Lawfare Daily: The Litigation Challenging Pres. Trump's Alien Enemies Act, with Lee Gelernt

From September 12, 2024: Without new congressional authorization for its post-Oct. 7 operations in the Middle East, the Biden administration has sought to legally justify its military activities in the region based on the president’s constitutional authority and the application of existing statutory authorities to operations against new adversaries. These executive branch arguments are the outgrowth of similar arguments presidential administrations have made over the last few decades, largely related to the requirements in the War Powers Resolution. The International Crisis Group recently analyzed these arguments and related issues in a new report, “Bending the Guardrails: U.S. War Powers after 7 October.” Tyler McBrien and Matt Gluck of Lawfare spoke with Brian Finucane, a senior adviser for the U.S. Program at the International Crisis Group and an author of the report, and Matthew Waxman, a professor at Columbia Law School, about the Crisis Group’s report. They discussed the history relevant to the current war powers moment, how the Biden administration has continued to justify its operations without new legislative authority, and the possibility of war powers legal reform 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.

On today's Scaling Laws episode, Lawfare Senior Editor and Research Director Alan Rozenshtein sits down with Pam Samuelson, the Richard M. Sherman Distinguished Professor of Law at the University of California, Berkeley, School of Law, to discuss the rapidly evolving legal landscape at the intersection of generative AI and copyright law. They dive into the recent district court rulings in lawsuits brought by authors against AI companies, including Bartz v. Anthropic and Kadrey v. Meta. They explore how different courts are treating the core questions of whether training AI models on copyrighted data is a transformative fair use and whether AI outputs create a “market dilution” effect that harms creators. They also touch on other key cases to watch and the role of the U.S. Copyright Office in shaping the debate.Mentioned in this episode:"How to Think About Remedies in the Generative AI Copyright Cases," by Pam Samuelson in LawfareAndy Warhol Foundation for the Visual Arts, Inc. v. GoldsmithBartz v. AnthropicKadrey v. Meta PlatformsThomson Reuters Enterprise Centre GmbH v. Ross Intelligence Inc.U.S. Copyright Office, Copyright and Artificial Intelligence, Part 3: Generative AI TrainingFind Scaling Laws on the Lawfare website, and subscribe to never miss an episode.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.

On today’s episode, Lawfare Managing Editor Tyler McBrien sits down with with Maia Woluchem, the Director of Data & Society’s Trustworthy Infrastructures program, along with one of the program’s researchers, Livia Garofalo, and Joan Mukogosi, an affiliate with the program and a PhD candidate at the London School of Economics. They discuss their recent research trips across Pennsylvania, where they learned about the state’s industrial histories and futures, as well as the immediate and potential future impacts of the nascent AI data center industry.Read more on the work of Data & Society’s Trustworthy Infrastructures program here: “Digital Infrastructures, Material Consequences: A Road Trip Through Pennsylvania’s Industrial Histories and Technological Futures”“In Pennsylvania, a Nuclear Revival for an Uncertain AI Future”“Data Centers Aren’t the Future of American Prosperity”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.

For this week's very special episode on Rational Security's 10th anniversary, Scott sat down with a slew of co-hosts emeritus, each of whom brought their own topic to discuss.Shane Harris flagged the connections between online radicalization and the young men behind many recent public acts of gun violence, including the alleged perpetrator of the Charlie Kirk killing;Benjamin Wittes insisted we are STILL not talking enough about Russian drone incursions and other forms of gray zone warfare in Eastern Europe;Quinta Jurecic brought some statistics about the success (or not) of the Trump administration's federalization of law enforcement in D.C. (and elsewhere) that are worth contemplating; andAlan Rozenshtein asked how it can still be true that no one but him seems to care about the Trump administration blatantly disregarding the TikTok ban.In object lessons, Shane is basking in the glory of HBO’s “Somebody Somewhere”—partly because his buddy Jeff Hiller just won an Emmy for his role in it. Ben praises Adam Boehler—and even Donald Trump—for helping secure Elizabeth Tsurkov’s release. Alan is definitely not using this opportunity to use Pacific Rim for his object lesson—really—instead recommending fantasy mystery “The Tainted Cup,” by Robert Jackson Bennett. Scott takes us into orbit with Samantha Harvey’s “Orbital,” a lyrical meditation on life and reflection in space. And Quinta dives into the future with “Empire of AI,” by Karen Hao, a deeply reported look at OpenAI and its role in shaping the technology’s trajectoryLast call to help us celebrate Lawfare’s 15th anniversary! Get your tickets now to join us this Friday, 9/19, to hear from some of your favorite Lawfare people past and present, take a look back on the key moments that have shaped our first 15 years, and get a sneak peek into what’s coming next.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.

