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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 YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Scott Anderson, Anna Bower, Eric Columbus, and Roger Parloff to discuss a hearing in the litigation over the National Guard deployment in Portland, states suing the federal government over immigration enforcement conditions being placed on emergency management federal grants, federal employees unions challenging expected reductions in force during the government shutdown, the Supreme Court allowing Lisa Cook to stay on as Fed governor for now, 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.

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

Lawfare Daily: The Trials of the Trump Administration, Oct. 3

From May 2, 2023: Generative AI products have been tearing up the headlines recently. Among the many issues these products raise is whether or not their outputs are protected by Section 230, the foundational statute that shields websites from liability for third-party content.

On this episode of Arbiters of Truth, Lawfare’s occasional series on the information ecosystem, Lawfare Senior Editor Quinta Jurecic and Matt Perault, Director of the Center on Technology and Policy at UNC-Chapel Hill, talked through this question with Senator Ron Wyden and Chris Cox, formerly a U.S. congressman and SEC chairman. Cox and Wyden drafted Section 230 together in 1996—and they’re skeptical that its protections apply to generative AI. 

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: Cox and Wyden on Section 230 and Generative AI

From September 20, 2024: 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/lawfare-institute.

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

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

In this episode, Molly Reynolds, Senior Fellow at Brookings and contributing editor at Lawfare, sits down with Nick Bednar, Associate Professor of Law at the University of Minnesota and contributing editor at Lawfare, and Sam Berger, Senior Fellow on the Federal Fiscal Policy team at the Center on Budget and Policy Priorities. They discuss why government shutdowns happen, what determines what functions keep operating, how the Trump administration is using this shutdown to pursue novel cuts to the federal workforce, and how to think about the shutdown in the broader context of the Trump administration’s exercise of executive power.

For more on this topic, see the following articles:

In Lawfare:

 • “
A Primer on Reductions in Force • ,” by Nick Bednar
 • “
Don’t Use Shutdown Plans to Slash the Federal Workforce • ,” by Bridget Dooling
 • “
Reductions in Force During Shutdowns • ,” by Nick Bednar 
 • “
Reductions in Force During Shutdowns: Easier Said Than Done • ,” by Nick Bednar

From the Center on Budget and Policy Priorities:

 • “
Understanding the Legal Framework Governing a Shutdown • ,” by Sam Berger
 • “
Administration Plans for Mass Firings in a Shutdown Not Justified by Law or Prudent Management • ,” by Sam Berger

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: The Law of the Shutdown

In a live conversation on October 1, Lawfare Senior Editor Scott R. Anderson spoke to Managing Director at S. Daniel Abraham Center for Middle East Peace Joel Braunold about President Trump’s proposed peace plan for Gaza and what it means for the future of Iraeli-Palestinian relations.

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

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Lawfare Daily: President Trump’s Peace Plan for Gaza

This week, Scott sat down with his colleagues Alan Rozenshtein and Anna Bower to talk through the week’s big national security news stories, including:

 • “A Higher Loyalty.” The Justice Department appeared to bow to the demands of President Trump last week when, over the reported objections of several senior officials, it successfully sought the indictment of former FBI Director James Comey for allegedly false statements he made to Congress. But the prosecution is raising a lot of questions among legal experts about the procedures, the substance, and what exactly its odds are for success moving forward. What should we make of this move by the Justice Department? What does this tell us about the prospects for weaponization moving forward?
 • “A Right to Bare Faces.” California has enacted a new law that, among other measures, will require law enforcement officers of all stripes to limit their use of face masks. But legal experts are torn on whether this policy can constitutionally apply to its clear target: the ICE personnel and other federal law enforcement officers who have started wearing masks for even routine law enforcement activities. How likely is the new law to achieve its goals?
 • “Legal Code.” California has passed a first of its kind AI safety law, with the support (or at least acquiescence) of industry leaders. Does this point a way forward for AI safety legislation? And how will it make us safer?

In object lessons, the AI overlords completely take over. Alan is vibe coding his way to paying for his kids’ college tuition. Scott’s AI alter ego is making easier work of docket watching with NotebookLM. And even Anna, in search of Jimmy Kimmel jokes, gets a little AI anecdote in through her recent tour of NYC comedy clubs.

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 “Sweet Dreams Are Made of Cheese” Edition

Neil Chilson, Head of AI Policy at the Abundance Institute, and Gus Hurwitz, Senior Fellow and CTIC Academic Director at Penn Carey Law School and Director of Law & Economics Programs at the International Center for Law & Economics, join Kevin Frazier, AI Innovation and Law Fellow at the University of Texas School of Law and a Senior Editor at Lawfare, to explore how academics can overcome the silos and incentives that plague the Ivory Tower and positively contribute to the highly complex, evolving, and interdisciplinary work associated with AI governance.

The trio recorded this podcast live at the Institute for Humane Studies’s Technology, Liberalism, and Abundance Conference in Arlington, Virginia.

Read about Kevin's thinking on the topic here: https://www.civitasinstitute.org/research/draining-the-ivory-tower

Learn about the Conference: https://www.theihs.org/blog/curated-event/technology-abundance-and-liberalism/

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: The Ivory Tower and AI (Live from IHS's Technology, Liberalism, and Abundance Conference)

In a live conversation on September 29, Lawfare Senior Editor Kate Klonick spoke to Lawfare Editor in Chief Benjamin Wittes, Lawfare Senior Editor Anna Bower, and Professor of Practice at New York University Bob Bauer about the recent indictment of former FBI Director James Comey and what it says about the Trump administration’s ongoing politicization of the Department of Justice. This conversation is a part of our newly-launched show, Lawfare Live: The Day After, on Substack. You can join us for the next one by becoming a free subscriber to our Substack at lawfare.substack.com.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: The Justice Department as a Political Weapon

In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Scott Anderson, Anna Bower, Eric Columbus, and Roger Parloff to discuss the Supreme Court granting certiorari in Rebecca Slaughter’s challenge to the president’s attempt to remove her as FTC commissioner, the indictment of James Comey, the Supreme Court allowing President Trump to withhold foreign aid funds, a lawsuit challenging warrantless immigration arrests in D.C., and so much 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.

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

Lawfare Daily: The Trials of the Trump Administration, Sept. 26

From May 10, 2024: David Pozen is the Charles Keller Beekman Professor of Law at Columbia Law School and the author of the new book, “The Constitution of the War on Drugs,” which examines the relationship between the Constitution and drug prohibitions. He joined Jack Goldsmith to talk about the constitutional history of the war on drugs and why the drug war was not curbed by constitutional doctrines about personal autonomy, limits on the federal government’s power, the Equal Protection Clause, or the prohibition on cruel and unusual punishment. They also talked about whether the political process is working with advancing decriminalization and how this impacts the constitutional dimension of the drug war.

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: David Pozen on ‘The Constitution of the War on Drugs’

For today’s episode, we’re bringing you the opening episode of our podcast Escalation. Escalation is a multi-part narrative podcast hosted by Lawfare Managing Editor Tyler McBrien and Ukraine Fellow Anastasiia Lapatina. Escalation lays bare the stakes of the Russo-Ukrainian War through powerful storytelling and compelling voices. It reveals forgotten promises and fragile alliances that have shaped the U.S.-Ukraine relationship and how the decisions of policymakers in Washington, Kyiv, and Moscow have global consequences.

In Episode One: Chicken Kiev: The world watches the Cold War end and the Soviet Union break apart. And after centuries of Russian rule, Ukrainians may soon have their independence back. But in Washington, there’s fear that that independence could actually make the world more dangerous.

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: Escalation, Episode One: Chicken Kyiv

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