The Lawfare Podcast

Eugenia Lostri, Senior Editor at Lawfare, sat down with Jonathan Horowitz, Deputy Head of the Legal Department to the ICRC’s Delegation for the United States and Canada, to discuss his recent article, “The Business of Battle: The Role of Private Tech in Conflict.” They talked about how international humanitarian law principles can affect the private digital sector, the risks that tech companies can face when they provide services to a party in an armed conflict, and what they should do to minimize those risks. 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/c/trumptrials.

As the U.S. tries to come to grips with a resurgence of political violence in recent years, it's instructive to look at how the norm against political violence eroded during the late Roman Republic and contributed to ultimately autocratic rule.Catherine Steel, Professor of Classics at the University of Glasgow, specializes in the political history of the Roman Republic and its institutional structures and has written books and articles about the period. She joined David Priess to discuss her path from studying Cicero to researching and teaching the politics and history of ancient Rome, the core political features of the Republic, the concept of tribunal sacrosanctity, the challenges of dealing with primary sources on ancient Rome, how political violence flared in 133 BCE around Tiberius Gracchus, the political violence 12 years later around his brother Gaius Gracchus, the 20 years of off-and-on political violence around Marius and Sulla, the intent and effects of Sulla's constitution, the lead-up to Julius Caesar, Roman citizens' awareness of changes in the Republic, implications for today, and more.Works mentioned in this episode:The Storm Before the Storm by Mike DuncanMortal Republic by Edward J. WattsThe End of the Roman Republic, 146 to 44 BC, by Catherine Steel"The Roman Senate and the Post-Sullan res publica," Historia (Journal of Ancient History) 63:3 (2014) by Catherine SteelRoman Republics by Harriet FlowerThe Art of Forgetting by Harriet FlowerAncestor Masks and Aristocratic Power in Roman Culture by Harriet FlowerChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.

Jack Goldsmith sits down with Keith Whittington, David Boies Professor of Law at Yale Law School, to discuss his new book, “The Impeachment Power: The Law, Politics, and Purpose of an Extraordinary Constitutional Tool.” They discuss what the Constitution says about the impeachment power, how we should think about high crimes and misdemeanors, why impeachment shows that Congress is the preeminent branch of government, and the goals and values of impeachment. They also discuss the abuse of the impeachment power given current politics and what can be done about it, as well as whether Trump should have been convicted and disqualified in the second impeachment.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/c/trumptrials.

From February 10, 2018: In his recent New York Times bestseller “Trumpocracy: The Corruption of the American Republic,” David Frum, senior editor of The Atlantic, lays out a compelling account of how President Donald Trump’s tendencies could push the United States toward the illiberalism that many Americans believe the republican system of government to be immune to. In an event on Feb. 7 at the Brookings Institution, Frum sat down with Jonathan Rauch, Elaine Kamarck, and Lawfare’s Benjamin Wittes for a conversation and Q&A on the book and Trump’s threats to democracy.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/c/trumptrials.

From November 12, 2016: This week, the Lawfare Podcast brings you a joint episode of the show together with Rational Security. The usual Rational Security gang—Shane, Ben, Tamara, and Susan—reflect on the results of the election and ask: What national security themes drove Donald Trump's supporters? What challenges does Trump face forming a government? And how will America’s allies react to his 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/c/trumptrials.

Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editors Molly Reynolds and Quinta Jurecic to discuss how Congress may change given the results of the 2024 election, what congressional oversight might look like during President-elect Donald Trump’s second term, how Congress will work with Trump’s administration, and more in a live recording on Lawfare’s YouTube channel.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/c/trumptrials.

Today, Lawfare General Counsel and Senior Editor Scott R. Anderson and Lawfare Contributing Editor Brandon Van Grack sat down with Devin DeBacker, the Chief of the Foreign Investment Review Section at the U.S. Department of Justice, to talk about the new program his office is setting up regulating foreign transactions involving bulk data on Americans.Together, they discussed the contours of the new regulatory program, what sorts of exploitation of Americans’ data it aims to prevent, and how it intersects with other steps Congress has taken, including the recent Protecting Americans’ Data from Foreign Adversaries Act.This episode is part of our special series, “The Regulators,” co-sponsored with Morrison Foerster, in which Brandon and Scott sit down with senior U.S. officials working at the front lines of U.S. national security and economic statecraft.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/c/trumptrials.

This episode of “Lawfare Live: Trump’s Trials and Tribulations,” was recorded on November 7 in front of a live audience on YouTube and Zoom.Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Senior Editors Scott R. Anderson, Anna Bower, and Roger Parloff about how Donald Trump winning the 2024 presidential election will impact the criminal cases against him, his ability to pardon himself and his co-defendants, and more.

On Tuesday, November 5, former President Trump won the 2024 presidential election, becoming the second president to win a non-consecutive second term. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editors Alan Rozenshtein, Scott R. Anderson, Anna Bower, and Quinta Jurecic to discuss what happens now. They talk about what a second Trump administration may bring and what to keep an eye out for during the transition in a live recording on Lawfare’s YouTube channel.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/c/trumptrials.