The Lawfare Podcast

Legal experts dive into the civil litigation against Trump’s executive actions, highlighting a judge's contempt ruling tied to the Alien Enemies Act. The discussion touches on trends in habeas corpus cases for immigrants and the complexities of due process. A humorous look at legal rivalry fundraising adds spice, while personal journeys and the Abrego Garcia case showcase the struggles of returning unjustly imprisoned citizens. Insights on government accountability from courts underscore the judiciary's evolving stance amidst political tensions.

From January 26, 2021: Jack Goldsmith sat down with Michael McConnell, the Richard and Frances Mallery Professor and director of the Constitutional Law Center at Stanford Law School, a senior fellow at the Hoover Institution and the author of the new book, "The President Who Would Not Be King: Executive Power Under the Constitution." They discussed McConnell's textual historical approach to interpreting presidential power under Article II of the U.S. Constitution, the many novel elements of executive power embodied in Article II and the proper understanding of Article II's Vesting Clause. They also talked about contemporary implications of Michael's reading of Article II for war powers, the unitary executive and late impeachments.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.

From March 6, 2023: Amichai Cohen and Yuval Shany are both Israeli legal scholars and longtime Lawfare contributors. Shany is a professor of international law at the Hebrew University Law School in Jerusalem. Cohen is a professor at Ono Academic College. They are both scholars at the Israel Democracy Institute, and together they are also co-authors of a six-part series in Lawfare about the ongoing effort by the Israeli government to alter the Israeli judicial system. It is a detailed account of a very serious reform operation in Israel, one that the authors argue is dangerous. They joined Lawfare Editor-in-Chief Benjamin Wittes to discuss the ongoing protests in Israel, the ongoing legislative efforts, and the history of the Israeli judicial system and its growing power that has led to this crisis.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.

In recent weeks, President Trump has embarked on a campaign of extortion against law firms, pushing major firms to either reach agreements with the White House or face executive orders in retribution. A number of major firms have chosen to negotiate—agreeing to deals that are already under pressure as the White House seeks to extract more. Four firms—Perkins Coie, Jenner & Block, WilmerHale, and Susman Godfrey—have chosen to fight retaliatory executive orders in court and have secured temporary restraining orders against the administration. John Keker and Bob Van Nest joined the podcast to discuss these events. They’re partners at the firm Keker, Van Nest & Peters, and—along with their fellow partner Elliot Peters—published an op-ed in the New York Times urging law firms to stand up for themselves. In conversation with Lawfare Senior Editor Quinta Jurecic, they discussed why the Trump administration’s efforts pose such a threat to the rule of law and shared their insights into the dynamics inside law firms right now, what pressures might move a firm to capitulate, and what the firms that have chosen to fight are risking in the process.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.

The podcast dives into the gripping legal battle surrounding Kilmar Abrego Garcia, who was mistakenly deported to a dangerous Salvadoran prison. Hosts share live coverage of a recent court hearing led by Judge Paula, underscoring the government's appeal and the challenges of compliance in deportation cases. With insights on the complexities of judicial processes and the strategic maneuvers at play, the discussion highlights the implications of gang affiliation allegations and the importance of accountability in immigration law.

Jonathan Lowy, an attorney at Global Action on Gun Violence, discusses representing Mexico in its groundbreaking lawsuit against U.S. gun manufacturers. Freelance journalist Chantal Flores sheds light on cartel violence and the implications of American gun availability. The conversation highlights the legal complexities of gun liability, the urgent need for accountability, and the effects of U.S. firearms on Mexican public safety. They delve into the connections between gun trafficking and corruption, emphasizing a call for transparency and reform.

Daniel Kokotajlo, a former OpenAI researcher and Executive Director of the AI Futures Project, along with Eli Lifland, a researcher in the same project, delve into the AI 2027 report predicting superhuman AI development within the next decade. They discuss the potential impacts of AI on various sectors and the ethical considerations that arise. The report has sparked a lively dialogue on social media, addressing both excitement and skepticism among audiences. They emphasize the urgency of preparing for advanced AI and its societal implications.

Bob Bauer, a contributing editor at Lawfare and a distinguished legal scholar, joins a panel of experts to dissect the complex legal landscape surrounding litigation against Trump’s administration. They explore significant Supreme Court rulings impacting executive actions and immigration cases. The conversation highlights courtroom drama, the challenges law firms face, and the delicate balance between executive power and judicial authority. They also delve into recent developments concerning press freedoms and ethical dilemmas within the tumultuous legal environment.

Stephen Vladeck, the Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law, dives into the controversial Supreme Court 'shadow docket.' He explores its origins linked to 1973 emergency orders and its rise in importance today. Vladeck discusses how these stealth rulings impact key issues like immigration and abortion, revealing the complexities and criticisms surrounding this opaque judicial process. He suggests potential reforms to enhance transparency and limit its unchecked power.

Byron Tau, a reporter with The Wall Street Journal, dives into the unsettling alliance between tech companies and the U.S. government in his discussion. He reveals how the government acquires personal data from private sources with minimal legal oversight. The conversation highlights the implications for privacy and civil liberties, as well as the pressing need for reform. Tau also challenges listeners to rethink their understanding of data usage and the balance between national security and individual rights in the digital age.