The Lawfare Podcast - The Lawfare Institute

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Trump’s Trials and Tribulations: A New Year's Update Jan 06, 2024

Show notes

It's another episode of “Trump's Trials and Tribulations,” recorded on January 4 in front of a live audience on YouTube and Zoom. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Legal Fellow Anna Bower and Lawfare Senior Editor Roger Parloff to discuss all of the Section 3 litigation happening across the country from Colorado to Maine. They talked about where the D.C. case stands and whether the Jan. 6 trial will start on March 4. And they took questions from a live audience.

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: The War in Yemen (and Congress’s Response) Jan 06, 2024

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From December 11, 2018: Last week, Benjamin Wittes sat down with Gregory Johnsen, a former member of the U.N. Security Council Panel of Experts on Yemen and the author of the book "The Last Refuge: Yemen, Al-Qaeda, and America’s War in Arabia," to do a deep dive on the conflict in Yemen: its origins; its current state; and the role Iran, Saudi Arabia, and the United States have played and are likely to play moving forward. Joining Ben and Greg was Daniel Byman, senior fellow at the Brookings Institution’s Center for Middle East Policy and Lawfare’s own Foreign Policy Editor.

After Ben and Dan’s conversation with Greg, Brookings Fellow Molly Reynolds and Lawfare's Scott R. Anderson sat down for a conversation about Yemen-related legislation that is currently churning on Capitol Hill, and what it may mean for the future of U.S. involvement in the conflict there.

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The Marshall Islands’ Sweeping Climate Adaptation Plan with Jake Bittle Jan 05, 2024

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Last month, at COP28 in Dubai, the Republic of the Marshall Islands unveiled its sweeping national climate adaptation plan, the multi-year product of government officials interviewing thousands of Marshallese residents across the country’s dozens of coral atolls.

The plan is ambitious and groundbreaking because it has to be. As John Silk, foreign minister of the Marshall Islands, said in September, “We call it our national adaptation plan, but it is really our survival plan.”

Lawfare Managing Editor Tyler McBrien sat down with Jake Bittle, a staff writer at Grist who covers climate impacts and adaptation and the author of a recent book about climate migration called “The Great Displacement,” about this very plan, which Jake obtained ahead of the annual climate conference. They discussed what makes this particular climate adaptation plan revolutionary, the thorny geopolitics of climate financing, and the unimaginable, unquantifiable loss that might occur should the worst case scenarios come to fruition for the Marshallese. But they also talked about why, despite its dire warnings and existential subject matter, the plan’s creators ultimately see it as an optimistic document.

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Chatter: Lessons from the Decade of Mass Protests, with Vincent Bevins Jan 04, 2024

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From the protests in Brazil initially focused on bus fares to the protests in Hong Kong seeking to stop an extradition bill to the protests across the Middle East now collectively referred to as the "Arab Spring," the political and economic mass demonstrations from 2010 to 2020 made it a decade of public protest like no other. Yet the vast majority of these efforts failed to bring about their desired changes--and many of them actually led to the opposite of what they wanted. Vincent Bevins, author of the new book If We Burn: The Mass Protest Decade and the Missing Revolution, has chronicled this decade with stories from his on-the-ground reporting and extensive interviews with activists in ten countries around the globe.

David Priess spoke with Vincent about why mass protests during this decade so often fell short of their objectives, the principle of horizontalism, the role of social media in mobilization and action, and other themes as they relate to the mass protests in Brazil, Turkey, Hong Kong, Tunisia, Egypt, Bahrain, Syria, South Korea, and other countries.

Among the works mentioned in this episode:

The book If We Burn: The Mass Protest Decade and the Missing Revolution by Vincent Bevins

The movie The Candidate

The book From Mobilization to Revolution by Charles Tilly

The book Minor Detail by Adania Shibli

The book Bourdieu's Secret Admirer in the Caucasus by Georgi Derluguian

Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Noam Osband and Cara Shillenn of Goat Rodeo. Podcast theme by David Priess, featuring music created using Groovepad.

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Israel, Gaza, and the Law of War Jan 04, 2024

Show notes

The conflict between Israel and Hamas is provoking heated debates about which side is in the right. Each accuses the other of things like war crimes. Oftentimes, they’re expressing a political or moral judgment—but the fact is, these are also legal terms.

So for this discussion, we’re going to step back from the debates and try to take a dispassionate look at the law that applies here—international humanitarian law, or IHL.

To do that, Lawfare Executive Editor Natalie Orpett sat down with Gabor Rona, who previously served as the legal adviser for the International Committee for the Red Cross. They talked about what IHL has to say about the most heated debates of this conflict, including the high number of civilian casualties in Gaza and Hamas’s use of human shields. They talked about the gaps in the law. And they talked about whether the law even matters here.

