The Lawfare Podcast

In this engaging discussion, Kori Schake, a civil-military relations expert from the American Enterprise Institute, and Carrie Lee from the German Marshall Fund delve into the intricacies of civilian oversight and military ethics. They explore the erosion of democratic norms and civilian control, emphasizing the military's challenges amidst political pressures. Both highlight the importance of accountability in leadership and identify key indicators to monitor for a healthy civil-military relationship. Their insights make for a compelling examination of one of today's most pressing governance issues.

In this engaging discussion, Anna Bauer, Molly Roberts, Eric Columbus, and Loren Voss dissect pressing legal matters including the acquittal of Judge Hannah Dugan for obstructing immigration agents and the challenges faced by New York Attorney General Letitia James in securing indictments. They explore the intriguing reasons why grand juries have shied away from taking action against James, and delve into a denial of a temporary restraining order related to White House construction. The panel also touches on the complexities of the Sixth Circuit's ruling on firearm bans for unlawful aliens.

Madiha Afzal, a Fellow at the Brookings Institution and expert on Pakistan-Afghanistan relations, discusses Pakistan's recent deportations of Afghan refugees, many of whom have lived there for generations. She reveals the complicated 45-year history between the two nations and how economic pressures and security concerns have driven this policy. Madiha argues that the Taliban's welcoming response is unlikely to sustain large returns and highlights the dire humanitarian challenges awaiting returnees in Afghanistan.

Maksym Rokmaniko, an architect and director at the Center for Spatial Technologies in Kyiv, and Linda Kinstler, a PhD candidate at UC Berkeley, dive deep into the historical significance of Babyn Yar amidst contemporary conflict. They discuss the striking irony of recent attacks on this memorial site and the evolving memorialization of its tragic past. Their conversation explores the use of digital forensic techniques to document war crimes, the complexities of historical narratives, and the broader implications for justice and memory in Ukraine.

In a riveting discussion, Setareh Ghandehari, Nayna Gupta, and Paromita Shah explore the troubling dynamics of the immigration enforcement economy. Setareh highlights the worsening conditions in privatized detention facilities, while Nayna analyzes how profit motives drive detention counts and oversight failures. Paromita uncovers the role of surveillance companies and the chilling efficiency with which deportations are managed. The conversation challenges listeners to rethink the moral implications of lawful yet harmful practices in their quest for immigration reform.

Cristin Dorgelo, a former Senior Advisor for Management at the Office of Management and Budget, and Rob Storch, the former Inspector General of the Department of Defense, join to discuss the Trump administration's systematic undermining of oversight roles. They delve into the mass firings of inspectors general, the chilling effects on accountability, and the dangers posed to transparency and whistleblower protections. The conversation highlights the essential need for independent oversight and proposes pathways for restoring accountability in governance.

Alan Rozenshtein, a legal and technology policy expert, joins Ari Tabatabai, a national security analyst focused on China policy, to discuss pressing national security issues. They delve into the implications of the Trump administration's approval for Nvidia to export advanced AI chips to China, highlighting the strategic competition landscape. The duo also critiques a recent executive order aimed at preempting state-level AI regulations, questioning its efficacy and legal grounding. Additionally, they reflect on the tragic Bondi Beach attack and the rising trend of global antisemitism.

Scott Anderson, a Senior Editor at Lawfare and a fellow at the Brookings Institution, dives deep into the complex relationship between social media platforms and unrecognized regimes like the Taliban. He discusses how the Taliban's 2021 takeover challenged platforms' policies. Anderson contrasts the divergent strategies of Meta and Twitter, tackles the balance between sanctions and governance, and proposes a 'de facto authorities rule' to allow essential services while remaining compliant with laws. This framework aims to ensure civilians still receive crucial information.

Cat Buchatskiy, Director of Analytics at the Snake Island Institute and expert on modern warfare, shares insights on Ukraine's innovative maritime strategy in the Black Sea. He discusses the evolution of unmanned surface vehicles (USVs) that have turned the tide against Russian naval superiority. The conversation highlights Ukraine's shift to domestic drone production, the critical role of foreign suppliers like China, and plans for international drone exports. Buchatskiy also uncovers lessons from the Black Sea that could inform global naval strategies.

In this engaging discussion, guests Anna Bower, Eric Columbus, Molly Roberts, and Loren Voss dive deep into legal complexities surrounding the Trump administration. They analyze upcoming contempt hearings in J.G.G. v. Trump and the recent release of Kilmar Abrego Garcia from ICE custody. The conversation touches on national security litigation, domestic deployment disputes involving the National Guard, and grand jury dynamics affecting key prosecutions. Insightful commentary on recent judicial reactions and federal immigration intricacies wraps up the session.