The Lawfare Podcast

Joanna Schwartz, a law professor at UCLA and author of "Shielded: How the Police Became Untouchable," dives deep into the pervasive issues of police accountability. She discusses the shocking fact that charges against officers in killings happen in less than 2% of cases due to systemic biases and qualified immunity. Joanna also highlights the challenges victims face in civil rights litigation and advocates for necessary reforms in policing policies. Their conversation sheds light on the urgent need for legislative changes and more robust oversight to protect civil rights.

Eugene Volokh, a Senior Fellow at the Hoover Institution and a law professor at UCLA, dives into the intricacies of libel law and AI-generated content. He discusses how current libel laws might adapt as technology evolves, emphasizing the challenges of determining liability for AI outputs. The conversation highlights the impact of AI on reputation management and the legal complexities surrounding defamation. Volokh also addresses the implications of Section 230 and how AI innovations could reshape legal frameworks, raising pertinent questions about individual rights and innovation.

Nicholas Kristof, a renowned New York Times opinion columnist and humanitarian reporter, discusses the drastic cuts to USAID under the Trump administration. He highlights the grim consequences of slashing foreign assistance, especially in maternal healthcare, and paints a stark picture of the challenges faced by vulnerable populations in Africa. Kristof also emphasizes how these funding cuts endanger U.S. national security and amplify China's influence in these regions. With personal anecdotes from his reporting trips, he underscores the vital role of foreign aid in fostering global trust and health security.

Scott is joined by Eric Ciaramella, a Lawfare contributing editor and Ukraine expert, alongside Benjamin Wittes, to dissect recent shifts in U.S. foreign policy. They explore President Trump's newfound support for Ukraine, the significant personnel cuts at the State Department, and the ongoing tensions with Russia. The conversation highlights how these changes affect international dynamics and American diplomacy. Additionally, the implications of military engagement with Iran's nuclear program are critically examined, raising questions about intelligence integrity.

Markiyan Kliuchkovskyi, Executive Director of the Register of Damage for Ukraine, and Patrick Pearsall, Partner at Gibson Dunn and reparations expert, delve into Ukraine's strategy for seeking reparations from Russia. They discuss how they pitched their innovative reparations mechanism to President Zelensky and international bodies. Key topics include the legal obligations of Russia, the role of frozen assets as funding sources, and the importance of a scalable system for managing claims and compensation. Their insights reveal the complex intersection of law, politics, and global accountability.

David Noll, a Professor of Law at Rutgers, discusses the often-overlooked enforcement powers of the judiciary against defiant executives. He argues that the assumption of judicial powerlessness is mistaken, detailing non-custodial sanctions such as substantial fines and professional discipline. Noll explains the historical responsibility of U.S. Marshals and the possibility for courts to appoint deputies for enforcement, emphasizing that conflicts between branches of government may be more complicated than commonly perceived.

A significant Supreme Court ruling allows for mass terminations of federal employees, stirring debate on government accountability. The podcast delves into the legal intricacies surrounding a nationwide injunction on birthright citizenship and ongoing challenges in immigration cases. Discussions also spotlight the restructuring at the State Department and its impact on institutional memory. Recent developments reveal intricate dynamics in judicial proceedings, including due process issues and allegations of judicial misconduct, highlighting the complex interplay of law and politics.

Julian Mortenson, a law professor at the University of Michigan and author of a pivotal article on executive power, delves deep into the implications of the phrase 'executive power' in the Constitution. He challenges the dominant narrative surrounding presidential authority, arguing it's fundamentally misinterpreted. The discussion highlights historical debates, the balance of power between branches of government, and the necessity of reevaluating presidential limits. Mortenson’s insights provoke thought on the evolving nature of constitutional law and its impact on modern governance.

Juliette Kayyem, a Harvard Kennedy School professor and author on disaster management, discusses the tragic Baltimore Bridge collapse caused by a cargo ship collision, which resulted in the loss of six lives. She analyzes the immediate responses and economic ramifications, stressing the importance of proactive crisis management. The conversation highlights strategies for resilience, comparing prevention with response efforts and the necessity for effective communication. Kayyem underscores the responsibilities of both government and industry in safeguarding critical infrastructure against future crises.

Join John Keller, a partner at Walden, Macht, Haran, & Williams and former chief of the Public Integrity Section at the DOJ, as he delves into the intricacies of bribery law. He explores whether certain actions during Trump's second administration could be seen as bribery, including a lucrative settlement and pro bono legal services. Keller breaks down concepts like 'quid pro quo' and emphasizes the challenges of proving corrupt intent, particularly in high-stakes political negotiations. A thought-provoking discussion on ethics, accountability, and the legal landscape unfolds!