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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.lawfaremedia.org.

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The Lawfare Podcast

Lawfare Senior Editor Michael Feinberg and historian Frank Dikötter, the author of “Red Dawn Over China: How Communism Conquered a Quarter of Humanity,” discuss the early years of the Chinese communist movement, the American reaction to its successes, and how our current understanding of the era greatly differs from our previous assumptions.

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: Frank Dikötter on the Early Years of Chinese Communism

Senior Editor Kate Klonick interviews reporters Ronan Farrow and Andrew Marantz on their recent article in the New Yorker, titled “Sam Altman May Control Our Future—Can He Be Trusted?” In their 16,000-word piece, Farrow and Marantz create a cohesive narrative with receipts around Sam Altman, the products he's building at OpenAI, and how he's selling them not just to investors and the public, but also to regulators and world leaders.

Klonick unpacks three key areas that are discussed in the piece: potential concerns of fraud, ongoing trust and safety and alignment issues at OpenAI, and the national security concerns that the article exposes in the "country plan" and Altman's entanglements in the Gulf. The discussion ends with a basic question: Are any of these legal issues enough to stop or correct the course of OpenAI, with its estimated $1T IPO in the coming weeks?

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: Sam Altman with Ronan Farrow and Andrew Marantz

In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Molly Roberts, Eric Columbus, and Roger Parloff to discuss Judge Friedman rejecting the Defense Department’s revised press rules, the D.C. Circuit denying Anthropic’s petition for a stay pending review of the enforcement of its supply chain designation, Judge Sorokin rejecting the Justice Department’s attempt to obtain Massachusetts voter records, 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.

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 Trials of the Trump Administration, April 10

From October 28, 2024: Aram Gavoor, Associate Dean for Academic Affairs at GW Law, 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 summarize and analyze the first-ever national security memo on AI. The two also discuss what this memo means for AI policy going forward, given the impending election.

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: Aram Gavoor on the Biden Administration’s AI National Security Memo

From September 1, 2020: On August 13, President Trump said in a news interview that he opposed supplemental funding for the United States Postal Service because such funding is needed for the delivery of universal mail-in ballots for the 2020 election. His comments sparked panic about whether the Trump administration is slowing Postal Service delivery in order to sway the election. Images of blue mailboxes being removed and anecdotes about slow mail delivery added fuel to the fire. Postmaster General Louis DeJoy was called to testify before Senate and House oversight committees. Lawsuits were filed by a host of state attorneys general.

So what’s really going on here? Is this election interference, the implementation of legitimate policies or something else? Margaret Taylor sat down with Kevin Kosar of the American Enterprise Institute and Anne Joseph O’Connell of Stanford Law School to sort through the facts, the policy changes, the investigations and the lawsuits—and what it all means for the 2020 election.

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: Election Anxieties and the U.S. Postal Service with Kevin Kosar and Anne Joseph O’Connell

Representative Nick Begich, Alaska's at-large member of Congress, joins Kevin Frazier, Director of the AI Innovation and Law Program at the University of Texas School of Law and a Senior Fellow at the Abundance Institute, to discuss the current state of AI policy on the Hill. As one of the few members of Congress with a background in tech, Rep. Begich offers a unique perspective on this evolving regulatory question. The two also assess how Alaska may be a leader in developing AI infrastructure. Finally, Rep. Begich shares how he and his staff leverage AI to improve their own operations.

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: How to Use, Govern, and Lead on AI? Rep. Begich Points the Path Forward

This week, Scott sat down with his Lawfare colleagues Daniel Byman, Tyler McBrien, and Natalie Orpett to talk through aspects of the week’s biggest Iran-focused news stories, including:

 • “Situational Iran-y.” The world came into Tuesday evening fearing a major escalation in the ongoing U.S. and Israeli conflict with Iran. But instead, President Trump made a last-minute choice to accept a two-week ceasefire, conditional on the opening of the Strait of Hormuz—a condition that Iran indicated it was prepared to meet, kind of, so long as “open” means coordinating with its military forces (and paying) for safe transit. Is this the beginning of the end of the Iran conflict? And what does the shape of the ceasefire tell us about the conflict’s likely regional implications moving forward?
 • “Verbal Iran-y.” Tuesday’s breakthrough ceasefire agreement came after days of increasingly outlandish rhetoric by President Trump, including a threat earlier that day that “a whole civilization will die tonight” if his conditions were not met. What role did Trump’s threats play in the outcome? And what might the broader ramifications might be of the U.S. president issuing threats that would amount to war crimes (if not genocide) if actually followed up on?
 • “Dramatic Iran-y.” While Trump’s rhetoric was undoubtedly intended to communicate strength, it came from a place of increasing weakness. U.S. military operations in Iran were weeks away from a major statutory barrier, and efforts to secure needed supplemental funding are facing headwinds in Congress. Perhaps more importantly, the conflict has proven widely unpopular and devastating for the U.S. and broader global economy—two factors that weigh heavily on Trump and his congressional allies in an election year. What will this shift in the Iran conflict mean for Trump’s political future? Not to mention the legal and institutional arrangements that have allowed him to pursue so unorthodox a foreign policy in recent months?

In object lessons, Dan is not playing games when simulating the 1960 presidential election. Natalie is delighting in another kind of history with the masterful writing in Claire Messud’s “This Strange Eventful History.” Scott is revisiting a 2002 Donald Trump review of “Citizen Kane” that has a somewhat surprising ending. And Tyler is recommending that you watch as much Artemis II content as humanly possible.

Note: We’re taking a little break next week, but keep an eye out for our next episode on April 23!

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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Rational Security: The “Deeply Iran-ic” Edition

What does it look like when the government violates court orders in more than 350 separate immigration habeas cases?

On today’s episode, Lawfare Senior Editor Molly Roberts sits down with Lawfare Associate Editor Katherine Pompilio to discuss Lawfare’s new interactive tracker, which documents what is known about instances in which the Trump administration has failed to comply with federal court orders in immigration habeas corpus proceedings.

The two discuss why Lawfare built this tracker and why the project matters beyond any individual case, what the dataset reveals about a broader pattern of government non-compliance, the absence of institutional record-keeping, holding the government accountable, and more.

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: Katherine Pompilio on Tracking Government Non-Compliance in Habeas Corpus Cases

Lawfare Senior Editor Michael Feinberg sits down with human rights advocate Yaqiu Wang to discuss the role of emerging technologies in China’s surveillance and censorship apparatus.

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: Yaqiu Wang on Surveillance, Censorship, and Emerging Technologies in the PRC

Lawfare Senior Editor Michael Feinberg and Professor Arne Westad of Yale University, author of “The Coming Storm: Power, Conflict, and Warnings from History,” discuss 19th- and 20th-century power politics, the contemporary rise of China, and how the former can inform reactions to the latter.

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: Arne Westad on ‘The Coming Storm’

We're bringing you the second episode of Lawfare’s new narrative series, The Aftermath, which deals specifically with the early phases of the criminal investigation launched by the FBI, even as the perpetrators of the riot were heading home. The episode features interviews with former FBI and Justice Department official Chuck Rosenberg, New York Times reporter Katie Benner, and Seamus Hughes of the George Washington University Program on Extremism. The episode tells the story of how the investigation got started, the challenges investigators faced in a nationwide manhunt featuring thousands of suspects and perpetrators, and the internal struggle that had just taken place within the Justice Department itself.

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The Aftermath, Episode 2: Scattered to the Four Winds

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