In recent weeks, President Trump has embarked on a campaign of extortion against law firms, pushing major firms to either reach agreements with the White House or face executive orders in retribution. A number of major firms have chosen to negotiate—agreeing to deals that are already under pressure as the White House seeks to extract more. Four firms—Perkins Coie, Jenner & Block, WilmerHale, and Susman Godfrey—have chosen to fight retaliatory executive orders in court and have secured temporary restraining orders against the administration.

John Keker and Bob Van Nest joined the podcast to discuss these events. They’re partners at the firm Keker, Van Nest & Peters, and—along with their fellow partner Elliot Peters—published an op-ed in the New York Times urging law firms to stand up for themselves. In conversation with Lawfare Senior Editor Quinta Jurecic, they discussed why the Trump administration’s efforts pose such a threat to the rule of law and shared their insights into the dynamics inside law firms right now, what pressures might move a firm to capitulate, and what the firms that have chosen to fight are risking in the process.

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On April 15, Judge Paula held a hearing in the case of Kilmar Abrego Garcia, the man deported by accident to a notorious prison in El Salvador. Lawfare Senior Editors Roger Parloff and Anna Bower covered the hearing live and debriefed on it with Editor-in-Chief Benjamin Wittes immediately afterwards.

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The Supreme Court recently held oral arguments in the case of Mexico v. Smith & Wesson, a groundbreaking case brought by the government of Mexico that seeks to hold U.S. gun manufacturers accountable for cartels' use of American weapons to perpetrate violence in Mexico. On today's episode, Executive Editor Natalie Orpett talked with Jonathan Lowy, an attorney at Global Action on Gun Violence, who represents the government of Mexico in the suit, and Chantal Flores, a freelance journalist who has focused on Mexican cartels and has written about the case. They discussed the flow of U.S.-made guns into Mexico, how it relates to cartel violence, and the complicated legal and policy context around Mexico’s case.

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Daniel Kokotajlo, former OpenAI researcher and Executive Director of the AI Futures Project, and Eli Lifland, a researcher with the AI Futures Project, join Kevin Frazier, AI Innovation and Law Fellow at Texas Law and Contributing Editor at Lawfare, to discuss what AI may look like in 2027. The trio explore a report co-authored by Daniel that dives into the hypothetical evolution of AI over the coming years. This novel report has already elicited a lot of attention with some reviewers celebrating its creativity and others questioning its methodology. Daniel and Eli tackle that feedback and help explain the report’s startling conclusion—that superhuman AI will develop within the next decade.

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In a live conversation on April 11, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Anna Bower, Quinta Jurecic, and Roger Parloff, Lawfare Legal Fellow James Pearce, and Lawfare contributor James Pearce to discuss the status of the civil litigation against President Trump’s executive actions, including the April 11 hearing on the removal of Kilmar Abrego Garcia, the Supreme Court’s decisions in Abrego Garcia’s case and the Alien Enemies Act case, the targeting of law firms, and more.

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From May 16, 2023: In recent years, the Supreme Court's non-merits “shadow docket” has become a topic of contestation and controversy, especially the Court's emergency orders rulings on issues ranging from immigration to abortion to Covid-19 restrictions.

To discuss these issues, Jack Goldsmith sat down with Stephen Vladeck, the Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law, who is the author of a new book entitled, “The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic.” They discussed the origins of the contemporary shadow docket in some 1973 emergency orders related to the bombing of Cambodia, why the Court’s shadow docket has grown in prominence in recent years, what's wrong with the shadow docket, and how to fix it.

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From March 8, 2024: The practice of surveillance capitalism—the widespread private collection and commodification of personal data—is well understood. Less well understood is the extent to which the U.S. government purchases this data in the commercial marketplace to use it for intelligence and law enforcement purposes.

Byron Tau, when he was a reporter with The Wall Street Journal, did more than anyone to bring this practice to public light. Jack Goldsmith sat down recently with Tau to discuss his new book on the topic, “Means of Control: How the Hidden Alliance of Tech and Government is Creating a New American Surveillance State.” They discussed how the private broker market works, why the government is able to purchase bulk private data with relatively few legal restrictions, and the threat to privacy and civil liberties that inheres in the practice. They also discussed why this form of data is so important to the government and the prospects for reform of the relatively unregulated practice.

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For today's episode, Lawfare Foreign Policy Editor Daniel Byman interviewed Tom Karako, the Director of the Missile Defense Program at CSIS, to discuss the Trump administration's missile defense proposals known as "Golden Dome." Karako explains the purpose of Golden Dome, its feasibility and cost, the likely reactions of China and Russia, and what realistic success would look like.

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