Episodes
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Itâs been a wild and wooly week in Ukraine politics: Speeches from American officials have not been consistent with each other, American statements on Ukraine at the Munich Security Conference were not well received by European leaders, and domestic politics in Ukraine are getting worrisome. Lawfare Editor-in-Chief Benjamin Wittes sits down with Eric Ciaramella of the Carnegie Endowment for International Peace to talk about all of these issues and more.
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Matt Perault, Head of AI Policy at Andreessen Horowitz, joins Kevin Frazier, Contributing Editor at Lawfare and Adjunct Professor at Delaware Law, to define the Little Tech Agenda and explore how adoption of the Agenda may shape AI development across the country. The duo also discuss the current AI policy landscape.
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In a live conversation on February 14, Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Senior Editors Anna Bower, Scott Anderson, and Roger Parloff and Managing Editor Tyler McBrien about the lawsuits challenging executive actions by President Trump and his administration, including the foreign aid freeze, access to Treasury Department systems by associates of the Department of Government Efficiency, and the firing of the head of the Office of the Special Counsel.
You can find information on legal challenges to Trump administration actions here.
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From August 18, 2021: Earlier this month, Tucker Carlson, whose nightly news show on Fox has become the most popular show in U.S. cable news history, traveled to Budapest to record a special version of his show. The centerpiece of his visit was an interview with Hungary's authoritarian leader, Viktor OrbĂĄn. But far from criticizing OrbĂĄn or questioning him on Hungary's increasing move away from liberal democracy, Carlson was all compliments, praising the fence that Hungary has built along its border and allowing OrbĂĄn to lash out against his critics at home and abroad.
Carlson is not the only one with kind words for Hungary's would-be strongman. In the past months, an increasing number of conservative media and intellectual elites have praised Hungary, as well as earlier models like Portugal under the post-World War II right-wing dictator AntĂłnio Salazar, for what they view as its willingness to use state power to fight for conservative social, cultural and religious values.
To discuss what this embrace of foreign authoritarianism means for the American conservative movement, Alan Rozenshtein spoke with Zack Beauchamp, a senior correspondent at Vox, who has written about the rightâs embrace of OrbĂĄnism and what it means for the future of American democracy.
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From July 14, 2020: In a 2018 poll, 74 percent of Americans said they believed that some group of unelected government and military officials was definitely or probably secretly manipulating or directing national policy. What is the actual history of presidents and Congress clashing with national security and law enforcement institutions? And how has that led to Trump's notion of a deep state out to get him? David Priess spoke with two-time Pulitzer Prize winner David Rohde of The New Yorker, who has turned his attention to this tricky topic in the new book, "In Deep: The FBI, the CIA, and the Truth about America's 'Deep State.'" They talked about intelligence, law enforcement, inspectors general, public trust in government and of course, Bill Barr.
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In the last two years, there have been at least four incidents of damaged underwater infrastructure in the Baltic Sea. Be it Russian deliberate sabotage or accidents, NATO is looking for ways to enhance Europeâs maritime security.
In this episode, Lawfareâs Ukraine Fellow Anastasiia Lapatina sits down with Minna Ă lander, an Associate Fellow at Chatham Houseâs Europe Programme, to discuss what Europe can do to protect its waters.
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Only a few weeks have passed since inauguration, but President Trump's barrage of executive orders has already generated dozens of legal challenges. Which raises the question: are the courts up to the job? Executive Editor Natalie Orpett sat down with Benjamin Wittes, Lawfare's Editor-in-Chief, to discuss his recent article, âAre the Courts Up to the Situation?,â published in Lawfare earlier this week. They talked about the courts' role in the face of unprecedented assertions of executive power, how they're faring so far, and what comes next.
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This week, Scott sat down with his Lawfare teammates Tyler McBrien and Nastya Lapatina and Lawfare friend Joel Braunold, Managing Director of the S. Daniel Abraham Center for Middle East Peace, to talk over the week's big national security news stories, including:
âMi Gaza Es Su Gaza.â President Donald Trump shocked the world last week when, in a joint press briefing with Israeli Prime Minister Benjamin Netanyahu, he announced plans for the United States to âownâ Gaza, take responsibility for reconstructing it, and ultimately renovate it into a âRivieraâ on the Eastern Mediterraneanâone, he later made clear, that Palestinians would no longer be allowed to live in. What of this plan is serious and what is bluster? And what impact will it have on the broader Israeli-Palestinian conflict, including the delicate ceasefire that Trumpâs emissary worked so hard to secure just weeks ago in Gaza?âBullets for Bauxite.â President Trump recently reiterated his desire for a quick end to the conflict in Ukraine, a topic on which senior Trump administration and Ukrainian officials will be talking soon. But peace will come at a priceâin this case, a deal guaranteeing U.S. access to Ukraineâs rare earth minerals, among other concessions. Is Trumpâs timeline realistic? And how is his administrationâs âAmerica Firstâ tack likely to impact the trajectory of the conflict?âQuid Pro Whoa.â Acting Deputy Attorney General Emil Bove took the exceptional step this week of directing the U.S. Attorneyâs Office for the Southern District of New York to dismiss corruption chargesâarising from alleged improper contributions and relationships with foreign government officials, including from Turkeyâagainst New York Mayor Eric Adams so that Adams could focus his energy combating high crime and unlawful immigration. What should we make of such a clear quid pro quo? And what might it mean for the Justice Department moving forward?For object lessons, Tyler and Nastya plugged Lawfare's next big long-form audio documentary series, which they co-host and is set to debut later this month: Escalation, a podcast about the war in Ukraine. Scott recommended an incredibly touching piece in the New York Times about faith, parenthood, and reconciling the two, entitled "How My Dad Reconciled His God with His Gay Son," by Timothy White. And in honor of the man's Super Bowl victory, Joel shared one of his favorite quotes from Philadelphia Eagles quarterback Jalen Hurts, which has particular resonance with the peacebuilding community he works in: "I had a purpose before anybody had an opinion."
