Special Counsel Jack Smith has issued a subpoena to former Vice President Mike Pence as part of the investigation into Trump’s role in instigating the Jan. 6 riot. But Pence has said he’ll fight the subpoena. And he’s pointed to the Speech or Debate Clause—a constitutional immunity that protects members of Congress—on the argument that he was acting as part of the legislative branch when he presided over the electoral count on January 6, 2021. Setting aside Pence’s motives for taking this approach, the merits of the legal argument are less crazy than they might sound. Lawfare senior editors Quinta Jurecic and Molly Reynolds sat down to talk through these issues with two former congressional lawyers: Eric Columbus, who recently served as Special Litigation Counsel in the House Office of General Counsel under Speaker Nancy Pelosi, and Mike Stern, a former senior counsel to the House of Representatives. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Can the Speech or Debate Clause Shield Mike Pence from a Subpoena?

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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The annual U.S. Cyber Command (USCYBERCOM) Legal Conference convenes lawyers across government and the private sector working on cyber issues. This year’s conference focused on the power of partnerships. Executive Editor Natalie Orpett moderated a panel, titled “The Business of Battle: Navigating the Role of the Private Sector in Conflict,” featuring Jonathan Horowitz of the International Committee for the Red Cross, Laurie Blank of the Defense Department’s Office of the General Counsel, and Adam Hickey of the law firm Mayer Brown. They talked about how government and private sector actors bring different frames of reference and different equities when faced with a conflict, and how they can work together to address it. 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/c/trumptrials. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Lawfare Daily: CYBERCOM Legal Conference: The Role of the Private Sector in Conflict

It's Trump's Trials and Tribulations, New York Trial Dispatch, April 23. Benjamin Wittes sat down with Tyler McBrien and Anna Bower to discuss what happened in the courtroom today.
The podcast was edited by Ian Enright of Goat Rodeo. Our theme song is from Alibi Music. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Trump Trials and Tribulations: N.Y. Trial Dispatch (Apr. 23, 2024)

David Sanger has been writing for the New York Times since he graduated from college more than four decades ago. Over that period, Sanger has served as a business correspondent in Silicon Valley, the Times bureau chief in Japan, and has covered the last five presidents—which has given Sanger a front-row seat to U.S. foreign policy for much of the post-Cold War period. It is that experience that informs Sanger’s newest book, “New Cold Wars,” in which Sanger argues—relying on a voluminous and colorful set of interviews with administration officials—that the U.S. has entered two new military, technological, and economic conflicts with Russia and China.
Lawfare Research Fellow Matt Gluck spoke about the book with Sanger. They discussed how the United States slipped into these conflicts through misreading Chinese and Russian geopolitical intentions and how the U.S. is seeking to navigate this new era. They also discussed how close Biden administration officials believed Vladimir Putin was to using a nuclear weapon in the fall of 2022.
For more about David:His book “New Cold Wars”David's Twitter Page
 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. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Chatter: New Cold Wars with Journalist David Sanger

Ambassador Robert Lighthizer is the former United States Trade Representative in the Trump administration and the author of the 2023 book, “No Trade Is Free: Changing Course, Taking on China, and Helping America's Workers.” He sat down with Jack Goldsmith to talk about his work as Deputy U.S. Trade Representative under President Reagan, why extreme neoliberal trade policy took hold in the 1990s, his core philosophy on trade and how it departed from the 1990s neoliberal consensus, and the main ways he implemented this view in the Trump administration and with what results. They also discussed the importance of the U.S.-Mexico-Canada Agreement and why it was controversial, the extent to which the Biden administration adopted Lighthizer’s views on free trade, and the relationship between national security and trade policy. 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/c/trumptrials. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Lawfare Daily: Ambassador Robert Lighthizer on Trade Policy

It's Trump's Trials and Tribulations, New York Trial Dispatch, April 22. Tyler McBrien sat down with Benjamin Wittes and Anna Bower to discuss what happened in the courtroom today.
The podcast was edited by Ian Enright of Goat Rodeo. Our theme song is from Alibi Music. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Can the Speech or Debate Clause Shield Mike Pence from a Subpoena?

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