The Lawfare Podcast: Patreon Edition - The Lawfare Institute

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Lawfare Daily: Alexis Loeb on Kleptocracy and National Security May 07, 2025

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In her recent Lawfare article, Alexis Loeb—a former deputy chief of the Jan. 6 Capitol Siege Section at the U.S. Department of Justice and a current partner at Farella, Braun, and Martel—discussed Attorney General Pam Bondi’s memo dismantling the Kleptocracy Asset Recovery Initiative. On today’s episode, Loeb joined Lawfare Associate Editor Olivia Manes to talk about the work that the Kleptocracy Team conducted, why it mattered for national security, and whether the Justice Department’s actions are part of a broader administrative trend towards non-enforcement of corruption.

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Lawfare Daily: Digital Forgeries, Real Felonies: Inside the TAKE IT DOWN Act May 06, 2025

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The TAKE IT DOWN Act is the first major U.S. federal law to squarely target non‑consensual intimate imagery (NCII) and to include a component requiring tech companies to act. Long handled via a patchwork of state laws, it criminalizes NCII at the federal level—both authentic images and AI-generated digital forgeries—and requires that platforms remove reported NCII within 48 hours of notification by a victim or victim's representative. TAKE IT DOWN passed with wide bipartisan support—unanimously in the Senate, and 409-2 in the House. Melania Trump championed it, and it is expected that President Trump will sign it. And yet, some of the cyber civil rights organizations that have led the fight to mitigate the harms of NCII over many years have serious reservations about the bill as passed. Why?

Lawfare Contributing Editor Renée DiResta sits down with Mary Anne Franks, President and Legislative & Technology Policy Director at the Cyber Civil Rights Initiative, and Eugene L. and Barbara A. Bernard Professor in Intellectual Property, Technology, and Civil Rights Law at the George Washington Law School; Becca Branum, Deputy Director of the Free Expression Project at the Center for Democracy & Technology; and Adam Conner, Vice President, Technology Policy at the Center for American Progress to unpack what the bill does, why it suddenly cruised through on a rare bipartisan wave of support, and whether its sweeping takedown mandate will protect victims or chill lawful speech. This is a nuanced discussion; some of the guests support specific aspects of the bill, while disagreeing about the implementation of others. Expect clear explanations, constructive disagreement, and practical takeaways for understanding this important piece of legislation.

More resources:

TAKE IT DOWN Act Legislative Summary and Text
Becca Branum and Tom Bowman's letter urging changes to TAKE IT DOWN prior to passage
Cyber Civil Rights Initiative
Senate press release upon House signing, including list of 120 supporting organizations

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Lawfare Daily: The Trials of the Trump Administration, May 2 May 05, 2025

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In a live conversation on May 2, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Anna Bower, Scott Anderson, and Roger Parloff and Lawfare Legal Fellow James Pearce to discuss the status of the civil litigation against President Trump’s executive actions, including the release of Mohsen Mahdawi, the decision by a judge that the Alien Enemies Act invocation did not meet the invasion requirement in the law, litigation surrounding the dismantling of agencies across the executive branch, legal challenge to DOGE’s access to information at the Social Security Administration, and more.

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Lawfare Archive: Anne Applebaum on the Twilight of Democracy May 04, 2025

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From July 27, 2020: Anne Applebaum is a columnist, writer, historian and most recently, the author of "Twilight of Democracy: The Seductive Lore of Authoritarianism," a book that explores why authoritarian ideologies are on the ascendance in countries as diverse as Poland, Hungary, Spain, the United States and Great Britain. Benjamin Wittes spoke with Anne about the themes of the book: Why are all of these authoritarian ideologies on the rise now? What is the role of social media in their rise? What are the major themes that they have in common, and how different are they location by location? How did conservative ideology come to fracture the way it has over so brief a period of time? And how is the modern wave of authoritarianism different from earlier iterations of it?

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Lawfare Archive: Greg Johnsen and Scott Anderson on the Fight Against the Houthis May 03, 2025

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From January 16, 2024: Over the last two months, Houthi militants have waged more than 27 attacks against merchant shipping and U.S. and partner forces in the Red Sea, the Gulf of Aden, and the Bab al-Mandeb Strait, purportedly in response to the war in Gaza. These attacks have significantly disrupted global shipping and surged the Middle East into an even more precarious security situation. Following a large-scale Houthi attack on U.S. and British ships, the U.S. and U.K. on Jan. 11 launched over 150 munitions targeting almost 30 Houthi sites in Yemen. The U.S. on Jan. 12 carried out another strike on a Houthi radar facility. The Houthis have since retaliated with multiple strikes targeting U.S. forces. Yesterday, the Houthis for the first time successfully struck a cargo ship owned and operated by the United States.

