The Lawfare Podcast

Today, it’s Episode Four of Escalation, our latest narrative series co-hosted by Lawfare Managing Editor Tyler McBrien and Ukraine Fellow Anastasiia Lapatina. Throughout the show, Nastya and Tyler trace the history of U.S.-Ukrainian relations from the time of Ukrainian independence through the present. You can listen to Escalation in its entirety, as well as our other narrative series, on our Lawfare Presents channel, wherever you get your podcasts.Episode Four explores the interconnected stories of a dirty presidential campaign, an assassination attempt, and a revolution, all of which preceded the 2008 NATO summit, in which the United States and European allies concoct a high-risk plan to protect Ukraine going forward.

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.

In a live conversation on May 30, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Anna Bower, Scott Anderson, and Roger Parloff to discuss legal challenges against President Trump’s executive actions, including two court rulings finding President Trump’s IEEPA tariffs to be unlawful, the government’s appeal of those rulings, the Supreme Court allowing Trump to end humanitarian status for 500,000 migrants, updates in CREW’s Freedom of Information Act lawsuit against DOGE, 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 here and new Bluesky account here.

From May 21, 2024: Across the country, state lawmakers are joining the effort to address the perceived national security threat from China by passing a number of measures attempting to curb Chinese influences in their states. One such effort in Florida prevents Chinese citizens from owning property in the state. Lawfare’s Associate Editor Hyemin Han spoke with Matthew Erie, Associate Professor at the University of Oxford, about what makes the Florida law and the ongoing litigation challenging it particularly notable, the state of property rights challenges against Chinese citizens across the U.S., the tension between state and federal oversight of national security issues, and how this fits into the growing economic battles between the U.S. and China.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.

From May 23, 2024: For today’s episode, Lawfare Senior Editor Scott R. Anderson sat down with Chimène Keitner, a Professor of Law at UC Davis School of Law and former Counselor on International Law at the U.S. Department of State, to discuss the recent applications for arrest warrants filed by the prosecutor for the International Criminal Court (ICC), accusing several senior Hamas leaders as well as Israeli Prime Minister Benjamin Netanyahu and Minister of Defense Yoav Gallant of crimes against humanity and war crimes in Gaza. They discussed the nature of the allegations, how the ICC has come to exercise jurisdiction over the Gaza conflict, and what impact this recent action may have on the broader conflict. 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.

Josh Batson, a research scientist at Anthropic, joins Kevin Frazier, AI Innovation and Law Fellow at the Texas Law and Senior Editor at Lawfare, to break down two research papers—“Mapping the Mind of a Large Language Model” and “Tracing the thoughts of a large language model”—that uncovered some important insights about how advanced generative AI models work. The two discuss those findings as well as the broader significance of interpretability and explainability research.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.

Today, it’s Episode 3 of Escalation, our latest narrative series co-hosted by Lawfare Managing Editor Tyler McBrien and Ukraine Fellow Anastasiia Lapatina. Throughout the show, Nastya and Tyler trace the history of U.S.-Ukrainian relations from the time of Ukrainian independence through the present. You can listen to Escalation in its entirety, as well as our other narrative series, on our Lawfare Presents channel, wherever you get your podcasts.Episode 3 picks up the story in the late 90s, as Russia reverts back to its corrupt, authoritarian ways, and Ukraine begins to slide backward with it. In Ukraine, that corruption will lead to a gruesome murder and cover-up, while in Russia, it will destroy any hopes for an emerging democracy. 

Lawfare’s Ukraine Fellow Anastasiia Lapatina sits down with Minna Ålander, an Associate Fellow at the Chatham House Europe Programme, to discuss Russia's buildup of military infrastructure along its borders with NATO member countries, particularly along the Finnish border, and what European countries are doing to prepare for a potential clash with Russia. They also talk through Finland’s history with Russia and its security capabilities, especially in light of Russia’s actions in Ukraine, the integration of Finland and Sweden into NATO, potential scenarios of Russian aggression, and the critical role of the U.S. in NATO's security framework.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.

This week, Scott sat down with the AI-oriented Lawfare Senior Editors Alan Rozenshtein and Kevin Frazier to talk through the week’s top AI-focused news stories, including:“Oh Sure, Now He’s Into Free Trade.” President Trump has repealed the Biden administration’s rule setting strict limits on the diffusion of high-end AI technology, opening the door to the global transfer of the technologies powering U.S. AI development, including advanced chipsets. And we’re already seeing results of that policy in a recent deal the president signed with the UAE that would work toward the transfer of advanced semiconductors. How should AI diffusion fit into the broader global strategy surrounding the AI industry in the United States? And what approach does the Trump administration seem inclined to take?“Paving Over the Playing Field.” House Republicans recently included a provision in a House bill that would have preempted state efforts to legislate on and regulate the AI industry for a decade. Is this sort of federal preemption a prudent step given the broader competitive dynamics with China? Or does it go too far in insulating AI companies and users from accountability for their actions, particularly where they put the public interest and safety at risk?“Speechless.” A federal district court in Florida has issued a notable opinion of first impression in a tragic case involving a teenager who committed suicide, allegedly as a result of encouragement from an AI bot powered by the company character.ai. Among other holdings, the judge concluded that the AI’s output was not itself protected speech. Is this holding correct? And what impact will it have on the development of the AI industry?In Object Lessons, the AI Guys went surprisingly analog. Alan recommended some good, ol’ fashioned, 19th-century imperial espionage with “The Great Game,” by Peter Hopkirk. Kevin, meanwhile, is keeping an eye on a different kind of game: the NCAA Division I Baseball Championship, in which he’s throwing up some Hook 'em Horns for Texas. And Scott is trying to “Economize” his time with The Economist’s Espresso app, a quick, curated read that fits neatly into a busy morning.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.