The Lawfare Podcast

Christina Koningisor, a law professor at the University of Utah and author of "Secrecy Creep," tackles the troubling rise of government secrecy in state and local contexts. She discusses how state officials now wield secrecy tactics historically reserved for national security, threatening democratic accountability. The conversation highlights the implications of doctrines like the Glomar response, the misuse of security measures at local levels, and the urgent need for reform in public records laws to bolster government transparency.

Joel Braunold, Managing Director of the S. Daniel Abraham Center for Middle East Peace, shares his expertise on the Israeli-Palestinian conflict. He discusses the current state of the Gaza crisis and the complexities of hostage negotiations with Hamas. The conversation also covers Trump's Middle East trip, examining its implications for U.S. foreign policy, regional diplomacy, and Israel's governance challenges. Braunold highlights the evolving dynamics of the Palestinian Authority and the intricate relations between Israel, Palestine, and the U.S.

In a lively discussion, Natalie Orpett, Daniel Byman, and Tyler McBrien tackle significant national security issues. They dive into escalating tensions between India and Pakistan over Kashmir, with insights on a fragile U.S.-brokered ceasefire. The trio also examines President Trump's unexpected policy shift regarding the Houthis in the Red Sea, questioning its long-term credibility. Legal complexities surrounding foreign gifts and the curious 'doodle ordinance' add a unique twist to their debate, blending humor with serious insights on governance and law.

Evan Braden Montgomery and Toshi Yoshihara, both Senior Fellows at the Center for Strategic and Budgetary Assessments, delve into the rising tensions between China and Taiwan. They discuss Beijing's coercive strategies, including blockades and subversion, and the threats posed to Taiwan's key figures. The duo also explores how Taiwan and the U.S. can adapt to deter potential aggression, emphasizing Japan's crucial role in East Asian defense. Furthermore, they highlight the implications of China's nuclear modernization on regional stability.

Cullen O’Keefe, Research Director at the Institute for Law and AI, discusses the concept of Law-Following AI (LFAI). He and his co-hosts delve into the ethical and legal challenges posed by advanced AI agents, including their potential for harm without oversight. They explore the balance between fostering AI innovation and ensuring robust regulatory frameworks. The conversation highlights the need to adapt legal systems to protect civil liberties while integrating AI into public services, stressing the importance of public trust in these powerful technologies.

In an insightful discussion, Mykola Bielieskov, a prominent Ukrainian analyst and Research Fellow, delves into the stalled peace negotiations between Ukraine and Russia. He critiques Donald Trump's assertions about a quick resolution to the conflict and examines the complexities of Ukraine's national interests against shifting U.S. leadership. Bielieskov highlights Russia's deceptive ceasefire tactics, the ongoing challenges faced in sovereignty talks, and the crucial role of NATO. His analysis sheds light on the strategic calculations impacting regional stability.

A live discussion dives into the civil litigation surrounding Trump’s executive actions, highlighting the release order for Rümeysa Öztürk and conflicts over Radio Free Europe funding. The complexities of immigration law and freedom of expression are explored through a Tufts University student's detention case. Delving into the Justice Department’s shifting dynamics, the conversation addresses the impact of political appointees. Key legal battles reveal the intersection of deportation, human rights, and government scrutiny, providing fascinating insights into the current legal landscape.

Maya Kornberg, a Research Fellow at the Brennan Center's Elections and Government Program, discusses a new report on the alarming rise of intimidation against state and local officeholders. She highlights incidents of political violence, such as the January 6 insurrection and the attack on Paul Pelosi, revealing the dangers public officials face today. The conversation also covers the unique challenges faced by women and minorities, the role of social media in amplifying threats, and the urgent need for mental health support for those in public service.

Christine Fair, a professor at Georgetown University specializing in South Asian political affairs, joins Benjamin Wittes to delve into the aftermath of India's revocation of Article 370 in Kashmir. They discuss the region's political upheaval and the implications for local governance amid an intense military presence. Fair highlights the rising Hindu nationalism, the geopolitical anxieties related to Afghanistan, and how these factors intertwine with Kashmir's complex history. The conversation urges for international attention on the ongoing struggles and human rights issues facing the local population.

Ben Brooks, a fellow at Harvard's Berkman Klein Center and former head of public policy for Stability AI, dives into the explosive rise of open-source AI. He discusses the ethical and security implications of open-weight models, particularly regarding U.S.-China tech competition. Brooks highlights the geopolitical challenges like national security versus innovation. The conversation also covers the critical need for regulation and the ongoing evolution of AI governance as it intersects with personal privacy and business innovations.