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, 2025•55 min
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 system. It is a detailed account of ...
Apr 19, 2025•53 min
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 secured tempor...
Apr 18, 2025•50 min
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 https://givebutter.com/lawfare-insti...
Apr 17, 2025•43 min
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 freelance journalist who...
Apr 16, 2025•47 min
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, 2025•38 min
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’s case and the Alien Enemies Act case, the targeting of law...
Apr 14, 2025•1 hr 30 min
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, 2025•1 hr 8 min
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 discuss ...
Apr 12, 2025•39 min
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/lawfare . You can also support ...
Apr 11, 2025•29 min
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 challeng...
Apr 10, 2025•1 hr 17 min
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, 2025•59 min
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 support Lawfare by making a one-ti...
Apr 09, 2025•31 min
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, 2025•1 hr 3 min
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 show http://supporter.acast.com/lawfare . Hoste...
Apr 07, 2025•1 hr 25 min
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 media. To receive ad-free po...
Apr 06, 2025•56 min
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 Soldiers: How the Wea...
Apr 05, 2025•54 min
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, 2025•42 min
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, 2025•39 min
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, 2025•1 hr 15 min
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 recorded...
Apr 02, 2025•56 min
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 recent developmen...
Apr 01, 2025•38 min
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, 2025•1 hr 30 min
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 Senior Editor...
Mar 30, 2025•1 hr 5 min
From April 22, 2021: Jack Goldsmith sat down with Lee Bollinger, the president of Columbia University, and Geoffrey Stone, the Edward H. Levy Distinguished Service Professor at the University of Chicago Law School, to discuss their new book, " National Security, Leaks and Freedom of the Press: The Pentagon Papers Fifty Years On ." They discussed the holding and legacy of the Pentagon Papers case, as well as some of the many challenges of applying the Pentagon Papers regime in the modern digital ...
Mar 29, 2025•53 min
For today's episode, Lawfare Foreign Policy Editor Daniel Byman interviewed Natan Sachs, the Director of the Middle East Program of the Brookings Institution, to discuss Israel's turbulent domestic situation and the renewal of the conflicts in Gaza and Lebanon. Sachs explains Prime Minister Benjamin Netanyahu's political tactics, the controversies over the budget, judicial reform and the resulting protests, and the sacking of figures like Shin Bet chief Ronen Bar. Sachs also discusses why Israel...
Mar 28, 2025•39 min
This week, Scott sat down with his Lawfare colleagues Benjamin Wittes and Roger Parloff to talk through the week of the most Rational Security -esque of national security news stories ever, including: “Oopsec.” In a strong contender for the most ridiculous national security story of the year, senior Trump administration officials appear to have planned a series of airstrikes in Yemen that took place earlier this month through the social messaging app Signal—and they appear to have included The A...
Mar 27, 2025•1 hr 33 min
In a live recording on March 26 , Lawfare Editor-in-Chief Benjamin Wittes spoke to Shane Harris of The Atlantic to discuss the decision to release the text messages sent by Trump administration officials in the Houthi PC Small Group Signal group chat which accidentally included The Atlantic Editor-in-Chief Jeffrey Goldberg, testimony given in Congress by officials who were in the chat, and what accountability may look like. To receive ad-free podcasts, become a Lawfare Material Supporter at www....
Mar 27, 2025•45 min
Shane Harris of The Atlantic joins Lawfare Editor-in-Chief Benjamin Wittes to talk about war planning on Signal, the Trump administration’s remarkable security lapse, and the testimony of the country’s intelligence chiefs that came in its wake. 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 https://givebutter.com/lawfare-institute . Support this show http://supporter.acast.com/lawfare . H...
Mar 26, 2025•40 min
Tom Kent ran Radio Free Europe/Radio Liberty and is a longtime Russia watcher. He talks to Lawfare Editor-in-Chief Benjamin Wittes about President Trump’s executive order dismantling Voice of America and Radio Free Europe. 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 https://givebutter.com/lawfare-institute . Support this show http://supporter.acast.com/lawfare . Hosted on Acast. See ac...
Mar 25, 2025•42 min
