Weekly podcast from Democracy Docket going over the top voting rights, elections and democracy news.
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The Lawfare Podcast features discussions with experts, policymakers, and opinion leaders at the nexus of national security, law, and policy. On issues from foreign policy, homeland security, intelligence, and cybersecurity to governance and law, we have doubled down on seriousness at a time when others are running away from it. Visit us at www.lawfareblog.com. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
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Strict Scrutiny is a podcast about the United States Supreme Court and the legal culture that surrounds it. Hosted by three badass constitutional law professors-- Leah Litman, Kate Shaw, and Melissa Murray-- Strict Scrutiny provides in-depth, accessible, and irreverent analysis of the Supreme Court and its cases, culture, and personalities. Each week, Leah, Kate, and Melissa break down the latest headlines and biggest legal questions facing our country, emphasizing what it all means for our ...
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Showdock produces some of the web's finest talk radio shows. Our properties includes System Showdown, The Sports Docket, The Legal Docket, The Blue Zone Report, OnTap, Kwasscast, and This.
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Lawfare Daily: Resisting Democratic Backsliding
49:51
49:51
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49:51In recent years, political scientists have given a great deal of attention to “democratic backsliding”—the slow erosion of democracy by aspiring authoritarians. The events of the last several months in the United States—with attacks from the Trump administration on the press, higher education, and any center of power outside the White House—make th…
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Rational Security: The “Shaving Face” Edition
1:06:35
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1:06:35This week, Scott sat down with his Lawfare colleagues Benjamin “The Beard” Wittes and Anastasiia (and Ava) Lapatina to discuss the week’s biggest national security news stories, including: “A Waltz on Thin Ice.” Weeks after the SignalGate controversy, Mike Waltz is out as National Security Adviser and set to be nominated as U.N. Ambassador. Secreta…
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Lawfare Daily: Alexis Loeb on Kleptocracy and National Security
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45:55In 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 …
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Lawfare Daily: Digital Forgeries, Real Felonies: Inside the TAKE IT DOWN Act
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47:59
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47:59The 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 remo…
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Lawfare Daily: The Trials of the Trump Administration, May 2
1:36:54
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1:36:54In 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 …
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Will SCOTUS Sign Off on Religious Charter Schools?
1:43:17
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1:43:17Is this the term when the Court says “see ya” to the Establishment Clause? Leah, Melissa and Kate consider that question in their recap of this week’s religious charter school case, Oklahoma Charter School Board v. Drummond. Also covered: Advocate Lisa Blatt’s run-in with Neil Gorsuch during oral arguments for a disability rights case, opinions con…
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Lawfare Archive: Anne Applebaum on the Twilight of Democracy
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39:28From 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 w…
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Lawfare Archive: Greg Johnsen and Scott Anderson on the Fight Against the Houthis
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50:19From 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…
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Lawfare Daily: Social Security, the ‘Death Master File,’ and Immigration Enforcement
51:49
51:49
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51:49As 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…
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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 c…
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Rational Security: The “Keeping It 100” Edition
1:12:48
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1:12:48This 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 presid…
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Lawfare Daily: Andrew Bakaj on Whistleblowing and DOGE’s Activities at the NLRB
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34:07Andrew 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 …
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Lawfare Daily: The President, Congress, and the Power of the Purse
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48:25In 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 br…
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Lawfare Daily: The Trials of the Trump Administration, April 25
1:34:17
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1:34:17In a live conversation on April 25, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Anna Bower, Scott Anderson, and Roger Parloff, Lawfare Legal Fellow James Pearce, and Lawfare Contributor Preston Marquis to discuss the status of the civil litigation against President Trump’s executive actions, including the arrest of …
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Can Religious Parents Veto Books in Public Schools?
