The Lawfare Podcast

Eloise Pasachoff, a Georgetown Law professor, and Zachary Price from UC College of Law dive into the recent freeze on federal funds by the Office of Management and Budget. They discuss the constitutional implications of the Impoundment Control Act, examining the balance of power between the executive and Congress. The conversation highlights the controversies surrounding both the Trump and Biden administrations' funding crises and the legal complexities involved. Expect a deep dive into the tensions over fiscal control and the challenges to governmental authority.

Peter Harrell, a former Senior Director of the National Security Council under President Biden and expert in sanctions, joins the discussion. They dive into Trump's risky diplomacy with Colombia over military flights and the implications for U.S. foreign relations. The conversation shifts to Project Stargate, exploring the U.S.-China tech rivalry in AI development, especially after DeepSeek's surprising advancements. They analyze the stakes of AI competition and the future of U.S. foreign aid policies under shifting political landscapes.

Peter Hyun, the former Acting Chief of the FCC's Enforcement Bureau, discusses critical data security and cybersecurity enforcement as it relates to national security. He highlights recent enforcement actions regarding telecom providers, the importance of submarine cables for global data transfer, and the risks posed by foreign components in the supply chain. Hyun also predicts how technology supply chains and national security threats may evolve, particularly concerning relations with China.

Nick Bednar, an associate professor of law at the University of Minnesota, discusses the implications of Trump's Day 1 civil service executive orders, specifically the controversial Schedule F. He delves into how these orders may challenge the nonpartisan nature of federal jobs and explores possible legal obstacles ahead. Bednar also highlights the potential risks of politicizing federal positions and the broader impact on government employment. The conversation touches on historical contexts and the delicate balance between political appointees and career civil servants.

Amelia Wilson, an assistant law professor at Pace University with a focus on immigration law, joins a lively discussion about President Trump's recent executive orders. They tackle significant issues like the suspension of the TikTok ban and the contentious birthright citizenship order. The group delves into potential legal challenges, the implications for tech companies, and how these actions reshape immigration policies. They also explore the broader consequences of Trump's governance on foreign relations, revealing the tension between executive power and constitutional limits.

Jacob Glick, investigative counsel for the January 6th committee and policy counsel at Georgetown’s Institute for Constitutional Advocacy and Protection, shares his insights on far-right extremism. He explores the disturbing connection between social media and the motivations behind the Capitol riot. Glick reveals his experiences interviewing whistleblowers and extremist group members, shedding light on the political conditions that fueled such violence. He also discusses the implications of Trump's rhetoric and the need for legal reforms to address paramilitary activities.

Dan Byman, an expert at the Center for Strategic & International Studies; Ghaith al-Omari, a scholar at the Washington Institute for Near East Policy; and Scott R. Anderson, a senior editor at Lawfare, delve into the escalating violence in the West Bank amidst the Israel-Hamas conflict. They examine the implications of settler violence, the precarious position of the Palestinian Authority, and the potential international legal ramifications. Discussions highlight the need for proactive measures and viable solutions to foster peace and stability in the region.

Aram Gavoor, Associate Dean for Academic Affairs at GW Law and an expert in AI policy, joins Kevin Frazier to discuss pivotal shifts in U.S. AI policy under the Trump administration. They delve into the ambitious Stargate Project, which aims to allocate $500 billion for AI infrastructure, exploring its implications for national security and economic re-industrialization. The duo also analyzes the rescinding of the Biden administration's executive order on AI, looking at its impact on civil liberties and the evolving tech landscape.

Alexis Loeb, former Deputy Chief of the Capitol Siege Section at the DOJ, shares her insights on President Trump's blanket pardons for January 6th defendants. She discusses the legal and emotional ramifications of these pardons, emphasizing the challenges to the rule of law. Loeb delves into her personal experiences prosecuting cases from the Capitol riot, addressing concerns over accountability and the integrity of the judicial process. She also examines the historical context of pardons and their impact on public perception and ongoing prosecutions.

The discussion kicks off with a lighthearted examination of the implications of time as January 21st, 2025 approaches. A dive into Donald Trump's executive orders reveals a mix of impactful and performative policies shaping national security. The unexpected backlash against the TikTok ban showcases shifting political dynamics influenced by user pressure, while Silicon Valley's complex relationship with Trump adds intrigue. The recent ceasefire in Gaza is unpacked, raising questions about its prospects for lasting peace amidst ongoing tensions.