The Lawfare Podcast

From March 12, 2019: As the nation braces for the forthcoming end of special counsel Robert Mueller's investigation into President Trump and his associates, The Lawfare Podcast decided to take a look back at the complete history of special prosecutors.Benjamin Wittes sat down with Andrew Coan, a professor of law at the James E. Rogers College of Law at the University of Arizona. Coan recently published "Prosecuting the President," which traces the history of how special prosecutors and counsels work to keep the executive branch accountable for its actions. Ben and Andrew discussed the book, the Teapot Dome Scandal, the Whiskey Ring, and what all of that might mean for the future of special counsels.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.

Molly Reynolds, Senior Fellow at Brookings and Senior Editor at Lawfare, sits down with Mike Stern, a lawyer specializing in congressional legal issues and former Senior Counsel to the U.S. House of Representatives, and Donald Sherman, Executive Director and Chief Counsel at CREW, to discuss the Senate confirmation process and expectations for congressional oversight in the 119th Congress. They discuss the tools available to the Senate now and after the start of the new Congress in January, legal questions related to President-elect Trump’s potential plans for recess appointments, and what issues related to congressional oversight to watch next year.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.

Rachel Shelden is Associate Professor of History and Director of the Richards Civil War Center at Penn State University. She joined David Priess to talk about the disputed presidential election of 1876 and how the political system found a way to avoid widespread violence and another civil war while resolving it in 1877. They discussed Abraham Lincoln's huge impact on kids growing up in Illinois, the status of Reconstruction by 1876, US political culture in the late 19th century, Rutherford Hayes and Samuel Tilden, what happened on election day and night, how Congress handled contradictory election returns from three states, the creation and operation of the special commission created to resolve the issue, how Hayes won, what we can take away from 1876-77, and the importance of Constitutional creativity and flexibility.Works mentioned in this episode:"Americans worry about 2020 being another 2000, but the real worry is another 1876," by Rachel Shelden and Erik B. Alexander, Washington Post, October 20, 2000.Washington Brotherhood by Rachel Shelden (2013)Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by 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.

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?”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.