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The Lawfare Institute

The Lawfare Podcast features discussions with experts, policymakers, and opinion leaders at the nexus of national security, law, and policy. On issues from foreign policy, homeland security, intelligence, and cybersecurity to governance and law, we have doubled down on seriousness at a time when others are running away from it. Visit us at www.lawfareblog.com.

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The Lawfare Podcast

For today’s episode, Lawfare General Counsel and Senior Editor Scott R. Anderson sat down with Contributing Editor and leading sanctions expert Peter Harrell to talk over the not one but two judicial rulings that enjoined President Trump's tariffs last week.

They discussed the similarities and differences between the two rulings, what seems likely to happen on appeal, and what it all might mean for the other, more well-established uses the executive branch makes of the 1977 International Emergency Economic Powers Act (IEEPA), including its myriad longstanding sanctions regimes. 

To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.

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Lawfare Daily: Two Courts Rule Against Trump’s IEEPA Tariffs, with Peter Harrell

This episode of “Lawfare Live: “Trump’s Trials and Tribulations” was recorded on December 5 in front of a live audience on Youtube and Zoom.

Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Senior Editors Anna Bower, Quinta Jurecic, and Roger Parloff, Lawfare Managing Editor Tyler McBrien, and Lawfare Executive Editor Natalie Orpett about Jack Smith’s motions to dismiss the federal prosecutions of Donald Trump, where the state cases stand, and so much more for the last regular edition of this series. Find the Lawfare auction here.

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Trump's Trials and Tribulations, The Final Edition

From May 11, 2021: David Ignatius, a columnist for the Washington Post, recently ran a lengthy column about the machinations of Kash Patel in the executive branch during the presidential transition. Patel, a former staffer for Devin Nunes, held a variety of positions in the months before Donald Trump left office, and Donald Trump considered him for a variety of other positions. It's a remarkable story that raises a whole series of questions that Jack Goldsmith has been asking on Lawfare for some time. Benjamin Wittes sat down with Ignatius and Goldsmith to discuss the article. What was Patel up to in the final days of the Trump administration? What does it say about the way the executive branch functioned under Donald Trump? And what does it say about the activities of the deep state?

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Lawfare Archive: Ignatius and Goldsmith on the Story of Kash Patel

Kevin Xu, founder of Interconnected Capital and author of the Interconnected newsletter, joins Kevin Frazier, Senior Research Fellow in the Constitutional Studies Program at the University of Texas at Austin and a Tarbell Fellow at Lawfare, to analyze China’s AI ambitions, its current AI capacities, and the likely effect of updated export controls on the nation’s AI efforts. The two pay particular attention to the different AI development strategies being deployed by the U.S. and China and how those differences reflect the AI priorities of the respective nations.

To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.

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Lawfare Daily: Kevin Xu on the State of the AI Arms Race Between the U.S. and China

Jack Goldsmith sits down with Glenn Fine, the former principal deputy Inspector General of the Department of Defense and former Acting IG of the Department of Defense, and author of the new book, “Watchdogs: Inspectors General and the Battle for Honest and Accountable Government.” They discuss the history of inspectors general and early constitutional concerns about the role that inspectors general play, Fine’s experiences at both the Department of Justice and the Department of Defense, the 2022 inspector general reforms and their significance, and Fine’s own proposed reforms to improve inspector general oversight.

To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.

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Lawfare Daily: What Does the Inspector General Do?

International politics and security expert Dr. Ben Tallis, who now directs the Berlin-based Democratic Strategy Initiative, joined David Priess to discuss the challenges of German grand strategy since 1945, the country's musical culture in the 1950s and 1960s, the origins and evolution of Kraftwerk and its members' effort to reconceptualize German identity, the band's influence on musicians globally, U2 and post-Cold War Europe, how Germany became the most respected country in the world by 2020, Chancellor Angela Merkel's missed opportunities to reconceptualize Germany's international role, the Russian invasion of Ukraine and Chancellor Olaf Scholz's Zeitenwende speech, German rearmament since 2022 compared to Poland, the role of chancellor in the German system, the roster of future German leaders, and whether countries in Central and Eastern Europe would have enough confidence in German resolve to follow more assertive leadership from Berlin.

Mentioned in this episode:

Official website of the band Kraftwerk

The Democratic Strategy Initiative, at www.democratic-strategy.net

The journal article by Benjamin Tallis, "Kraftwerk and the International 'Re-Birth of Germany:' Multiplicity, Identity, and Difference in Music and International Relations," in Cooperation and Conflict, Vol. 57:3 (2022)

The online article by Roderick Parkes, Florence Schimmel, and Benjamin Tallis, "Germany Needs a Strategy--Grand and Democratic," in Internationale Politik Quarterly, January 16, 2024

Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.