For today's episode, Senior Editor Scott R. Anderson sits down with Dan Byman, Senior Fellow at the Center for Strategic and International Studies; Joel Braunold, Managing Director of the S. Daniel Abraham Center for Middle East Peace; and Natan Sachs, Senior Fellow at the Middle East Institute, to discuss several recent developments in the Israel-Hamas conflict and the broader region.Together, they discuss Israel's latest offensive in Gaza, its decision to launch airstrikes against Hamas's leadership in Qatar, and Benjamin Netanyahu's recent meeting with Secretary of State Marco Rubio—and what it all says about his (and Donald Trump's) vision for a new regional order.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.

Lee Gelernt, Deputy Director of the ACLU's Immigrants' Rights Project, speaks to Senior Editor Roger Parloff about the cases he has led challenging the validity of Pres. Trump's Alien Enemies Act Proclamation.They discuss the ACLU's recent victory in the U.S. Court of Appeals for the Fifth Circuit and the status of the group's original case, in Washington, D.C., including its attempt to inquire into whether Executive Branch officials defied court orders. 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.

In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Scott Anderson, Anna Bower, Eric Columbus, and Roger Parloff and Lawfare Public Service Fellow Michael Feinberg to discuss the Supreme Court staying a lower court order that prevented the firing of Rebecca Slaughter as FTC Commissioner, a federal appeals court upholding E. Jean Carroll’s judgement, Fed. Governor Lisa Cook’s lawsuit challenging President Trump’s attempt to fire her, the politicization of the FBI and its impact on investigations like the search for Charlie Kirk’s shooter, and more.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.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From June 3, 2024: Rachel Rizzo, a nonresident senior fellow at the Atlantic Council’s Europe Center, joins Lawfare Managing Editor Tyler McBrien to talk about last month’s NATO Youth Summit. Building off of her chapter “NATO, Public Opinion, and the Next Generation: Remaining Relevant, Remaining Strong,” in the 2021 book, “NATO 2030: Towards a New Strategic Concept and Beyond,” Rizzo discusses what NATO thinks of Gen Z and Millennials, the many efforts the Alliance is making to pitch to them its relevance and purpose, and the ways in which NATO could better integrate youth voices into discussions about the Alliance’s future. She also explains how and why Gen Z and Millennial views on NATO, foreign policy, and America’s changing role in the world differ from older generations. And yes, they even discuss Taylor Swift and Olivia Rodrigo.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.

From September 27, 2022: In just under a week, on October 2, Brazil will hold the first round of its general election, which will determine the country's next president. To talk through all things Brazilian politics, Lawfare managing editor Tyler McBrien sat down with Brian Winter, editor-in-chief of Americas Quarterly and a journalist with over a decade of experience living and reporting across Latin America. They discussed the leading candidates, Jair Bolsonaro and Luiz Inácio Lula da Silva, the potential election crisis, and what's at stake as Brazilians head to the polls on Sunday.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.

Steven Adler, former OpenAI safety researcher, author of Clear-Eyed AI on Substack, and independent AGI-readiness researcher, joins Kevin Frazier, AI Innovation and Law Fellow at the University of Texas School of Law and Senior Fellow at Lawfare, to assess the current state of AI testing and evaluations. The two walk through Steven’s views on industry efforts to improve model testing and what he thinks regulators ought to know and do when it comes to preventing AI harms.Thanks to Leo Wu for research assistance!Find Scaling Laws on the Lawfare website, and subscribe to never miss an episode.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.