The Lawfare Podcast: Patreon Edition

Lawfare Senior Editor Anna Bower speaks with fellow Senior Editors Eric Columbus and Mike Feinberg about the fatal shooting of Renee Nicole Good by an ICE officer in Minneapolis. The discussion covers what is currently known about the incident and the conflicting accounts offered by DHS and the White House in contrast with bystander video. The panel also discusses DHS use-of-force policies, the federal government’s reported investigation of the shooting, and the legal framework governing state prosecutions of federal officers.

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Connecticut State Senator James Maroney and Neil Chilson, Head of AI Policy at the Abundance Institute, join Kevin Frazier, the AI Innovation and Law Fellow at the University of Texas School of Law and a Senior Editor at Lawfare, and Alan Rozenshtein, Associate Professor at Minnesota Law and Research Director at Lawfare, for a look back at a wild year in AI policy.

Neil provides his expert analysis of all that did (and did not) happen at the federal level. Senator Maroney then examines what transpired across the states. The four then offer their predictions for what se...

This week, Scott sat down with his Lawfare colleagues Benjamin Wittes, Natalie Orpett, and Molly Roberts for a special deep-dive into the intervention in Venezuela, including:

Senior Editor Michael Feinberg and Associated Press reporter Mary Clare Jalonik sit down to discuss Mary Clare’s oral history of the events of Jan. 6, “Storm at the Capitol.” The two reflect on their own experiences from that day, and try to puzzle out what lessons can be drawn from them five years later.

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In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Anna Bower, Scott Anderson, Michael Feinberg and Eric Columbus and Lawfare Associate Editor Katherine Pompilio to discuss the Supreme Court’s decision on President Trump’s domestic deployment of the National Guard in many cities, Jack Smith’s testimony in front of the House, developments in Kilmar Abrego Garcia’s case, a hearing in the arrest of Venezuelan President Nicolas Maduro and his wife, and moreYou can find information on legal challenges to Trump administration actions here. And check out Lawfare’s new homep...

Today is the fifth anniversary of the Jan. 6, 2021, attack at the U.S. Capitol. That day marked the beginning of a reckoning across the entirety of the U.S. government. How did this happen? What does it mean? And how do we stop it from happening again? 

On today's podcast, Executive Editor Natalie Orpett discusses how Congress has been responding to these questions with current and former Lawfare senior editors Eric Columbus, Quinta Jurecic, and Molly Reynolds. They talk about what Congress has done, what it hasn’t, and how we should understand the legacy of Jan. 6—so far...

During a live YouTube discussion on Jan. 4, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editor Scott R. Anderson, Foreign Policy Editor Dana Stuster, and Public Service Fellow Loren Voss to discuss what we know—and what we don’t know—about the legal issues raised by the U.S. strike on Venezuela and the capture of Venezuelan leader Nicolás Maduro. They spoke about what the administration's possible policy goals are in Venezuela, the potential legal justifications for the attack and capture of Maduro, and whether or not the United States is at war with Venezuela or...

From October 9, 2024: For today’s episode, Loyaan Egal, the Chief of the Enforcement Bureau at the Federal Communications Commission (“FCC”), sat down with Lawfare Senior Editor and General Counsel Scott R. Anderson and Lawfare Contributing Editor and Morrison Foerster partner Brandon Van Grack to discuss the FCC’s growing but often underappreciated role in advancing U.S. national security. 

They covered how the FCC’s mandate intersects with U.S. national security concerns, how the FCC is tackling cutting-edge issues ranging from undersea cables to artificial intelligence-enabled election interference, and what other national security challenges the FCC is looking out...

From September 30, 2024: New York Mayor Eric Adams is facing indictment in connection with a foreign influence scheme involving Turkey. It’s the latest in a long string of actions by the Justice Department to counter foreign efforts to interfere in the American political system. Lawfare Editor-in-Chief Benjamin Wittes sat down with Managing Editor Tyler McBrien, Senior Editor Quinta Jurecic, and Contributing Editor Brandon Van Grack to discuss the charges against Adams and the larger pattern of which they are a part.

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Today's Lawfare Daily is Lawfare's annual "Ask Us Anything" mailbag episode where Lawfare contributors answered listener-submitted questions.

Scott R. Anderson, Natalie Orpett, Benjamin Wittes, Kevin Frazier, Eric Columbus, Loren Voss, Molly Roberts, Jakub Kraus, Anna Bower, and Roger Parloff address questions on everything from presidential immunity to AI regulations to the domestic deployment of the military.

Thank you for your questions. And as always, thank you for listening.

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From April 16, 2024: Friday morning, the House of Representatives suddenly—after failing to do so earlier in the week—took up the reauthorization of FISA 702. They considered a bunch of amendments, one of which failed on a tie vote, and then proceeded to pass reauthorization of 702. 

Immediately after the votes, Lawfare Editor-in-Chief Benjamin Wittes spoke with Lawfare Senior Editors Stephanie Pell and Molly Reynolds, and Lawfare Student Contributor Preston Marquis. They talked about how the center beat the coalition of the left and right on the key question of warrant requirements for U.S. person queries, about whether the civil l...

From April 4, 2023: Russia’s invasion of Ukraine has tested the international legal order like never before. For many, the fact that a nuclear power and member of the U.N. Security Council would commit unveiled aggression against another state seemed like it might be the death knell of the international system as we know it. 

