The Lawfare Podcast

From August 18, 2023: Listeners of this podcast are probably familiar with Molly Reynolds’s work on Congress. She’s a Senior Fellow at Brookings and a Senior Editor at Lawfare—and she has a new report out at Brookings, with Naomi Maehr, on “How partisan and policy dynamics shape congressional oversight in the post-Trump era.” Molly and her team have collected an enormous amount of data over the years about how Congress conducts oversight, and the report is a thought-provoking overview of what the legislature got up to during the 117th Congress.
Today on the show, Lawfare Senior Editor Quinta Jurecic talked with Molly about her report and what patterns she’s found in oversight from the 116th Congress through today. For fans of the Jan. 6 Committee’s work, they also discussed that committee’s investigation and what it does and doesn’t tell us about congressional investigations going forward.
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Kevin Frazier, Director of the AI Innovation and Law Program at the University of Texas School of Law and a senior editor at Lawfare, speaks with Roberto Tallarita, assistant professor at Harvard Law School, about Anthropic's recently filed s-1 and its experiment in corporate governance. They discuss its current status as a public benefit corporation, its decision to create and empower a body of financially disinterested trustees, and its current unique class structure. Drawing on Tallarita’s research on stakeholder governance and unequal voting rights, the two also discuss what would make a commitment to safety precautions durable even when in stark tension with profit.
Tallarita lays out some of his thoughts on what could come next for Anthropic in his recent article “Profit and Mission in Anthropic’s IPO.” Frazier also has recently written an analysis of Anthropic’s post-IPO governance.
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On Monday, Nov. 9, at 3:30 p.m. ET, in light of explosive allegations about Nvidia CEO Jensen Huang, Lawfare Senior Editors Kate Klonick and Michael Feinberg sat down on Substack Live to discuss the role of seduction in intelligence gathering and how the public should think about the growing scandal.
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In a conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes will sit down with Senior Editors Molly Roberts, Roger Parloff, Anna Bower, and Eric Columbus to discuss the latest litigation over Trump administration policies. Topics include D.C. and Virginia’s suit to block construction of the triumphal arch, the Ahmed Soliman case, the politicization of the Justice Department, election litigation in California and Alaska, Trump’s defamation suit against the Wall Street Journal, and more.
Find Lawfare’s litigation tracker here.

You can find information on legal challenges to Trump administration actions here. And check out Lawfare’s new homepage on the litigation, new Bluesky account, and new WITOAD merch.

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From November 17, 2022: American democracy might look healthier in light of last week's midterms, but there's still a lot of skepticism across the political spectrum about how it's doing. From the right, would-be authoritarians cast doubt on elections and on the very idea of liberal democracy. But even those who reject this authoritarian impulse are frequently uncomfortable with the messiness of democratic politics, instead preferring an anti-politics of technocratic decision-making.
Jedediah Purdy, a law professor at Duke Law School, wants to defend democracy from its critics and its skeptics. In his new book, “Two Cheers for Politics: Why Democracy Is Flawed, Frightening—and Our Best Hope,” he argues that democratic renewal is both desirable and, most importantly, possible. Lawfare senior editor Alan Rozenshtein sat down with Jed to talk about the book, get his thoughts about the state of American democracy, and chart the path toward a healthier democratic future.

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