The Lawfare Podcast - podcast cover

The Lawfare Podcast

The Lawfare Institutewww.lawfareblog.com

The Lawfare Podcast features discussions with experts, policymakers, and opinion leaders at the nexus of national security, law, and policy. On issues from foreign policy, homeland security, intelligence, and cybersecurity to governance and law, we have doubled down on seriousness at a time when others are running away from it. Visit us at www.lawfareblog.com.

Support this show http://supporter.acast.com/lawfare.

Hosted on Acast. See acast.com/privacy for more information.

Episodes

Lawfare Daily: Cybersecurity Challenges and Opportunities

For today's episode,  Lawfare  Foreign Policy Editor Daniel Byman interviewed Michael Sulmeyer, who was the top Defense official for all aspects of cyber policy in the Biden administration. Sulmeyer discusses the cyber threat landscape, different roles and missions, how Artificial Intelligence might be leveraged, and the key role of allies in cyberdefense, among other issues. To receive ad-free podcasts, become a  Lawfare  Material Supporter at  www.patreon.com/lawfare ....

Apr 25, 202532 min

Lawfare Daily: Ideological Exclusions and Deportations with Julia Rose Kraut

On today’s episode, Julia Rose Kraut, author of the book “ Threat of Dissent: A History of Ideological Exclusion and Deportation in the United States ,” joins  Lawfare  Managing Editor Tyler McBrien to talk about that book, originally published in 2020, and how it can help us make sense of the Trump administration’s recent immigration and deportation policies.  They discussed how ideological exclusions and deportations present a unique intersection of immigration and First Amendme...

Apr 24, 202553 min

Rational Security: “The More You DOGE” Edition

This week, Scott sat down with his Lawfare colleagues Anna Bower, Tyler McBrien, and Kevin Frazier to talk through the week’s big national security news, including: “Aliens vs. Predators.” Despite forceful legal pushback—including by the U.S. Supreme Court—the Trump administration is working hard to continue its campaign to remove foreign aliens it accuses of pursuing a “predatory incursion” from the country using the Alien Enemies Act. How far will it go? And to what extent can the courts (or a...

Apr 23, 20251 hr 22 min

Lawfare Daily: Mikhail Zygar on Putin, the Russia-Ukraine War, and Press Freedom

On today's episode, Mikhail Zygar, a renowned Russian journalist living in exile in the U.S., the author of multiple books on Vladimir Putin, and the author of The Last Pioneer substack, joined Lawfare Associate Editor Olivia Manes to discuss his experience as the founder of one of the last independent Russian media channels, TV Rain. They talked about the incentives underlying Putin's actions in Ukraine, how the Russian president has clamped down on independent journalism, global disi...

Apr 23, 202550 min

Lawfare Daily: Chris Hughes on His New Book, ‘Marketcrafters’

Chris Hughes, author of “ Marketcrafters ” and co-founder of the Economic Security Project, joins Kevin Frazier, AI Innovation and Law Fellow at Texas Law and Contributing Editor at Lawfare , to discuss his book and its implications at a time of immense economic uncertainty and political upheaval. The duo explore several important historical case studies that Chris suggests may have lessons worth heeding in the ongoing struggle to direct markets toward the public good. To receive ad-free podcast...

Apr 22, 202542 min

Lawfare Daily: The Trials of the Trump Administration, April 18

On April 18 at 4 pm ET, Lawfare Editor-in-Chief Benjamin Wittes sits down with Lawfare Senior Editors Anna Bower, Quinta Jurecic, and Roger Parloff and Lawfare Legal Fellow James Pearce to discuss the status of the civil litigation against President Trump’s executive actions, including Judge Boasberg's finding of probable cause for contempt in the Alien Enemies Act case. Support this show http://supporter.acast.com/lawfare . Hosted on Acast. See acast.com/privacy for more information....

Apr 21, 20252 hr 34 min

Lawfare Archive: 'The President Who Would Not Be King'

From January 26, 2021: Jack Goldsmith sat down with Michael McConnell, the Richard and Frances Mallery Professor and director of the Constitutional Law Center at Stanford Law School, a senior fellow at the Hoover Institution and the author of the new book, " The President Who Would Not Be King: Executive Power Under the Constitution ." They discussed McConnell's textual historical approach to interpreting presidential power under Article II of the U.S. Constitution, the many novel elements of ex...

