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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.

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

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The Lawfare Podcast

In a live conversation on Sept. 2, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Scott R. Anderson, Anna Bower, and Lawfare Public Service Fellow Loren Voss to discuss Sunday’s emergency hearing in L.G.M.L. et al. v. Kristi Noem—in which Judge Sparkle Sooknanan blocked the Trump administration’s plans to send unaccompanied migrant children to Guatemala—Judge Charles Breyer’s ruling in Newsom v. Trump which found that President Trump’s use of the National Guard and U.S. Marines in Los Angeles violated the Posse Comitatus Act, and the Federal Circuit Court of Appeals ruling striking down Trump’s tariffs on International Emergency Economic Powers Act grounds.

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.

 Hosted on Acast. See acast.com/privacy for more information.

Lawfare Daily: Federal Judges Rule Against Trump on National Guard Deployment, Tariffs, and Removal of Migrant Children to Guatemala

On today’s episode, Molly Reynolds, Contributing Editor at Lawfare and Senior Fellow at Brookings, sits down with Zach Price, Associate Professor of Law at UC Law San Francisco, and Phil Wallach, Senior Fellow at the American Enterprise Institute, to discuss pocket rescissions as an approach to cancelling funds previously approved by Congress. They cover whether the practice is legal, how it threatens Congress’s institutional power, and how they fit in with broader efforts by the Trump administration.

For more, take a look at the following pieces on Lawfare:

 • “
Past Pocket Rescissions Are Not Precedents for Power Vought Claims • ,” by Cerin Lindgrensavage and William Ford
 • “
Lawfare Daily: The President, Congress, and the Power of the Purse • ,” with Molly Reynolds, Matt Lawrence, Eloise Pasachoff, and Zachary Price
 • “
Pocket Rescissions: Legal Controversy and Political Meaning • ,” by Philip Wallach

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: Pocket Rescissions in Congress

In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Anna Bower and Scott Anderson, Lawfare contributor James Pearce, Lawfare Public Service Fellow Loren Voss, and The Atlantic staff writer Quinta Jurecic to discuss the legality of the Trump administration’s cancellation of $4.9 billion in foreign aid funding using a “pocket rescission,” how that impacts ongoing litigation surrounding foreign aid grant cancellations, the expanding role of the Pentagon in domestic law enforcement in D.C. and across the country, Fed. Governor Lisa Cook’s lawsuit challenging President Trump’s attempt to remove her from the Board of Governors of the Federal Reserve, and more.You can find information on legal challenges to Trump administration actions here. And check out Lawfare’s new homepage on the litigation, new Bluesky account, and new WITOAD merch.

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

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The Trials of the Trump Administration, Aug. 29

From August 23, 2024: Richard Albert, William Stamps Farish Professor in Law, Professor of Government, and Director of Constitutional Studies at the University of Texas at Austin, joins Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare, to conduct a comparative analysis of what helps constitutions withstand political pressures. Richard’s extensive study of different means to amend constitutions shapes their conversation about whether the U.S. Constitution has become too rigid.

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: Richard Albert on Constitutional Resilience Amid Political Tumult

From August 28, 2024: On today’s episode, Vanda Felbab-Brown, Director of the Initiative on Nonstate Armed Actors, Co-Director of the Africa Security Initiative, and Senior Fellow in Foreign Policy at the Brookings Institution joins Lawfare Managing Editor Tyler McBrien to help make sense of the recent skirmishes in northern Mali between the junta, separatist groups, Islamists, and Russian mercenaries. 

They discuss what the recent ambush in Mali portends for Russian and Russian-aligned mercenaries' activities in Africa and look back at how Moscow has restructured and reframed the Wagner Group in the year since the death of its former head, Yevgeny Prigozhin.

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 Archive: The Wagner Group, One Year After Prigozhin with Vanda Felbab-Brown

Peter E. Harrell, Adjunct Senior Fellow at the Center for a New American Security, joins Kevin Frazier, AI Innovation and Law Fellow at the University of Texas School of Law and a Senior Editor at Lawfare, to examine the White House’s announcement that it will take a 10% share of Intel. They dive into the policy rationale for the stake as well as its legality. Peter and Kevin also explore whether this is just the start of such deals given that President Trump recently declared that “there will be more transactions, if not in this industry then other industries.”

Find Scaling Laws on the Lawfare website, and subscribe to never miss an episode.

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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Scaling Laws: Uncle Sam Buys In: Examining the Intel Deal

On today’s episode, Lawfare’s Ukraine Fellow Anastasiia Lapatina sits down with Eric Ciaramella, a Senior Fellow at the Carnegie Endowment for International Peace and Lawfare Contributing Editor, to discuss the history of American security commitments abroad and how it can help inform the debate around security guarantees for Ukraine.

