The Lawfare Podcast: Patreon Edition

From April 1, 2024: In early February, the European Union approved a major overhaul of its immigration laws. If approved by EU member states, the pact will drastically curtail the rights of migrants and asylum seekers entering the European Union. It’s part of a trend we’re seeing all over the world, including here in the U.S.  Lawfare Executive Editor Natalie Orpett sat down with Steve Meili, Professor of International Human Rights Law at University of Minnesota Law School. They discussed the EU Pact’s new provisions, why critics are calling them a violation of human rights law, and how asylum and migration law is evolving globally.  Hosted on Acast. See acast.com/privacy for more information.

From January 25, 2023: Judge Robert McBurney of the Superior Court of Fulton County held a hearing on Tuesday to decide whether or not to release the Fulton County Special Grand Jury's report on 2020 election interference in Georgia. Lawfare's Fulton County correspondent Anna Bower was in the room live-blogging the matter, and Lawfare editor-in-chief Benjamin Wittes caught up with her right after the hearing to talk it through. Why did the district attorney argue that the report should continue to be sealed for now? What were the media organizations’ arguments, and which way was Judge McBurney leaning? Is the report going to become public? And if so, when?  Hosted on Acast. See acast.com/privacy for more information.

Information about the recent protests in Iran and the regime's brutal crackdown are only starting to come to light, having been severely limited by the internet shutdown over the past few weeks. The picture that is emerging is horrifying: Thousands and possibly tens of thousands have been killed by regime security forces. In this episode, Lawfare Public Service Fellow Ariane Tabatabai talks to Nate Swanson and Iria Puyosa of the Atlantic Council to make sense of what has been going on in Iran and the U.S. response. Hosted on Acast. See acast.com/privacy for more information.

This week, Scott sat down with his Lawfare colleagues Molly Roberts, Michael Feinberg, and Troy Edwards to talk through the week’s big warrant-related national security news, including:“Tulsi Went Down to Georgia, She Was Looking for a Vote to Steal.” This past week, the FBI executed a warrant to search Fulton County’s election center for ballots and equipment related to the 2020 election, with the help of an unlikely senior administration official: Director of National Intelligence Tulsi Gabbard, who was reportedly there in-person at the order of President Trump. Observers are concerned that the search is the beginning of a broader effort to relitigate the 2020 election—especially as Trump calls for Republicans in Congress to “nationalize elections” in advance of the November mid-terms. What do we know about the legal basis for this search? And what does it tell us about what the Trump administration has planned for November?“I Hear the Jury’s Still Out on the Fourth Amendment.” Over the past week, whistleblowers have revealed that ICE has issued a series of internal memos to agents advising that they do not need judicial warrants to detain or search the homes of people suspected of being undocumented immigrants. Instead, ICE has attempted to side-step the regular judicial process by suggesting that agents only need an administrative warrant, a controversial move that will almost certainly be challenged in court. What do we think of ICE’s decision to shift to such a legally dubious policy, and where do we expect it to go from here?“Ex Post Justification.” Last month, the FBI conducted a search on the home of Washington Post reporter Hannah Natanson as part of an investigation into alleged leaks by a Defense Department contractor. During the search, agents seized Natanson’s personal and professional devices, which drew concern from media outlets and civil liberty groups over potential First Amendment and privacy violations. A magistrate judge has now ordered that the FBI cannot access Natanson’s materials at least for now, while some of these issues are litigated. How should federal law enforcement balance the need to conduct leak investigations with press freedoms? And is this case on the right side of the line?In object lessons, sometimes all you can do is cry: Molly is remembering better days for the Washington Post and mourning the fall of a once-great paper. Sometimes all you can do is get lost in the music: Mike is celebrating the still-great Miles Davis with the long-awaited release of The Complete Miles Davis Live at the Plugged Nickel 1965 on vinyl. Sometimes all you can do is laugh: Scott is delighting in his former State Department colleague’s new Substack, Ridiculocracy. And sometimes, all you can do is wear something fabulous: Troy is modeling the new wardrobe must-have for the “Government in Exile.” Hosted on Acast. See acast.com/privacy for more information.

On today's podcast, Executive Editor Natalie Orpett speaks with Lawfare Senior Editor Scott R. Anderson about the recently announced U.S. plan to take possession of Venezuelan oil, sell it on the world market, and hold the revenue from those sales in accounts based in Qatar. Scott and Lawfare Contributing Editor Alex Zerden recently published an article in Lawfare digging into the complexities of the plan. Scott and Natalie talk through them all—what exactly this plan is, how it’s supposed to work, why Qatar is involved, and all the many challenges in play. Hosted on Acast. See acast.com/privacy for more information.