As the 2024 presidential election approaches, a vital question is whether the legal architecture governing the election is well crafted to prevent corruption and abuse. In their new book, “ How to Steal a Presidential Election ,” Lawrence Lessig and Matthew Seligman argue that despite the Electoral Count Reform Act of 2022, serious abuse of the presidential election rules remains a live possibility. Jack Goldsmith sat down with Lessig to learn why. They discussed the continuing possibility ...
Mar 04, 2024•57 min
This week on Rational Security , Quinta and Scott were joined by Molly Reynolds and (a prerecorded) Anna Bower to talk through some of the week’s big national security news, including: “The Shutdown Rut.” Congress once again has the government on the verge of a shutdown. And while Speaker of the House Mike Johnson has reportedly committed to avoiding one, demands from within his caucus may make that hard—just as they continue to obstruct a path forward for the national security supplemental...
Mar 03, 2024•1 hr 15 min
It's another episode of “Trump's Trials and Tribulations,” recorded on February 29 in front of a live audience on YouTube and Riverside. Lawfare Senior Editor Scott R. Anderson sat down with Lawfare Senior Editors Quinta Jurecic and Roger Parloff, Lawfare Courts Correspondent and Legal Fellow Anna Bower, and Lawfare Editor-in-Chief Benjamin Wittes to talk about the Supreme Court's decision to hear Trump's presidential immunity claim and how much the D.C. trial may be delayed. They also...
Mar 02, 2024•1 hr 24 min
From May 26, 2020: On Wednesday, NASA and the SpaceX Corporation are scheduled to send astronauts back into outer space from U.S. soil for the first time since the U.S. space shuttle program ended in 2011. The launch promises to kick off a new era in space exploration, one that will see the increased use of outer space for both public and private purposes, as well as greater involvement by private corporations and other unconventional actors in space exploration. To discuss the legal and policy ...
Mar 02, 2024•48 min
Following Hamas’s attacks on Oct. 7, the Israeli military retaliated with a relentless and devastating air war. By mid-December, Israeli forces had struck more than 22,000 targets in Gaza, and the Israeli military said it had used artificial intelligence to select many of them. The targeting system, called “The Gospel” by the IDF, was not the first time a military used AI on the battlefield, but the high number of civilian casualties raised red flags for many. Lawfare Managing Editor...
Mar 01, 2024•41 min
We all know how superpower competition spurred one giant leap for mankind on the lunar surface in July 1969. But the story of how the Moon and its tides affect national security is deeper and wider than most of us realize. David Priess explored this intersection with science journalist Rebecca Boyle, author of the new book Our Moon , about her path to writing about astronomy, Anaxagoras, Julius Caesar, lunar versus solar calendars, the Battle of Tarawa in 1943, the genesis of NOAA, tides and flo...
Feb 29, 2024•1 hr 11 min
Over the past several decades, financial sanctions have become one of the most widely used tools in the U.S. foreign policy arsenal. And since Russia’s invasion of Ukraine two years ago, the Biden administration has wielded them in a number of innovative ways. At the same time, some of these uses have also triggered concerns about U.S. overreach, something that could have consequences for both U.S. national security and the health of the U.S. economy. To better understand how the U.S. gove...
Feb 29, 2024•1 hr 1 min
On Feb. 13, Senator Ron Wyden released a letter documenting an investigation his office has been conducting into the activities of Near Intelligence Inc., a data broker that allegedly enabled an anti-abortion organization to target anti-abortion messaging and ads to people visiting 600 Planned Parenthood clinics across the United States. Lawfare Senior Editor Stephanie Pell sat down with Justin Sherman, CEO of Global Cyber Strategies and a Senior Fellow at Duke University’s Sanford S...
Feb 28, 2024•41 min
The Supreme Court heard hours and hours of oral arguments today brought by a trade association called NetChoice against laws restricting content moderation in Florida and Texas. It's the big First Amendment case of the year, and we sat through the whole oral argument. Lawfare Editor-in-Chief Benjamin Wittes spoke with Lawfare Senior Editors Quinta Jurecic and Alan Rozenshtein, and Kyle Langvardt of the University of Nebraska at Lincoln. They talked about where the justices seem to be leaning on ...
Feb 27, 2024•1 hr
At a South Carolina campaign rally on Feb. 10, former President Donald Trump told a crowd of supporters that while he was president he told “one of the presidents of a big country” in the NATO alliance that he would not protect that country from a Russian invasion if that country didn’t pay. Trump then said, “In fact, I would encourage them to do whatever the hell they want. You got to pay. You got to pay your bills.” Lawfare Managing Editor Tyler McBrien sat down with Lawfare Senior...