But last week, in the annual Breyer Lecture on International Law at the Brookings Institution, Oona Hathaway, the Gerard C. and Bernice Latrobe Professor of International Law at Yale Law School, argued that international law and institutions responded more robustly than many ini...

For the podcast’s annual end-of-year episode, Scott sat down with co-host emeritus Benjamin Wittes, Senior Editor Anna Bower, and Managing Editor Tyler McBrien to talk over listener-submitted topics and object lessons, including:

Senior Editor Michael Feinberg and Tom Brzozowski, formerly of the Justice Department, sit down to talk over recent changes set in motion by the White House and Justice Department with respect to domestic terrorism investigations and prosecutions, and sound a warning from history at how these changes hearken back to pre-Church Committee practices.

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In this episode, Ariane Tabatabai, Scott R. Anderson, and Loren Voss discuss the National Defense Authorization Act (NDAA) for Fiscal Year 2026. They take stock of how Congress is reasserting itself vis-a-vis the Trump administration on matters related to the national defense, as well as the NDAA’s key provisions. 

Relevant links:

From March 6, 2024: Executive branch constraints and the posture of the media have shifted in significant ways over the past two decades. Lyrissa Lidsky and Christina Koningisor, law professors at the University of Florida and the University of California San Francisco, respectively, argue in a forthcoming law review article that these changes—including the erosion of certain post-Watergate reforms and the decline of local news—have created a First Amendment disequilibrium. They contend that the twin assumptions of the press’s power to extract information and check government authority on the one hand, and the limitations on executive branch power on the o...

From January 2, 2025: You called in with your questions, and Lawfare contributors have answers! Benjamin Wittes, Kevin Frazier, Quinta Jurecic, Eugenia Lostri, Alan Rozenshtein, Scott R. Anderson, Natalie Orpett, Amelia Wilson, Anna Bower, and Roger Parloff addressed questions on everything from presidential pardons to the risks of AI to the domestic deployment of the military.

Thank you for your questions. And as always, thank you for listening.

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Every year, Lawfare publishes a retrospective of the year that passed. Today, we’re pleased to bring you an audio debrief of that article, The Year That Was: 2025, which you can read in full on our website starting December 31.

Lawfare is focused on producing timely, rigorous, and non-partisan analysis of “hard national security choices.” And this year, that work was—to use an expression as tired as we are—like drinking from a firehose. We did our best to keep up. We published more than 1,000 articles, podcasts, videos, research papers, and primary source documents. We did livestream round-ups and...

From October 18, 2017: If you were unsure about whether your hosts are geeks, this episode will help settle the question. But before we get to what Professors Chesney and Vladeck think they know but don’t really, here’s the stuff they actually do know something about!

First, the travel ban. Buckle up, there’s a new nationwide TRO, out of Hawaii, enjoining enforcement of most of Travel Ban 3.0.

Second, a double-shot of the Nashiri military commissions case. The Supreme Court denied cert., seemingly paving the way for that case to roll forward. But not so fast–al...

From September 19, 2024: On April 14, 2022, New York Times technology reporters Kate Conger and Ryan Mac woke up to a stunning four-word tweet from Elon Musk’s Twitter account: “I made an offer.” Having long covered the technology and social media beat, they read Musk’s terse post as the “unbelievable but inevitable culmination of two storylines we had pursued for a decade as journalists in Silicon Valley.”

On today’s episode, Lawfare Managing Editor Tyler McBrien spoke to Conger and Mac about the cloak-and-dagger corporate dealings that preceded the offer, as well as the drama that unfolded after the ink dried, w...

Loren Voss, Public Service Fellow at Lawfare, sits down with Kori Schake, senior fellow and the director of foreign and defense policy studies at the American Enterprise Institute, and Carrie Lee, senior fellow with the German Marshall Fund's Strategic Democracy Initiatives. They discuss how they assess a healthy civil-military relationship, the current state of civil-military affairs, potential unlawful orders, and what we should watch going forward.

Lee and Schake outline the frameworks they use to assess civil-military relations in the United States and how to think about unlawful orders and an “unprincipled principal.” Both Schake and Lee agree that...

In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Anna Bower, Molly Roberts, and Eric Columbus and Lawfare Public Service Fellow Loren Voss to discuss the government’s failure to re-indict New York Attorney General Letitia James, a jury finding Judge Hannah Dugan guilty of obstructing immigration agents, a legal challenge to the White House ballroom construction, 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.To receive ad-free podcasts, becom...

From November 20, 2023: Over the past few weeks, the country of Pakistan has pursued an aggressive wave of deportations targeting thousands of Afghan refugees, some of whom have been in Pakistan for generations. Many fear that this move will add to the already precarious and humanitarian situation facing Afghanistan. But the Taliban regime, for one, has reacted in a way few expected.

To talk through these refugee removals and their ramifications, Lawfare Senior Editor Scott R. Anderson sat down with Madiha Afzal, a Fellow in the Foreign Policy program at the Brookings Institution. They talked about the origins of...

From July 1, 2022: When a Russian missile recently struck a TV tower in Kyiv, near Babyn Yar, the site of Nazi mass murders during the Holocaust, some saw the attack as a potent symbol of the tragic occurrence of violence in Ukraine. To talk through the historical significance of the attack, Lawfare Managing Editor Tyler McBrien sat down with Maksym Rokmaniko, an architect, designer, entrepreneur, and director at the Center for Spatial Technologies in Kyiv, and Linda Kinstler, a PhD candidate in the rhetoric department at UC Berkeley.

In her recent New York Times essay, the Bloody Echoes o...

