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From November 26, 2024: Lawfare Editor-in-Chief Benjamin Wittes sits down with Chris Mirasola, Assistant Professor of Law at the University of Houston Law Center, to discuss the legal and practical considerations surrounding a president’s ability to deploy the military at the U.S. southern border, particularly in light of President-elect Trump’s recent endorsement of “declar[ing] a national emergency” in order to “use military assets” for “a mass deportation program.” They discuss the implications of a national emergency declaration for immigration enforcement, the existing legal framework and historical context, and concerns about using the National Guard in a law enforcement function. They also talk about the logistics of building detention facilities, the Insurrection Act as a significant legal tool that could expand military authority in domestic contexts, and more.

For more on this topic, read Chris’s recent Lawfare article, “How Can Trump Deploy the Military at the Southern Border?” You can watch a video version of this conversation here. 

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Lawfare Editor-in-Chief Benjamin Wittes talks with Executive Editor Natalie Orpett and Senior Editor Michael Feinberg about their recent Lawfare article examining a little-noticed piece of legislation that was slipped into the deal to end the government shutdown—one that gives senators a civil right of action to sue the U.S. government when their phone or metadata is accessed without notice, with a payout of $500,000 per “instance.”

They discuss the potential consequences of the law for surveillance, separation of powers, and the relationship between Congress and law enforcement. It’s not just about senators getting paid, though the potential price tag is staggering. It’s about whether a broad, retroactive, and loosely defined cause of action undermines critical investigative tools and erodes the integrity of national security and criminal investigations.

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At 4 pm ET, Lawfare Executive Editor Natalie Orpett will sit down with Lawfare Senior Editor Roger Parloff and Lawfare Contributor James Pearce to discuss a judge dismissing the indictments against both former FBI Director James Comey and New York Attorney General Letitia James, ruling that Lindsey Halligan was not properly appointed to served as U.S. Attorney for the Eastern District of Virginia.

You can also watch the conversation on YouTube.

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On this month’s minipod, Lawfare Associate Editor for Communications Anna Hickey talks to Michigan State University Law Professor Brian Kalt about how seriously we should take President Trump’s threats to run for a 3rd term and who would have standing to challenge the effort.

Read his article in The Atlantic here.

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From April 13, 2023: A few weeks ago, China made headlines for brokering a deal between Iran and Saudi Arabia to thaw diplomatic relations after seven years of cutting ties and even more years of tense relations. Since then, we've already begun to see some downstream effects of this deal, with significant movement on the war in Yemen and the reopening of Iran's embassy in Saudi Arabia.

This is a story with two major strands—one about the potential effects of a successful normalization between Saudi Arabia and Iran, and another about how China, and not the U.S., seems to have made it happen. To understand what all of this might mean for the region, Lawfare Associate Editor Hyemin Han talked to Lawfare Senior Editor Scott Anderson and CNAS Middle East Security Program Director Jonathan Lord about the contours of the deal, China's involvement in the process, and what to look out for as this deal ripens.

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