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: Unpacking Security Guarantees for Ukraine

This week, Scott sat down with old and new Lawfare colleagues—Benjamin Wittes, Renée DiResta, and Michael Feinberg—to talk through the week’s big national security news stories, including:

 • “An Old Fashioned Anti Raid.” Former Trump National Security Advisor (turned Trump critic) John Bolton got a rude awakening this past week when the FBI conducted a raid at his home, reportedly on the grounds that he is believed to have retained classified information from his time in office. It’s the latest in a recent spate of (well publicized) investigations targeting Trump’s critics and enemies, including a series of mortgage fraud investigations into Federal Reserve governor Lisa Cook (who Trump now purports to have removed for cause), New York Attorney General Letitia James (which coincided with a photo shoot that Justice Department official Ed Martin did, uninvited, outside of her home), and Senator Adam Schiff. How big a threat are such investigations to Trump’s enemies? And what will their long-term implications be for the Justice Department?
 • “Uncleared and Present Danger.” Last week, Director of National Intelligence Tulsi Gabbard pulled security clearances from 37 current and former intelligence officials on the purported grounds that they had “abused the public trust by politicizing and manipulating intelligence, leaking classified intelligence without authorization, and/or committing intentional egregious violations of tradecraft standards.” Those affected range from current senior intelligence officials to former officials who have been out of government for years to current senior congressional staffers. What are the consequences likely to be of Gabbard’s actions and what does it show about the Trump administration’s approach to national security agencies?
 • “Blue Sky Thinking.” In response to a state law mandating age verification for anyone seeking to use social media platforms, Bluesky has opted to shut down its services in the state of Mississippi. What does this sort of response tell us about the trajectory of state and federal regulations, and what the impact might ultimately be on the internet?

In Object Lessons, Ben is letting The Algorithm light his way—literally—with solar-powered sunflower lights. Renée, not to be outdone, also bows before our algorithmic overlord and wants you to stream Red Bull’s YouTube dance battles. Scott is using his green thumb to plant the seeds of some versatile green fruit. And Michael is going less horticultural, more horrifying, by planting horror movie props around his house—because nothing says “I love you” like a severed head in the fridge.

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 “Room Raider” Edition

Matthew Ford, Associate Professor at Swedish Defence University and author of “War in the Smartphone Age: Conflict, Connectivity, and the Crises at Our Fingertips,” joins Lawfare’s Justin Sherman to discuss the role of smartphones and related technologies in war, how social media contributes to a collapse of context in the war content we see online, and how smartphones and other devices are reshaping open-source intelligence (OSINT) and open-source investigations (OSINV) vis-a-vis conflicts and violence from Syria to Ethiopia to Ukraine. They also discuss the tech stack in war, how the military “kill chain” is evolving with ever-greater digital connectivity, the current state and future of “participatory warfare,” and how we can become better consumers—and sharers—of war-related content online.

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: ‘War in the Smartphone Age,’ with Matthew Ford

Lawfare Contributor Mykhailo Soldatenko sits down with Michael O'Hanlon, Director of Foreign Policy Research and Senior Fellow at the Brookings Institution, and Andriy Zagorodnyuk, Chairman of the Centre for Defence Strategies in Kyiv, a former Ukrainian Defence Minister, and a nonresident scholar at Carnegie Endowment for International Peace, to discuss ways of defending Ukraine from present and future Russian attacks in the absence of NATO membership.

Please see the following policy proposals relevant to the discussion: 

 • “
Defending Ukraine in the Absence of NATO Security Guarantees • ,” by Paul B. Stares and Michael O'Hanlon
 • “
Ukraine's New Theory of Victory Should be Strategic Neutralization • ,” by Andriy Zagorodnyuk
 • “
Exploring Ukraine’s Armed Neutrality or Nonalignment: Legal and Policy Considerations • ,” by Mykhailo Soldatenko

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.

 Hosted on Acast. See acast.com/privacy for more information.

Lawfare Daily: Defending Ukraine Outside NATO with Michael O'Hanlon and Andriy Zagorodnyuk

Bob Bauer, Professor of Practice and Distinguished Scholar in Residence at New York University School of Law, and Liza Goitein, Senior Director of Liberty & National Security at the Brennan Center, join Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare, to review the emergency powers afforded to the president under the National Emergency Act, International Emergency Economic Powers Act, and the Insurrection Act. The trio also inspect ongoing bipartisan efforts to reform emergency powers.

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/c/trumptrials.

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

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Lawfare Daily: Bob Bauer and Liza Goitein on Emergency Powers Reform

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