Lawfare Managing Editor Tyler McBrien sits down with SITU’s Deputy Director of Research Gauri Bahuguna, Detention Watch Network’s Advocacy Director Setareh Ghandehari, the American Immigration Council’s Policy Director Nayna Gupta, and Just Futures Law’s Executive Director Paromita Shah to discuss the rise of the immigration enforcement economy following the recent release of “Deportation, Inc.” a new video series from SITU and Lawfare. 

They talk about why the government outsources the critical immigration enforcement functions of deportation, interdiction, and deportation to the private sector, and how this system evolved into a multi-billion dollar industry.

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Lawfare Managing Editor Tyler McBrien sits down with Cristin Dorgelo, a former senior adviser for management at the Office of Management and Budget, and Rob Storch, who served as the inspector general of the Defense Department until the Trump administration fired him and many of his colleagues in January of this year. They discuss those firings, other Trump administration attacks on the offices of the inspector general, and various attempts by the administration to undermine oversight and evade accountability, all covered in a new report from the Center on Budget and Policy Priorities called “Trump Administration’s Undercutting of Oversight Hurts...

This week, Scott down with his Lawfare colleagues Alan Rozenshtein and Ari Tabatabai to talk through a few of the week’s big national security news stories, including:

Lawfare Senior Editor Alan Rozenshtein speaks with Scott Anderson, Senior Editor at Lawfare, fellow in Governance Studies at the Brookings Institution, and non-resident senior fellow in the National Security Law Program at Columbia Law School, who recently wrote a report about how social media platforms should handle unrecognized regimes like the Taliban. They discuss how social media platforms responded to the Taliban's takeover of Afghanistan in 2021; the divergent approaches of Meta, YouTube, and X toward sanctioned entities and governmental accounts; the international law concepts of recognition and de facto authority; a proposed "de facto authorities rule" that would allow platforms...

At the start of the full-scale invasion of Ukraine, Russia held clear naval superiority in the Black Sea. Over the course of the war, Ukraine has developed an asymmetric maritime strategy using unmanned surface vehicles (USVs), achieving strategic effects against a superior naval force.

Ukraine has largely shifted from importing complete drone systems to assembling them domestically using foreign components, with China remaining a key supplier of many critical parts. What is more, Ukraine is now preparing to export its drones internationally.

In this episode, Katsiaryna Shmatsina, Eurasia Fellow at Lawfare, sits down with Cat...

On this month’s minipod, Lawfare Associate Editor for Communications Anna Hickey talks to Director of the National Security Law Program at Georgetown University Todd Huntley about how service members determine whether an order from a superior officer is unlawful and who the final arbiter of whether an order is unlawful is.

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In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Anna Bower, Molly Roberts, and Eric Columbus and Lawfare Public Service Fellow Loren Voss to discuss next week's contempt hearings in J.G.G. v. Trump, the release of Kilmar Abrego Garcia from ICE custody, domestic deployments litigation, and moreYou 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.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also supp...

From May 16, 2022: Today, Lawfare and Goat Rodeo released the first two episodes of Allies, a podcast series that traces the U.S.’s efforts to protect Afghan interpreters, translators and other partners through the Special Immigrant Visa (SIV) program. That effort culminated in the U.S. evacuation from Afghanistan in August 2021, when thousands of the U.S.’s local partners were left behind. In seven episodes, Allies will take listeners through the decade-long effort to honor America’s promises to its Afghan partners.

Episode 1: “Faithful and Valuable Service” opens at the Kabul airport this past August, where the failur...

From November 16, 2024: Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editors Scott Anderson, Alan Rozenshtein, and Quinta Jurecic and Executive Director of the Institute for Constitutional Advocacy and Protection Mary McCord about Donald Trump's picks for his Cabinet and senior-level administration positions, including Matt Gaetz as attorney general and Pete Hegseth as secretary of defense, the possibility of Trump using the recess appointment power, and more.

Editor’s note: During a discussion of Robert F. Kennedy, Jr.’s nomination to head the Department of Health and Human Services, we mentioned a 2019 outbreak of measles in Polynesia. The outbrea...

At 10 am ET on Dec. 11, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editor Scott R. Anderson; Lawfare Foreign Policy Editor and Director of the Warfare, Irregular Threats, and Terrorism Program at CSIS Daniel Byman; and Director of Foreign and Defense Policy Studies at AEI Kori Schake to discuss the Trump administration’s 2025 National Security Strategy. They talked about its emphasis on immigration as a national security threat and its implications for U.S. foreign policy.

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News of a U.S. attack on a boat off the coast of Venezuela—which included a second strike on survivors of the first—has raised new concerns about the administration’s operations against alleged drug traffickers. Legal analysts, including some at Lawfare, call the second strike clearly unlawful. So why did the U.S. military agree to follow the order?

On today’s episode, Executive Editor Natalie Orpett discusses the roles and responsibilities of military personnel with Frank Rosenblatt, a professor at MC Law and a former U.S. Army Lt. Col and Judge Advocate General in the U...

This week, Scott sat down with Lawfare Managing Editor Tyler McBrien and Contributing Editor Alex Zerden to talk through a few of the week’s big national security news stories, including:

Susannah Glickman, an assistant professor of history at Stony Brook University who specializes in the political economy of computation and information, sat down with Lawfare Associate Editor Olivia Manes to discuss the role of defense tech in the second Trump administration. Susannah unpacked her recent article in the New York Review of Books tracing the historical relationship between tech, defense, and the U.S. government, and explained how defense tech firms which have benefitted from U.S. industrial policy are now undermining it for the sake of short-term profits. 

