The Lawfare Podcast

Discover the intricate history of U.S.-Ukrainian relations and the powerful impact of the Russo-Ukrainian War. A Ukrainian journalist shares their poignant experience in liberated Bucha, revealing war's toll on civilians. Explore Ukraine's declaration of independence and the complex dynamics of American foreign policy. Delve into the historical trauma that shapes contemporary conflicts and the delicate balance of diplomatic ties amidst rising tensions with Russia. Uncover how geopolitical realities have evolved and their implications for global safety.

The discussion kicks off with a humorous parenting hack featuring the Muppets, perfect for family bonding. Tensions surrounding the Ukraine crisis are explored, with a focus on Russia's military strategy and the stalled ceasefire negotiations. The vice president's controversial visit to Greenland hints at diplomatic tensions with Denmark and the U.S. push for control over the island. Legal debates swirl around Trump’s potential third term, revealing complexities in presidential succession. Lastly, enjoy a playful chat about e-bikes and city adventures.

Atul Gawande, a surgeon and public health expert, formerly led global health initiatives at USAID. In this discussion, he explores how recent cuts to USAID threaten national security by jeopardizing effective public health strategies. Gawande emphasizes the crucial link between health and stability, especially post-COVID-19. He redefines soft power as 'pragmatic power,' arguing for improved health systems globally. The conversation also highlights legal issues stemming from aid freezes and advocates for transparency and accountability in health programs.

Adam Thierer, a Senior Fellow for the Technology & Innovation team at R Street, joins AI expert Kevin Frazier to dissect the evolving landscape of AI regulation. They delve into public responses to the AI Action Plan and highlight tensions between federal and state regulations. Recent vetoes, strategic shifts from the Trump to Biden administrations, and the challenges of cohesive governance are tackled. The duo underscores the need for innovative oversight that balances technological growth with ethical considerations.

David Cole, former ACLU National Legal Director and constitutional law expert, dives into the complex legal landscape shaped by Trump’s executive actions. He discusses the implications of the Alien Enemies Act and how it affects deportations, especially concerning individuals like Mahmoud Khalil. The conversation touches on First Amendment rights during national emergencies and the chilling effects on universities and law firms. Cole also unpacks issues around birthright citizenship and the ongoing challenges in immigration law—shedding light on the intersection of legality, civil liberties, and national security.

Brian Finucane, a Senior Adviser at the Crisis Group; Jack Goldsmith, a Harvard Law professor and national security law expert; and Matt Gluck, Lawfare Research Fellow, dive into the escalating U.S. military operations in Yemen against the Houthi rebels. They analyze the Biden administration's legal justifications under the War Powers Resolution and the complexities of congressional oversight. The conversation highlights the evolving interpretations of military authority, the role of unmanned vehicles, and how the administration's actions may redefine U.S. engagement in conflict.

Lee Bollinger, President of Columbia University, and Geoffrey Stone, Professor at the University of Chicago Law School, dive into the legacy of the Pentagon Papers and its relevance today. They explore the tension between national security and press freedom, examining how leaks impact media practices. The conversation touches on the evolution of First Amendment rights and the need for modern reforms in handling classified information. They also discuss the balance of secrecy and transparency, emphasizing the importance of protecting both journalists and whistleblowers in today's digital age.

Natan Sachs, Director of the Middle East Program at the Brookings Institution, shares his insights on Israel's complex politics and the resurgence of conflicts in Gaza and Lebanon. He discusses Prime Minister Netanyahu's controversial budget tactics and the significant protests ignited by judicial reforms. Sachs also explores why military operations in Gaza are escalating and the implications of possible strikes on Iran, all while navigating the intense dynamics of Israeli public opinion and the impact on national security.

This week, the hosts dive into a jaw-dropping security blunder involving Trump officials accidentally sharing sensitive military plans on a messaging app. They analyze the implications of using private communication for national security and discuss the controversial use of the Alien Enemies Act in deportation efforts under legal scrutiny. The conversation also touches on the complexities of military operations, the tangled relationship between executive authority and due process, and the chilling effects of government pressure on law firms. Expect insights blending politics, law, and a dash of humor!

Shane Harris, a national security reporter for The Atlantic, joins to discuss the recent leak of sensitive text messages from Trump administration officials. They delve into the risks inherent in using secure messaging platforms for operational discussions. The conversation highlights the balance between national security and journalistic transparency. Harris also emphasizes the serious legal ramifications of classified information leaks and the challenges of accountability in a digital age, raising critical questions about cybersecurity and the ethics of intelligence sharing.