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How to Fix the Insurrection Act
For much of its history, the United States has had a single law on the books that governs when the president can deploy the military to enforce federal law within the United States: the Insurrection Act. While the act hasn't been invoked in decades, it played an important role in several recent controversies, including the acts of Jan. 6. Now, some scholars have written the Jan. 6 commission, urging that it be included in the broader set of reforms that committee is reportedly getting ready to endorse.
To learn more, Lawfare senior editor Scott R. Anderson sat down with the two authors of the recent submission to the committee: Liza Goitein, senior director of the Liberty & National Security Program at the Brennan Center for Justice, and her colleague Joseph Nunn, counsel at the same program. They discussed the history of the Insurrection Act, what they think makes it dangerous, and how Congress should try to fix it.
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Lawfare Daily: Trump’s New Global Tariffs and the Court Fights to Come, with Peter Harrell and Jennifer Hillman
01:02:49|For today’s episode, Lawfare General Counsel and Senior Editor Scott R. Anderson sat down with Lawfare Contributing Editor Peter Harrell, who was previously Senior Director for International Economics on the National Security Council, and Professor Jennifer Hillman of the Georgetown University Law Center, a former member of the WTO’s appellate body and senior U.S. trade official, to discuss the new global tariffs that President Trump imposed last week and the legal fight that is beginning to emerge over them.Together, they discussed how dramatic a break the Trump administration’s policies are from past practice, the logic behind them (or lack thereof), and whether his use of the International Emergency Economic Powers Act (IEEPA) to impose them will really survive judicial scrutiny.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.Lawfare Daily: The Trials of the Trump Administration, April 6
01:25:13|In a live conversation on April 4, Lawfare Senior Editor Scott R. Anderson sat down with Lawfare Senior Editors Anna Bower and Roger Parloff, Lawfare Legal Fellow James Pearce, and Georgetown professor Steve Vladeck to discuss the status of the civil litigation against President Trump’s executive actions, including the deportation of individuals to an El Salvador prison, the federal funding freeze, the targeting of law firms, and more.Lawfare Archive: Government Use of Open-Source Information
56:22|From January 26, 2024: In front of a live audience at the Knight Foundation's INFORMED conference in Miami, Florida, Lawfare Editor-in-Chief Benjamin Wittes spoke with Hon. Kenneth L. Wainstein, Under Secretary for Intelligence and Analysis at the Department of Homeland Security; Jameel Jaffer, Executive Director of the Knight First Amendment Institute at Columbia University; and Lawfare Senior Editor Quinta Jurecic about government surveillance of open source social media.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.Lawfare Archive: Weaponizing the Dollar with Saleha Mohsin
54:04|From March 20, 2024: Since World War II, the United States and its currency, the dollar, have come to play a central role in the broader global economy. And in recent decades, policymakers have used this role as a weapon, cutting off access to malign actors and punishing those who act contrary to U.S. national security interests. But cultivating such primacy has proven to be a double-edged sword, with more complicated ramifications for many Americans. In her new book “Paper Soldiers: How the Weaponization of the Dollar Changed the World Order,” Bloomberg reporter Saleha Mohsin digs into the history of the dollar’s role in the global economy and what its increasing weaponization may mean moving forward. Lawfare Senior Editor Scott R. Anderson recently joined Mohsin to discuss her new book and what we should all know about the new economic and political moment we are living through. 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.Lawfare Daily: Hillary Hartley and David Eaves on 18F, Its Origin, Legacy, and Lesson
42:10|Hillary Hartley, the former Chief Digital Officer of Ontario and former Co-Founder and Deputy Executive Director at 18F, and David Eaves, Associate Professor of Digital Government and Co-Deputy Director of the Institute for Innovation and Public Purpose at University College London, join Kevin Frazier, AI Innovation and Law Fellow at Texas Law and Contributing Editor at Lawfare, to discuss the recent closure of 18F, a digital unit within the GSA focused on updating and enhancing government technological systems and public-facing digital services. Hillary and David also published a recent Lawfare article on this topic, “Learning from the Legacy of 18F.”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.Lawfare Daily: Escalation, Episode One: Chicken Kyiv
38:36|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.Rational Security: The “Space Base Oddity” Edition
01:14:40|This week, Scott joined his Lawfare colleagues Natalie Orpett and Eric Ciaramella to talk through the week’s big national security news, including:“In Mother Russia, Sometimes Bear Poke You.” Discussions over a possible broader ceasefire in Ukraine—beyond the temporary (and limited) energy and Black Sea ceasefire agreements last week—appear to have ground to a halt over Russian demands. Many observers suspect this is simply a stalling technique by Russian President Vladimir Putin, as Russia prepares for another offensive intended to improve his negotiating leverage. President Trump, meanwhile, in a rare swipe at the Russian dictator, has said he’s “pissed off.” But will Trump bring leverage to bear enough for Putin to budge? Or are the ceasefire negotiations like to stay stuck in the mud—and, if so, will Trump know who to blame?“Nuukin’ Futs.” Vice President J.D. Vance visited the northernmost U.S. military base in Greenland last week and delivered a speech in front of U.S. service members that accused Denmark of neglecting its Greenland protectorate and failing to adequately protect it from China and Russia—shortcomings that, in his telling, justify President Trump’s stated intent to gain U.S. control over the island nation. Is there any truth to Vance’s allegations? And will his remarks help or hurt the Trump administration’s purported objective of securing Greenland and improving U.S. access to its various resources? “Third Term’s the Charm.” In an interview this week, President Trump insisted to reporters that he was serious about potentially pursuing a third term and suggested that there were “methods” by which he could do so, in spite of the 22nd Amendment’s two-term limitation on presidents. How seriously should we take his threat? Are there arguments that could carry water — and will it matter?In object lessons, Natalie—tire-d of DC traffic—“spoke” highly of her beloved ebike. Scott, flying solo in NYC, curled up with his Kindle at Amor y Amargo, contemplating the question: how many Amaros does it take to make the perfect Sazerac? And Eric praised “Language City: The Fight to Preserve Endangered Mother Tongues in New York,” by Ross Perlin—a fascinating portrait of linguistic diversity and the fight to preserve it.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.Lawfare Daily: Why Public Health is Critical to National Security
55:47|Atul Gawande is a surgeon and a public health expert. He's also the former head of global health at the U.S. Agency for International Development (USAID), an agency that the Trump administration has prioritized for dismantling since its first day in office. On today's episode, Executive Editor Natalie Orpett sat down with Gawande to discuss what USAID does, the consequences of destroying it, and why public health is so important to U.S. national security.Editor's Note: This episode was recorded on March 27, 2025. The following day, the Trump administration announced that USAID would be dissolved by the end of this fiscal year. 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.Lawfare Daily: Adam Thierer on the AI Regulatory Landscape
38:03|Adam Thierer, Senior Fellow for the Technology & Innovation team at R Street, joins Kevin Frazier, the AI Innovation and Law Fellow at the UT Austin School of Law and a Contributing Editor at Lawfare, to review public comments submitted in response to the Office of Science and Technology Policy’s Request for Information on the AI Action Plan. The pair summarize their own comments and explore those submitted by major labs and civil society organizations. They also dive into recent developments in the AI regulatory landscape, including a major veto by Governor Youngkin in Virginia.Readings discussed:Kevin on Vance’s America First, America Only Approach to AIKeegan and Adam on AI Safety Treatises Kevin on Proposed Firings at NISTDean and Alan on PreemptionTo 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.