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.

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Episodes

Lawfare Daily: Turmoil in South Korea

Lawfare Editor-in-Chief Benjamin Wittes sits down with Andrew Yeo, Senior Fellow in the Foreign Policy Program and SK-Korea Foundation Chair of the Center for Asia Policy Studies at the Brookings Institution, to talk about the current turmoil in South Korea. Within about 48 hours, there was a declaration of martial law, the National Assembly convened to rescind the declaration of martial law, South Korean President Yoon Suk Yeol accepted it, and now he faces impeachment. Yeo breaks down what’s g...

Dec 05, 202438 min

Lawfare Daily: Ukraine’s Past and Future with NATO

Ukraine has been pursuing NATO membership for many years. But what realistic options does it have in light of Russia’s full-scale invasion? Historian and author of a book about tensions between the NATO and Russia “ Not One Inch, ” Mary Sarotte, sits down with Lawfare Ukraine Fellow Anastasiia Lapatina to describe what lessons Ukraine can take from the cases of Norway and West Germany. To receive ad-free podcasts, become a  Lawfare  Material Supporter at  www.patreon.com/lawf...

Dec 04, 202447 min

Chatter: The Military, Climate Change, and the Environment, with Sherri Goodman

Sherri Goodman was the first Deputy Under Secretary of Defense for Environmental Security and has worked on issues around climate change, the environment, and security for more than 35 years. She joined David Priess to discuss her work on the staff of the Senate Armed Service Committee starting in the 1980s, her impressions of Senator Sam Nunn, her duties as the first Deputy Under Secretary of Defense (Environmental Security), the campaign to clean up the Defense De...

Dec 03, 20241 hr 7 min

Lawfare Daily: The Return of the Syrian Civil War

Lawfare  Foreign Policy Editor and Georgetown professor Daniel Byman sits down with Charles Lister, Director of Syria and Countering Terrorism & Extremism Programs at the Middle East Institute for an update on the Syrian opposition taking Aleppo and the prospects for the civil war going forward. They discuss the status of the Syrian conflict; the nature of the key group, Hayat Tahrir al-Sham; why conflict happened now; and what might happen going forward. You can watch a video vers...

Dec 03, 202436 min

Lawfare Daily: Claire Meynial on 'La Guerre des Amériques’

Lawfare Senior Editor Roger Parloff speaks with Claire Meynial, U.S. correspondent for the French news weekly Le Point, about her recent book, “La Guerre des Amériques,” or “The War of the Americas.” Meynial discusses how she came to write her book about the political divisions in America, based on hundreds of interviews across the country over the past three years. They discuss the results of the 2024 election, Jan. 6, Proud Boys leader Enrique Tarrio, Jan. 6 defendant Guy Reffitt and...

Dec 02, 202437 min

Lawfare Archive: #AbolishICE?

From July 10, 2018: #AbolishICE is the hashtag that has proliferated all over Twitter. Anger over the family separation policy of the Trump administration has many people doubting whether the agency that does interior immigration enforcement is up to a humane performance of its task. Paul Rosenzweig, former policy guru at DHS where he supervised immigration matters, and Carrie Cordero, who has been actively engaged on the subject recently, joined Benjamin Wittes to discuss the substance of our i...

Dec 01, 202441 min

Lawfare Archive: Michael Anton Defends Trump's Foreign Policy

From April 23, 2019: Michael Anton, former Trump administration national security official and a research fellow at Hillsdale College, has published an  essay  in Foreign Policy explaining what he calls the 'Trump Doctrine' on foreign policy. Recently, Anton sat down with Jack Goldsmith to discuss the new article and the philosophy behind Trump's foreign policy, particularly with respect to liberal internationalism and international institutions. They discussed the administration's for...

Nov 30, 20241 hr 8 min

Lawfare Daily: A Ukraine Update with Eric Ciaramella and Anastasiia Lapatina

Despite the Russian launch of a new ballistic missile against Ukraine, the ATACMS not being a game-changer, and a front that is eroding in several key areas, Ukrainians are actually optimistic about the incoming Trump administration. Lawfare Editor-in-Chief Benjamin Wittes sits down with Lawfare Ukraine Fellow Anastasiia Lapatina and Eric Ciaramella of the Carnegie Endowment for International Peace to talk about all of these issues and more. To receive ad-free podcasts, become a  Lawfare&nb...

Nov 29, 202446 min

Lawfare Archive: Andrew Coan on 'Prosecuting the President'

From March 12, 2019: As the nation braces for the forthcoming end of special counsel Robert Mueller's investigation into President Trump and his associates, The Lawfare Podcast decided to take a look back at the complete history of special prosecutors. Benjamin Wittes sat down with Andrew Coan, a professor of law at the James E. Rogers College of Law at the University of Arizona. Coan recently published "Prosecuting the President," which traces the history of how special prosecutors and counsels...