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Wikipedia is more than an encyclopedia. It’s a key part of the internet’s information infrastructure—shaping what people know, what AI models learn, and what the public sees as true. But in an era of geopolitical conflict, AI disruption, and fracturing trust, Wikipedia has come under attack.

In this episode, Renée DiResta talks with Wikipedia founder Jimmy Wales about his new book, “The Seven Rules of Trust,” and about how Wikipedia has managed to remain one of the most trusted sites on the internet. They explore the principles that helped build that trust and the outside...

In a live conversation on YouTube, Lawfare Executive Editor Natalie Orpett sat down with Lawfare Senior Editors Anna Bower, Michael Feinberg, Molly Roberts, Roger Parloff and Eric Columbus and Lawfare Contributing Editor James Pearce to discuss the arrest of a suspect in the attempted bombing on Jan. 6, 2021, a hearing in NPR’s lawsuit over the Trump administration cutting its funding, where the prosecutions of Letitia James and James Comey stand, 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.To receive...

From January 24, 2023: In 2019, investigative journalist and photographer Lynzy Billing went to Afghanistan to investigate a very personal story: her own past. In the process, she discovered what she came to call a classified war, one with lines of accountability so obscured that no one had to answer publicly for operations that went wrong.

Lawfare managing editor Tyler McBrien sat down with Lynzy to talk through her four-year investigation, published last month in ProPublica. They discussed Afghanistan's shady Zero Units and their relationship with the CIA, the traumatic ripple effects caused by this lack of accountability, and wh...

From April 5, 2024: A new report from the POPVOX Foundation focuses on a little-known and hugely under-appreciated congressional effort: that of congressional staffers helping Afghan allies flee the country during the U.S. withdrawal from Afghanistan. Lawfare Executive Editor Natalie Orpett sat down with the report’s author, Anne Meeker. They talked about what staffers did to help, the challenges they faced, and how the experience exposed both weaknesses and strengths in how Congress functions. 

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On Dec. 5, the European Commission announced that they are fining X (formerlly Twitter) 120 million euros for impersonation scams with “verification,” broken advertising transpaency system, and blocking researchers from its platform. On a Lawfare Live, Lawfare Senior Editor Kate Klonick and Lawfare Contributing Editor Renee DiResta analyzed the decision, what happens next, and how this fits into the geopolitical struggle over free speech.

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Caleb Withers, a researcher at the Center for a New American Security, joins Kevin Frazier, the AI Innovation and Law Fellow at the University of Texas School of Law and a Senior Editor at Lawfare, to discuss how frontier models shift the balance in favor of attackers in cyberspace. The two discuss how labs and governments can take steps to address these asymmetries favoring attackers, and the future of cyber warfare driven by AI agents. Jack Mitchell, a student fellow in the AI Innovation and Law Program at the University of Texas School of Law, provided excellent research assistance...

New START, the last bilateral nuclear arms control treaty between the United States and Russia, will expire in February 2026 if Washington and Moscow do not reach an understanding on its extension—as they have signaled they are interested to do. What would the end of New START mean for U.S.-Russia relations and the arms control architecture that had for decades contributed to stability among great powers?

Lawfare Public Service Fellow Ariane Tabatabai sits down with John Drennan, Robert A. Belfer International Affairs Fellow in European Security, at the Council on Foreign Relations, and Matthew Sharp, Fe...

This week, Scott sat down with his Lawfare colleagues Benjamin Wittes, Natalie Orpett and Eric Ciaramella to talk through the week’s big national security news stories, including:

Veteran legal journalist Reynolds Holding, author of "Better Judgment: How Three Judges Are Bringing Justice Back to the Courts," and U.S. District Judge Jed Rakoff, one of the judges featured in his book, sit down with Lawfare Senior Editor Roger Parloff to discuss the role of district judges in our justice system. They also discuss the attacks those judges are enduring today from the Department of Justice, the White House, Congress, and even members of the U.S. Supreme Court.

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For today's episode, Lawfare Foreign Policy Editor Daniel Byman sits down with Seth Jones, the President of the Defense and Security Department at the Center for Strategic & International Studies to discuss Seth's new book about the U.S and Chinese industrial bases, "The American Edge: The Military Tech Nexus and the Sources of Great Power Dominance."

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Rear Admiral (Ret.) Mark Montgomery is the Senior Director of the Center on Cyber and Technology Innovation at the Foundation for Defense of Democracies. He spent 32 years in the Navy as a nuclear-trained surface warfare officer, retiring as a rear admiral in 2017. After leaving the Navy, Admiral Montgomery worked as policy director for the Senate Armed Services Committee during Senator John McCain's chairmanship, and as Executive Director of the Cyberspace Solarium Commission, a congressionally created commission directed to “develop a consensus on a strategic approach to defending the United States in cyberspace against cyber attacks of significant consequences.” 

In...

From November 19, 2024: Lawfare Associate Editor Olivia Manes sat down with with Marlene Laruelle, a Research Professor of International Affairs and Political Science at The George Washington University, and Director of GW's Illiberalism Studies Program, to discuss the financial, ideological, and historical connections between the American far-right and Russia. Marlene discussed the distinction between confluence and influence, white supremacist notions of a "pan-white" nation embodied by Russia, the role of the Russian Orthodox Church in fostering connections, and more.

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From November 26, 2024: 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 funct...

