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The Lawfare Podcast

The Lawfare Institutewww.lawfaremedia.org

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.lawfaremedia.org.

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Episodes

Scaling Laws: The State of AI Safety with Steven Adler

Steven Adler, former OpenAI safety researcher, author of Clear-Eyed AI on Substack, and independent AGI-readiness researcher, joins Kevin Frazier, AI Innovation and Law Fellow at the University of Texas School of Law and Senior Fellow at Lawfare , to assess the current state of AI testing and evaluations. The two walk through Steven’s views on industry efforts to improve model testing and what he thinks regulators ought to know and do when it comes to preventing AI harms. Thanks to Leo Wu for re...

Sep 12, 202549 min

Rational Security: The “Trump Ruined My Dinner” Edition

This week, Scott sat down with his Lawfare colleagues Benjamin Wittes and Natalie Orpett, and Professor of Law at Cardozo Law School Rebecca Ingber, to talk through the week’s big national security news, including: “Uninvited Aerial Vehicles.” The Polish government is claiming that nineteen armed Russian UAVs penetrated its airspace last night. While Russians are suggesting no attack was intended, Poland has invoked Article IV of the NATO Treaty and worked with allied NATO aircraft to shoot the ...

Sep 11, 20251 hr 10 min

Lawfare Daily: The 9/11 Case in Guantanamo

Twenty-four years ago today, two planes crashed into the World Trade Center in New York, another hit the Pentagon, and another went down in a field in Pennsylvania. It was the worst terrorist attack on U.S. soil in American history. But the men the United States accuses of perpetrating the attacks haven't been held accountable. In fact, they haven't even gone to trial. For today's podcast, Executive Editor Natalie Orpett talks with John Ryan, a journalist at Lawdragon and author of the book, “ A...

Sep 11, 20251 hr 7 min

Lawfare Daily: Adam Chan on the FCC’s Growing Role in National Security

For today’s episode, Lawfare Senior Editor Scott R. Anderson and Contributing Editor Brandon Van Grack sit down with Adam Chan, the first National Security Counsel at the Federal Communications Commission (FCC), to discuss the FCC’s increasingly important role in U.S. national security policy. Together they discuss the origins of the FCC’s role in national security, how and why it has grown in an era of major power competition, and several of the initiatives they currently have underway. Since r...

Sep 10, 202555 min

Lawfare Daily: Sanctions, Speech, and Sovereignty in Brazil

For today’s episode, Lawfare Contributing Editor Renée DiResta interviews Joan Barata, Visiting Professor at the Catholic University of Porto; Laís Martins, journalist at The Intercept Brazil and Fellow at Tech Policy Press; and James Görgen, adviser to Brazil’s Ministry of Development, Industry, Trade, and Services, to discuss the dramatic intersection of tech policy and geopolitical pressure unfolding in Brazil. They discuss the trial of former President Jair Bolsonaro for his role in the Janu...

Sep 09, 202556 min

Lawfare Daily: The Trials of the Trump Administration, Sep 5

In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Roger Parloff and Scott Anderson, Lawfare Public Service Fellow Loren Voss, and the Brennan Center's Katherine Yon Ebright to discuss the ongoing activation of National Guard in the District of Columbia, the Trump Administration's lethal strike in the Caribbean, and Harvard University's win over its funding fight in federal court. You can find information on legal challenges to Trump a...

Sep 08, 20251 hr 38 min

Lawfare Archive: How the FBI is Combating Cyberattacks, with Brett Leatherman

From March 28, 2024: One of the gravest threats to U.S. national security today—and also one of the newest—is the risk of cyberattacks. They come in many forms, and they can incapacitate companies, institutions, and even the government. To better understand these threats—and how the government is responding to them­— Lawfare Executive Editor Natalie Orpett and Lawfare Contributing Editor Brandon Van Grack sat down with Brett Leatherman, Deputy Assistant Director for Cyber Operations at the FBI. ...

