The Lawfare Podcast

Michael O'Hanlon, a senior fellow at the Brookings Institution, and Andriy Zagorodnyuk, former Ukrainian Defence Minister, discuss Ukraine's defense strategies amid the absence of NATO support. They explore innovative military tactics, including advancements in drone warfare and the importance of functional defeat. The conversation also highlights the historical context of military strategies, particularly lessons from the Winter War, and emphasizes the need for a robust defense posture while considering Ukraine's fight for independence from Russian aggression.

James Pearce, a Lawfare contributor and counsel at the Washington Litigation Group, joins Benjamin Wittes and others to dive into the current legal labyrinth surrounding the Trump administration. They dissect the FBI's controversial search of John Bolton's home and the implications for national security. The discussion moves to a judge's ruling against Alina Habba's appointment and a Supreme Court ruling impacting grant terminations. Listeners are treated to insightful analysis on selective prosecution and the evolving nature of political appointments amid ongoing legal challenges.

Marcel Plichta, a Fellow at the Centre for Global Law and Governance, and former U.S. Department of Defense analyst, discusses Ukraine's innovative drone campaign against Russia. He highlights Ukraine's strategic target choices, including deep strikes into Russian territory, and the psychological impact on Russian military morale. The conversation also explores the evolution of drone technology and its implications for global warfare, particularly contrasting Ukraine's decentralized production model with Russia's centralized approach.

Joseph Lengyel, former Chief of the National Guard Bureau, and Craig McKinley, the 26th Chief of the Guard, join notable officials like Allyson Solomon and Daryl Bohac to discuss the evolving role of the National Guard in domestic affairs. They explore unconventional deployments, particularly during the 2024 election year, highlighting legal complexities and implications for democracy. The conversation touches on the importance of civil control, potential legislative reforms, and the challenges of maintaining an apolitical stance in the Guard's increasingly diverse missions.

Asaf Lubin, a contributing editor at Lawfare and a law professor at Indiana University, and Deborah Housen-Couriel from the Hebrew University of Jerusalem, delve into the European Court of Human Rights' recent ruling affecting digital rights in war. They analyze implications for privacy amidst conflicts, the challenges posed by Russia’s non-participation in legal cases, and the impact of data collection on civilians in Ukraine. Their insights highlight the evolving landscape of warfare and the urgent need for international legal standards on digital privacy.

Join Peter Harrell, a former senior official at the White House, Janet Egan, an expert on technology and national security, and Sam Winter-Levy from Carnegie in a riveting discussion about the recent decision permitting Nvidia and AMD to export advanced AI semiconductors to China. They delve into the strategic risks of this deal, the implications for U.S.-China relations, and the challenging legal landscape surrounding export controls, raising concerns about national security and the future of global technological competition.

Anna Bower, a senior editor at Lawfare, Chris Mirasola, a legal expert, and Mykhailo Soldatenko, a Harvard scholar focusing on Ukraine and Russia, delve into pressing national security topics. They analyze the recent high-stakes diplomacy involving President Trump, Putin, and Zelensky, discussing the complexities of negotiating peace in the Ukraine conflict. The trio also explores federal law enforcement's controversial role in D.C. and the legal intricacies of military deployment, alongside intriguing insights into the Epstein files and their political ramifications.

Adam Chan, National Security Counsel at the FCC, offers insights into new regulations on submarine cables aimed at enhancing national security. He discusses the vital role these cables play in global communication, handling 99% of high-speed internet traffic. The conversation delves into requirements for cybersecurity certifications from license applicants and strategies to limit Chinese influence on U.S. infrastructure. Chan highlights the importance of collaboration between the government and industry to address emerging threats in the telecommunications landscape.

This discussion features Eric Ciaramella, a Carnegie Senior Fellow specializing in foreign policy, along with Anastasiia Lapatina and Mykhailo Soldatenko, experts in Ukrainian affairs and legal issues. They dissect the recent Alaska Summit between Trump and Putin, exploring the implications for U.S.-Russia relations amid the ongoing Russo-Ukrainian War. The conversation highlights the complexities of diplomacy, the role of European leaders in supporting Ukraine, and the challenges of asserting security commitments while navigating international negotiations.

Chris Mirasola, a Lawfare contributor specializing in domestic deployments, dives into the legal confrontations Washington D.C. has lodged against the Trump administration. They discuss the implications of attempts to control the Metropolitan Police and the complexities involved in recent federal funding litigation. Mirasola sheds light on legal ambiguities surrounding National Guard mobilization, examining court decisions and their impacts. The conversation also highlights the tussle between military and civilian law, especially in light of the Posse Comitatus Act.