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This week, Scott sat down with his Lawfare teammates Tyler McBrien and Nastya Lapatina and Lawfare friend Joel Braunold, Managing Director of the S. Daniel Abraham Center for Middle East Peace, to talk over the week's big national security news stories, including:
“Mi Gaza Es Su Gaza.” President Donald Trump shocked the world last week when, in a joint press briefing with Israeli Prime Minister Benjamin Netanyahu, he announced plans for the United States to “own” Gaza, take responsibility for reconstructing it, and ultimately renovate it into a “Riviera” on the Eastern Mediterranean—one, he later made clear, that Palestinians would no longer be allowed to live in. What of this plan is serious and what is bluster? And what impact will it have on the broader Israeli-Palestinian conflict, including the delicate ceasefire that Trump’s emissary worked so hard to secure just weeks ago in Gaza?“Bullets for Bauxite.” President Trump recently reiterated his desire for a quick end to the conflict in Ukraine, a topic on which senior Trump administration and Ukrainian officials will be talking soon. But peace will come at a price—in this case, a deal guaranteeing U.S. access to Ukraine’s rare earth minerals, among other concessions. Is Trump’s timeline realistic? And how is his administration’s “America First” tack likely to impact the trajectory of the conflict?“Quid Pro Whoa.” Acting Deputy Attorney General Emil Bove took the exceptional step this week of directing the U.S. Attorney’s Office for the Southern District of New York to dismiss corruption charges—arising from alleged improper contributions and relationships with foreign government officials, including from Turkey—against New York Mayor Eric Adams so that Adams could focus his energy combating high crime and unlawful immigration. What should we make of such a clear quid pro quo? And what might it mean for the Justice Department moving forward?For object lessons, Tyler and Nastya plugged Lawfare's next big long-form audio documentary series, which they co-host and is set to debut later this month: Escalation, a podcast about the war in Ukraine. Scott recommended an incredibly touching piece in the New York Times about faith, parenthood, and reconciling the two, entitled "How My Dad Reconciled His God with His Gay Son," by Timothy White. And in honor of the man's Super Bowl victory, Joel shared one of his favorite quotes from Philadelphia Eagles quarterback Jalen Hurts, which has particular resonance with the peacebuilding community he works in: "I had a purpose before anybody had an opinion."
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Jack Goldsmith, the Learned Hand Professor at Harvard Law School and co-founder of Lawfare, joins Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare, to talk about his recent Lawfare article discussing last year's Supreme Court decision in Trump v. United States and its implications for executive power. They discuss how the ruling extends beyond presidential immunity, the broader shift toward a maximalist theory of executive authority, and what this means for the future of American democracy.
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Saknas det avsnitt?
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Chris Miller, a professor at the Fletcher School at Tufts University and Nonresident Senior Fellow at the American Enterprise Institute, and Marshall Kosloff, Senior Fellow at the Niskanen Center and co-host of the Realignment Podcast, join Kevin Frazier, a Contributing Editor at Lawfare and adjunct professor at Delaware Law, and Alan Rozenshtein, Senior Editor at Lawfare and associate professor of law at the University of Minnesota, to discuss AI, supply chains, and the Abundance Agenda.
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In a live conversation on February 7, Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Senior Editors Anna Bower, Quinta Jurecic, and Roger Parloff about the lawsuits against executive actions by President Trump and his administration, including the actions by DOGE to gain access to executive agencies, the attempt to dissolve USAID, the attempt to produce a list and potentially fire FBI agent and employees who were involved with the Jan. 6 investigations, and more.
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From August 22, 2023: In 2003, President Bush created the President’s Emergency Plan for AIDS Relief, or PEPFAR, and in the twenty years since, the program has been credited with saving over 25 million lives and stabilizing health systems around the world. On Sept. 30, 2023, the program will expire if Congress doesn’t act, putting millions of people at risk of losing access to HIV/AIDS treatment.
Lawfare Associate Editor of Communications Anna Hickey sat down with Emily Bass, a writer and activist who has spent more than twenty years writing about and working on HIV/AIDS. In 2021, she wrote “To End a Plague,” a book on America's war on AIDS in Africa. They discussed how PEPFAR has changed over the past 2 decades, why it is at risk of expiring this fall, and what the expiration would mean for the millions of people who depend on it.
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From August 31, 2020: Earlier this month, the Trump administration re-imposed tariffs on aluminum imports from Canada, signaling a new salvo in the now years-long trade war it has been waging with countless U.S. trading partners. But what gives the president the authority to pursue such measures unilaterally, even when he lacks support from members of his own party in Congress? To talk through this question, Scott R. Anderson sat down with Kathleen Claussen of the University of Miami School of Law and Timothy Meyer of Vanderbilt Law School. They discussed the scope of the president's authority over trade, where it came from and what a future Congress might be able to do about it.
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On today’s podcast, Lawfare Associate Editor for Communications Anna Hickey spoke to Nayna Gupta, Director of Policy at the American Immigration Council, about the Laken Riley Act, the first piece of legislation signed by President Trump in his second term, its start as a messaging bill in the last Congress, and its impact on the immigration detention system.
