The Lawfare Podcast

Join James Pearce, a Legal Fellow focused on national security, Anna Bower, a Senior Editor specializing in legal analysis, and Quinta Jurecic, another Senior Editor providing insights on national security. They dive into the legality of federalizing the California National Guard and explore implications of the Alien Enemies Act. The discussion also covers the critical pretrial hearing for Kilmar Abrego Garcia and the recent indictment of Congresswoman LaMonica McIver, unraveling complex legal themes amidst ongoing political tensions.

In this engaging discussion, Cliff Sloan, a Georgetown Law Center professor and author of 'The Court at War', delves into the Supreme Court's controversial rulings during World War II. He sheds light on the personal ties between justices and President Roosevelt, and how these relationships influenced landmark decisions like Korematsu and Quirin. Sloan also addresses the court's simultaneous rights-expanding decisions amidst wartime pressures, balancing personal anecdotes with important historical insights.

Joel Simon, former Executive Director of the Committee to Protect Journalists, discusses the alarming threats journalists face at protests, especially highlighted by the George Floyd incident. Katy Glenn Bass, Research Director of the Knight First Amendment Institute, joins the discussion, emphasizing the critical role media plays in ensuring protestors' grievances are heard. They explore the historical patterns of violence against the press, the challenges posed by law enforcement, and the need for better protections to uphold press freedom in turbulent times.

Legal experts Laura Dickinson, Chris Mirasola, and William Banks dive into the controversial deployment of U.S. troops in Los Angeles. They discuss the legal frameworks like the Posse Comitatus Act that govern military involvement in civilian law enforcement, and the implications for federal authority versus state sovereignty. The conversation raises concerns about excessive force and public trust, while also considering the historical context of military engagement in domestic crises. It's a critical look at the evolving intersection of military power and civil rights.

The podcast dives into the pivotal moments of U.S.-Ukrainian relations, particularly following Russia's invasion of Ukraine in February 2022. It highlights the contrasting approaches between U.S. and Ukrainian officials regarding military support and strategy. The emotional impact of the invasion on Ukrainians is vividly captured, showcasing their resilience amid chaos. Key discussions focus on the logistical challenges of international aid, varying perceptions of the conflict, and the complexities of maintaining alliances during a crisis.

In this engaging discussion, Clay Risen, author and New York Times writer, explores the haunting echoes of McCarthyism in today’s society. Risen delves into the dynamics of accusation and evidence during the Red Scare, shedding light on the erosion of civil liberties. He highlights lesser-known figures who bravely resisted the oppressive climate and draws parallels to current political challenges. The conversation emphasizes the importance of skepticism in media and the courage required to challenge conformity in the face of systemic injustices.

Chris Mirasola, a Lawfare contributor and former Defense Department lawyer, joins to discuss the recent call-up of the California National Guard amid protests against immigration policies. The conversation explores the implications for constitutional order and the potential use of the Insurrection Act. They also tackle the Trump administration's request to rescind federal spending related to foreign assistance and public broadcasting, debating its likelihood of passing in Congress. The podcast further dives into the complexities surrounding a controversial deportation case and its legal challenges.

Christina Knight, Machine Learning Safety and Evals Lead at Scale AI and former senior policy advisor at the U.S. AI Safety Institute, discusses crucial aspects of evaluating frontier AI models. She emphasizes the need for rigorous testing and addressing vulnerabilities to enhance AI safety. The conversation also highlights the urgency for global governance in AI, innovative tactics like red teaming to mitigate risks, and the importance of adaptable safety measures tailored to specific applications in the face of evolving threats.

Tensions in U.S.-Ukrainian relations come to a head during the controversial Trump-Zelensky phone call. The struggles of Ukrainian Cultural Forces to secure Congressional support as a 2024 election looms highlight political complexities. Personal experiences of war shed light on trust issues amid delayed aid. Cultural moments, like a moving Metallica performance on the bandura, interweave with geopolitical strife. The narrative captures the evolving dynamics of aid and political pressures that redefine U.S. involvement in Ukraine.

Daphne Keller, a leading internet law expert, joins Joan Barata, a senior legal fellow focused on free speech, and Dean Jackson, a technology policy editor, for a deep dive into European tech regulation. They explore the shift of the EU’s disinformation code into a binding Digital Services Act and its implications for free speech. The trio also highlights challenges of defining disinformation, the interplay of censorship and compliance, and the impact of recent U.S. visa policies on European censorship narratives. The discussion reveals the complexities shaping today's digital landscape.