From October 18, 2024: Following Ukrainian President Volodymyr Zelensky’s speech to the Ukrainian Parliament outlining his victory plan, Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Ukraine Fellow Anastasiia Lapatina and Eric Ciaramella of the Carnegie Endowment for International Peace. They talked about the components of the plan, the reaction from the United States and other allies, and what the plan says about the state of Ukraine's war effort.

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From November 25, 2024: At a recent conference co-hosted by Lawfare and the Georgetown Institute for Law and Technology, Georgetown law professor Paul Ohm moderated a conversation on "AI Regulation and Free Speech: Navigating the Government’s Tightrope,” between Lawfare Senior Editor Alan Rozenshtein, Fordham law professor Chinny Sharma, and Eugene Volokh, a senior fellow at Stanford University's Hoover Institution.

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Lawfare Ukraine Fellow Anastasiia Lapatina and Eric Ciaramella of the Carnegie Endowment for International Peace join Editor in Chief Benjamin Wittes to discuss the last week's machinations surrounding a potential Russia-Ukraine peace deal. What is the actual American position? Is the United States abandoning Ukraine? Or is it now backing off the 28-point document it reportedly put together with Russian negotiators?

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Lawfare Editor-in-Chief Benjamin Wittes talks with Executive Editor Natalie Orpett and Senior Editor Michael Feinberg about their recent Lawfare article examining a little-noticed piece of legislation that was slipped into the deal to end the government shutdown—one that gives senators a civil right of action to sue the U.S. government when their phone or metadata is accessed without notice, with a payout of $500,000 per “instance.”

They discuss the potential consequences of the law for surveillance, separation of powers, and the relationship between Congress and law enforcement. It’s not just about senators getting paid, though the pote...

At 4 pm ET, Lawfare Executive Editor Natalie Orpett will sit down with Lawfare Senior Editor Roger Parloff and Lawfare Contributor James Pearce to discuss a judge dismissing the indictments against both former FBI Director James Comey and New York Attorney General Letitia James, ruling that Lindsey Halligan was not properly appointed to served as U.S. Attorney for the Eastern District of Virginia.

You can also watch the conversation on YouTube.

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On this month’s minipod, Lawfare Associate Editor for Communications Anna Hickey talks to Michigan State University Law Professor Brian Kalt about how seriously we should take President Trump’s threats to run for a 3rd term and who would have standing to challenge the effort.

Read his article in The Atlantic here.

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In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Molly Roberts, Roger Parloff and Eric Columbus and Lawfare Public Service Fellow Loren Voss to discuss a judge ordering the Trump administration to end the National Guard deployment in D.C., updates in the prosecutions of Letitia James and James Comey, a hearing in Kilmar Abrego Garcia’s civil case, 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.To receive ad-free p...

From April 13, 2023: A few weeks ago, China made headlines for brokering a deal between Iran and Saudi Arabia to thaw diplomatic relations after seven years of cutting ties and even more years of tense relations. Since then, we've already begun to see some downstream effects of this deal, with significant movement on the war in Yemen and the reopening of Iran's embassy in Saudi Arabia.

This is a story with two major strands—one about the potential effects of a successful normalization between Saudi Arabia and Iran, and another about how China, and not the U.S., se...

From August 16, 2023: On July 18, Michigan Attorney General Dana Nessel unveiled criminal charges against 16 people—the “fake electors” from that state who featured in Trump’s effort to hold onto power in 2020. Just a few weeks later, a special counsel in Michigan announced additional charges related to the 2020 election, this time against three people who allegedly accessed voting machines in the state without authorization. So if you’ve been tracking developments when it comes to accountability for misconduct surrounding the 2020 election, it’s best not to take your eye off Michigan.

To discuss, Lawfare Senior Editor Quinta Jurecic sat down with Clara...

For today’s episode, Lawfare Senior Editor Scott R. Anderson sits down with Joel Braunold, Managing Director of the S. Daniel Abraham Center for Middle East Peace and a Lawfare contributing editor, and Ambassador Jeffrey Feltman, the John C. Whitehead Visiting Fellow in International Diplomacy at the Brookings Institution, who previously served as Undersecretary General for Political Affairs at the United Nations as well as the Assistant Secretary of State for Near Eastern Affairs, among other senior U.S. diplomatic positions.

They discuss Resolution 2803, which the U.N. Security Council adopted earlier this week to endorse and help i...

At 4pm ET on Nov. 19, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Molly Roberts, Anna Bower, and Roger Parloff to discuss two court hearings that occurred that day. First they discussed the hearing in the prosecution of James Comey. Then they briefly discussed the hearing in J.G.G. v. Trump, over potential contempt proceedings against the government concerning actions taken surrounding the deportation of some El Salvador immigrants to CECOT.

This episode is a part of Lawfare’s new livestream series, Lawfare Live: The Now. Subscribe to Lawfare on Substack or...

Lawfare Ukraine Fellow Anastasiia Lapatina has written two recent articles for Lawfare on energy and the Ukraine war. The first deals with the ongoing Russian attacks on the Ukrainian civilian power grid—attacks which actually interfered with the recording of this very podcast. The second details an ongoing corruption scandal rocking the Ukrainian political system, emerging from an alleged kickback scheme in the energy sector. Lapatina sits down with Benjamin Wittes to talk about the current power outage affecting her ability to record, the Russian strikes, the Ukrainian strikes against Russia, and the most significant corruption scandal to affect President Vo...

