The Lawfare Podcast

Join Joan Barata, a visiting professor, Laís Martins, a journalist at The Intercept Brazil, and James Görgen, an adviser to Brazil’s Ministry, as they navigate the turbulent waters of Brazil’s tech policy and geopolitical pressures. They delve into Jair Bolsonaro's trial, the challenges of social media regulation, and the impact of U.S. tariffs on Brazil's sovereignty. The discussion also grapples with the Brazilian Supreme Court's pivotal role in balancing free speech and digital regulation, revealing broader implications for democracies worldwide.

Katherine Yon Ebright, a counsel in the Brennan Center's Liberty and National Security Program, joins the conversation with a deep dive into the legal complexities surrounding the Trump administration. They discuss the activation of the National Guard in D.C. and its implications for local governance. Ebright analyzes the Trump administration's legal challenges concerning military actions and the Alien Enemies Act, offering insights on the balance of executive power and individual rights. The dialogue highlights critical court rulings that shape American governance and civil liberties.

In this discussion, Brett Leatherman, Deputy Assistant Director for Cyber Operations at the FBI, sheds light on the evolving cyber threat landscape. He covers the alarming rise of ransomware and its impact on sectors like healthcare, emphasizing the need for robust security measures. The conversation also delves into the FBI's collaborative strategies with the private sector to bolster national cybersecurity, particularly in the face of state-sponsored cyberattacks. Leatherman shares insights on the FBI's proactive initiatives to thwart cybercrime and support victims of attacks.

Leopoldo Lopez, a prominent Venezuelan opposition leader now residing in Madrid, shares his inspiring story of resilience after escaping imprisonment under Nicolás Maduro. He delves into the recent presidential election, exposing the oppressive tactics of voter suppression. Lopez emphasizes the dangerous ties between Maduro and other authoritarian regimes, criticizing international indifference. The conversation also highlights the urgent need for Venezuela's democratic transition, drawing powerful parallels with other global struggles for freedom.

Rebecca Ingber, a law professor at Cardozo and an expert in legal issues, joins Benjamin Wittes and Scott R. Anderson to dissect a recent U.S. military strike on a Venezuelan drug boat. They navigate the complexities of international law versus self-defense claims and critique the legal justifications for military action without congressional approval. The discussion highlights the ethical dilemmas of targeting non-state actors and the need for clear frameworks in military engagement, questioning the balance between national security and international norms.

Anu Bradford, a Columbia Law School professor renowned for her work on the Brussels Effect, teams up with Kate Klonick, a law and technology specialist from St. John's University. Together, they dissect the contrasting regulatory landscapes for Big Tech in the EU and the U.S. Key discussions include the EU's approach to AI regulation and its broader influence on American tech, the U.S.'s interventionist policies, and the challenges facing European tech entrepreneurs. The conversation highlights the delicate balance between innovation and consumer safety in a rapidly evolving digital world.

Mark Cancian, a Senior Adviser at the Center for Strategic and International Studies, dives into the strategic implications of a potential Chinese blockade of Taiwan. He explains why China might favor a blockade over an invasion and the associated risks of escalation. Cancian explores Taiwan's military vulnerabilities and the crucial role of U.S. and Japan's support. He emphasizes the importance of defense preparedness and discusses how the blockade could disrupt global trade, especially in semiconductor manufacturing.

Anna Bower, a Senior editor and trial correspondent, Tyler McBrien, Managing editor, and Peter Harrell, an economics expert, dive into pressing national security issues. They discuss the U.S. government’s controversial investment in Intel amid global AI competition. The guests analyze Indian Prime Minister Modi’s diplomatic gestures towards Russia and China, signaling challenges for U.S. relations. Legal battles over the deportation of unaccompanied minors also take center stage, revealing the intricate intersections of immigration law and government policy.

A live discussion dives into significant judicial rulings affecting Trump’s policies, including a judge blocking the deportation of unaccompanied migrant children to Guatemala. They also evaluate a ruling that declared Trump’s National Guard deployment unlawful under the Posse Comitatus Act. The conversation highlights legal intricacies around military deployment, presidential authority, and recent tariff reversals. With a mix of serious analysis and humor, they examine how these decisions shape U.S. governance and the rights of vulnerable populations.

Zach Price, an Associate Professor of Law at UC Law San Francisco, and Phil Wallach, a Senior Fellow at the American Enterprise Institute, dive into the controversial topic of pocket rescissions. They discuss the legal ramifications of these budgetary maneuvers and their implications for congressional power. The guests highlight the tension between the legislative and executive branches and explore how such practices could undermine Congress's authority. Their insights shed light on the evolving dynamics of budget control in American governance.