Feb 26, 2024•1 hr
This week on Rational Security , Alan, Quinta, and Scott got together to talk over the week’s big national security news, including: “Is Revanchism a Dish Best Served Cold?” Russia boosters seem to be feeling bullish for the first time in a long time. This week, its forces captured the strategic town of Avdiivka from Ukrainian forces, who have been weakened by bickering among their Western allies. And imprisoned Russian dissident Alexei Navalny met with a tragic and highly suspicious end, just a...
Feb 25, 2024•1 hr 16 min
It's another episode of “Trump's Trials and Tribulations,” recorded on February 22 in front of a live audience on YouTube and Zoom. Lawfare Senior Editor Quinta Jurecic sat down with Lawfare Senior Editor Roger Parloff, Lawfare Legal Fellow and Courts Correspondent Anna Bower, and Lawfare Editor-in-Chief Benjamin Wittes to talk about the continued drama in Fulton County and what has happened since the blockbuster hearings last week. They also checked in on the Southern District of Flor...
Feb 24, 2024•1 hr 10 min
From September 15, 2020: Alexei Navalny is Russia's most prominent dissident, opposition leader, and anti-corruption crusader—and the latest such person to be poisoned by the Vladimir Putin regime, which, of course, it denies. When we recorded this episode, Navalny's condition was improving as he received medical treatment in Germany. To discuss Navalny's career and why Putin chose now to attack him, Benjamin Wittes sat down with Alina Polyakova, President and CEO of the Center for European Poli...
Feb 24, 2024•34 min
Since a grand jury in Fulton County, Georgia, handed up an indictment in August of former President Donald Trump and 18 other defendants for their efforts to overturn the results of the 2020 election in Georgia, all eyes had been on the defendants’ behavior and their legal fate. That was until an explosive filing by one of the defendants, Mike Roman, alleged that Fulton County District Attorney Fani Willis had engaged in a kickback scheme through a romantic relationship she had with an outside p...
Feb 23, 2024•1 hr 3 min
Joe Biden took office with a big ambition: To repair America’s reputation abroad and set the country on a new path, where foreign policy would be crafted with the middle class in mind. So writes journalist Alexander Ward, whose new book, The Internationalists: The Fight to Restore American Foreign Policy After Trump , chronicles Biden’s first two years in the White House. The central players in Ward’s cast as the president’s senior advisers, chief among them National Securi...
Feb 22, 2024•1 hr 22 min
As a new report on the intimidation of state and local officeholders from the Brennan Center for Justice points out, “The January 6 insurrection at the Capitol seemed to mark a new peak in extremist intimidation targeting public officials. But it was hardly the only act of political violence to break the period of relative stability that followed the assassinations of the 1960s.” Citing the 2017 shooting of Rep. Steve Scalise, last year’s hammer attack on Paul Pelosi, and many other ...
Feb 22, 2024•49 min
The advocacy group Protect Democracy last month issued an updated version of its report entitled, “The Authoritarian Playbook.” The new report is called, “The Authoritarian Playbook for 2025: How an authoritarian president will dismantle our democracy and what we can do to protect it.” It is a fascinating compilation of things that Donald Trump has promised to do and how they could likely be expected to affect American democracy if he is elected to a second term in office. To discuss ...
Feb 21, 2024•51 min
The conflict in Gaza is headed toward a critical juncture. Israeli political leaders have signaled their intent to assault Rafah, one of the final safe havens for displaced Gazan civilians—a move that U.S. and other international leaders fear could trigger a humanitarian crisis, or the long-term displacement of Palestinians from Gaza. Meanwhile, negotiations for both a ceasefire and a longer term resolution of the crisis are ongoing, but have little to show thus far. To discuss the many mo...
Feb 20, 2024•1 hr 1 min
From December 10, 2016: This week at the Hoover Book Soiree, Jack Goldsmith interviewed Christopher Moran, a professor at the University of Warwick, on his book “ Company Confessions: Secrets, Memoirs, and the CIA .” Moran's work is a history of CIA memoirs, but it's also a history of the Agency itself and its efforts to shape its image in the public eye. How does an organization whose work depends on keeping secrets justify its efforts within a democratic society? Support this show ht...
Feb 19, 2024•39 min
This week, Alan, Quinta, and Scott were once again joined by co-host emeritus Benjamin Wittes to talk through the week's big national security news, including: “Constitutional Annoyance.” Last week, the Supreme Court heard oral arguments in Trump v. Anderson , the case weighing whether former President Trump’s involvement in Jan. 6 should disqualify him from being able to stand as a candidate in 2024 under Section 3 of the 14th Amendment. And the justices, for once, seemed almost unified i...