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Chatter: German Grand Strategy and ... Kraftwerk, with Ben Tallis

Ukraine’s defense industry has grown substantially after Russia’s full-scale invasion. But it also suffered from a huge domestic burden—a ban on arms exports, which forced companies to close down or relocate abroad. Ukrainian lawmaker Halyna Yanchenko sits down with Lawfare Ukraine Fellow Anastasiia Lapatina to explain why exporting Ukrainian weapons will benefit Ukraine and global security.

To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.

Support this show http://supporter.acast.com/lawfare.

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Lawfare Daily: Ukrainian Lawmaker on Why Ukraine Must Export Its Weapons

On November 28, Georgia Prime Minister Irakli Kobakhidze announced that he was suspending Georgia’s accession process to the European Union. In the weeks since, thousands of protestors have demonstrated in the capital city, Tbilisi, and across the country. 

Lawfare Associate Editor for Communications Anna Hickey sat down with Dr. Beka Kobakhidze, Professor and Co-chair of MA Program in Modern History of Georgia at Ilia State University, to discuss the protests, Russia’s growing influence in the country and the broader region, and the violence the government has used to crack down on the protests.

To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.

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Lawfare Daily: Pro-Democracy Protests in Georgia

This week, Scott was joined by his Lawfare colleagues Benjamin Wittes, Eugenia Lostri, and Tyler McBrien to break down the week's big national security news, including:

 • “The Long Road to Damascus.” Syria’s Assad regime collapsed suddenly last week in the face of a rebel offensive, ending thirteen years of revolution. What comes next, however, is anyone’s guess. How will this shift impact regional security? And how is the incoming Trump administration likely to respond?
 • “Pardonez-Moi.” President-elect Donald Trump’s decision to nominate unabashed loyalist Kash Patel—a person who has published a book listing political enemies he thinks should be prosecuted by the Justice Department—for the soon-to-be-vacant position of FBI Director has renewed concerns that the incoming Trump administration will use the Justice Department to prosecute his political enemies. President Biden may have responded in part by pardoning his son Hunter for a wide range of conduct—and some are arguing he should extend similar protections to others the Trump administration may target. How real is the threat of such targeted prosecution? And are preemptive pardons the right protection?
 • “Not in Kansas Anymore.” The Fifth Circuit recently issued what may prove to be a landmark sanctions decision, holding that certain Tornado Cash automated cryptocurrency contractual mechanisms sanctioned by the Treasury Department do not constitute “property” within the meaning of the International Emergency Economic Powers Act and thus cannot be sanctioned. It’s also one of the first appellate court decisions to apply the Supreme Court’s recent 
Loper Bright • decision, which ended 
Chevron • deference to agency interpretations of ambiguous statutes, in the national security context. How persuasive is the court’s opinion? And what impact will it have on U.S. policy in this area?

For object lessons, Ben endorsed(?) Kash Patel's three childrens' books as confirmation must-reads. Eugenia amped up everyones' holiday parties with a surefire recipe for maple cookies. Scott recommended the Lion's Tail as a surprisingly seasonal tiki-ish cocktail. And Tyler celebrated transition season with three recommended political profiles, specifically of Kash Patel, Ron Desantis, and Donald Trump circa 1997.

Also, Rational Security will be saying goodbye to 2024 in its traditional fashion: by discussing listener-submitted topics and object lessons! To submit yours, call in to (202) 743-5831 to leave a voicemail or email rationalsecurity@lawfaremedia.org. Just do it by COB on December 18!

To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.

Support this show http://supporter.acast.com/lawfare.

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Rational Security: The “Tornado Kash” Edition

At a virtual panel conversation co-hosted by Lawfare and NYU's Center for Technology Policy, center Director Scott Brennen moderated a conversation between Lawfare Senior Editor and University of Minnesota law professor Alan Rozenshtein, University of North Carolina law professor Mary-Rose Papandrea, and Georgetown law professor Anupam Chander, about the recent D.C. Circuit decision upholding the TikTok divestment-or-ban law and what that means for the future of both TikTok and the First Amendment.

To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.

Support this show http://supporter.acast.com/lawfare.

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Lawfare Daily: Understanding the DC Circuit Court's Decision on TikTok

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 ICE’s 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.

To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.

Support this show http://supporter.acast.com/lawfare.

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Lawfare Archive: Sejal Zota on ICE Tracking Technologies

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