Lawfare Research Fellow Matt Gluck sat down with Gregory Johnsen, the Associate Director of the Institute for Future Conflict at the U.S. Air Force Academy and Lawfare Senior Editor Scott R. Anderson to discuss the spate of Houthi attacks, the U.S. response and the associated domestic and international law questions, and where the fighting is likely to go from here. What can history tell us about the possible paths forward? Why did the U.S. act when it did? What’s in it for the Houthis? They chewed over these questions and more.

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Lawfare Daily: Social Security, the ‘Death Master File,’ and Immigration Enforcement May 02, 2025

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As the Trump administration seeks to escalate its immigration crackdown, the government has turned to a concerning source of information for data on immigrants: the Social Security Administration. Reports indicate that Elon Musk’s DOGE initiative and the Department of Homeland Security successfully pushed Social Security officials to provide access to what’s commonly known as the “Death Master File,” allowing the government to mark living immigrants as dead in the Social Security Administration’s systems. The goal, according to press reports, is to make the lives of these individuals so difficult that they choose to leave the country.

What exactly is the Death Master File, and why is this strategy so alarming? To understand, Lawfare Senior Editor Quinta Jurecic spoke to Kathleen Romig, Director of Social Security and Disability Policy at the Center on Budget and Policy Priorities, and Devin O’Connor, a senior fellow at the center. They explained the unsettling implications of tinkering with the Death Master File and situated these efforts within the broader scope of the Trump administration—and DOGE’s—repeated attacks on Social Security.

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Lawfare Daily: The Crisis in Kashmir May 01, 2025

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For today's episode, Lawfare Foreign Policy Editor Daniel Byman interviewed Tanvi Madan, a Senior Fellow at the Brookings Institution, to discuss the April 22 terrorist attack in Kashmir. Madan explains how the crisis has evolved, the escalation options available to India, and the limited influence of the United States, China, and other powers to contain the crisis.

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Rational Security: The “Keeping It 100” Edition Apr 30, 2025

Show notes

This week, Scott sat down with his Lawfare colleagues Molly Reynolds and James Pearce to talk through the week’s big national security news, including:

“Rounding the ‘Feels Like It’s Been a Century’ Mark.” As President Trump comes to the end of his second first 100 days in office, he and his supporters are laying claim to FDR’s mantle as the president to accomplish the most in such a short period of time. But how much success has Trump really had in enacting his broader policy agenda? How should we be seeing Trump’s administration as it rounds this milestone?
“The Art of the Appeal.” More than three months into his second term in the White House, President Trump has clearly embraced a new legal strategy: antagonistic towards the courts, aggressive in its claims of presidential power, and more than willing to run to the Supreme Court for validation. But so far that validation has been slow to come, and there are signs that even some judges appointed by Trump are growing weary and wary of his tactics. How successful is Trump’s legal strategy proving? Could an alternative be more effective?
“DOGE-ing a Bullet.” A new report from the minority staff of the Senate’s permanent subcommittee on investigations claims that Elon Musk’s involvement in the Trump administration and his role in dismantling federal agencies could save his various companies billions in regulatory costs and other potential liabilities. Is this a clear conflict of interest? Or does this report reflect other factors in play?

In object lessons, Molly had a mighty craic in happening upon Blue Lights, a police procedural set in Belfast, and urges you to give it a lash. Scott, hailing victory and fighting for Old DC, cheered the thought of a new RFK Stadium. And James encouraged listeners to maki their way over to a local Japanese restaurant, where the sushi isn’t the only thing rolled.

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Lawfare Daily: Andrew Bakaj on the Whistleblowing and DOGE’s Activities at the NLRB Apr 30, 2025

Show notes

Andrew Bakaj, Chief Legal Counsel at Whistleblower Aid, joins Kevin Frazier, AI Innovation and Law Fellow at Texas Law and Contributing Editor at Lawfare, to discuss a declaration by a National Labor Relations Board employee Daniel Berulis that DOGE facilitated the exfiltration of potentially sensitive information to external sources. The two also analyze the merits of whistleblower protections more generally.

Read more about the declaration here: https://www.npr.org/2025/04/15/nx-s1-5355896/doge-nlrb-elon-musk-spacex-security

For a copy of the letter penned by several members of Congress, go here: https://www.npr.org/2025/04/24/nx-s1-5375118/congress-doge-nlrb-whistleblower

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Lawfare Daily: The President, Congress, and the Power of the Purse Apr 29, 2025

Show notes

In today’s episode, Molly Reynolds, Senior Fellow at Brookings and Senior Editor at Lawfare, sits down with Matt Lawrence, Associate Professor of Law at Emory; Eloise Pasachoff, Professor of Law at Georgetown; and Zach Price, Professor of Law at UC Law San Francisco to discuss a new paper on “Appropriations Presidentialism,” or how the executive branch attempts to control the process of allocating federal funds at the expense of Congress. They cover the history of the Congress, the president, and the courts in this area; what the Trump administration is doing that is different from what we’ve seen in the past; and what might come next in the multitude of current litigation on these issues.

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