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Jack Goldsmith, the Learned Hand Professor at Harvard Law School and co-founder of Lawfare, joins Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare, to talk about his recent Lawfare article discussing last year's Supreme Court decision in Trump v. United States and its implications for executive power. They discuss how the ruling extends beyond presidential immunity, the broader shift toward a maximalist theory of executive authority, and what this means for the future of American democracy.
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Chris Miller, a professor at the Fletcher School at Tufts University and Nonresident Senior Fellow at the American Enterprise Institute, and Marshall Kosloff, Senior Fellow at the Niskanen Center and co-host of the Realignment Podcast, join Kevin Frazier, a Contributing Editor at Lawfare and adjunct professor at Delaware Law, and Alan Rozenshtein, Senior Editor at Lawfare and associate professor of law at the University of Minnesota, to discuss AI, supply chains, and the Abundance Agenda.
We value your feedback! Help us improve by sharing your thoughts at lawfaremedia.org/survey. Your input ensures that we deliver what matters most to you. Thank you for your supportâand, as always, for listening!
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In a live conversation on February 7, Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Senior Editors Anna Bower, Quinta Jurecic, and Roger Parloff about the lawsuits against executive actions by President Trump and his administration, including the actions by DOGE to gain access to executive agencies, the attempt to dissolve USAID, the attempt to produce a list and potentially fire FBI agent and employees who were involved with the Jan. 6 investigations, and more.
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From August 22, 2023: In 2003, President Bush created the Presidentâs Emergency Plan for AIDS Relief, or PEPFAR, and in the twenty years since, the program has been credited with saving over 25 million lives and stabilizing health systems around the world. On Sept. 30, 2023, the program will expire if Congress doesnât act, putting millions of people at risk of losing access to HIV/AIDS treatment.
Lawfare Associate Editor of Communications Anna Hickey sat down with Emily Bass, a writer and activist who has spent more than twenty years writing about and working on HIV/AIDS. In 2021, she wrote âTo End a Plague,â a book on America's war on AIDS in Africa. They discussed how PEPFAR has changed over the past 2 decades, why it is at risk of expiring this fall, and what the expiration would mean for the millions of people who depend on it.
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From August 31, 2020: Earlier this month, the Trump administration re-imposed tariffs on aluminum imports from Canada, signaling a new salvo in the now years-long trade war it has been waging with countless U.S. trading partners. But what gives the president the authority to pursue such measures unilaterally, even when he lacks support from members of his own party in Congress? To talk through this question, Scott R. Anderson sat down with Kathleen Claussen of the University of Miami School of Law and Timothy Meyer of Vanderbilt Law School. They discussed the scope of the president's authority over trade, where it came from and what a future Congress might be able to do about it.
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On todayâs podcast, Lawfare Associate Editor for Communications Anna Hickey spoke to Nayna Gupta, Director of Policy at the American Immigration Council, about the Laken Riley Act, the first piece of legislation signed by President Trump in his second term, its start as a messaging bill in the last Congress, and its impact on the immigration detention system.
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Lawfare Foreign Policy Editor and Georgetown professor Daniel Byman sits down with Holly Berkley Fletcher, a former Senior Africa Analyst at the Central Intelligence Agency, to discuss the complex and tragic situation in Sudan and her recent Lawfare article on the subject, âThe Sudan War and the Limits of American Power.â They talk about the initial hope following the overthrow of Omar al-Bashir in 2019, the subsequent military conflicts in Sudan, the countryâs humanitarian crisis, the role of regional powers, and the challenges faced by civilians and the international community in addressing the ongoing violence and suffering.
