The Lawfare Podcast

Molly Reynolds, a Senior Editor at Lawfare and a policy expert, joins Stephanie Pell, also a Senior Editor with extensive knowledge of surveillance law, and Preston Marquis, a student contributor focused on national security. They dive deep into the recent House vote on FISA Section 702, exploring the contentious warrant requirements for U.S. person queries. The discussion reveals the intricate dynamics at play, including bipartisan tensions, political concessions on reauthorization duration, and the implications for civil liberties. Key takeaways offer insight into the legislative process and surveillance law’s future.

Oona Hathaway, a Yale Law School professor, delivers insightful analysis on the legal implications of Russia's aggression against Ukraine. She discusses the robust international response, including sanctions and military aid, and argues for a strengthened General Assembly's role. Constanze Stelzenmüller engages her in a thought-provoking Q&A, and Ambassador Martin Kimani shares perspectives on post-colonial skepticism toward Western legalism. The panel, featuring Rosa Brooks and Karin Landgren, emphasizes the need for accountability and innovative institutional reforms.

This year-end discussion dives into the complex sphere of Western Europe's influence, with the hosts debating its shifting dynamics. They analyze Trump's controversial lawsuit against the BBC as a new front in his battles with the media. Merrick Garland's performance as Attorney General is scrutinized, revealing the friction between legal timelines and political pressures. The hosts also reflect on military actions against drug traffickers and their implications for checks and balances. Finally, humor and insights abound as they explore a Ukrainian sumo wrestler and recommend intriguing books and podcasts.

In a revealing conversation, Tom Brzozowski, a former DOJ official with expertise in domestic terrorism, joins host Michael Feinberg. They explore the recent changes in domestic terrorism investigations and what they mean for American civil liberties. Tom argues that Antifa is not a sophisticated organization but a loose ideological label. He cautions about the risks of expanding surveillance through vague definitions, illustrating historical parallels to past abuses. Their discussion highlights the potential implications for protesters and broader societal compliance.

Loren Voss, a policy analyst and Lawfare contributor specializing in national security strategy, dives into the 2026 National Defense Authorization Act. The discussion highlights Congress's push against the Trump administration's defense priorities, emphasizing key provisions like accountability for military actions and the focus on great-power competition. Voss elaborates on the importance of U.S. command within NATO and the implications of recent changes regarding troop deployments and reporting on military operations, ultimately revealing tensions between congressional oversight and executive strategy.

Larissa Lidsky, a law professor specializing in First Amendment and media law, and Christina Koningisor, a press freedom advocate, discuss the shifting landscape of press power in relation to executive authority. They explore how the decline of local news and the erosion of post-Watergate reforms have created a troubling First Amendment disequilibrium. The duo also assesses historical cases and the impact of economic pressures on the media, while proposing reforms to restore press strength and transparency in government.

Quinta Jurecic, a Senior Editor at Lawfare with expertise in constitutional law, joins Natalie Orpett, an Executive Editor focused on national security law, Amelia Wilson, a Clinical Professor specializing in immigration, and Scott R. Anderson, a scholar of geopolitics. They tackle pressing inquiries from the public, discussing the risks of AI in military contexts and the implications of Section 230 reform. They also explore the potential for shifting U.S. military deployments and the future of Guantanamo detainees, providing clarity on complex legal issues and current events.

Roger Parloff, Senior Editor focused on litigation, dives deep into the Alien Enemies Act and the complexities of ongoing detainee cases. Scott R. Anderson, a specialist in war powers, discusses significant military actions in the Middle East and innovative counter-narcotics strategies at sea. Together, they reflect on a whirlwind year, highlighting the challenges of national security and the evolving landscape of U.S. foreign policy, making for a captivating and insightful conversation.

Dive into the intriguing legal landscape as hosts discuss a nationwide TRO halting Travel Ban 3.0. Delve into the implications of the Supreme Court's denial in the al-Nashiri military commissions case, highlighted by a mass resignation of defense attorneys over surveillance concerns. Explore the Microsoft-Ireland case on data privacy and cross-border access. Finally, learn about the ACDC Act and its fascinating proposals around cyber defense. Plus, enjoy a creative twist with Star Wars analogies tied to armed conflict law!

In a captivating conversation, technology reporters Kate Conger and Ryan Mac, co-authors of *Character Limit*, delve into the tumultuous acquisition of Twitter by Elon Musk. They reflect on Musk's motivations and erratic deal-making style, comparing him to former CEOs Jack Dorsey and Parag Agrawal. The duo explores the evolution of content moderation on the platform, touching on its crucial role in public discourse and the human cost behind it. They also discuss the broader implications of Twitter's transformation into 'X' under Musk's leadership.