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The Lawfare Podcast
Rational Security: The “Fast and the Furry-us” Edition
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This week on Rational Security, Alan, Quinta, and Scott got together to talk over the week’s big national security news, including:
- “Is Revanchism a Dish Best Served Cold?” Russia boosters seem to be feeling bullish for the first time in a long time. This week, its forces captured the strategic town of Avdiivka from Ukrainian forces, who have been weakened by bickering among their Western allies. And imprisoned Russian dissident Alexei Navalny met with a tragic and highly suspicious end, just as Western governments came together at the Munich Security Conference. Is Russia right to be feeling its oats at this moment?
- “Bibi Steps.” As Israel prepares to mount a controversial military operation against Rafah—the last refuge for many displaced civilians in Gaza—there are cracks between the government of Prime Minister Bibi Netanyahu and the Biden administration, who in recent weeks have shown an increased willingness to target settler violence in the West Bank with sanctions, impose some conditionality on U.S. security assistance, and turn to the U.N. Security Council for possible support for a “temporary ceasefire,” even over Israeli objections. Are these signs of a bigger divide to come? And what will the impact be on the trajectory of the Gaza conflict?
- “Won’t Somebody PLEASE Think of the Children?!” The Kids Online Safety Act (or KOSA) is back in somewhat modified form, promising to introduce new regulations into how our children engage with online platforms—this time with broad bipartisan support, including from the Biden administration. But will it actually help protect children online? Or only put vulnerable communities more at risk?
For object lessons, Alan recommended the Oscar-nominated Jeffrey Wright vehicle, American Fiction. Quinta endorsed “The Book of Love,” a spooky fantasy mystery and the debut novel by celebrated short story author Kelly Link. And Scott urged mid-Atlantic listeners to take their toddlers to Baltimore’s National Aquarium and spring for the wonderful family sunrise tour. Or for nature lovers not on the East Coast, check out the new podcast one-off Birds Are Cool, featuring Goat Rodeo’s own Cara Shillenn.
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Lawfare Daily: The Trials of the Trump Administration, April 10
01:31:54|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.
Lawfare Archive: Aram Gavoor on the Biden Administration’s AI National Security Memo
45:46|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.
Lawfare Archive: Election Anxieties and the U.S. Postal Service with Kevin Kosar and Anne Joseph O’Connell
54:31|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.
Scaling Laws: How to Use, Govern, and Lead on AI? Rep. Begich Points the Path Forward
46:55|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.
Rational Security: The “Deeply Iran-ic” Edition
01:22:24|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.
Lawfare Daily: Katherine Pompilio on Tracking Government Non-Compliance in Habeas Corpus Cases
30:51|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.
Lawfare Daily: Yaqiu Wang on Surveillance, Censorship, and Emerging Technologies in the PRC
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Lawfare Daily: Arne Westad on ‘The Coming Storm’
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Lawfare Daily: The Trials of the Trump Administration, April 3
01:38:08|In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Molly Roberts, Anna Bower, and Roger Parloff and Lawfare Associate Editor Katherine Pompilio to discuss Lawfare’s new database which is tracking the non-compliance with court orders by the government, Pam Bondi being fired as attorney general, legal challenges to President Trump’s new elections integrity executive order, 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.