The Lawfare Podcast

Fareed Zakaria, a renowned journalist and author of "Age of Revolutions," joins for a deep dive into historical revolutions and their relevance today. He explores how past movements like the Tea Party inspire current political changes. Fareed discusses cultural backlashes spurred by technological progress and compares modern populism to late 19th-century nationalism. He highlights the complexities of Trump's global versus nationalist stances and examines the fragility of U.S. institutions in this context, offering insights into potential reforms.

Columbia Law School professor Tim Wu, an expert on technology and media, dives into his book, The Age of Extraction. He details Amazon's transition from a marketplace to an overpowering extractor of fees, highlighting the troubling distinction between normal platform fees and monopolistic charges. Wu discusses how convenience strengthens platform power, equating it to user coercion. He proposes treating platforms like utilities with neutral rules and emphasizes the need for anti-monopoly measures to foster competition, aiming for a fairer digital landscape.

Lindsay Chervinsky, Executive Director of the George Washington Library at Mount Vernon and author of a book on presidential precedents, discusses John Adams's impact on executive power. She reveals how Adams navigated tension with his cabinet and rival factions, emphasizing his strategy to assert presidential authority amidst challenges. Chervinsky delves into the Quasi-War with France, Adams's unique use of the pardon power, and the norms surrounding foreign policy. Her insights illustrate the foundational role Adams played in shaping modern presidential conduct.

Molly Roberts, a Senior Editor at Lawfare who covers criminal trials, delves into the complexities of the 'Sandwich Guy' trial, examining the stakes and evidentiary challenges. Roger Parloff discusses filter protocol issues in the Comey case, revealing concerns over privilege and evidence integrity. Anna Bower analyzes filings related to Comey's indictment, highlighting weaknesses in the government's argument. Eric Columbus rounds out the conversation with insights on SNAP and legal battles regarding immigration detention conditions.

Matthew Waxman, a national security scholar and law professor at Columbia, joins Michael Ramsey, a historian of constitutional war powers from the University of San Diego. They dive into the constitutional nuances of war power delegations, emphasizing Congress's authority over the president's military initiation power. Key discussions include the evolution of war powers from the Founding era to today, highlighting early authorizations and the implications of broad AUMFs post-Cold War. Their insights shed light on the ongoing tension between legislative intent and executive authority.

In a thought-provoking discussion, legal experts like Laura Dickinson and Joseph Nunn unpack the intricate legal landscape governing the deployment of military forces on U.S. soil. They explore the constitutional limits imposed by the founders and dissect the Posse Comitatus Act's implications. Chris Mirasola sheds light on the controversial use of Title 32 §502F, while Mark Nevitt highlights the operational tensions that arise from domestic military missions. The panel also addresses public perceptions and the critical need for reforms to maintain civil-military trust and readiness.

In this discussion, Peter Harrell, a trade policy expert, analyzes the implications of President Trump's tariffs while Georgetown Law professors Marty Lederman and Kathleen Claussen provide insights on the Supreme Court's oral arguments. They explore the skepticism from conservative justices about the IEPA's authority, debate the regulatory versus revenue nature of tariffs, and unpack potential limits on executive power. The conversation also touches on the major questions doctrine and the practicalities following a court loss, all while pondering the likelihood of a narrow ruling.

Joseph Kellner, an assistant professor of history at the University of Georgia, explores the chaotic quest for meaning during the Soviet collapse. He dives into the diverse spiritual movements that emerged, including astrologers and Hare Krishnas, as people grappled with identity and authority. Kellner discusses how these eclectic searches gave way to Putinism, reshaping Russia’s historical narrative. He even draws parallels between the past and today's political movements, pondering whether modern technology could reignite similar crises of belief.

This week, Benjamin Wittes, a veteran national security commentator, Alan Z. Rozenshtein, a legal expert, and Kate Klonick, an authority on internet law, delve into a fascinating mix of topics. They explore the fallout from the Heritage Foundation's controversial support for Tucker Carlson, addressing anti-Semitism and the political implications. The trio also discusses the stalled TikTok deal and its broader legal ramifications, alongside the dangerous re-emergence of wartime rhetoric in domestic policies. Their insights reveal deep intersections of politics, technology, and societal values.

In this engaging discussion, Francis Farrell, a frontline reporter from the Kyiv Independent, shares his experiences in the heated battles of eastern Ukraine. He provides gripping insights into the imminent fall of Pokrovsk, driven by logistical failures and Russian infiltrations. Farrell also highlights the transformation of warfare with drone technology reshaping the battlefield. He explains the strategic significance of Donbas, emphasizing why Ukraine is unwilling to concede territory. Learn about the challenges ahead as winter approaches and the crucial lessons from recent military engagements.