Apr 20, 202555 min

Lawfare Archive: The Israeli Judicial System on the Brink

From March 6, 2023: Amichai Cohen and Yuval Shany are both Israeli legal scholars and longtime  Lawfare  contributors. Shany is a professor of international law at the Hebrew University Law School in Jerusalem. Cohen is a professor at Ono Academic College. They are both scholars at the Israel Democracy Institute, and together they are also co-authors of a six-part series in  Lawfare  about the ongoing effort by the Israeli government to alter the Israeli judicial sy...

Apr 19, 202553 min

Lawfare Daily: Trump's Attack on Law Firms

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 se...

Apr 18, 202550 min

Lawfare Daily: Roger Parloff and Anna Bower Talk Abrego Garcia

On April 15, Judge Paula Xinis 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. 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  ...

Apr 17, 202543 min

Lawfare Daily: Mexican Cartels and American Guns

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 freelanc...

Apr 16, 202547 min

Lawfare Daily: Daniel Kokotajlo and Eli Lifland on Their AI 2027 Report

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 celebrati...

Apr 15, 202538 min

Lawfare Daily: The Trials of the Trump Administration, April 11

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...

Apr 14, 20252 hr 30 min

Lawfare Archive: The Shadow Docket

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 Cour...

Apr 13, 20251 hr 8 min

Lawfare Archive: The Hidden Alliance Between Tech and Government

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 di...

Apr 12, 202539 min

Lawfare Daily: The Golden Dome Missile Defense Program

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. To receive ad-free podcasts, become a  Lawfare  Material Supporter at  www.patreon.com/l...

Apr 11, 202529 min

Rational Security: The "Humphrey's Executor's Executor" Edition

This week, Scott sat down with co-hosts emeritus Benjamin Wittes, Quinta Jurecic and  Lawfare 's new senior legal fellow James Pearce to talk through the week's biggest national security news stories, including: “Midnight Planes Going Anywhere.” The Supreme Court has weighed in on the Trump administration’s decision to quickly fly dozens of Venezuelan nationals to El Salvador with little to no meaningful process, holding that those detained had to be provided notice and an opportunity to ch...

Apr 10, 20251 hr 17 min

Lawfare Daily: What French Politics Means for Europe and the United States

On today's episode, Executive Editor Natalie Orpett spoke with Tara Varma, a fellow at the Brookings Institution, about the latest in French politics. On March 31, far-right leader Marine Le Pen was convicted of embezzlement and banned from politics, though polling showed her in the lead for the 2027 presidential elections. In the last few weeks, current French president Emmanuel Macron has been carving out a place for French leadership amidst the upheaval in Europe’s relationship with the Unite...

Apr 10, 202559 min

Lawfare Daily: Climate Security During the Trump Administration

Lawfare  Associate Editor for Communications Anna Hickey spoke to Director of the Center for Climate Security Erin Sikorsky about the omission of climate change from the Annual Threat Assessment, Director of National Intelligence Tulsi Gabbard’s testimony in front of Congress, and the national security risks of climate change. Read Sikorsky’s  article here . To receive ad-free podcasts, become a  Lawfare  Material Supporter at  www.patreon.com/lawfare . You can also supp...

Apr 09, 202531 min

Lawfare Daily: Trump’s New Global Tariffs and the Court Fights to Come, with Peter Harrell and Jennifer Hillman

For today’s episode, Lawfare General Counsel and Senior Editor Scott R. Anderson sat down with Lawfare Contributing Editor Peter Harrell, who was previously Senior Director for International Economics on the National Security Council, and Professor Jennifer Hillman of the Georgetown University Law Center, a former member of the WTO’s appellate body and senior U.S. trade official, to discuss the new global tariffs that President Trump imposed last week and the legal fight that is beginning to eme...

Apr 08, 20251 hr 3 min

Lawfare Daily: The Trials of the Trump Administration, April 6

In a  live conversation on  April 4,  Lawfare  Senior Editor Scott R. Anderson sat down with  Lawfare  Senior Editors Anna Bower and Roger Parloff,  Lawfare  Legal Fellow James Pearce, and Georgetown professor Steve Vladeck to discuss the status of the civil litigation against President Trump’s executive actions, including the deportation of individuals to an El Salvador prison, the federal funding freeze, the targeting of law firms, and more. Support this...

Apr 07, 20251 hr 25 min

Lawfare Archive: Government Use of Open-Source Information

From January 26, 2024: In front of a live audience at the Knight Foundation's INFORMED conference in Miami, Florida,  Lawfare  Editor-in-Chief Benjamin Wittes spoke with Hon. Kenneth L. Wainstein, Under Secretary for Intelligence and Analysis at the Department of Homeland Security; Jameel Jaffer, Executive Director of the Knight First Amendment Institute at Columbia University; and  Lawfare  Senior Editor Quinta Jurecic about government surveillance of open source social medi...

