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The Lawfare Podcast

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The Lawfare Podcast
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  • Lawfare Archive: The Court at War
    From December 26, 2023: The Supreme Court during World War II issued some of the most notorious opinions in its history, including the Japanese exclusion case, Korematsu v. United States, and the Nazi saboteur military commission case, Ex parte Quirin. For a fresh take on these and related cases and a broader perspective on the Supreme Court during World War II, Jack Goldsmith sat down with Cliff Sloan, a professor at Georgetown Law Center and a former Special Envoy for Guantanamo Closure, to discuss his new book, which is called “The Court at War: FDR, His Justices, and the World They Made.” They discussed how the Court's decisions during World War II were informed by the very close personal bonds of affection that most of the justices had with President Roosevelt and by the justices’ intimate attachment to and involvement with the war effort. They also discussed the fascinating internal deliberations in Korematsu, Quirin, and other momentous cases, and the puzzle of why the same court that issued these decisions also, during the same period, issued famous rights-expanding decisions in the areas of reproductive freedom, voting rights, and freedom of speech.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
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  • Lawfare Archive: Protests, the Police, and the Press
    From June 21, 2023: Carolyn Cole, a Pulitzer-Prize winning staff photographer for the Los Angeles Times, has covered wars and other conflicts in Afghanistan, Iraq, Israel, Kosovo, Liberia, Sudan, Nicaragua, Haiti, and the U.S.-Mexico border. Over the course of her 30 year career, she has been seriously injured on the job precisely once—when members of the Minnesota State Patrol pushed Cole over a retaining wall and pepper sprayed her so badly that her eyes were swollen shut. Cole was in Minneapolis in the summer of 2020 to cover the protests after the murder of George Floyd. She was wearing a flak jacket marked TV, a helmet, and carried press credentials at the time of her attack. Cole’s story is not unique among the press corps. According to a new report out this week from the Knight First Amendment Institute called “Covering Democracy: Protests, the Police, and the Press,” in 2020, at least 129 journalists were arrested while covering social justice protests and more than 400 suffered physical attacks, 80 percent of them at the hands of law enforcement. As Joel Simon, author of the report and former Executive Director of the Committee to Protect Journalists, writes, “The presence of the media is essential to dissent; it is the oxygen that gives protests life. Media coverage is one of the primary mechanisms by which protesters’ grievances and demands reach the broader public.”Lawfare Managing Editor Tyler McBrien sat down with Joel, as well as Katy Glenn Bass, the Research Director of the Knight First Amendment Institute, to discuss the report, the long legacy of law enforcement attacks on journalists covering protests in America, who counts as “the press” in the eyes of the court, and what can be done to better ensure press freedom.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
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  • Lawfare Daily: U.S. Troops on the Streets of Los Angeles
    For today's episode, Lawfare Senior Editor and General Counsel Scott R. Anderson sat down with three leading legal experts on domestic military deployments: William Banks of Syracuse University College of Law, Laura Dickinson of the George Washington University Law School, and Chris Mirasola of the University of Houston Law Center. They discussed the legality of the Trump administration's decision to deploy U.S. troops on the streets of Los Angeles, where the state of California's legal challenge is likely to head, the Trump administration's broader ambitions to involve the military in immigration enforcement, and what it all may mean for the domestic use of the military elsewhere moving forward.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
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  • Escalation, Episode Seven: Boiling the Frog
    Today, it’s Episode Seven of Escalation, our latest narrative series co-hosted by Lawfare Managing Editor Tyler McBrien and Ukraine Fellow Anastasiia Lapatina. Throughout the show, Nastya and Tyler trace the history of U.S.-Ukrainian relations from the time of Ukrainian independence through the present. You can listen to Escalation in its entirety, as well as our other narrative series, on our Lawfare Presents channel, wherever you get your podcasts.In the season finale of Escalation, Nastya recounts Russia's full-scale invasion of Ukraine in February 2022. The western world is shocked, as President Biden and Congress attempt to send weapons to Ukraine to fight back. But fundamentally different perspectives on the fight emerge, leaving Ukraine's fate uncertain and its relationship with the United States in jeopardy.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
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  • Lawfare Daily: McCarthyism and Its Echoes in Modern Politics with Clay Risen
    Lawfare Contributing Editor Renée DiResta sits down with Clay Risen to talk about his book “Red Scare: Blacklists, McCarthyism, and the Making of Modern America,” exploring the historical context of McCarthyism and its relevance to contemporary issues. They discuss the dynamics of accusation versus evidence during the Red Scare, the impact of vigilantism, the erosion of civil liberties, and the lessons that can be drawn from this period in American history. Risen highlights lesser-known figures who resisted the Red Scare and examines the political opportunism that characterized the era, drawing parallels to current political challenges.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
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Über The Lawfare Podcast

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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