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Lawfare Foreign Policy Editor and Georgetown professor Daniel Byman sits down with Holly Berkley Fletcher, a former Senior Africa Analyst at the Central Intelligence Agency, to discuss the complex and tragic situation in Sudan and her recent Lawfare article on the subject, “The Sudan War and the Limits of American Power.” They talk about the initial hope following the overthrow of Omar al-Bashir in 2019, the subsequent military conflicts in Sudan, the country’s humanitarian crisis, the role of regional powers, and the challenges faced by civilians and the international community in addressing the ongoing violence and suffering.
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This week, Scott sat down with his Lawfare colleagues Benjamin Wittes, Molly Reynolds, and Anna Bower to talk through another big week of national security news, including:
“Checked Out and Off Balance.” Over its first two weeks in office, the Trump administration has pushed against the traditional limits of congressional authority by unlawfully impounding funds, terminating federal employees contrary to statute, and seeking to dismantle at least one federal agency contrary to statute. But the Republican-controlled Congress has thus far remained almost entirely complacent, if not supportive of the president’s actions. How far will the Trump administration be able to go? And what will the long-term consequences be for the separation of powers?“Jus Soli? Jus Kidding.’” As one of his first acts after returning to the White House, Donald Trump issued an executive order refusing to recognize birthright citizenship in the United States for anyone whose parents are not citizens or lawful permanent residents. All told, it seems like a clear effort to trigger a review of the traditional understanding of the 14th Amendment as implementing jus soli, meaning citizenship based on place of birth. But how likely is it to work?“Fo’ Drizz(coll).” The Trump administration’s promised campaign of retribution has hit the Justice Department, where senior supervisors have been reassigned and prosecutors involved in the Jan. 6 investigations have been terminated, perhaps unlawfully. But now efforts to gather the names of FBI agents involved in those same investigations for presumed retribution are facing serious pushback, including from the Bureau’s Acting Director Brian Driscoll (known as “the Drizz”). How hard can the FBI and Justice Department push back? And where are the legal limits on what the Trump administration can do?In object lessons, Molly chose not to gamble and stayed on-brand with her recommendation of local-NPR-affiliate podcast Scratch & Win. Ben asked himself the question that many at the FBI are asking themselves these days: “WWDD?” Scott followed the sentiment with an endorsement of “Civil servants shouldn’t quit their jobs,” by Matthew Yglesias. And Anna insisted that her reverence of the TV show Severance has absolutely nothing—really, nothing—to do with belly buttons.
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On Jan. 28, the Office of Personnel Management (OPM) sent out an email offering a “deferred resignation program” to over 2 million federal employees, encouraging them to resign effective Sept. 30. The offer is only open until Feb. 6—and in the intervening days since OPM announced the program, federal employees have received a blizzard of followup emails offering confusing and rapidly changing information.
Writing in Lawfare, Nick Bednar has examined the OPM offer and raised questions about whether federal employees who take this option will be able to seek legal recourse if their contract is not paid out. On the podcast, Bednar, an associate professor of law at the University of Minnesota, joined Lawfare Senior Editor Quinta Jurecic to walk through the many legal issues raised by the program and how federal employees are handling this period of uncertainty.
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Today’s episode is a recording of Feb. 3 livestream that Senior Editor Scott R. Anderson hosted with George Ingram and Tony Pipa, both Senior Fellows in Global Economy and Development at the Brookings Institution, and Jonathan Katz, Senior Director of the Anti-Corruption, Democracy, and Security project also at Brookings—all three of whom are also alumni of the U.S. Agency for International Development (USAID). Among other topics, they discussed the USAID’s tumultuous experience over the first two weeks of the Trump administration, the serious consequences of the sudden freeze President Trump installed on U.S. foreign assistance, the sudden removal of hundreds of USAID personnel, and rumors that USAID is set to be subsumed into the U.S. Department of State.
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Nema Milaninia, a former prosecutor at the International Criminal Court and International Criminal Tribunal for the Former Yugoslavia and a current partner at the law firm King & Spalding, joins Lawfare Managing Editor Tyler McBrien to discuss legislation in the U.S. Congress and recent executive actions taken by the Trump administration to, once again, sanction the International Criminal Court.
Milaninia discusses what is motivating the most recent sanctions campaign, broke down the many criticisms—some legitimate, some less so—against the Court, and explained why sanctions, which are typically reserved for criminal organizations, would benefit no one. He also speaks about how, despite the ICC's best efforts to insulate itself, sanctions pose an existential threat to the institution.
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From May 9, 2022: Many individuals seeking asylum or other forms of immigration relief in the U.S. are subject to a program run by Immigration Customs Enforcement, or ICE, called the Intensive Supervision Appearance Program, which uses various kinds of tracking technologies as a way of keeping tabs on individuals who are not detained in ICE custody.