Apr 06, 202556 min

Lawfare Archive: Weaponizing the Dollar with Saleha Mohsin

From March 20, 2024: Since World War II, the United States and its currency, the dollar, have come to play a central role in the broader global economy. And in recent decades, policymakers have used this role as a weapon, cutting off access to malign actors and punishing those who act contrary to U.S. national security interests. But cultivating such primacy has proven to be a double-edged sword, with more complicated ramifications for many Americans.  In her new  book  “Paper Sol...

Apr 05, 202554 min

Lawfare Daily: Hillary Hartley and David Eaves on 18F, Its Origin, Legacy, and Lesson

Hillary Hartley, the former Chief Digital Officer of Ontario and former Co-Founder and Deputy Executive Director at 18F, and David Eaves, Associate Professor of Digital Government and Co-Deputy Director of the Institute for Innovation and Public Purpose at University College London, join Kevin Frazier, AI Innovation and Law Fellow at Texas Law and Contributing Editor at Lawfare , to discuss the recent closure of 18F, a digital unit within the GSA focused on updating and enhancing government tech...

Apr 04, 202542 min

Lawfare Daily: Escalation, Episode One: Chicken Kyiv

For today’s episode, we’re bringing you the opening episode of our podcast Escalation . Escalation is a multi-part narrative podcast hosted by Lawfare Managing Editor Tyler McBrien and Ukraine Fellow Anastasiia Lapatina. Escalation lays bare the stakes of the Russo-Ukrainian War through powerful storytelling and compelling voices. It reveals forgotten promises and fragile alliances that have shaped the U.S.-Ukraine relationship and how the decisions of policymakers in Washington, Kyiv, and Mosco...

Apr 03, 202539 min

Rational Security: The “Space Base Oddity” Edition

This week, Scott joined his Lawfare colleagues Natalie Orpett and Eric Ciaramella to talk through the week’s big national security news, including: “In Mother Russia, Sometimes Bear Poke You.” Discussions over a possible broader ceasefire in Ukraine—beyond the temporary (and limited) energy and Black Sea ceasefire agreements last week—appear to have ground to a halt over Russian demands. Many observers suspect this is simply a stalling technique by Russian President Vladimir Putin, as Russia pre...

Apr 02, 20251 hr 15 min

Lawfare Daily: Why Public Health is Critical to National Security

Atul Gawande is a surgeon and a public health expert. He's also the former head of global health at the U.S. Agency for International Development (USAID), an agency that the Trump administration has prioritized for dismantling since its first day in office. On today's episode, Executive Editor Natalie Orpett sat down with Gawande to discuss what USAID does, the consequences of destroying it, and why public health is so important to U.S. national security. Editor's Note:  This episode was re...

Apr 02, 202556 min

Lawfare Daily: Adam Thierer on the AI Regulatory Landscape

Adam Thierer, Senior Fellow for the Technology & Innovation team at R Street, joins Kevin Frazier, the AI Innovation and Law Fellow at the UT Austin School of Law and a Contributing Editor at Lawfare , to review public comments submitted in response to the  Office of Science and Technology Policy’s Request for Information  on the AI Action Plan. The pair summarize their own comments and explore those submitted by major labs and civil society organizations. They also dive into recen...

Apr 01, 202538 min

Lawfare Daily: The Trials of the Trump Administration, March 28

On March 28, Lawfare Editor-in-Chief Benjamin Wittes will sit down with Lawfare Senior Editors Scott Anderson, Anna Bower, and Roger Parloff, Lawfare Contributing Editor James Pearce, and former ACLU National Legal Director David Cole to discuss the status of the civil litigation against President Trump’s executive actions, including the deportation of individuals under the Alien Enemies Act, the detention of Mahmoud Khalil, and the targeting of law firms. Support this show http://supporter.acas...

Mar 31, 20252 hr 30 min

Lawfare Archive: War Powers and the Latest U.S. Intervention in Yemen with Brian Finucane, Jack Goldsmith, and Matt Gluck

From January 30, 2024: U.S. military operations against Houthi rebels in Yemen have escalated rapidly in recent weeks, culminating in a number of major strikes aimed at degrading their ability to threaten Red Sea shipping traffic. But the war powers reports the Biden administration has provided to Congress are raising questions about how it is legally justifying this latest military campaign.  To discuss the burgeoning conflict in Yemen and what it might mean for war powers,  Lawfare &...

Mar 30, 20251 hr 5 min