The Lawfare Podcast

Molly Roberts, a Senior Editor at Lawfare who covers criminal trials, delves into the complexities of the 'Sandwich Guy' trial, examining the stakes and evidentiary challenges. Roger Parloff discusses filter protocol issues in the Comey case, revealing concerns over privilege and evidence integrity. Anna Bower analyzes filings related to Comey's indictment, highlighting weaknesses in the government's argument. Eric Columbus rounds out the conversation with insights on SNAP and legal battles regarding immigration detention conditions.

Matthew Waxman, a national security scholar and law professor at Columbia, joins Michael Ramsey, a historian of constitutional war powers from the University of San Diego. They dive into the constitutional nuances of war power delegations, emphasizing Congress's authority over the president's military initiation power. Key discussions include the evolution of war powers from the Founding era to today, highlighting early authorizations and the implications of broad AUMFs post-Cold War. Their insights shed light on the ongoing tension between legislative intent and executive authority.

In a thought-provoking discussion, legal experts like Laura Dickinson and Joseph Nunn unpack the intricate legal landscape governing the deployment of military forces on U.S. soil. They explore the constitutional limits imposed by the founders and dissect the Posse Comitatus Act's implications. Chris Mirasola sheds light on the controversial use of Title 32 §502F, while Mark Nevitt highlights the operational tensions that arise from domestic military missions. The panel also addresses public perceptions and the critical need for reforms to maintain civil-military trust and readiness.

In this discussion, Peter Harrell, a trade policy expert, analyzes the implications of President Trump's tariffs while Georgetown Law professors Marty Lederman and Kathleen Claussen provide insights on the Supreme Court's oral arguments. They explore the skepticism from conservative justices about the IEPA's authority, debate the regulatory versus revenue nature of tariffs, and unpack potential limits on executive power. The conversation also touches on the major questions doctrine and the practicalities following a court loss, all while pondering the likelihood of a narrow ruling.

Joseph Kellner, an assistant professor of history at the University of Georgia, explores the chaotic quest for meaning during the Soviet collapse. He dives into the diverse spiritual movements that emerged, including astrologers and Hare Krishnas, as people grappled with identity and authority. Kellner discusses how these eclectic searches gave way to Putinism, reshaping Russia’s historical narrative. He even draws parallels between the past and today's political movements, pondering whether modern technology could reignite similar crises of belief.

This week, Benjamin Wittes, a veteran national security commentator, Alan Z. Rozenshtein, a legal expert, and Kate Klonick, an authority on internet law, delve into a fascinating mix of topics. They explore the fallout from the Heritage Foundation's controversial support for Tucker Carlson, addressing anti-Semitism and the political implications. The trio also discusses the stalled TikTok deal and its broader legal ramifications, alongside the dangerous re-emergence of wartime rhetoric in domestic policies. Their insights reveal deep intersections of politics, technology, and societal values.

In this engaging discussion, Francis Farrell, a frontline reporter from the Kyiv Independent, shares his experiences in the heated battles of eastern Ukraine. He provides gripping insights into the imminent fall of Pokrovsk, driven by logistical failures and Russian infiltrations. Farrell also highlights the transformation of warfare with drone technology reshaping the battlefield. He explains the strategic significance of Donbas, emphasizing why Ukraine is unwilling to concede territory. Learn about the challenges ahead as winter approaches and the crucial lessons from recent military engagements.

In a compelling discussion, Rick Pildes, a constitutional law professor at NYU, dives into the intricate relationship between social media and democracy. He compares the current impact of social media to historical media shifts, highlighting its unique capacity to polarize political discourse and disrupt traditional governance. Pildes explores how small-donor campaigns are reshaping political dynamics, while the loss of gatekeepers contributes to a fragmented information landscape. Ultimately, he raises critical questions about the future of democracy in the age of digital communication.

Marty Lederman, a Lawfare contributor and former DOJ official with expertise in constitutional law, joins the discussion. Lederman dives into the Supreme Court's handling of National Guard federalization and the implications of 10 U.S.C. §12406 on military deployments. The team debates James Comey’s motions to dismiss his indictment, alongside ongoing politicization within the DOJ. They also analyze the legality of SNAP benefit suspensions during government shutdowns and discuss the constitutional dynamics at play in these high-stakes litigations.

Michael Beckley, an expert on great-power competition, and Arne Westad, a historian of international relations, dive deep into the U.S.-China relationship. Beckley stresses the importance of prioritizing security competition to avert conflict, while Westad likens the current tensions to pre-World War I dynamics. They explore the risks of economic interdependence fueling rivalry, the complexities of U.S. outreach amid Chinese mistrust, and the critical need for strategic communication. Their discussion unveils how diplomacy can serve as a tool to buy time and mitigate risks.