1:40:02
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1:40:02Kate and Leah recap oral arguments in two big cases the Supreme Court heard this week. The first is about LGBTQ+ inclusive reading materials in public schools, and the second is about the Affordable Care Act's mechanism for ensuring preventative care. There are also developments in the Alien Enemies Act litigation, and a devastating, if predictable…
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Lawfare Archive: The Legislative Dog That Hasn’t Barked
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48:01From April 11, 2022: The period after Watergate and President Nixon's resignation saw an unprecedented barrage of congressional efforts at reforming the executive branch. The period after Donald Trump's departure from office has seen no comparable spree of legislative action—at least not yet. In a recent Lawfare article, Quinta Jurecic and Andrew K…
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Lawfare Archive: The Spymasters with Chris Whipple
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52:02From September 16, 2020: What is the proper relationship between the CIA director and the president? How should directors handle arguably illegal orders? How important is the director's role as the nation's honest broker of information during times of crisis? To get at these questions, David Priess sat down with Chris Whipple, a documentary filmmak…
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Lawfare Daily: Cybersecurity Challenges and Opportunities
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32:03For today's episode, Lawfare Foreign Policy Editor Daniel Byman interviewed Michael Sulmeyer, who was the top Defense official for all aspects of cyber policy in the Biden administration. Sulmeyer discusses the cyber threat landscape, different roles and missions, how Artificial Intelligence might be leveraged, and the key role of allies in cyberde…
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Lawfare Daily: Ideological Exclusions and Deportations with Julia Rose Kraut
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52:40On today’s episode, Julia Rose Kraut, author of the book “Threat of Dissent: A History of Ideological Exclusion and Deportation in the United States,” joins Lawfare Managing Editor Tyler McBrien to talk about that book, originally published in 2020, and how it can help us make sense of the Trump administration’s recent immigration and deportation p…
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Rational Security: “The More You DOGE” Edition
1:22:19
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1:22:19This week, Scott sat down with his Lawfare colleagues Anna Bower, Tyler McBrien, and Kevin Frazier to talk through the week’s big national security news, including: “Aliens vs. Predators.” Despite forceful legal pushback—including by the U.S. Supreme Court—the Trump administration is working hard to continue its campaign to remove foreign aliens it…
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Lawfare Daily: Mikhail Zygar on Putin, the Russia-Ukraine War, and Press Freedom
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50:18On today's episode, Mikhail Zygar, a renowned Russian journalist living in exile in the U.S., the author of multiple books on Vladimir Putin, and the author of The Last Pioneer substack, joined Lawfare Associate Editor Olivia Manes to discuss his experience as the founder of one of the last independent Russian media channels, TV Rain. They talked a…
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Lawfare Daily: Chris Hughes on His New Book, ‘Marketcrafters’
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41:44Chris Hughes, author of “Marketcrafters” and co-founder of the Economic Security Project, joins Kevin Frazier, AI Innovation and Law Fellow at Texas Law and Contributing Editor at Lawfare, to discuss his book and its implications at a time of immense economic uncertainty and political upheaval. The duo explore several important historical case stud…
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Lawfare Daily: The Trials of the Trump Administration, April 18
1:34:29
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1:34:29On April 18 at 4 pm ET, Lawfare Editor-in-Chief Benjamin Wittes sits down with Lawfare Senior Editors Anna Bower, Quinta Jurecic, and Roger Parloff and Lawfare Legal Fellow James Pearce to discuss the status of the civil litigation against President Trump’s executive actions, including Judge Boasberg's finding of probable cause for contempt in the …
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Are Trump Administration Officials in Criminal Contempt?
1:33:09
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1:33:09Leah, Melissa and Kate join forces to dig through the Trump administration’s latest affronts to the law and the possibility that its officials could be held in criminal contempt. They also react in real time to the Court’s decision to take up the question of birthright citizenship and cheer Harvard’s stand against the administration. Finally, they …
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Lawfare Archive: 'The President Who Would Not Be King'
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55:06From January 26, 2021: Jack Goldsmith sat down with Michael McConnell, the Richard and Frances Mallery Professor and director of the Constitutional Law Center at Stanford Law School, a senior fellow at the Hoover Institution and the author of the new book, "The President Who Would Not Be King: Executive Power Under the Constitution." They discussed…
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Lawfare Archive: The Israeli Judicial System on the Brink
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52:40From March 6, 2023: Amichai Cohen and Yuval Shany are both Israeli legal scholars and longtime Lawfare contributors. Shany is a professor of international law at the Hebrew University Law School in Jerusalem. Cohen is a professor at Ono Academic College. They are both scholars at the Israel Democracy Institute, and together they are also co-authors…
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Lawfare Daily: Trump's Attack on Law Firms
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50:01In recent weeks, President Trump has embarked on a campaign of extortion against law firms, pushing major firms to either reach agreements with the White House or face executive orders in retribution. A number of major firms have chosen to negotiate—agreeing to deals that are already under pressure as the White House seeks to extract more. Four fir…