Nov 28, 202444 min

Lawfare Daily: Congressional Power and the Confirmation Process, with Mike Stern and Donald Sherman

Molly Reynolds, Senior Fellow at Brookings and Senior Editor at Lawfare , sits down with Mike Stern, a lawyer specializing in congressional legal issues and former Senior Counsel to the U.S. House of Representatives, and Donald Sherman, Executive Director and Chief Counsel at CREW, to discuss the Senate confirmation process and expectations for congressional oversight in the 119th Congress. They discuss the tools available to the Senate now and after the start of the new Congress in January...

Nov 27, 202444 min

Chatter: 1876, Election Security, and National Security, with Rachel Shelden

Rachel Shelden is Associate Professor of History and Director of the Richards Civil War Center at Penn State University. She joined David Priess to talk about the disputed presidential election of 1876 and how the political system found a way to avoid widespread violence and another civil war while resolving it in 1877. They discussed Abraham Lincoln's huge impact on kids growing up in Illinois, the status of Reconstruction by 1876, US political culture in the late 19th century, R...

Nov 26, 20241 hr 24 min

Lawfare Daily: Deploying the Military at the Southern Border, with Chris Mirasola

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 emergen...

Nov 26, 202442 min

Lawfare Daily: AI Regulation and Free Speech: Navigating the Government’s Tightrope

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. To receive ad-free podcasts, become a  Lawfare  Material S...

Nov 25, 20241 hr 22 min

Lawfare Archive: Brazil’s Search for Accountability After Jan. 8

From July 27, 2023: Last month, Brazil’s highest electoral court found that former President Jair Bolsonaro had abused his political power in the 2022 elections because of his conduct in a meeting with foreign ambassadors in Brasília in July 2022. For this violation of the country’s election laws, the electoral court banned Bolsonaro from seeking public office until 2030. Lawfare  Managing Editor Tyler McBrien sat down with Emilio Peluso Neder Meyer, Professor of Constitutional Law at the F...

Nov 24, 202456 min

Lawfare Archive: Nosmot Gbadamosi on South Africa’s ‘Putin Problem’

From June 30, 2023: On Thursday, South Africa’s Department of International Relations confirmed it would host the 15th BRICS Summit in August. Normally, this wouldn’t make the news. But because South Africa is a signatory to the International Criminal Court, the country is obligated under international law to arrest one of the summit’s invitees—Russian President Vladimir Putin—the moment he sets foot in Johannesburg. This presents South Africa with what Nosmot Gbadamosi has dubbed a  “Putin...

Nov 23, 202429 min

Lawfare Daily: Ukraine, ATACMS, and Putin’s Nuclear Threats

After more than a year of pleas from Kyiv, the U.S. finally let Ukraine use Western long-range weapons for attacks inside Russia. Lawfare Ukraine Fellow Anastasiia Lapatina sits down with Fabian Hoffman, a doctoral research fellow at the University of Oslo, to talk about the strategic and tactical effects of such attacks, what’s behind the timing of this decision, and why it took so long for the U.S. to finally change course. To receive ad-free podcasts, become a  Lawfare  Material Sup...

Nov 22, 202440 min

Rational Security: The “Sad Norman Rockwell” Edition

This week, Scott sat down with Lawfare Senior Editors Molly Reynolds and Alan Rozenshtein, and with University of Houston Law Center Assistant Professor of Law Chris Mirasola, to talk through the week’s big national security news, including: “Troops, There It Is.” President-elect Donald Trump raised eyebrows this week when he suggested that he intended to declare a national emergency and use U.S. soldiers to implement his planned deportation of undocumented migrants from the United States—the fi...

Nov 21, 20241 hr 19 min

Lawfare Daily: Haiti's Deteriorating Security Situation, with Robert Fatton

Since the assassination of Haitian President Jovenel Moïse in July 2021, the country has been plagued by gang violence, a destabilized government, and an ongoing humanitarian crisis.  Lawfare  Associate Editor for Communications Anna Hickey sat down with Dr. Robert Fatton, emeritus professor of government and foreign affairs at the University of Virginia to discuss the rising gang violence in Haiti, whether the incoming Trump administration will change the United States’s response, and...

Nov 21, 202439 min

Lawfare Daily: Chris Johnson on Space Law (or Lack Thereof)

Chris Johnson, Director of Legal Affairs and Space Law for Secure World Foundation and an adjunct professor of law at Georgetown University, joins Kevin Frazier, Senior Research Fellow in the Constitutional Studies Program at the University of Texas at Austin and a Tarbell Fellow at Lawfare , to discuss the laws, policies, and geopolitical trends shaping the governance of space. The two analyze how space policy may change in the Trump Administration and how ongoing international negotiations may...

Nov 20, 202444 min

Chatter: The Second Trump Administration with Ashley Parker and Josh Dawsey

Donald Trump is going back to the White House and is already busy stocking his future Cabinet. Shane Harris sat down with two of The Washington Post’s best political reporters to talk about Trump’s victory, some of his initial choices for top national security positions--which are drawing extraordinary controversy--and what we might expect in Trump’s second term.  Ashley Parker and Josh Dawsey covered Trump’s first term in office as White House correspondents. They also covered his latest c...

