The Lawfare Podcast

In a live conversation on April 25, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Anna Bower, Scott Anderson, and Roger Parloff, Lawfare Legal Fellow James Pearce, and Lawfare Contributor Preston Marquis to discuss the status of the civil litigation against President Trump’s executive actions, including the arrest of a Wisconsin state judge by the Department of Homeland Security, the Alien Enemy Act removal cases, the ban on transgender service members in the military, and more.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Quinta Jurecic, a legal scholar specializing in national security law, joins Andrew Kent, a Fordham law professor, to discuss the stark contrast in congressional reforms following presidential misconduct between the Watergate era and Trump’s departure. They explore the failure of Congress to pass significant reforms like the Protecting Our Democracy Act and analyze political polarization's impact on legislative action. The conversation delves into historical parallels, the challenges of modern governance, and the pressing need for accountability in leadership.

Chris Whipple, a renowned documentary filmmaker and author of "The Spymasters" and "The Gatekeepers," explores the intricate dynamics between CIA directors and the presidency. He discusses ethical dilemmas faced by directors during crises and the impact of their decisions on national security. Whipple highlights the evolution of the CIA post-Cold War, controversial interrogation techniques, and the delicate balance of diplomacy in intelligence. He also reflects on former directors publicly criticizing presidents and the implications this has for the intelligence community.

Michael Sulmeyer, a former senior cyber policy official at the Department of Defense under Biden, brings his expertise to a riveting discussion. He delves into the current cybersecurity landscape, emphasizing the urgent need for collaboration between government levels. Sulmeyer outlines the threats posed by espionage and ransomware and highlights the importance of public-private partnerships. The dual nature of AI in cybersecurity is also explored, showcasing its potential and risks. Moreover, he addresses the vital shortage of cybersecurity talent and the necessity for international cooperation in bolstering defenses.

Julia Rose Kraut, author of 'Threat of Dissent', explores the dark history of ideological exclusion and deportation in the U.S. as tools for political repression. She discusses the chilling impact these policies have on free speech and democracy, particularly during the Trump administration. The conversation highlights significant legal cases, including that of Mahmoud Khalil, and delves into how technology influences modern enforcement actions. Kraut emphasizes the need for awareness and action regarding these issues in contemporary society.

Anna Bower, a legal correspondent, teams up with AI expert Kevin Frazier and managing editor Tyler McBrien for an insightful discussion. They tackle the Trump administration's controversial use of the Alien Enemies Act to deport foreign nationals. The conversation also dives into the implications of AI in government, contrasting the Biden and Trump administrations’ approaches. Additionally, the chaos surrounding Secretary of Defense Pete Hegseth's management of classified information is explored, raising pressing questions about leadership and security.

Mikhail Zygar, a prominent Russian journalist and author, shares his insights on the current political landscape in Russia and the impact of the Ukraine war. He discusses the erosion of press freedom under Putin and the struggles facing independent journalism. Zygar reflects on the disillusionment with democracy, emphasizing the perseverance of activists like Alexei Navalny. He also explores the shifting narratives that shape Russia's actions in Ukraine and warns about the implications for global democracy and civil liberties.

Chris Hughes, author of 'Marketcrafters' and co-founder of the Economic Securities Project, discusses the vital concept of market crafting. He shares historical case studies illustrating how proactive government policies can benefit society and stabilize economies. The conversation highlights the transition of leaders from libertarian beliefs to supporting necessary government interventions. Hughes advocates for collaboration between markets and government as a path to economic stability and public good, especially in times of political upheaval.

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.