The Lawfare Podcast

Philippe Sands, a law professor and author, dives deep into the intertwined histories of Chilean dictator Augusto Pinochet and Nazi SS commander Walter Rauff. He discusses his new book, exploring the legal and moral implications of Pinochet's arrest and its impact on international criminal law. Sands shares personal connections to his research, the importance of victim stories, and how recent U.S. Supreme Court rulings on immunity may unsettle global accountability for past atrocities. His insights are a compelling reflection on justice and historical memory.

Lauren Voss, a Public Service Fellow at Lawfare, shares her insights from the Portland National Guard federalization hearing. She discusses the Oregon and Portland's efforts to halt the federalization of their National Guard troops, diving into the legal arguments surrounding the government's 'danger of rebellion' claim. Voss also covers Judge Emmergut's skeptical questioning regarding the use of past incidents as justification for federal action and the complexities of the Posse Comitatus Act. The conversation touches on numerous legal challenges surrounding immigration enforcement and federal grant conditions.

Chris Cox, a former U.S. congressman and SEC chairman, joins Ron Wyden, a U.S. Senator, to delve into the controversial implications of Section 230 as it pertains to generative AI. They discuss how Section 230 was intended to protect third-party content, not the creators of AI outputs. Wyden emphasizes that AI creators should be held liable, while Cox analyses how various factual contexts could challenge Section 230's applicability. The pair also touch on the need for careful legislative approaches to navigate the evolving landscape of technology and AI regulation.

Bob Bauer is a distinguished law professor and expert on emergency powers, while Liza Goitein serves as Senior Director at the Brennan Center, focusing on national security. They delve into the complexities of the National Emergency Act, revealing that 43 active emergencies exist. The conversation covers how insufficient definitions and checks have allowed presidents to wield extensive powers, citing examples from Trump and Biden. They also discuss bipartisan reform efforts, including the Article I Act and the necessity of updating the Insurrection Act to enhance congressional oversight.

Joining the conversation are Nick Bednar, an Associate Professor of Law focused on reductions in force, and Sam Berger, a Senior Fellow specializing in federal fiscal policy. They delve into the mechanics of government shutdowns, dissecting how funding lapses occur and which functions remain operational. The duo explores the Trump administration's approach, highlighting potential legal violations amid mass layoffs. Their insights shed light on the interplay between executive power and congressional authority during tumultuous fiscal times.

Joel Braunold, Managing Director at the S. Daniel Abraham Center for Middle East Peace, dives into President Trump’s proposed peace plan for Gaza. He outlines the rapid diplomatic developments that preceded the plan, highlighting key events from late August to September. Braunold discusses the roles of international figures and governments in shaping the proposal, the 20 points of the plan, and its implications for humanitarian aid and governance. He also explores the potential for economic development and the challenges of demilitarization and reform within the Palestinian Authority.

Alan Rozenshtein, Lawfare's Research Director and constitutional law professor, joins Anna Bower, Senior Editor and litigation correspondent, to dive into provocative national security issues. They dissect the controversial indictment of former FBI Director James Comey, raising questions about politicization within the DOJ. The conversation shifts to California's new law limiting law enforcement’s mask usage and its constitutional implications. Lastly, they explore groundbreaking AI safety legislation, debating its potential impact on public safety and industry compliance.

Neil Chilson, Head of AI Policy at the Abundance Institute, and Gus Hurwitz, Senior Fellow at Penn Carey Law, delve into the complex relationship between academia and AI governance. They discuss why AI policy feels muddled and whether a dedicated policy is necessary. The duo critiques existing institutional incentives that hinder interdisciplinary collaboration and shares innovative ideas for teaching engineers about policy effectively. They express optimism about the potential for universities to innovate in response to AI challenges.

In this engaging discussion, Bob Bauer, Professor of Practice at NYU and former senior Justice Department official, dives into the politicization of the DOJ under the Trump administration. He analyzes the recent indictment of James Comey, shedding light on prosecutorial norms and the potential implications of vindictive prosecution. The conversation touches on the need for reforms to restore the Department's integrity, explores the political motives behind legal actions, and compares this unique misuse of power to past scandals, emphasizing the importance of accountability.

In a lively discussion, experts tackle the Supreme Court's decision on Rebecca Slaughter's FTC case and the implications of potentially overruling Humphrey's Executor. They dissect James Comey's indictment and explore the reopening of old leak investigations, probing into political motivations. The podcast also highlights challenges to warrantless detentions of migrants in D.C., while updates on various litigation cases keep the conversation dynamic. Tune in for insightful analysis and audience questions that cover a broad spectrum of legal battles.