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Lawfare Daily: Roger Parloff and Anna Bower Talk Abrego Garcia
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43:05On April 15, Judge Paula Xinis held a hearing in the case of Kilmar Abrego Garcia, the man deported by accident to a notorious prison in El Salvador. Lawfare Senior Editors Roger Parloff and Anna Bower covered the hearing live and debriefed on it with Editor-in-Chief Benjamin Wittes immediately afterwards. To receive ad-free podcasts, become a Lawf…
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Lawfare Daily: Mexican Cartels and American Guns
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47:22The Supreme Court recently held oral arguments in the case of Mexico v. Smith & Wesson, a groundbreaking case brought by the government of Mexico that seeks to hold U.S. gun manufacturers accountable for cartels' use of American weapons to perpetrate violence in Mexico. On today's episode, Executive Editor Natalie Orpett talked with Jonathan Lowy, …
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Lawfare Daily: Daniel Kokotajlo and Eli Lifland on Their AI 2027 Report
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37:41Daniel Kokotajlo, former OpenAI researcher and Executive Director of the AI Futures Project, and Eli Lifland, a researcher with the AI Futures Project, join Kevin Frazier, AI Innovation and Law Fellow at Texas Law and Contributing Editor at Lawfare, to discuss what AI may look like in 2027. The trio explore a report co-authored by Daniel that dives…
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Lawfare Daily: The Trials of the Trump Administration, April 11
1:29:55
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1:29:55In a live conversation on April 11, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Anna Bower, Quinta Jurecic, and Roger Parloff, Lawfare Legal Fellow James Pearce, and Lawfare contributor James Pearce to discuss the status of the civil litigation against President Trump’s executive actions, including the April 11 hear…
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This week, the Court weighed in on two cases arising out of the Trump administration’s use of the 1798 Alien Enemies Act to deport people to El Salvador. Kate, Melissa, and Leah break down both rulings, looking at how SCOTUS is giving leeway to the administration. For the second part of the show, Deborah Archer, professor of law at NYU and presiden…
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From May 16, 2023: In recent years, the Supreme Court's non-merits “shadow docket” has become a topic of contestation and controversy, especially the Court's emergency orders rulings on issues ranging from immigration to abortion to Covid-19 restrictions. To discuss these issues, Jack Goldsmith sat down with Stephen Vladeck, the Charles Alan Wright…
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Lawfare Archive: The Hidden Alliance Between Tech and Government
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38:52From March 8, 2024: The practice of surveillance capitalism—the widespread private collection and commodification of personal data—is well understood. Less well understood is the extent to which the U.S. government purchases this data in the commercial marketplace to use it for intelligence and law enforcement purposes. Byron Tau, when he was a rep…
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Lawfare Daily: The Golden Dome Missile Defense Program
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28:34For today's episode, Lawfare Foreign Policy Editor Daniel Byman interviewed Tom Karako, the Director of the Missile Defense Program at CSIS, to discuss the Trump administration's missile defense proposals known as "Golden Dome." Karako explains the purpose of Golden Dome, its feasibility and cost, the likely reactions of China and Russia, and what …
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Rational Security: The "Humphrey's Executor's Executor" Edition
1:17:19
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1:17:19This week, Scott sat down with co-hosts emeritus Benjamin Wittes, Quinta Jurecic and Lawfare's new senior legal fellow James Pearce to talk through the week's biggest national security news stories, including: “Midnight Planes Going Anywhere.” The Supreme Court has weighed in on the Trump administration’s decision to quickly fly dozens of Venezuela…
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Lawfare Daily: What French Politics Means for Europe and the United States
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59:22On today's episode, Executive Editor Natalie Orpett spoke with Tara Varma, a fellow at the Brookings Institution, about the latest in French politics. On March 31, far-right leader Marine Le Pen was convicted of embezzlement and banned from politics, though polling showed her in the lead for the 2027 presidential elections. In the last few weeks, c…
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Lawfare Daily: Climate Security During the Trump Administration
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30:31Lawfare Associate Editor for Communications Anna Hickey spoke to Director of the Center for Climate Security Erin Sikorsky about the omission of climate change from the Annual Threat Assessment, Director of National Intelligence Tulsi Gabbard’s testimony in front of Congress, and the national security risks of climate change. Read Sikorsky’s articl…
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Lawfare Daily: Trump’s New Global Tariffs and the Court Fights to Come, with Peter Harrell and Jennifer Hillman
1:02:49
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1:02:49For today’s episode, Lawfare General Counsel and Senior Editor Scott R. Anderson sat down with Lawfare Contributing Editor Peter Harrell, who was previously Senior Director for International Economics on the National Security Council, and Professor Jennifer Hillman of the Georgetown University Law Center, a former member of the WTO’s appellate body…
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Lawfare Daily: The Trials of the Trump Administration, April 6
1:25:13
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1:25:13In a live conversation on April 4, Lawfare Senior Editor Scott R. Anderson sat down with Lawfare Senior Editors Anna Bower and Roger Parloff, Lawfare Legal Fellow James Pearce, and Georgetown professor Steve Vladeck to discuss the status of the civil litigation against President Trump’s executive actions, including the deportation of individuals to…
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What’s the Future of Planned Parenthood?