Stephanie Pell sat down with Sejal Zota, legal director of Just Futures Law, to talk about this program and the kinds of tracking technologies it employees. They discussed what is publicly known about these technologies, the privacy concerns associated with them, as well as some of the harms experienced by individuals who are subjected to the surveillance. Not withstanding these concerns, they also discussed whether the Intensive Supervision Appearance Program is a reasonable alternative to ICE detention, considering ICE’s need to keep track of individuals who are both seeking immigration relief and who may be ordered removed from the U.S. if that relief is not granted.
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In a live conversation on January 30, Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Senior Editors Anna Bower, Quinta Jurecic, and Roger Parloff and contributing editor Renee DiResta about the confirmation hearings of Kash Patel to be FBI director, Tulsi Gabbard to be the director of national intelligence, and Robert F. Kennedy to be the health and human services secretary.
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For today’s episode, Lawfare General Counsel and Senior Editor Scott R. Anderson sat down with Chris Mirasola, an assistant professor at the University of Houston Law Center and former Defense Department lawyer, to talk through the ways that the Trump administration is using the military to enforce its new immigration policies.
They discussed the steps the Trump administration has taken thus far, from transporting migrants on military flights to threatening to send them to Guantanamo Bay; the legal theories that the Trump administration is putting out there that might justify other, broader uses of the military; additional steps we should expect the administration to pursue in the near future; and what it all might mean for the rule of law and civil-military relations in our country.
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This week, the Office of Management and Budget announced a breathtakingly broad freeze on federal funds—before scrambling to clarify that freeze and seemingly rolling it back only two days later. The crisis touches on profound questions about the congressional power of the purse and limitations on presidential power under the Impoundment Control Act. To explain what’s going on, Lawfare Senior Editor Quinta Jurecic spoke with Eloise Pasachoff, a professor at Georgetown Law School, and Zachary Price of the University of California College of Law San Francisco.
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This week, Scott was joined by his colleagues Kevin and Eugenia—in what is sadly her last episode before leaving Lawfare—as well as special guest Peter Harrell for a deep dive into the week’s national security news, including:
“Tariff or Takeoff.” The Trump administration got into what is arguably its first major international spat this week when Colombia’s refusal to accept a U.S. military flight returning migrants to that country led President Trump to threaten an array of punitive measures, from visa cut-offs to sanctions and tariffs. After Colombian President Gustavo Petro backed down, the White House was quick to claim victory. But how sustainable is Trump’s strategy? And is it really the route to restoring respect for the United States that the White House claims it is?“Talk to Me When They Get To ‘Project: The Fifth Element.’” Last week, the Trump administration announced Project Stargate—an initiative not to revive ‘90s sci-fi classics, but to instead make a massive investment in the U.S. development of artificial intelligence and related technologies. But a few days later, an announcement by Chinese AI platform DeepSeek indicating it had reached comparable results at a lower cost triggered a sudden decline in the value of AI-related stocks. What do these developments tell us about the competitive dynamics surrounding AI? And how should the United States be navigating them?“A Friend in Need is a Friend Shit Out of Luck.” The Trump administration has issued an across-the-board freeze of U.S. foreign assistance programs for 90 days as it reviews them for consistency with the administration’s vision of “America First” foreign policy. But what ramifications will this pause really have for U.S. foreign policy and beyond?For object lessons, Kevin plugged the Seattle University School of Law’s Technology, Innovation Law, and Ethics Program. Eugenia got back to her roots in recommending the indie RPG video game Wildermyth, which follows a troupe of fantasy heroes from modest origins through their sunset years. Scott out-nerded Eugenia by recommending a pen-and-paper indie RPG, the physically gorgeous Thousand Year Old Vampire. And Peter kept it professional by recommending Arthur Herman’s book “Freedom’s Forge” as a case study on U.S. industrial policy that may have lessons for our current historical moment.
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Peter Hyun, then-Acting Chief of the Enforcement Bureau at the Federal Communications Commission, discusses with Lawfare Contributing Editor Justin Sherman the FCC’s data security and cybersecurity enforcement authorities and how those authorities fit into addressing national security threats to the communications supply chain. He covers some recent enforcement actions and issues in this area, ranging from the FCC’s data breach notification rule to submarine cables to rip-and-replace efforts targeting Chinese telecom components, and he offers predictions for how technology supply chains, national security risks, and entanglement with China may evolve in the years to come.
Note: Peter Hyun was in his position at the FCC at the time of recording and is now no longer with the Commission following the change in administration.
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In today’s episode, Lawfare Senior Editor Alan Z. Rozenshtein speaks with his University of Minnesota Law colleague, Nick Bednar, about the wave of Day 1 executive orders affecting the civil service. Bednar recently analyzed these orders in a piece for Lawfare. They discuss what the orders say, how they might be challenged in court, and what this means for the next four years and beyond.
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In a live conversation on January 23, Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Senior Editors Scott R. Anderson, Anna Bower, Quinta Jurecic, and Alan Rozenshtein and assistant law professor at Pace University Amelia Wilson about the first batch of executive orders by President Trump in his second term, including suspending enforcement of the TikTok ban, the use of the military at the border, the birthright citizenship order, and the legal challenges some of these orders are facing.
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- Visa fler
