The Lawfare Podcast

The Lawfare Institute
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Jan 22, 2024 • 52min

Waxman and Ramsey on Delegating War Power

Law professors Michael Ramsey and Matthew Waxman discuss the scope of Congress's authority to delegate war initiation power to the president. They explore the history of war power delegations, the significance of Congress delegating authority for the use of force, and the implications of war power questions and non-delegation arguments. The chapter also delves into the Curtis Wright case and its relevance for war power delegation in the United States.
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Jan 21, 2024 • 1h 15min

Rational Security: The “Three-Ring Circus” Edition

This week on the podcast, they discuss Congress debating government funding and Ukraine aid, the US military action against the Houthi movement, and the results of the Iowa caucuses. They also recommend a book and share stories about snowstorms and finding an airplane plug.
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Jan 20, 2024 • 1h 16min

Trump’s Trials and Tribulations: Still Waiting on the D.C. Circuit

Discussion on where the Section 3 disqualification litigation stands, lack of action from the D.C. Circuit Court on Trump's presidential immunity defense, puzzling statement from a few D.C. Circuit judges on a different matter, Judge Cannon's activities in Florida, and audience questions. Also covers speculation on the Solicitor General's involvement, pending administrative proceedings, Trump's lawyers' motion, financial allegations, ineffective assistance of counsel, and Supreme Court review.
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Jan 20, 2024 • 37min

Lawfare Archive: About That Border Wall

Exploring the financial implications and effectiveness of the border wall with Mexico, the current state of the US-Mexico border, the flow of illegal immigration into the United States, the effectiveness of a physical barrier, fallout and tensions between the US and Mexico, and wrapping up the discussion on the first foreign policy crisis.
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Jan 19, 2024 • 42min

Justin Sherman on the FTC Settlement with Location Data Broker X-Mode

Lawfare's podcast discusses the FTC settlement with X-Mode Social, a location data broker. They explore the prohibition of selling sensitive location data, potential actions against data brokers, and the need for comprehensive privacy legislation. The podcast also analyzes the FTC complaint against X-Mode, the challenges of data sharing obligations, and the implications and frustrations surrounding the lack of privacy legislation.
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Jan 18, 2024 • 56min

Chatter: Nuclear Launch Authority in Myth and Reality, with Hans Kristensen

Hans Kristensen, Director of the Nuclear Information Project, discusses the chain of command for nuclear strike authorization, alternatives to the current system, fictional scenarios of nuclear launches, and the 'letters of last resort' for UK nuclear submarines. They also touch on deterrence and human psychology in relation to nuclear weapons.
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Jan 18, 2024 • 57min

Protecting Civilians in Gaza and Beyond with Marc Garlasco and Emily Tripp

Marc Garlasco, civilian harm reduction advocate, and Emily Tripp, military policy expert, discuss the state of civilian harm worldwide, the Pentagon's groundbreaking policy on civilian harm reduction, and efforts to get U.S. allies and partners to buy in. They emphasize the need for better protections for civilians in conflict zones and the challenges of future administrations ignoring or removing policies aimed at protecting civilians. The speakers also discuss the importance of safeguarding personal information online and the evolving relationship between NGOs and the military.
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Jan 17, 2024 • 57min

Chimène Keitner on South Africa, Israel, and the Genocide Convention

Chimène Keitner, Martin Luther King Jr. Professor of Law at the University of California, discusses South Africa's petition against Israel under the Genocide Convention. Topics include analyzing genocidal intent, the impact of statements at the International Criminal Court, cybercrime targeting, and the challenges judges face in this complex issue.
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Jan 16, 2024 • 50min

Greg Johnsen and Scott Anderson on the Fight Against the Houthis

Greg Johnsen and Scott Anderson discuss the spate of Houthi attacks against merchant shipping and U.S. forces, the U.S. response and associated legal questions, potential paths forward, and the advantages of conflict for the Houthis.
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Jan 15, 2024 • 1h 3min

Lawfare Archive: What Happens When We Don’t Believe the President’s Oath?

Exploring doubts about President Trump's ability to honor the oath of office, the consequences of skepticism towards the oath, risks of political views in the era of cybercrime, and the complexity of the public's perception of the President's oath.

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