1:29:07
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1:29:07Leah and Kate recap recent opinions and arguments from the Supreme Court, including cases about tax exemptions for religious organizations and the future of Planned Parenthood. Along the way they celebrate Susan Crawford’s election to the Wisconsin Supreme Court and Cory Booker’s 25-hour speech on the Senate floor, touch on potential legal challeng…
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Lawfare Archive: Government Use of Open-Source Information
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56:22From January 26, 2024: In front of a live audience at the Knight Foundation's INFORMED conference in Miami, Florida, Lawfare Editor-in-Chief Benjamin Wittes spoke with Hon. Kenneth L. Wainstein, Under Secretary for Intelligence and Analysis at the Department of Homeland Security; Jameel Jaffer, Executive Director of the Knight First Amendment Insti…
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Lawfare Archive: Weaponizing the Dollar with Saleha Mohsin
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54:04From March 20, 2024: Since World War II, the United States and its currency, the dollar, have come to play a central role in the broader global economy. And in recent decades, policymakers have used this role as a weapon, cutting off access to malign actors and punishing those who act contrary to U.S. national security interests. But cultivating su…
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The GOP is Full of "Cowards" and "Crazies" | Sen. Andy Kim
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34:33New Jersey Sen. Andy Kim hosted a series of town halls in Republican congressional districts after the local representatives refused to do so. Sen. Kim joins Marc Elias to discuss what he heard from voters at these events, his co-Senator Cory Booker's historic speech and why he believes the GOP is no longer a political party. -Sign up for our free …
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Lawfare Daily: Hillary Hartley and David Eaves on 18F, Its Origin, Legacy, and Lesson
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42:10Hillary Hartley, the former Chief Digital Officer of Ontario and former Co-Founder and Deputy Executive Director at 18F, and David Eaves, Associate Professor of Digital Government and Co-Deputy Director of the Institute for Innovation and Public Purpose at University College London, join Kevin Frazier, AI Innovation and Law Fellow at Texas Law and …
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Lawfare Daily: Escalation, Episode One: Chicken Kyiv
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38:36For today’s episode, we’re bringing you the opening episode of our podcast Escalation. Escalation is a multi-part narrative podcast hosted by Lawfare Managing Editor Tyler McBrien and Ukraine Fellow Anastasiia Lapatina. Escalation lays bare the stakes of the Russo-Ukrainian War through powerful storytelling and compelling voices. It reveals forgott…
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Rational Security: The “Space Base Oddity” Edition
1:14:40
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1:14:40This week, Scott joined his Lawfare colleagues Natalie Orpett and Eric Ciaramella to talk through the week’s big national security news, including: “In Mother Russia, Sometimes Bear Poke You.” Discussions over a possible broader ceasefire in Ukraine—beyond the temporary (and limited) energy and Black Sea ceasefire agreements last week—appear to hav…
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Lawfare Daily: Why Public Health is Critical to National Security
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55:47Atul Gawande is a surgeon and a public health expert. He's also the former head of global health at the U.S. Agency for International Development (USAID), an agency that the Trump administration has prioritized for dismantling since its first day in office. On today's episode, Executive Editor Natalie Orpett sat down with Gawande to discuss what US…
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Lawfare Daily: Adam Thierer on the AI Regulatory Landscape
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38:03Adam Thierer, Senior Fellow for the Technology & Innovation team at R Street, joins Kevin Frazier, the AI Innovation and Law Fellow at the UT Austin School of Law and a Contributing Editor at Lawfare, to review public comments submitted in response to the Office of Science and Technology Policy’s Request for Information on the AI Action Plan. The p…
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Lawfare Daily: The Trials of the Trump Administration, March 28
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1:29:56On March 28, Lawfare Editor-in-Chief Benjamin Wittes will sit down with Lawfare Senior Editors Scott Anderson, Anna Bower, and Roger Parloff, Lawfare Contributing Editor James Pearce, and former ACLU National Legal Director David Cole to discuss the status of the civil litigation against President Trump’s executive actions, including the deportatio…
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