This week, Scott sat down with his Lawfare colleagues Anna Bower, Michael Feinberg, and Roger Parloff to talk through the week’s big domestic news stories, including:

Benjamin Wittes sits down with Emily Hoge, a historian at Clemson University, who has written a pair of pieces for Lawfare recently about Russian mobsters and the war in Ukraine. They’re getting out of prison in exchange for service at the front. Some of them are surviving their service there and returning home by way of reward—and the Russian crime rate is skyrocketing as a result. Is all of this altering the Russian social contract, which promised to make the violence of the 1990s a thing of the past in exchange to submission to Vladimir Putin’s rule?

Hosted...

Senior Editor Anna Bower speaks with Lawfare Public Service Fellow Michael Feinberg and Senior Editor Eric Columbus about the extraordinary actions taken by the Justice Department and Congress in response to calls for the release of investigative files related to Jeffrey Epstein. The discussion covers the DOJ’s unusual “review” of the Epstein files, Congress’s oversight role, proposed legislation aimed at compelling the release of these materials, and the department’s newly announced probe into prominent Democrats with alleged ties to Epstein.

Listeners can read Editor-in-Chief Benjamin Wittes’s column on the Epstein files here. Wittes’s writing on “...

In a live conversation on YouTube, Lawfare Executive Editor Natalie Orpett sat down with Lawfare Senior Editors Anna Bower, Roger Parloff and Eric Columbus and Lawfare Public Service Fellow Loren Voss to discuss an update in the Georgia prosecution of President Trump, a hearing on whether Lindsey Halligan was lawfully appointed as U.S. attorney, a district court barring the deployment of National Guard to Portland, 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.To receive ad-free podcasts, becom...

From August 9, 2024: On today's episode, Lawfare's Fellow in Technology Policy and Law Eugenia Lostri speaks with Senior Privacy Engineer at Netflix and former Army Reserve intelligence officer, Lukas Bundonis. They talked about the relationship between law enforcement and tech companies, what that relationship looks like in the U.S. and other countries, and the different ways in which that communication can be politicized.

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From November 29, 2023: Unless you’ve been living under a rock, you’ve probably heard a great deal over the last year about generative AI and how it’s going to reshape various aspects of our society. That includes elections. With one year until the 2024 U.S. presidential election, we thought it would be a good time to step back and take a look at how generative AI might and might not make a difference when it comes to the political landscape. Luckily, Matt Perault and Scott Babwah Brennen of the UNC Center on Technology Policy have a new report out on...

Anton Korinek, a professor of economics at the University of Virginia and newly appointed economist to Anthropic's Economic Advisory Council; Nathan Goldschlag, Director of Research at the Economic Innovation Group; and Bharat Chander, Economist at Stanford Digital Economy Lab, join Kevin Frazier, the AI Innovation and Law Fellow at the University of Texas School of Law and a Senior Editor at Lawfare, to sort through the myths, truths, and ambiguities that shape the important debate around the effects of AI on jobs. 

They discuss what happens when machines begin to outperform humans in virtually every computer-based task, h...

This week, Scott sat down with his Lawfare colleagues Natalie Orpett, Eric Columbus, and Molly Roberts, to talk through the week’s big national security news stories, including:

In this episode, Michael Feinberg interviews Fareed Zakaria, whose book “Age of Revolutions” has just been issued with a new afterword in light of the return of the Trump Administration. The two discuss intellectual, cultural, and populist revolutions from history and what those events have to teach us about our current political moment.

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Lawfare Senior Editors Kate Klonick and Alan Rozenshtein talk to Columbia law professor Tim Wu about this new book, “The Age of Extraction: How Tech Platforms Conquered the Economy and Threaten Our Future Prosperity.” 

The book is the final part of what Wu calls his trilogy—building on his prior best selling books “The Master Switch” and “Attention Merchants.” Klonick and Rozenshtein speak with Wu about how he sees the platforms as evolving in the 15 years since he started this series and what he sees as the future solution set for the problems that have developed out of the early promise...

From September 23, 2024: Lindsay Chervinsky is the Executive Director of the George Washington Library at Mount Vernon. She is also the author of a much celebrated new book on the John Adams presidency that is focused primarily on the national security decision-making of the second president and how it set norms for the conduct of the presidency and its powers with which we still live today. She sat down with Lawfare Editor-in-Chief Benjamin Wittes to talk about how Adams defended presidential power while it was under assault by both his Jeffersonian foes and the radicals of his own Federalist party.

Ho...

In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Anna Bower, Molly Roberts, Roger Parloff and Eric Columbus to discuss the criminal trial of the man who threw a sandwich at a federal immigration officer in D.C., a hearing in the prosecution of James Comey, litigation over the conditions of an immigration detention center in Illinois, 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.To receive ad-free podcasts, bec...

From January 22, 2024: There is much debate among academics and policy experts over the power the Constitution affords to the president and Congress to initiate military conflicts. But as Michael Ramsey and Matthew Waxman, law professors at the University of San Diego and Columbia, respectively, point out in a recent law review article, this focus misses the mark. In fact, the most salient constitutional war powers question—in our current era dominated by authorizations for the use of military force—is not whether the president has the unilateral authority to start large-scale conflicts. Rather, it is the scope of Congress’s autho...

From November 6, 2024: For today’s special episode, Lawfare General Counsel and Senior Editor Scott R. Anderson held a series of conversations with contributors to a special series of articles on “The Dangers of Deploying the Military on U.S. Soil” that Lawfare recently published on its website, in coordination with our friends at Protect Democracy.