Nov 19, 202446 min

Lawfare Daily: Russia and the American Far-right, with Marlene Laruelle

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 Russi...

Nov 19, 202440 min

Lawfare Daily: Energy Security, Data Centers, and AI

Christie Hicks, the Managing Attorney overseeing Earthjustice's Clean Energy Program, and Mandy DeRoche, a Deputy Managing Attorney in Earthjustice's Clean Energy Program, join Kevin Frazier, Senior Research Fellow in the Constitutional Studies Program at the University of Texas at Austin and a Tarbell Fellow at Lawfare , to explore the intersection of environmental law and national security as the Biden administration prioritizes AI development. Drawing on the extensive experience of Christie a...

Nov 18, 202437 min

Lawfare Archive: Milley, Trump and Civil-Military Relations with Peter Feaver, Kori Schake, and Alexander Vindman

From September 21, 2021: A new  book  by Bob Woodward and Robert Costa contains reporting about several controversial actions by Chairman of the Joint Chiefs of Staff Mark Milley in late 2000 and early 2021, regarding conversations with his Chinese counterparts, his discussion with senior military officers about following standard nuclear procedures (if need be), and reaching out to others like the CIA and NSA directors to remind them to watch everything closely. Were each of these rep...

Nov 17, 202459 min

Lawfare Daily: President-elect Trump's National Security Appointments

Lawfare  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. To receive ad-fre...

Nov 16, 20241 hr 8 min

Lawfare Daily: A New Database of Possible U.S. War Crimes with Madeleine Baran and Parker Yesko

Madeleine Baran and Parker Yesko, investigative reporters with the New Yorker’s In the Dark podcast, join  Lawfare  Managing Editor Tyler McBrien to discuss  In the Dark: Season 3 , which tells the story of a small group of Marines who killed 24 civilians in Haditha, Iraq, on Nov. 19, 2005. They also discussed “ The War Crimes That the Military Buried ,” a new database of possible American war crimes committed in Iraq and Afghanistan, which Baran and Yesko compiled ...

Nov 15, 202450 min

Rational Security: The “Steven Spielberg Does Not Need a Free Drink" Edition

This week, Scott sat down with his Lawfare colleagues Anna Bower, Eugenia Lostri, and Roger Parloff to discuss the week’s big national security news, including: “Putting the Dismal in Dismissal.” Donald Trump’s election as president for a second time puts the state and federal criminal charges against him—and potentially some of his supporters and co-conspirators—in unprecedented historical territory. Where do these cases seem to be headed? And what will it mean for the broader effort at account...

Nov 14, 20241 hr 19 min

Lawfare Daily: Social Media Data Practices, with the FTC’s Jacqueline Ford and Ronnie Solomon

On this episode,  Lawfare  Contributing Editor Justin Sherman sits down with Jacqueline Ford and Ronnie Solomon, attorneys in the FTC Division of Privacy & Identity Protection, to discuss the FTC’s new 6(b)  staff report  on the data practices of nine social media and video streaming companies, from Twitch to Discord to YouTube. They discussed the report’s findings on data collection, retention, and use practices, and cover the privacy impacts of these practices, the...

Nov 14, 202443 min

Lawfare Daily: IHL and Private Tech in Conflict, with Jonathan Horowitz

Eugenia Lostri, Senior Editor at  Lawfare , sat down with Jonathan Horowitz, Deputy Head of the Legal Department to the ICRC’s Delegation for the United States and Canada, to discuss his recent article, “ The Business of Battle: The Role of Private Tech in Conflict .” They talked about how international humanitarian law principles can affect the private digital sector, the risks that tech companies can face when they provide services to a party in an armed conflict, and what they shoul...

Nov 13, 202437 min

Chatter: How the Norm Against Political Violence Eroded in the Roman Republic, with Catherine Steel

As the U.S. tries to come to grips with a resurgence of political violence in recent years, it's instructive to look at how the norm against political violence eroded during the late Roman Republic and contributed to ultimately autocratic rule. Catherine Steel, Professor of Classics at the University of Glasgow, specializes in the political history of the Roman Republic and its institutional structures and has written books and articles about the period. She joined David Prie...

Nov 12, 20241 hr 25 min

Lawfare Daily: Keith Whittington on the Law, Politics, and Purpose of the Impeachment Power

Jack Goldsmith sits down with Keith Whittington, David Boies Professor of Law at Yale Law School, to discuss his new book , “The Impeachment Power: The Law, Politics, and Purpose of an Extraordinary Constitutional Tool.” They discuss what the Constitution says about the impeachment power, how we should think about high crimes and misdemeanors, why impeachment shows that Congress is the preeminent branch of government, and the goals and values of impeachment. They also discuss the abuse of the im...

Nov 12, 202447 min
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