Feb 18, 2024•1 hr 18 min
It’s another episode of “Trump’s Trials and Tribulations,” this one recorded before a live audience on Zoom on Friday afternoon. It’s been a wild week in Trump coverage. We’ve got a judgment from New York, we’ve got the best evidentiary hearing ever held in Fulton County, we’ve got Tyler McBrien at the scheduling conference for the New York criminal trial, and we’ve got updates from Florida and Washington. Joining Lawfare Editor-in-Chief Benjamin Wittes were Lawfare&n...
Feb 17, 2024•1 hr 26 min
From April 10, 2020: Jim Baker served as general counsel for the Federal Bureau of Investigation. He was also the counsel for the Office of Intelligence Policy and Review at the Justice Department, where he supervised FISA applications. He joined Benjamin Wittes in the virtual Jungle Studio to discuss Inspector General Michael Horowitz's shocking report on inaccuracy in FISA applications, and the problems at the FBI that led to these errors. Support this show http://supporter.acast.com/lawfare ....
Feb 17, 2024•46 min
The EU has finally agreed to its AI Act. Despite the political agreement reached in December 2023, some nations maintained some reservations about the text, making it uncertain whether there was a final agreement or not. They recently reached an agreement on the technical text, moving the process closer to a successful conclusion. The challenge now will be effective implementation. To discuss the act and its implications, Lawfare Fellow in Technology Policy and Law Eugenia Lostri sat...
Feb 16, 2024•43 min
In February 2022, Russia launched a full scale invasion into Ukraine in the largest attack on a European country since World War II. This invasion did not start a new war, but escalated the ongoing Russo-Ukrainian War that started in 2014 when Russian forces captured Crimea and invaded the Donetsk and Luhansk oblasts. In his book, “The War Came to Us: Life and Death in Ukraine,” author and journalist Christopher Miller tells the story of the past fourteen years in Ukraine through his personal ex...
Feb 15, 2024•48 min
The National Defense Authorization Act, or NDAA, is considered must-pass legislation and is increasingly becoming the only reliable vehicle for national cyber policymaking. Lawfare Senior Editor Stephanie Pell sat down with Jonathan Cedarbaum, Professor of Practice at George Washington University Law School and Book Review Editor at Lawfare , and Matt Gluck, Research Fellow at Lawfare , to talk about the key cyber provisions of the NDAA for Fiscal Year 2024. They talked about new cyb...
Feb 15, 2024•51 min
Many international law scholars are skeptical about the efficacy of international law to shape state behavior—and even international law's reality as law—because it lacks a centralized hierarchical legislature, executive branch, or judiciary. In his new book, “ Law for Leviathan: Constitutional Law, International Law, and the State ,” Daryl Levinson of NYU Law School challenges this conception of international law by arguing that it is structurally similar to domestic constitutional law in its a...
Feb 14, 2024•56 min
Unfortunately, Americans are certainly not strangers to far-right terrorism. From the 2015 mass murder at a historic Black church in Charleston, to the 2017 Unite the Right rally in Charlottesville, to the Jan. 6 attack on the U.S. Capitol, these horrific incidents are only the latest in a decades-long process, in which harmful conspiracy theories, radical ideologies, and hostility toward government come together to form a grave and increasing threat to democracy. In their book, “ God, Guns, and...
Feb 13, 2024•59 min
On January 15, Bernardo Arévalo took office as the new president of Guatemala. The transfer of power had been far from assured: after Arévalo triumphed in August elections as an anti-corruption reformer, Guatemala’s political elite did their best to throw legal obstacles in his way and prevent him from taking power. His presidency represents a stunning victory for Guatemalan democracy, which has long been under threat. But there are plenty of difficulties still ahead. To catch up on what’s been ...
Feb 12, 2024•56 min
This week on Rational Security , Alan made his long-awaited return to the podcast for a (brief, so savor it) reunion with Quinta and Scott to talk over the week’s big national security news, including: “Losing the Immunity Challenge.” Earlier this week, the D.C. Circuit rejected former President Trump’s attempt to appeal the denial of his claims of presidential immunity to criminal charges arising from Jan. 6. That issue is now primed for the Supreme Court. Will it take it up? And what will it d...
Feb 11, 2024•1 hr 16 min
From April 13, 2019: Julian Mortenson, Professor of Law at the University of Michigan, is the author of a remarkable new article entitled "Article II Vests Executive Power, Not the Royal Prerogative," in the Columbia Law Review and available on SSRN. Recently, Benjamin Wittes spoke with the professor about the article, which Mortenson has been working on for years—as long as the two have known each other. The article explores the history of exactly three words of the U.S. Constitutio...
Feb 10, 2024•53 min