Participants include: Alex Tausanovitch, Policy Advocate at Protect Democracy; Laura Dickinson, a Professor at George Washington University Law School; Joseph Nunn, Counsel in the Liberty and National Security Program at the Brennan Center; Chris Mirasola, an Assistant Professor at the University of Houston La...

In a live conversation on November 5, Lawfare Senior Editor Scott R. Anderson sat down with Lawfare Contributing Editor Peter Harrell and Georgetown Law Professors Marty Lederman and Kathleen Claussen to discuss what occurred during oral arguments in the legal challenge to President Trump’s tariffs at the Supreme Court and how the justices may rule.

This episode is a part of Lawfare’s new livestream series, Lawfare Live: The Now. Subscribe to Lawfare on Substack or YouTube to receive an alert for future livestreams.

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On today’s episode, Lawfare Managing Editor Tyler McBrien sits down with Joseph Kellner, an assistant professor of history at the University of Georgia to discuss his latest book, “The Spirit of Socialism: Culture and Belief at the Soviet Collapse,” which examines the millions of Soviet people who embarked on a “spirited and highly visible search for new meaning” during the dissolution of the U.S.S.R.

They discuss the questions of epistemic authority, of cultural identity, and of history's ultimate meaning that drove people to seek new spiritual meaning during this period, as well as the era’s many...

This week, Scott sat down with co-hosts emeritus Benjamin Wittes and Alan Rozenshtein, and Senior Editor Kate Klonick, to talk through the week’s big national security news stories, including:

In this episode, Lawfare’s Ukraine Fellow Anastasiia Lapatina sits down with Francis Farrell, a front line reporter at the Kyiv Independent, to discuss the looming fall of Pokrovsk, the recent transformations of the front line, and whether Ukraine can ever give up Donbas, per Russia’s demand.

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On today’s episode, Lawfare Senior Editor Kate Klonick sits down with NYU law professor Rick Pildes to discuss his article, “Political Fragmentation in Democracies in the West,” which was featured in a  New York Times opinion column by Thomas Edsall on the link between smartphone and social media use and threats to democracy.

The two discuss the admittedly sprawling topic from a historical perspective—comparing the impact of the internet to that of the printing press, the radio, and cable television on social orders. But they also discuss how this technology that once held such promise for democracy is n...

In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Contributor Marty Lederman, Public Service Fellow Loren Voss, and Senior Editors Scott R. Anderson, Roger Parloff and Eric Columbus to discuss the Supreme Court’s handling of the legal challenge to the federalization of the National Guard in Chicago, James Comey’s motions to dismiss the indictment against him, ongoing politicization at the Department of Justice, litigation over the Trump administration’s attempt to suspend SNAP during the government shutdown, and so much more.You can find information on legal challenges to Trump administration actions here...

From July 18, 2024: On today’s episode, Matt Gluck, Research Fellow at Lawfare, spoke with Michael Beckley, Associate Professor of Political Science at Tufts, and Arne Westad, the Elihu Professor of History at Yale.

They discussed Beckley’s and Westad’s articles in Foreign Affairs on the best path forward for the U.S.-China strategic relationship—in the economic and military contexts. Beckley argues that in the short term, the U.S. should focus on winning its security competition with China, rather than significant engagement, to prevent conflict. Westad compares the current moment to the period preceding World War I...

From August 27, 2024: On today’s episode, Sherri Goodman, the Secretary General of the International Military Council on Climate & Security and the first Deputy Undersecretary of Defense (Environmental Security) joins Lawfare Managing Editor Tyler McBrien to talk about Sherri’s new book, “Threat Multiplier: Climate, Military Leadership, and the Fight for Global Security.”

They discuss Sherri’s career in climate security, beginning at the Senate Armed Services Committee before “climate security” entered the lexicon. From there, they trace Sherri’s career educating a generation of military leaders about the nexus between climate change and national security and coining the phrase “threat...

Alan Rozenshtein, Senior Editor at Lawfare, speaks with Brett Goldstein, Special Advisor to the Chancellor on National Security and Strategic Initiatives at Vanderbilt University; Brett Benson, Associate Professor of Political Science at Vanderbilt University; and Renée DiResta, Lawfare Contributing Editor and Associate Research Professor at Georgetown University's McCourt School of Public Policy.

The conversation covers the evolution of influence operations from crude Russian troll farms to sophisticated AI systems using large language models; the discovery of GoLaxy documents revealing a "Smart Propaganda System" that collects millions of data points daily, builds psychological profiles, and generates resilient p...

This week, Scott sat down with his Lawfare colleagues Public Service Fellow Ari Tabatabai and Managing Editor Tyler McBrien to talk through the week’s big news in national security, including:

On today’s episode, Lawfare Managing Editor Tyler McBrien sits down with Quico Toro, global opinion columnist at the Washington Post and Director of Climate Repair at the Anthropocene Institute, to talk about his new book, “Charlatans: How Grifters, Swindlers, and Hucksters Bamboozle the Media, the Markets, and the Masses,” which he wrote with his co-author, Moisés Naím.

They discuss what defines a charlatan, the cognitive biases they exploit to take people in, and how technological and societal changes have made charlatanism one of today’s most urgent crises.

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Katsiaryna Shmatsina, Eurasia Fellow at Lawfare, sits down with Gabrielius Landsbergis, former Lithuanian Foreign Minister (2020–2024), now a visiting fellow at Stanford University, and Vytis Jurkonis, Associate Professor at Vilnius University and Director of Freedom House’s Lithuania office.

