The Lawfare Podcast

In this engaging discussion, Peter Harrell, an attorney and sanctions expert, and Richard Nephew, a senior research scholar focused on sanctions and energy policy, dive into the complexities of the Iran nuclear agreement and recent U.S. actions. They explore the implications of the Trump administration's withdrawal, the impact on Russian and European companies, and Iran's nuclear enrichment timeline. The duo addresses the challenges a new administration would face in re-entering the agreement and reflects on the strategic value of sanctions in U.S. foreign policy.

Francis Shen, Professor of Law and director of the Shen NeuroLaw Lab, delves into the intersection of AI and criminal justice. He discusses how AI can boost criminal investigations and enable precision sentencing, emphasizing the importance of better data for individualized justice. Shen raises ethical concerns about AI bias and the need for transparency in local government implementations. He also advocates for community engagement to address fears about AI's impact, arguing that it’s crucial for lawyers to shape AI's future in the legal system.

In this discussion, Tyler McBrien, Michael Feinberg, and Ariane Tabatabai dive into pressing national security issues. Ariane sheds light on the unrest in Iran, detailing its economic roots and the regime's brutal crackdown, with casualties estimated in the thousands. Michael critiques the U.S. response to immigration enforcement violence, questioning the narrative around ICE's actions. The team also navigates the complexities of military intervention in Iran and the geopolitical implications of U.S. interests in Greenland.

Ashley Deeks, a law professor at the University of Virginia, and Kristen Eichensehr from Harvard Law School dive into the concept of 'entrepreneurial federalism,' where states actively engage in national security policy. They discuss state actions like sanctions and TikTok restrictions and the legal implications of these initiatives. The conversation highlights the importance of preserving state powers, the complexities of federal-state relations, and offers practical advice for states in crafting laws. Their insights reveal how a shifting national security landscape challenges traditional governance.

In this enlightening discussion, John Dinkelman, president of the American Foreign Service Association and a veteran diplomat, unveils alarming findings from AFSA's latest report on the U.S. Foreign Service. He reveals how a recent survey highlighted critically low morale among diplomats, attributing this to budget cuts and fears of retaliation. Dinkelman warns that politicization of the Foreign Service threatens U.S. national security and emphasizes the need for congressional oversight. His commitment to advocating for diplomatic integrity shines through, urging the public to support a resilient foreign service.

In this insightful discussion, Richard Nephew, a Senior Research Scholar at Columbia University and former Deputy Special Envoy for Iran, dissects the current unrest in Iran amidst severe regime crackdowns. He highlights the implications of the U.S. military response options, weighing limited actions against larger campaigns. Nephew also examines Iran's nuclear reconstitution risks and tactical repercussions from summer strikes, while scrutinizing the weak ties between Iran and its proxies, as well as Iran's relationships with Russia and China.

The podcast dives into the Minnesota ICE shooting, analyzing officer conduct and the justification for deadly force. Experts discuss the implications of the Maduro indictment on Alien Enemies Act cases and debate a recent wrongful deportation order. Insights are shared on the disqualification of a U.S. attorney and ongoing litigation challenges linked to national security claims. The team also addresses audience questions about legality and civil suits in the context of recent events.

Roberta Jacobson, the former U.S. Ambassador to Mexico, brings her wealth of experience to discuss the historic election of Claudia Sheinbaum, Mexico's first female and Jewish president. They delve into voter concerns over cartel violence and the economy, and the potential implications of Sheinbaum's relationship with AMLO. Jacobson also highlights the troubling rise of one-party dominance and the risks it poses to democracy. Analyzing future U.S.-Mexico relations, she emphasizes the importance of cabinet selections and key security issues to watch for in the new administration.

Jacob Glick, former investigative counsel for the January 6th Select Committee and current policy counsel at Georgetown, dives into the intricate web of far-right extremism. He outlines how COVID isolation fueled radicalization and discusses the role of social media in propagating extremist ideas. Glick shares insights from his interviews with rioters, revealing their motivations and the challenges in understanding their perspectives. He highlights the persistent threat of extremist movements and advocates for stronger anti-paramilitary laws to address vigilante groups.

The podcast dives into the controversial shooting of Renee Nicole Good by an ICE officer in Minneapolis. Eyewitness videos clash with official statements from the DHS and the White House, raising critical questions about the use-of-force policies. The discussion also explores the complexities of prosecuting federal agents at the state level and the nuances of federal investigation protocols. With insights on jurisdictional issues and potential civil litigation, the hosts unravel the tangled web of legal repercussions surrounding this high-profile case.