The Lawfare Podcast

This week on Rational Security, Alan, Quinta, and Scott were joined by the long absent Lawfare Executive Editor Natalie Orpett to talk through the week’s big national security news stories, including:“Next Fear in Jerusalem.” This week, Israel’s Knesset voted to abolish the “reasonableness doctrine” that had allowed its courts to review administrative decisions by the executive branch—a revolutionary move that triggered unprecedented protest around the country and a wave of resignations throughout the armed forces and other corners of the country. What is the significance of this change? And what does it mean for the future of Israeli democracy?“Rio Grandstanding.” The Biden administration sued the state of Texas this week for installing barriers across the Rio Grande river, purportedly to stymie the flow of unlawful immigration. Texas, meanwhile, maintains that it has the right to take these measures as part of its sovereign authority as a state. Who has the better of these arguments, and what does it tell us about the state of the law and politics surrounding immigration in the United States?“Gone Fishing.” Despite months of revelations regarding ethical shortcomings by its members, the Supreme Court has thus far resisted efforts to install stronger accountability mechanisms. But earlier this week, the Senate Judiciary Committee adopted a measure (along party lines) that would force the Court to do so by directing it to adopt a Code of Ethics. Is this the right approach?For object lessons, Alan recommended that other weekend blockbuster, the new Mission Impossible movie. Quinta gave her (slightly qualified) endorsement to the Barbie movie. Scott wholeheartedly recommended the true winner in this year’s weird movie sweepstakes, the Dungeons & Dragons movie. And Natalie broke the movie streak to join the chorus of praise for the Libby app (hooray public libraries!) and to endorse Mirasa baby clothes, both of which she found a new appreciation of on family leave.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From December 7, 2020: Jack Goldsmith spoke with Adam Cox and Christina Rodríguez, the authors of "The President and Immigration Law," a new book about the historical rise and operation of a president-dominated immigration system. They discussed the various ways that Congress has delegated extraordinary power over immigration to the president, how what the authors call "de facto delegation" confers massive presidential enforcement discretion that is the basis for programs like the Deferred Action for Childhood Arrivals program, and the benefits, costs and legal limits of this system. They also discussed what President Donald Trump accomplished with his immigration program during his term in office and President-elect Biden's possible immigration agenda.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Joshua Geltzer is the Deputy Homeland Security Advisor at the White House, part of the National Security Council staff. He is the president's point person on the reauthorization battle surrounding Section 702, the Foreign Intelligence Surveillance Act section that authorizes broad collection against overseas targets using domestic infrastructure. He joined Lawfare Editor-in-Chief Benjamin Wittes to talk about 702, the problems it has had, the reasons the government thinks it needs it still and wants it reauthorized, and the tough legislative landscape the government is facing between traditional left anxieties about the statute and those of the Trumpist right.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Creators of science fiction movies and television shows often build worlds with at least some attention to governance systems and international (or interplanetary) political interactions. Sometimes, they develop central plot points out of national security matters, even if they play out in entirely different galaxies or dimensions. So it's not surprising that political scientist and author Stephen Dyson has spent years looking closely at how the genre influences--and, in turn, is influenced by--international relations theory and practice.David Priess hosted Stephen for a conversation about the definitions of science fiction, fantasy, and speculative fiction; teaching international politics in China; how science fiction helps us to understand international relations and how IR inform our viewing of science fiction; politics in the Star Trek, Battlestar Galactica and Star Wars universes; and much more.Among the works mentioned in this episode:The book Otherworldly Politics by Stephen Benedict DysonThe books Imagining Politics, The Blair Identity and Leaders in Conflict by Stephen Benedict DysonThe book Metamorphoses of Science Fiction by Darko SuvinThe YouTube channel UConnPopCastThe TV shows Star Trek (The Original Series), Star Trek: The Next Generation, Battlestar Galactica (2004-2009), Battlestar Galactica (1978-1979), and Game of ThronesThe movies Star Wars: Episode IV - A New Hope and Rogue OneThe article "Images of International Politics in Chinese Science Fiction: Liu Cixin's Three-Body Problem," in New Political Science (2019), by Stephen Benedict DysonThe book Children of Time by Adrian TchaikovskyThe book Blood Meridian by Cormac McCarthyChatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Isabelle Kerby-McGowan and Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Last month, Brazil’s highest electoral court found that former President Jair Bolsonaro had abused his political power in the 2022 elections because of his conduct in a meeting with foreign ambassadors in Brasília in July 2022. For this violation of the country’s election laws, the electoral court banned Bolsonaro from seeking public office until 2030.  