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This week, Scott sat down with his Lawfare colleagues Benjamin Wittes, Molly Reynolds, and Anna Bower to talk through another big week of national security news, including:
âChecked Out and Off Balance.â Over its first two weeks in office, the Trump administration has pushed against the traditional limits of congressional authority by unlawfully impounding funds, terminating federal employees contrary to statute, and seeking to dismantle at least one federal agency contrary to statute. But the Republican-controlled Congress has thus far remained almost entirely complacent, if not supportive of the presidentâs actions. How far will the Trump administration be able to go? And what will the long-term consequences be for the separation of powers?âJus Soli? Jus Kidding.ââ As one of his first acts after returning to the White House, Donald Trump issued an executive order refusing to recognize birthright citizenship in the United States for anyone whose parents are not citizens or lawful permanent residents. All told, it seems like a clear effort to trigger a review of the traditional understanding of the 14th Amendment as implementing jus soli, meaning citizenship based on place of birth. But how likely is it to work?âFoâ Drizz(coll).â The Trump administrationâs promised campaign of retribution has hit the Justice Department, where senior supervisors have been reassigned and prosecutors involved in the Jan. 6 investigations have been terminated, perhaps unlawfully. But now efforts to gather the names of FBI agents involved in those same investigations for presumed retribution are facing serious pushback, including from the Bureauâs Acting Director Brian Driscoll (known as âthe Drizzâ). How hard can the FBI and Justice Department push back? And where are the legal limits on what the Trump administration can do?In object lessons, Molly chose not to gamble and stayed on-brand with her recommendation of local-NPR-affiliate podcast Scratch & Win. Ben asked himself the question that many at the FBI are asking themselves these days: âWWDD?â Scott followed the sentiment with an endorsement of âCivil servants shouldnât quit their jobs,â by Matthew Yglesias. And Anna insisted that her reverence of the TV show Severance has absolutely nothingâreally, nothingâto do with belly buttons.
We value your feedback! Help us improve by sharing your thoughts at lawfaremedia.org/survey. Your input ensures that we deliver what matters most to you. Thank you for your supportâand, as always, for listening!
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On Jan. 28, the Office of Personnel Management (OPM) sent out an email offering a âdeferred resignation programâ to over 2 million federal employees, encouraging them to resign effective Sept. 30. The offer is only open until Feb. 6âand in the intervening days since OPM announced the program, federal employees have received a blizzard of followup emails offering confusing and rapidly changing information.
Writing in Lawfare, Nick Bednar has examined the OPM offer and raised questions about whether federal employees who take this option will be able to seek legal recourse if their contract is not paid out. On the podcast, Bednar, an associate professor of law at the University of Minnesota, joined Lawfare Senior Editor Quinta Jurecic to walk through the many legal issues raised by the program and how federal employees are handling this period of uncertainty.
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Todayâs episode is a recording of Feb. 3 livestream that Senior Editor Scott R. Anderson hosted with George Ingram and Tony Pipa, both Senior Fellows in Global Economy and Development at the Brookings Institution, and Jonathan Katz, Senior Director of the Anti-Corruption, Democracy, and Security project also at Brookingsâall three of whom are also alumni of the U.S. Agency for International Development (USAID). Among other topics, they discussed the USAIDâs tumultuous experience over the first two weeks of the Trump administration, the serious consequences of the sudden freeze President Trump installed on U.S. foreign assistance, the sudden removal of hundreds of USAID personnel, and rumors that USAID is set to be subsumed into the U.S. Department of State.
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Nema Milaninia, a former prosecutor at the International Criminal Court and International Criminal Tribunal for the Former Yugoslavia and a current partner at the law firm King & Spalding, joins Lawfare Managing Editor Tyler McBrien to discuss legislation in the U.S. Congress and recent executive actions taken by the Trump administration to, once again, sanction the International Criminal Court.
Milaninia discusses what is motivating the most recent sanctions campaign, broke down the many criticismsâsome legitimate, some less soâagainst the Court, and explained why sanctions, which are typically reserved for criminal organizations, would benefit no one. He also speaks about how, despite the ICC's best efforts to insulate itself, sanctions pose an existential threat to the institution.
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From May 9, 2022: Many individuals seeking asylum or other forms of immigration relief in the U.S. are subject to a program run by Immigration Customs Enforcement, or ICE, called the Intensive Supervision Appearance Program, which uses various kinds of tracking technologies as a way of keeping tabs on individuals who are not detained in ICE custody.
Stephanie Pell sat down with Sejal Zota, legal director of Just Futures Law, to talk about this program and the kinds of tracking technologies it employees. They discussed what is publicly known about these technologies, the privacy concerns associated with them, as well as some of the harms experienced by individuals who are subjected to the surveillance. Not withstanding these concerns, they also discussed whether the Intensive Supervision Appearance Program is a reasonable alternative to ICE detention, considering ICEâs need to keep track of individuals who are both seeking immigration relief and who may be ordered removed from the U.S. if that relief is not granted.
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