The Lawfare Podcast

Mark Cancian, a Senior Adviser at the Center for Strategic and International Studies, dives into the strategic implications of a potential Chinese blockade of Taiwan. He explains why China might favor a blockade over an invasion and the associated risks of escalation. Cancian explores Taiwan's military vulnerabilities and the crucial role of U.S. and Japan's support. He emphasizes the importance of defense preparedness and discusses how the blockade could disrupt global trade, especially in semiconductor manufacturing.

Anna Bower, a Senior editor and trial correspondent, Tyler McBrien, Managing editor, and Peter Harrell, an economics expert, dive into pressing national security issues. They discuss the U.S. government’s controversial investment in Intel amid global AI competition. The guests analyze Indian Prime Minister Modi’s diplomatic gestures towards Russia and China, signaling challenges for U.S. relations. Legal battles over the deportation of unaccompanied minors also take center stage, revealing the intricate intersections of immigration law and government policy.

A live discussion dives into significant judicial rulings affecting Trump’s policies, including a judge blocking the deportation of unaccompanied migrant children to Guatemala. They also evaluate a ruling that declared Trump’s National Guard deployment unlawful under the Posse Comitatus Act. The conversation highlights legal intricacies around military deployment, presidential authority, and recent tariff reversals. With a mix of serious analysis and humor, they examine how these decisions shape U.S. governance and the rights of vulnerable populations.

Zach Price, an Associate Professor of Law at UC Law San Francisco, and Phil Wallach, a Senior Fellow at the American Enterprise Institute, dive into the controversial topic of pocket rescissions. They discuss the legal ramifications of these budgetary maneuvers and their implications for congressional power. The guests highlight the tension between the legislative and executive branches and explore how such practices could undermine Congress's authority. Their insights shed light on the evolving dynamics of budget control in American governance.

Quinta Jurecic, a staff writer at The Atlantic, joins a lively discussion on the Trump administration’s controversial actions. They delve into the legality of the $4.9 billion foreign aid cancellation and its impact on current litigation. The talk also covers the expanding role of the Pentagon in domestic law enforcement and the complexities of Federal Reserve member Lisa Cook's removal challenge. Throughout, the group explores the tangled web of legal interpretations that shape governance in today's political landscape.

Richard Albert, the William Stamps Farish Professor in Law and Director of Constitutional Studies at the University of Texas at Austin, joins Kevin Frazier for a deep dive into constitutional resilience. They explore what factors allow constitutions to endure political strain, analyzing the U.S. Constitution's rigidity compared to international counterparts. The conversation touches on hydraulic pressure leading to constitutional change, the complexities of amendment processes globally, and the cultural reverence surrounding the U.S. Constitution as a symbol of American values.

Vanda Felbab-Brown, an expert on non-state armed actors and Russian mercenaries at the Brookings Institution, joins the discussion about the Wagner Group's evolution after Prigozhin's death. They dive into the recent conflicts in Mali, exploring the group's dual role supporting the junta while facing insurgent attacks. The conversation sheds light on Moscow's tightening grip on private military contractors and the implications for Russian influence in Africa. Felbab-Brown also unpacks the intertwining of organized crime and military operations, creating a complex picture of power dynamics.

Peter E. Harrell, an expert in national security policy at the Center for a New American Security, joins Kevin Frazier to dissect the U.S. government's 10% stake in Intel. They discuss the implications for competition and national security, questioning the legality of such government interventions in the tech sector. The conversation also delves into the complexities of the Defense Production Act and the Government Corporation Control Act, addressing transparency and favoritism concerns in semiconductor investments.

Eric Ciaramella, a Senior Fellow at the Carnegie Endowment for International Peace, delves into the complexities of U.S. security commitments during a captivating discussion. He compares historical defense treaties, like those with Japan and Israel, to Ukraine's current security needs. Ciaramella highlights how Ukraine could learn from Israel's security strategies while navigating ambiguous NATO commitments. The conversation underscores the importance of clear diplomatic language and congressional support in shaping effective security guarantees for Ukraine, particularly in the context of Russian aggression.

Renée DiResta, a Lawfare contributing editor and disinformation expert, and Michael Feinberg, an incoming public service fellow and former FBI agent, dive into the intricate world of national security. They discuss the recent FBI raid on John Bolton, exploring its implications for Trump’s critics and the legal landscape. The conversation also touches on security clearance revocations and the political dynamics surrounding them. With humor and insight, they navigate the complex interplay between politics, law enforcement, and social media's role in shaping public perception.