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The Lawfare Podcast

Lawfare Archive: The Legislative Dog That Hasn’t Barked

The Lawfare Podcast

The Lawfare Institute

Military, Intelligence, International Law, Constitutional Law, Rule Of Law, Politics, International Relations, News, Government, History, Diplomacy, Terrorism, National Security, Current Events, Law, Foreign Policy

4.76.2K Ratings

🗓️ 27 April 2025

⏱️ 51 minutes

🧾️ Download transcript

Summary

From April 11, 2022: The period after Watergate and President Nixon's resignation saw an unprecedented barrage of congressional efforts at reforming the executive branch. The period after Donald Trump's departure from office has seen no comparable spree of legislative action—at least not yet. In a recent Lawfare article, Quinta Jurecic and Andrew Kent explored the disparity and the reasons for it, and they analyzed whether any of the legislative reforms that have been so far proposed have any prospect of passage. They joined Benjamin Wittes to talk about why things are so different today than they were in the late 1970s, what happened in that period and whether Congress will actually be able to do anything now.

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Transcript

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0:00.0

The following podcast contains advertising.

0:04.4

To access an ad-free version of the Lawfare podcast, become a material supporter of Lawfare at

0:11.5

patreon.com slash lawfare. That's patreon.com slash lawfare.

0:18.2

Also, check out Lawfare's other podcast offerings, Rational Security, Chatter, Lawfare No Bull,

0:26.9

and The Aftermath.

0:31.9

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1:03.9

Ecosia. Real change, no fath. I'm Carolyn Quintan, I'm Carolyn Quintan intern out Lawfare with an episode from the Lawfare Archive for April 27, 2025.

1:28.1

In his first term, President Donald Trump tested the limits of executive power, threatening

1:32.9

norms such as investigatory independence.

1:36.3

Since his second term began, Trump has once more asserted an expansive view of presidential

1:41.1

power, claiming authority to violate statutes passed by Congress and appearing

1:46.1

to defy court orders. For today's archive episode, I selected an episode from April 11, 2012,

1:53.8

in which Benjamin Wittes, Quinta Jurecic, and Andrew Kent compared the flurry of congressional

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