuss how this data is being misused in immigration enforcement, risking grave consequences for living immigrants wrongly marked as deceased. The conversation addresses ethical concerns, oversight failures, and the broader implications of politicizing Social Security in the current landscape.

Tanvi Madan, a Senior Fellow at the Brookings Institution who specializes in Indian foreign policy, sheds light on the escalating crisis in Kashmir. She discusses the recent terrorist attack, detailing its implications for India-Pakistan relations and the impact on local communities. Madan also highlights the limited roles of global powers like the U.S. and China in alleviating tensions. The conversation emphasizes the historical context, human rights concerns, and the urgent need for diplomacy amidst rising violence.

This week, Scott sat down with his Lawfare colleagues Molly Reynolds and James Pearce to talk through the week’s big national security news, including:“Rounding the ‘Feels Like It’s Been a Century’ Mark.” As President Trump comes to the end of his second first 100 days in office, he and his supporters are laying claim to FDR’s mantle as the president to accomplish the most in such a short period of time. But how much success has Trump really had in enacting his broader policy agenda? How should we be seeing Trump’s administration as it rounds this milestone?“The Art of the Appeal.” More than three months into his second term in the White House, President Trump has clearly embraced a new legal strategy: antagonistic towards the courts, aggressive in its claims of presidential power, and more than willing to run to the Supreme Court for validation. But so far that validation has been slow to come, and there are signs that even some judges appointed by Trump are growing weary and wary of his tactics. How successful is Trump’s legal strategy proving? Could an alternative be more effective?“DOGE-ing a Bullet.” A new report from the minority staff of the Senate’s permanent subcommittee on investigations claims that Elon Musk’s involvement in the Trump administration and his role in dismantling federal agencies could save his various companies billions in regulatory costs and other potential liabilities. Is this a clear conflict of interest? Or does this report reflect other factors in play?In object lessons, Molly had a mighty craic in happening upon Blue Lights, a police procedural set in Belfast, and urges you to give it a lash. Scott, hailing victory and fighting for Old DC, cheered the thought of a new RFK Stadium. And James encouraged listeners to maki their way over to a local Japanese restaurant, where the sushi isn’t the only thing rolled.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/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Andrew Bakaj, Chief Legal Counsel at Whistleblower Aid, shares insights on the alarming claims made by NLRB whistleblower Daniel Berulis regarding potential data breaches linked to DOGE. The discussion digs into the significance of whistleblower protections and the ethical dilemmas faced by those who expose wrongdoing in federal agencies. Bakaj highlights the challenges of ensuring accountability while maintaining confidentiality and emphasizes the need for independent investigations to protect national security. A compelling look into the world of whistleblowing!

Matt Lawrence, an Associate Professor of Law at Emory, Eloise Pasachoff from Georgetown, and Zach Price from UC Law San Francisco delve into the concept of 'Appropriations Presidentialism.' They discuss how the executive branch seeks to control federal fund allocation, examining historical tensions between Congress and the presidency. The trio also highlights the unique spending tactics of the Trump administration, the intricacies of legal challenges in federal spending, and the evolving balance of power in legislative oversight.

In a live conversation on April 25, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Anna Bower, Scott Anderson, and Roger Parloff, Lawfare Legal Fellow James Pearce, and Lawfare Contributor Preston Marquis to discuss the status of the civil litigation against President Trump’s executive actions, including the arrest of a Wisconsin state judge by the Department of Homeland Security, the Alien Enemy Act removal cases, the ban on transgender service members in the military, and more.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Quinta Jurecic, a legal scholar specializing in national security law, joins Andrew Kent, a Fordham law professor, to discuss the stark contrast in congressional reforms following presidential misconduct between the Watergate era and Trump’s departure. They explore the failure of Congress to pass significant reforms like the Protecting Our Democracy Act and analyze political polarization's impact on legislative action. The conversation delves into historical parallels, the challenges of modern governance, and the pressing need for accountability in leadership.

Chris Whipple, a renowned documentary filmmaker and author of "The Spymasters" and "The Gatekeepers," explores the intricate dynamics between CIA directors and the presidency. He discusses ethical dilemmas faced by directors during crises and the impact of their decisions on national security. Whipple highlights the evolution of the CIA post-Cold War, controversial interrogation techniques, and the delicate balance of diplomacy in intelligence. He also reflects on former directors publicly criticizing presidents and the implications this has for the intelligence community.