The Lawfare Podcast

El Salvador’s President Nayib Bukele has made a lot of headlines recently in the United States for his partnership with the Trump administration. Bukele has helped enable President Trump’s scheme to remove supposed Venezuelan gang members from the U.S. under the Alien Enemies Act, housing these detainees in the notorious CECOT prison. In court, the Justice Department has claimed it has no ability to request that Bukele return these detainees to the United States, even after Bukele posed for photos next to Trump in the Oval Office.The use of CECOT is key to the Trump administration’s effort to paint migrants as dangerous criminals. But what is Bukele getting out of the scheme, and what do things look like from within El Salvador? To understand this, Lawfare Senior Editor Quinta Jurecic spoke with Noah Bullock, Executive Director of the Central American human rights organization Cristosal. Their conversation places CECOT in context of broader efforts by Bukele to consolidate his power and erode Salvadoran democracy. It also addresses Bukele’s ongoing crackdown on dissent in El Salvador over the last week—a crackdown that most recently included the sudden arrest on March 18 of Noah’s colleague Ruth López, who heads Cristosal’s anti-corruption work. 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 16, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Anna Bower, Quinta Jurecic, and Roger Parloff and Lawfare Legal Fellow James Pearce to discuss legal challenges against President Trump’s executive actions, including the Friday hearing in the Abrego Garcia litigation, the Supreme Court’s ruling in an Alien Enemies Act case, oral arguments at the Supreme Court over President Trump’s birthright citizenship executive order, and so much more.You can find information on legal challenges to Trump administration actions here.

From September 26, 2023: On August 21, the Human Rights Watch released a report detailing systematic abuses of Ethiopian migrants and asylum seekers at the Saudi Arabia-Yemen border. Researchers interviewed dozens of Ethiopian migrants and asylum seekers and found that Saudi border guards had used explosive weapons on them and shot migrants at close range.Lawfare’s Associate Editor of Communications Anna Hickey sat down with Joey Shea, a researcher in the Middle East and North Africa Division of Human Rights Watch who investigates human rights abuses in Saudi Arabia and the United Arab Emirates. They discussed the Human Rights Watch recent report, how the international community has responded so far, and the human rights record of Prince Mohammed bin Salman since he ascended the throne in 2015. 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 January 4, 2022: Government secrecy is pervasive when it comes to national security and foreign affairs, and it’s becoming more and more common for state and even local governments to invoke government secrecy rationales that in the past, only the president of the United States and the national intelligence community were able to claim. While some of the secrecy is no doubt necessary to ensure that police investigations aren't compromised and state and local officials are getting candid advice from their staff, government secrecy directly threatens government transparency and thus democratic accountability. Alan Rozenshtein spoke about these issues with Christina Koningisor, a law professor at the University of Utah and the author of “Secrecy Creep” a recently published article in the University of Pennsylvania Law Review, along with the Lawfare post summarizing her work.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.

For today’s episode, Lawfare General Counsel and Senior Editor Scott R. Anderson sat down with Contributing Editor Joel Braunold, the Managing Director of the S. Daniel Abraham Center for Middle East Peace, for the latest in their series of podcast conversations delving into the latest developments relating to the Israeli-Palestinian conflict and related regional issues.This time, they discussed the state of the Gaza conflict, what Trump’s recent trip to the Middle East says about his relationship with regional leaders, his dramatic moves on Syria sanctions, his administration’s increasingly direct role in hostage negotiations with Hamas, and what it all means for the stability of Israel’s current government—among many, many other issues.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 his Lawfare colleagues Natalie Orpett, Tyler McBrien, and Daniel Byman to talk through the week’s big national security news, including:“Borderline Behavior.” A major flare-up over the disputed region of Kashmir took place this past week, leading to a major exchange of hostilities between the nuclear powers of India and Pakistan before they agreed to a U.S.-brokered ceasefire—one that is mostly holding, despite alleged violations on both sides. How durable a resolution does this seem likely to be? And what additional steps need to be taken to preserve peace?“Parting Ways.” President Trump announced a major change to U.S. policies in the Red Sea this week, in the form of a ceasefire with the Yemeni armed group and de facto government Ansar Allah (also known as the Houthis), in which they would cease attacks on U.S. shipping. But the credibility of this commitment is in doubt, as are the implications of U.S. actions for shipping through the Red Sea more broadly. What should we make of this major policy shift? “First Class Problems.” President Trump announced this week that he would be accepting the gift of a luxury jet from the government of Qatar for use as Air Force One during his presidency, which would then be transferred to his foundation shortly before he leaves office in 2029. How big a problem is this? And how can he accept this gift, given that the Constitution’s Foreign Emoluments Clause prohibits “accept[ing]...any present…of any kind whatever, from any King, Prince, or foreign State”?In Object Lessons, Tyler delighted in the Financial Times’s trolling of its own “Lunch with the FT,” in which Sam Altman’s kitchen and gross misuse of olive oil becomes a bizarre metaphor for OpenAI. Natalie delighted in some hometown, Pope-town pride (and some Lou Malnati's pizza). Scott delighted in discovering both Dolcezza and their affogato with decaf espresso, a dessert for those who crave flavor and excitement but who also like sleep. And Dan, in utterly failing his wife, delighted in reaping the benefits of her Mother’s Day gift: a little contraption that sits somewhere between wellness hack and medieval torture rack.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.

For today's episode, Lawfare Foreign Policy Editor Daniel Byman talked with Evan Braden Montgomery and Toshi Yoshihara, both Senior Fellows at the Center for Strategic and Budgetary Assessments, to discuss their recent Lawfare article, "Beijing's Changing Invasion Calculus: How China Might Put Taiwan in its Crosshairs." Together they discuss how China might use a blockade, subversion, and nuclear threats to intimidate Taiwan, the United States, and key regional states like Japan. They also discuss how Taipei and Washington might change their approach to reduce the risk of Taiwanese coercion.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.

Cullen O’Keefe, Research Director at the Institute for Law and AI, joins Kevin Frazier, AI Innovation and Law Fellow at Texas Law and a Contributing Editor at Lawfare, and Renée DiResta, Associate Research Professor at the McCourt School of Public Policy at Georgetown and a Contributing Editor at Lawfare, to discuss a novel AI governance framework. They dive into a paper he co-authored on the concept of "Law-Following AI" or LFAI. That paper explores a near-term future. Imagine AI systems capable of tackling complex computer-based tasks with expert human-level skill. The potential for economic growth, scientific discovery, and improving public services is immense. But how do we ensure these powerful tools operate safely and align with our societal values? That’s the question at the core of Cullen’s paper and this podcast.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.

Donald Trump was confident he could end Russia’s war in Ukraine in a matter of days or weeks. It’s now been more than three months since Trump’s reelection, and even a short-term ceasefire between Ukraine and Russia remains elusive.Why did Trump fail? And what can really force Russia to stop the war? To answer these and many other questions, Lawfare’s Ukraine Fellow Anastasiia Lapatina spoke with prominent Ukrainian analyst Mykola Bielieskov, who is a Research Fellow at the National Institute for Strategic Studies and a Senior Analyst at the Come Back Alive Foundation.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.