Lawfare Managing Editor Tyler McBrien sat down with Emilio Peluso Neder Meyer, Professor of Constitutional Law at the Federal University of Minas Gerais, Brazil, and Thomas Bustamante, Professor of Legal Theory at the Federal University of Minas Gerais, Brazil, to discuss Brazil’s search for accountability and justice in the aftermath of the coup attempt on Jan. 8, why the electoral court’s ruling was not so much a legal innovation as a mere application of existing laws, and the significance of President Lula’s decision not to rely on the military in his government’s response. They also discussed what’s next for Bolsonarismo.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The first phase of Israel's judicial overhaul is now law. Huge numbers of people are in the streets, reservists are resigning, the stock market is tanking, and Lawfare Editor-in-Chief Benjamin Wittes assembled an all-star panel to talk about it.Natan Sachs is the Director of the Center for Middle East Policy and a Senior Fellow in the Foreign Policy Program at the Brookings Institution. Amichai Cohen teaches international law and national security law at the Ono Academic College in Israel. And Yuval Shany is the Hersch Lauterpacht Chair in International Law and former Dean of the Law Faculty of the Hebrew University of Jerusalem. Cohen and Shany are the authors of a string of in-depth articles about the Israeli judicial revolution and the protests they have engendered (see their Lawfare articles here, here, here, here, here, and here). The four of them talked about what the substance of this new law is, what's coming next, whether this is the end of the reform sequence or just the first slice of salami, and about the incredible reaction we have seen from Israeli civil society and from opposition parties.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Former President Trump is facing criminal charges in Florida and New York, and indictments are reportedly likely in Fulton County, Georgia, and Washington, D.C. Two of these are in federal court; two of them are in state courts. Some have facts in common; some are seemingly unrelated. Trump is also involved in multiple civil litigations. And it looks like at least parts of these proceedings will be happening all at once. How does that work? Lawfare Executive Editor Natalie Orpett sat down with Brandon Fox, a partner at the law firm Jenner & Block and former Chief of the Criminal Division in the Central District of California, to talk through how it may all play out. They talked about the challenges Special Counsel Jack Smith’s office and state prosecutors will face, how Trump’s lawyers will leverage those challenges, and what judges are likely to do in response.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On July 12, the Justice Department appealed the sentences of seven Oath Keepers convicted for Jan. 6-related crimes. Five have been convicted of seditious conspiracy, and two others were convicted of conspiring to obstruct Congress. Lawfare Intern Gia Kokotakis sat down with Lawfare Senior Editor Roger Parloff, a former lawyer and expert on the Jan. 6 Oath Keepers prosecutions who directly observed the proceedings. They discussed who the defendants are, how their sentences were calculated, and the Justice Department's strategic motivations for filing the appeals.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week on Rational Security, Alan, Quinta, and Scott got together to NOT talk about that ONE big story that's not quite ripe yet. (You know the one. It involves sandwiches.) But they did chat through some of the week's other big national security news, including:“Against the Grain.” Russia backed out of the Turkey-facilitated Black Sea Grain Initiative this past week, which had allowed much needed Ukrainian grain to arrive in markets, largely in the developing world. Now not only is that avenue cut off, but Russian forces are attacking grain facilities in Odessa, threatening the global food supply. How does this brutal act fit into Russia’s global strategy? And how should the United States and its allies respond?“It’s a War on War.” The culture war is now taking on actual war, as House Republicans have passed a National Defense Authorization Act (NDAA) laden with provisions that target Defense Department policies relating to abortion, DEI, and LGBTQ+ issues—measures that are certain not to make it through the Democrat-controlled Senate and may end up putting the annual bill at risk of not being passed at all. How big is the risk of such an impasse? What could it mean for U.S. national security?“Coups are Like Pancakes.” Earlier this week, the New York Times published a report about how former officials in the Trump administration are declaring the first Trump administration a mulligan and outlining plans to dramatically expand presidential power and purge the executive branch if and when Trump returns to the White House for a second time. How seriously should we take these proposals? And what would they mean for democracy if implemented?Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From November 18, 2020: In the waning days of his administration, the president has attempted to install a political loyalist as General Counsel of the National Security Agency, a position that is traditionally a merits position, not a political position. He has also issued an executive order that gives the executive branch greater control over the civil service, making it easier to hire and fire people in agencies. It all raises the question: Is Donald Trump attempting to create the very deep state that he has spent the last four years denouncing? To talk over this question in its various permutations, Benjamin Wittes sat down with Susan Hennessey, who recently wrote an article about the NSA General Counsel appointment; Scott Anderson, Lawfare senior editor; and Rudy Mehrbani, senior advisor at Democracy Fund Voice, senior fellow at the Brennan Center for Justice, former assistant to the president and director of presidential personnel and former associate White House counsel in the Obama administration.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.