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How Are the TikTok Bans Holding Up in Court? Jan 03, 2024

Show notes

In May 2023, Montana passed a new law that would ban the use of TikTok within the state starting on January 1, 2024. But as of today, TikTok is still legal in the state of Montana—thanks to a preliminary injunction issued by a federal district judge, who found that the Montana law likely violated the First Amendment. In Texas, meanwhile, another federal judge recently upheld a more limited ban against the use of TikTok on state-owned devices. What should we make of these rulings, and how should we understand the legal status of efforts to ban TikTok?

We’ve discussed the question of TikTok bans and the First Amendment before on the Lawfare Podcast, when Lawfare Senior Editor Alan Rozenshtein and Matt Perault, Director of the Center on Technology Policy at UNC-Chapel Hill, sat down with Ramya Krishnan, a staff attorney at the Knight First Amendment Institute at Columbia University, and Mary-Rose Papandrea, the Samuel Ashe Distinguished Professor of Constitutional Law at the University of North Carolina School of Law. In light of the Montana and Texas rulings, Matt and Lawfare Senior Editor Quinta Jurecic decided to bring the gang back together and talk about where the TikTok bans stand with Ramya and Mary-Rose, on this episode of Arbiters of Truth, our series on the information ecosystem.

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Ask Us Anything About 2023 Jan 02, 2024

Show notes

Welcome to our annual “Ask Us Anything” episode, a hallowed Lawfare tradition. Every news alert in 2023 seemed to bring new questions. But fear not, because Lawfare has answers. Lawfare senior editors answered listener-submitted questions on the Israel-Gaza War, military aid to Ukraine, the Trump trials, gag orders against the former president, the presidential pardon ability, violence against elected officials, efforts to combat corruption, and more. What a year!

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Lawfare Archive: Hardcore Dan Carlin Jan 01, 2024

Show notes

From September 27, 2014: A few weeks ago, Benjamin Wittes began listening to a podcast called Hardcore History, which is the brainchild of a fellow named Dan Carlin. Carlin was doing a series of episodes on World War I, and Hardcore History is—let's just say—a different sort of podcast. The episodes are very long, very involved, and to Ben at least, completely riveting. Ben can't recommend it highly enough. Carlin, a former radio talk show host, also runs a podcast called Common Sense, which focuses on contemporary political issues and features Carlin's eclectic political views—many of which Ben disagrees with intensely. Literally millions of people are downloading Carlin's lectures on World War I and other major events in mostly military history. Ben caught up with Carlin this week to discuss the World War I series, Hardcore History more generally, and his views on matters surveillance, ISIS, and overseas intervention.

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Rational Security: The “Unboxing Day” Edition Dec 31, 2023

Show notes

This week on Rational Security, Quinta and Scott rang in the New Year with co-host emeritus Benjamin Wittes by discussing some listener-submitted topics, including:

What does the AUKUS deal mean for the Five Eyes intelligence relationship?
How can courts enforce a gag order against former President Trump?
What would a President Nikki Haley mean for the Republican Party’s foreign policy?
Which is better, wizards or fighters?
Could anything stop former President Trump from appointing a cabinet of loyalists if elected back into the White House?
How is misinformation impacting public understandings of the Gaza conflict?
What advice would you give to folks beginning law school—and those married to them?
Could we just do away with hard printouts of classified information altogether?
How will China’s economic and demographic challenges impact its decision-making on Taiwan?
What does Prighozin’s death mean for Wagner in Africa?
What was your most (or least) favorite media of the year?

As for object lessons, they shared several sent in by listeners, including:

The video game Pentiment, a murder mystery set in Renaissance Bavaria;
The book “Palestine 1936: The Great Revolt and the Roots of Middle East Conflict” by Oren Kessler;
The “anti-reactionary conservative news site” The Dispatch, including its podcasts Advisory Opinions, The Remnant, and The Dispatch Podcast;
The book “Three Dangerous Men” by Seth Jones, examining military leaders in China, Iran, and Russia;
The book “Killers of the Flower Moon”by David Grann (but not the movie);
The podcast “The Prince”about the rise of Xi Jinping (along with The Economist’s other phenomenal podcast work);
The book “Listen Liberal: Or, What Ever Happened to the Party of the People” by Thomas Frank;
The new book “For the People, For the Country” by John Ragosta, a political biography of Patrick Henry;
And LinkedIn as the hot new social networking site!

Thank you to everyone for listening to Rational Security and supporting Lawfare throughout the year. We hope you enjoy a Happy New Year, and we will be back in your feeds in 2024!

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Lawfare Archive: The Future of Warfare Dec 30, 2023

Show notes

From February 9, 2019: From the increasing development of autonomous weapons systems to the expansion of the traditional battlefield to cyber and outer space, the evolution of warfare invites ethical and legal questions about what the future holds. In November 2018, Arnold & Porter's Veterans and Affiliates Leadership Organization hosted a panel discussion to explain what warfare will be like for the military veterans of the future.

Former Air Force and Army general counsel and current Arnold & Porter partner Chuck Blanchard moderated a conversation with American University law professor Ken Anderson, Emory law professor Laurie Blank, and Jamie Morin, vice president of Defense System Operations at The Aerospace Corporation and a director of the Center for Space Policy and Strategy.

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