The Lawfare Podcast: Patreon Edition - The Lawfare Institute

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Trump’s Trials and Tribulations: Judge Cannon, Section 3, and a Fulton County Update Nov 04, 2023

Show notes

It's another episode of “Trump's Trials and Tribulations,” recorded live on Zoom before an audience of Lawfare Material Supporters. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor Roger Parloff, Lawfare Legal Fellow Anna Bower, and Josh Gerstein of Politico to talk about Wednesday’s hearing in the Mar-a-Lago case, Section 3 disqualification litigation in Minnesota and Colorado, the latest from Fulton County, what Judge Cannon is up to with her CIPA rulings, and the schedule for the Mar-a-Lago trial.

This is a live conversation that happens online every Thursday at 4:00pm Eastern Time. If you would like to come join and ask a question, be sure to visit Lawfare’s Patreon account and become a Material Supporter.

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Lawfare Archive: Stephanie Leutert on the Other Southern Border Nov 04, 2023

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From June 26, 2018: With the media and political commentators focused on family separation at the U.S.-Mexico border, few are paying attention to how developments along Mexico's southern border affect the United States. On Monday, Benjamin Wittes spoke with Stephanie Leutert, director of the Mexico Security Initiative at The University of Texas at Austin, who has spent the past several weeks in the field studying the flow of migrants from Central America into Mexico. They discussed who's entering Mexico, why they're doing it, why most continue on to the United States, and where the dangers lie along their journeys.

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The West Bank and the Israel-Hamas War Nov 03, 2023

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Since Hamas’s attack on Israel on Oct. 7, the Israel-Hamas war has largely been fought in Gaza, a small strip of land along the border of the Mediterranean Sea. But farther inland, there has been an uptick in hostilities between Israelis and Palestinians in the Palestinian territory of the West Bank. Israeli human rights organization B’Tselem says that at least 13 Palestinian herding communities in the West Bank have been forcibly displaced since the beginning of the war due to Israeli settler violence and intimidation, and nearly 100 Palestinians in the territory are reported to have been killed since the war began by both Israeli military strikes as well as settler violence.

The fraught relationship between the Israeli government, Israeli settlers, Palestinians, and the Palestinian Authority are not new. But in part because of those existing issues, the West Bank has the potential to expand and complicate the bounds of the Israel-Hamas war—and some may argue that that is already underway.

To understand how the West Bank fits into the ongoing hostilities between Israel and Hamas, Lawfare Associate Editor Hyemin Han spoke to Dan Byman from the Center for Strategic & International Studies, who is also Lawfare’s Foreign Policy Editor; Ghaith al-Omari of the Washington Institute for Near East Policy; and Scott R. Anderson, Lawfare Senior Editor and Fellow in Governance Studies at the Brookings Institution. They talked about the international law that currently governs the rules of engagement in the West Bank, the political responses of the Israeli government and other Arab states, and how West Bank dynamics will impact the broader outcomes of the Israel-Hamas war.

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Chatter: The British Empire's Territorial Peak, 100 Years Later, with Matthew Parker Nov 02, 2023

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The British Empire was already buckling under its own internal tensions in the 1920s. One hundred years later, historian and author Matthew Parker uses stories from across the globe to fill his new book One Fine Day, centered on the territorial peak of the empire on September 29, 1923. It reveals much about the limits of empire, the effects of liberation movements on colonized peoples around the world, and the dynamics of strategic transition.

David Priess and Matthew chatted about his globally mobile upbringing; the experiences driving him to this topic; the state of the British Empire on and around September 29, 2023; the story of Ocean Island (Banaba); how the First World War affected how colonized people viewed imperial rule; the emergence of social anthropology and its impact on racist views underlying colonialism; the influence of sport in the empire; George Orwell's experience in Burma; the activities of Marcus Garvey; Ian Fleming's time in Jamaica at the house he called Goldeneye, where he wrote all of the James Bond novels; and more.

Among the works mentioned in this episode:

The book One Fine Day by Matthew Parker

The book Goldeneye by Matthew Parker

The book Panama Fever by Matthew Parker

The book The Sugar Barons by Matthew Parker

The book The Earth Transformed by Peter Frankopan

The book The Silk Roads by Peter Frankopan

The book A Passage North by Anuk Arudpragasam

Chatter 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.

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A Criminal in the White House: How It Might Work and What It Might Mean Nov 02, 2023

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A few weeks ago, an organization that works in the democracy protection space asked Lawfare Editor-in-Chief Benjamin Wittes and Lawfare Senior Editor Scott R. Anderson to give a talk about what would happen if Donald Trump both got convicted and got elected. And for this episode of the Lawfare Podcast, we’ve reprised that conversation, with an accompanying YouTube version including their PowerPoint presentation.

Ben and Scott talked about what could happen if a president gets convicted and then gets elected, including how the system might respond if it’s a federal case, if it’s a state case, if the case is pending, and if the case is already wrapped up.

