The Lawfare Podcast

In a compelling discussion, Lindsay Freeman, Director of Technology, Law and Policy at UC Berkeley’s Human Rights Center, delves into the disturbing phenomenon of 'war influencers' in the Sahel. She highlights how influencers linked to private military companies, like the Wagner Group, share graphic conflict content that often serves as disturbing self-incrimination. The conversation also addresses the lack of accountability for these war crimes and Freeman's efforts to close the impunity gap through legal frameworks and international advocacy. A thought-provoking look at modern warfare and its digital presence.

James Pearce, a former Justice Department attorney and current Legal Fellow at Lawfare, joins Senior Editor Anna Bower to unpack pivotal legal issues surrounding the Trump administration. They delve into the Supreme Court's ruling on nationwide injunctions affecting birthright citizenship, explore whistleblower allegations related to immigration case mishandling, and discuss the disbarment of attorney Kenneth Chesbrough in connection with the fake electors scheme. The conversation reveals critical insights into judicial integrity and ongoing challenges within the justice system.

Steve Vladeck, a law professor specializing in national security and constitutional law, dives into the complexities of presidential emergency powers during the coronavirus crisis. He discusses the delicate balance between federal and state authority and the historical reliance on states for public health measures. The conversation also explores military involvement in civilian matters, implications for upcoming elections, and the urgent need for effective testing protocols. Vladeck's insights shed light on the potential for overreach and the legal frameworks governing emergency actions.

Natan Sachs, a Fellow in Foreign Policy at the Brookings Institution, delves into the concept of anti-solutionism in Israeli politics. He argues that the Israeli Right's lack of long-term strategies stems from a belief in the absence of viable solutions to the Palestinian conflict. Sachs discusses how this 'strategic conservatism' might protect Israel but can also hinder peace prospects. He emphasizes the need for U.S. policymakers to understand this mindset to navigate the complexities of Middle Eastern politics effectively.

In this discussion, Eric Ciaramella, a Senior Fellow at the Carnegie Endowment, and Samuel Charap, a Senior Political Scientist at Rand Corporation, dive into the Ukraine-Russia negotiations. They explore the hurdles of achieving peace amid competing national interests. The potential for a negotiated settlement is debated, alongside security arrangements to deter future aggression. The complexities of neutrality for Ukraine and the impact of NATO aspirations also feature prominently, along with the critical need for holding Russia accountable for its actions.

Ashley Deeks, a Lawfare contributing editor and University of Virginia law professor, joins in a lively discussion about recent national security developments. They dive into President Trump's unexpected military support for Israel against Iran, analyzing the legal and political implications of the actions taken. The team humorously unpacks the chaotic U.S.-Israel relations, explores the Supreme Court's recent immigration rulings, and reflects on the ethical dimensions of deportation processes, all while weaving in personal anecdotes for a lighter touch.

Max Smeets, Co-Director of Virtual Routes and Senior Researcher at ETH Zurich, delves into ransomware's evolution and its alarming implications for national security. He discusses the 'trust paradox' in ransomware groups and their complex internal dynamics. Smeets also explores the sophisticated 'triple extortion' tactics used by cybercriminals, the geopolitical ties involving state actors, and challenges in international collaboration to combat these threats. The conversation highlights the need for pragmatic government responses to ransomware payments, emphasizing a reevaluation of strategies to tackle this growing menace.

Charlie Bullock, a Senior Research Fellow at the Institute for Law & AI, discusses the newly introduced AI Whistleblower Protection Act. This bipartisan initiative aims to shield employees reporting AI safety concerns, especially in light of OpenAI’s recent controversies. Bullock highlights how the bill addresses public safety risks even without specific legal breaches, and protects whistleblowers from restrictive NDAs. The conversation also delves into the potential challenges and ethical implications in safeguarding whistleblowers within the rapidly evolving tech landscape.

Daniel Byman, Lawfare Foreign Policy Editor and CSIS fellow, and Suzanne Maloney, Vice President and Director of Foreign Policy at the Brookings Institution, delve into the U.S. strikes on Iranian nuclear facilities. They analyze Iran's potential responses and regional security implications. The discussion covers the legality of these military actions and their impact on U.S. foreign policy during the Trump administration. Additionally, they explore the delicate geopolitics of the Middle East and the ramifications for Iran's support of Russia in the Ukraine conflict.

Join experts James Pearce, Anna Bower, Scott Anderson, and Roger Parloff as they delve into the intricate legal landscape of the Trump administration. They discuss the implications of military deployment laws, including the controversial federalization of the California National Guard. The conversation covers immigration enforcement's intersection with military roles, notable legal challenges, and the complex saga of tariffs under the Trump era. Tune in for compelling insights into how these legal battles shape American democracy and governance.