The Lawfare Podcast

In this engaging discussion, Peter Feaver, a civil-military relations expert, Kori Schake from the American Enterprise Institute, and Alexander Vindman, a military fellow, dive into General Milley’s controversial actions during the Trump administration. They explore the balance of military authority and civilian oversight, scrutinizing Milley's communications with Chinese officials amidst crises. The trio highlights the ethical dilemmas faced by military leaders, the implications of their decisions on national security, and the critical need for principled military guidance in politically charged environments.

Mary McCord, Executive Director of the Institute for Constitutional Advocacy and Protection, shares her insights on national security and legal issues from her DOJ background. They dive into Trump's controversial cabinet choices, exploring the implications of nominees like GAetz and Hegseth. The discussion raises alarms about qualifications and military ethics. Also on the table are the contentious recess appointments and the potential overreach of executive power, sparking a lively debate about the future of U.S. governance in national security.

Madeleine Baran and Parker Yesko, investigative reporters from the New Yorker’s In the Dark podcast, dive into the harrowing Haditha incident where Marines killed 24 civilians in 2005. They reveal the hurdles of military justice and the systemic failures in prosecuting these war crimes. Their newly compiled database of possible American war crimes serves as a vital resource, spotlighting the challenges of transparency and accountability. They discuss the legal complexities faced when uncovering the truth behind U.S. military actions in Iraq and Afghanistan.

Anna Bower, a legal expert on Trump trials, Eugenia Lostri, specializing in cybercrime and international law, and Roger Parloff, who analyzes the Trump cases, dive into hot topics. They discuss the implications of Trump’s potential re-election amid ongoing legal challenges and how these could impact accountability regarding January 6th. The conversation also highlights the Biden administration's push for a UN cybercrime convention, weighing concerns about human rights against the regulatory needs for international cybercrime.

In this discussion, Jacqueline Ford and Ronnie Solomon, attorneys from the FTC Division of Privacy & Identity Protection, dive into the FTC's recent report on social media data practices. They unveil alarming data collection and retention issues among major platforms like Twitch and YouTube. The conversation emphasizes the privacy risks, especially for children and teens, and explores the FTC’s strategies for regulating these practices. Additionally, they highlight the importance of improved transparency and the authority the FTC holds under Section 6B for better consumer protection.

Jonathan Horowitz, Deputy Head of the Legal Department at the ICRC’s Delegation for the U.S. and Canada, dives into the intersection of international humanitarian law and private tech in conflicts. He discusses the unique legal challenges tech companies face in armed scenarios and the ethical dilemmas of supporting military operations. The conversation emphasizes the critical importance of compliance with humanitarian principles to safeguard civilians and the need for clearer communication between tech firms and governments in the digital age.

Catherine Steel, Professor of Classics at the University of Glasgow, dives into the decline of norms against political violence during the Roman Republic. She discusses how events like the political chaos surrounding the Gracchi brothers shaped Rome’s future. The conversation touches on the roles of key figures like Cicero, the challenges of interpreting ancient sources, and the alarming parallels between Rome's descent into autocracy and today’s political landscape. Insightful reflections on democracy's vulnerabilities and the importance of civil discourse are also highlighted.

Keith Whittington, David Boies Professor of Law at Yale, dives deep into the impeachment power outlined in his new book. He clarifies what the Constitution says about impeachment while exploring the notion of 'high crimes and misdemeanors.' Whittington emphasizes Congress's crucial role and the political intricacies involved, especially in light of recent events like the January 6th Capitol attack. The discussion also critiques partisanship's influence and ponders whether Trump's second impeachment should have led to a conviction.

In a thought-provoking discussion, David Frum, senior editor of The Atlantic and author of "Trumpocracy," examines how Donald Trump's presidency threatens American democratic values. He analyzes the erosion of constitutional norms and public trust, warning about the implications of foreign interference in elections. Frum reflects on the fragility of democracy and the responsibility of citizens to engage actively in political discourse, defending the core principles that uphold the republic amid unsettling political dynamics.

The discussion kicks off with reflections on the transformative implications of Trump's 2016 election victory. The panel dissects the motivations behind his support, complications in governance, and reactions from international allies. Unexpected election outcomes reveal flaws in polling and voter behavior, while themes of populism and national security resonate powerfully. Ethical dilemmas in leadership and foreign relations take center stage, highlighting the need for stability and empathy in navigating this new political landscape.