They discuss Lithuania’s response to Russia’s full-scale invasion of Ukraine, including shifts in security policy, public sentiment, and military readiness. The conversation covers regional defense, U.S.–Lithuania relations, NATO’s role, and growing concerns about possible escalation into the Baltic region. They also reflect on Lithuania’s path from Soviet occupation to independence and its integration into NATO and...

Sarah Powazek, Director of the Public Interest Cybersecurity Program at UC Berkeley’s Center for Long-Term Cybersecurity, and Michael Razeeq, Nonresident Fellow at the Public Interest Cybersecurity Program, join Lawfare’s Justin Sherman to discuss the cyber threats facing states, what options and resources states currently have to address cybersecurity problems, and how the concept of state cyber corps and volunteer programs fits into the picture. They also discuss how states can stand up a cyber corp or volunteer program, including recruiting and retaining talent; the impact of federal workforce and spending cuts on states’ cybersecurity capacities; and what future...

On this month’s minipod, Lawfare Associate Editor for Communications Anna Hickey talked to Lawfare Public Service Fellow Loren Voss about the state of play of the litigation over the federalization and domestic deployments of the National Guard across the country.

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In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Contributor James Pearce and Senior Editors Scott R. Anderson, Molly Roberts, Roger Parloff and Eric Columbus to discuss the arraignment of Letitia James, legal challenges to the appointments of Lindsey Halligan and Alina Habba to be U.S. attorneys, litigation over the federalization and deployment of National Guard, and so much 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.To receive ad-free podcasts, bec...

From April 24, 2024: The annual U.S. Cyber Command (USCYBERCOM) Legal Conference convenes lawyers across government and the private sector working on cyber issues. This year’s conference focused on the power of partnerships. Executive Editor Natalie Orpett moderated a panel, titled “The Business of Battle: Navigating the Role of the Private Sector in Conflict,” featuring Jonathan Horowitz of the International Committee for the Red Cross, Laurie Blank of the Defense Department’s Office of the General Counsel, and Adam Hickey of the law firm Mayer Brown. They talked about how government and private sector actors bring different frames of reference and diff...

From June 5, 2023: It's been about six months since the attorney general issued new guidelines on compulsory process to members of the press in criminal and national security investigations, and two officials of the Reporters Committee for Freedom of the Press—Bruce Brown and Gabe Rottman—wrote a detailed analysis of the document in two parts for Lawfare. 

Rottman joined Lawfare Editor-in-Chief Benjamin Wittes to go through the document carefully: the long history that led to it, the shifting policies that have gotten more restrictive over the years since the Supreme Court ruled in Branzburg v. Hayes, the ramp-up of...

California State Senator Scott Wiener, author of Senate Bill 53—a frontier AI safety bill—signed into law by Governor Newsom earlier this month, joins Alan Rozenshtein, Associate Professor at Minnesota Law and Research Director at Lawfare, and Kevin Frazier, AI Innovation and Law Fellow at the University of Texas School of Law and a Senior Editor at Lawfare, to explain the significance of SB 53 in the large debate about how to govern AI.

The trio analyze the lessons that Senator Wiener learned from the battle of SB 1047, a related bill that Newsom vetoed last year, explore SB 53’s key pr...

Katsiaryna Shmatsina, Eurasia Fellow at Lawfare, is joined by Beverly Ochieng, senior security analyst at Control Risks and non-resident expert at the Center for Strategic and International Studies (CSIS), to examine how external powers compete for influence in Africa—and how African states are responding.

They discuss the shifting priorities of the second Trump administration, including a “trade not aid” approach, stricter visa policies, and growing pressure on African governments to accept irregular migrants deported from the U.S.

The conversation explores the evolving strategies of key players—the U.S., China, and Russia—alongside the rising...

This week, Scott sat down with his Lawfare colleagues Senior Fellow Eric Columbus, Ukraine Fellow Anastasiia Lapatina, and Public Service Fellow Loren Voss to talk through the week’s big news in national security, including:

For today's episode, Lawfare Foreign Policy Editor Daniel Byman sits down with Holly Berkley Fletcher, a former senior CIA Africa analyst, to discuss the recent coup in Madagascar and the death of Kenyan opposition leader and political giant, Raila Odinga. 

They discuss the reasons for the coup and how Madagascar's neighbors might respond. Berkley Fletcher also explained Odinga's legacy and how his death might change Kenya. 

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In a Lawfare Live, The Now on October 20, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editor Anna Bower to discuss her article about how interim U.S. Attorney Lindsey Halligan reached out to her on Signal—and the conversation that followed.

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In this episode, Lawfare’s Ukraine Fellow Anastasiia Lapatina sits down with Eric Ciaramella, a senior fellow at the Carnegie Endowment for International Peace, and Mykhailo Soldatenko, a scholar of international law and a doctoral candidate at Harvard Law School, to discuss the latest meeting between Donald Trump and Volodymyr Zelensky, armed neutrality for Ukraine, and how Ukraine can nudge the ongoing peace negotiations in its favor.

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In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Public Service Fellows Loren Voss and Michael Feinberg and Senior Editors Roger Parloff and Eric Columbus to discuss the legal challenges to the National Guard deployment in Chicago, the indictment of John Bolton, a judge preventing the firing of federal employees during the government shutdown, and so much 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.

Hosted on Acast. See acast.com/privacy fo...