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What Disqualifying Trump from the 2024 Ballot Would Mean for American Politics and Democracy Nov 01, 2023

Show notes

In the wake of Donald Trump's role in the attempt to overturn the 2020 election and the Jan. 6 attack on the Capitol, lawsuits in states around the country are seeking to disqualify him from the 2024 election. Challengers to his eligibility invoke Section 3 of the Fourteenth Amendment, which provides in relevant part that "No person shall . . . hold any office . . . under the United States . . . who, having previously taken an oath . . . as an officer of the United States . . . to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof."

As of now, there are nearly two dozen states in which litigation is ongoing to bar Trump from the ballot, and that number is only expected to grow. Earlier this week, a Colorado district began a week-long bench trial and, this Thursday, the Minnesota Supreme Court will hear oral argument. And if a state does disqualify Trump, the United States Supreme Court will no doubt immediately hear the case.

On Monday October 30, the University of Minnesota Law School held a conference with leading law and political science scholars on "Section 3, Insurrection, and the 2024 Election: Does the Fourteenth Amendment Bar Donald Trump from the Presidency?" Today's Lawfare Podcast is a recording of one of the conference panels, which focused on the political implications of the Section 3 cases.

The moderator was Larry Jacobs of the Hubert H. Humphrey School of Public Affairs at the University of Minnesota, and the panelists were Julia Azari, a Professor of Political Science at Marquette University; Ilya Somin, a Professor of Law at George Mason University's Antonin Scalia Law School; and Eric Segall, a Professor of Law at the Georgia State College of Law.

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Breaking Down the Menendez Indictment with Dan Richman Oct 31, 2023

Show notes

It’s been a rough few months for Senator Bob Menendez. The powerful New Jersey Democrat has pleaded not guilty to federal charges related to an alleged bribery scheme under which, according to prosecutors, Menendez carried out favors for the government of Egypt.

But while the allegations set out in the indictment sound pretty unsavory, recent decisions by the Supreme Court—in particular, the 2016 case McDonnell v. United States—make prosecuting such corruption cases significantly more difficult. Lawfare recently published an article about the potential impact of McDonnell on the Menendez case by Daniel Richman, the Paul J. Kellner Professor of Law at Columbia Law School. Lawfare Senior Editor Quinta Jurecic sat down with Dan to discuss McDonnell, the charges against Menendez, and, of course, the photographs of gold bars allegedly given to Menendez that federal prosecutors included in the indictment.

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October Minipod: Constitutional Crises in the U.S. Oct 30, 2023

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On this month’s minipod episode, Lawfare Associate Editor for Communications Anna Hickey sat down with Lawfare Senior Editor and Brookings Institution fellow Quinta Jurecic to discuss how a constitutional crisis is defined and whether this type of crisis has occurred in the United States before.

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The Dangers of a Contingent Election with Beau Tremitiere and Aisha Woodward Oct 30, 2023

Show notes

We are a little more than a year out from the 2024 election—an election that, in countless ways, promises to be unlike any other. One way it may be different is the very real prospect of a scenario in which neither major party candidate secures enough electoral votes to win, kicking the decision to the House of Representatives in what is called a “contingent election.” Possible third parties are actively discussing the possibility of a contingent election as part of their political strategy—and this talk has many experts and advocates nervous about what chaos the turn to a contingent election might wreak.

To talk through what this scenario might mean, Lawfare Senior Editor Scott R. Anderson sat down with Beau Tremitiere and Aisha Woodward of Protect Democracy, which recently released a report—and published a related piece in Lawfare—on the topic. They walked through how a contingent election would work, how it might end up subverting the democratic process, and what alternatives might be out there for those less than content with the two-party status quo.

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Rational Security: The ”Covered in Lyes” Edition Oct 29, 2023

Show notes

This week on Rational Security, Alan, Quinta, and Scott came together in the virtual studio to talk over the week’s big national security news, including:

“Stuck in the Middle (East) with You.” The Biden administration is finding itself increasingly pilloried from both sides for its handling of the Oct. 7 massacre perpetrated by Hamas and Israel’s ensuing military response in the Gaza Strip, as the right urges stronger support for Israel while some on the left are becoming more vocal in calling for a ceasefire. How far can the Biden administration walk this tightrope?
“Et Tu, Jenna?” Four co-defendants of former President Trump, including Rudy Giuliani’s right hand woman Jenna Ellis, have now pled out and promised to cooperate in the Fulton County prosecution addressing alleged election interference—and media reports indicate that his former Chief of Staff Mark Meadows has accepted an immunity deal to testify before a federal grand jury. What does this all mean for Trump’s legal prospects moving forward?
“Exit, Stage Far Right.” Former President Trump is reportedly once again planning to exit or diminish NATO if he returns to the White House—a position his contender for Republican nominee Vivek Ramaswamy has endorsed. What is the future of U.S. participation in the NATO alliance?

For object lessons, Alan recommended Tiffany Li’s brilliant contribution to McSweeney’s Internet Tendency, “Statement from the University on Current Tensions in the Place You’re Probably Thinking About When You Read This,” which satirizes…exactly what you’re thinking about. Quinta lightened the mood by talking about serial killers in recommending Robert Kolker’s new piece, “The Botched Hunt for the Gilgo Beach Killer,” in the New York Times Magazine. And Scott directed D.C. locals to his favorite amaro distillery, Don Ciccio & Figli, who is brewing up botanicals right here in the city’s own Ivy City neighborhood.

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