Sep 07, 202554 min

Lawfare Archive: A Conversation with an Exiled Venezuelan Opposition Leader

From August 22, 2024: Anastasiia Lapatina is a Kyiv-based Ukraine Fellow at Lawfare . Leopoldo Lopez is a Venezuelan opposition leader living in exile in Madrid, after escaping prison for leading protests against Nicolás Maduro in 2014. Lapatina and Lopez discuss the results of Venezuela’s recent presidential election, ties between Venezuela’s autocrat Nicolás Maduro and other dictatorships, and the path forward for Venezuela after the rigged election. To receive ad-free podcasts, become a Lawfa...

Sep 06, 202526 min

Lawfare Daily: U.S. Military Conducts Lethal Strike on Venezuelan ‘Drug Boat’

In a live conversation on Sept. 4, Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor Scott R. Anderson and Professor of Law at Cardozo Law School Rebecca Ingber to discuss the U.S. strike on an alleged “drug boat” traveling from Venezuela, the president’s authority to use lethal force outside of war, and more. 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:...

Sep 05, 20251 hr

Scaling Laws: Contrasting and Conflicting Efforts to Regulate Big Tech: EU v. U.S.

Anu Bradford, Professor at Columbia Law School, and Kate Klonick, Senior Editor at Lawfare and Associate Professor at St. John's University School of Law, join Kevin Frazier, AI Innovation and Law Fellow at the University of Texas School of Law and a Senior Editor at Lawfare , to assess the ongoing, contrasting, and, at times, conflicting regulatory approaches to Big Tech being pursued by the EU and U.S. The trio start with an assessment of the EU’s use of the Brussels Effect, coined by Anu, to ...

Sep 05, 202547 min

Lawfare Daily: Wargaming a Chinese Blockade of Taiwan

For today's episode, Lawfare Foreign Policy Editor Daniel Byman interviews Mark Cancian, a Senior Adviser with the Center for Strategic and International Studies, to assess the impact and implications of a Chinese blockade of Taiwan. Cancian discusses why China might choose blockade over an outright invasion, how the blockade might affect Taiwan, the risks of escalation, and what the United States and Taiwan must do to make a blockade less likely and less risky. For more, take a look at “ Lights...

Sep 04, 202534 min

Rational Security: The “Master of the House” Edition

This week, Scott sat down with his Lawfare colleagues Anna Bower, Tyler McBrien, and Peter Harrell to talk through the week’s big national security news stories, including: “Faginomics.” With the recent announcement that the U.S. government would be taking a 10% stake in the company Intel, the Trump administration has ushered in a new era of state-guided industrial policy, fueled by concerns of major power competition, particularly around the race to AI. How does this new policy intersect with i...

Sep 03, 20251 hr 20 min

Lawfare Daily: Federal Judges Rule Against Trump on National Guard Deployment, Tariffs, and Removal of Migrant Children to Guatemala

In a live conversation on Sept. 2, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Scott R. Anderson, Anna Bower, and Lawfare Public Service Fellow Loren Voss to discuss Sunday’s emergency hearing in L.G.M.L. et al. v. Kristi Noem —in which Judge Sparkle Sooknanan blocked the Trump administration’s plans to send unaccompanied migrant children to Guatemala—Judge Charles Breyer’s ruling in Newsom v. Trump which found that President Trump’s use of the National Guard and...

Sep 03, 202556 min

Lawfare Daily: Pocket Rescissions in Congress

On today’s episode, Molly Reynolds, Contributing Editor at Lawfare and Senior Fellow at Brookings, sits down with Zach Price, Associate Professor of Law at UC Law San Francisco, and Phil Wallach, Senior Fellow at the American Enterprise Institute, to discuss pocket rescissions as an approach to cancelling funds previously approved by Congress. They cover whether the practice is legal, how it threatens Congress’s institutional power, and how they fit in with broader efforts by the Trump administr...

Sep 02, 202536 min

The Trials of the Trump Administration, Aug. 29

In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Anna Bower and Scott Anderson, Lawfare contributor James Pearce, Lawfare Public Service Fellow Loren Voss, and The Atlantic staff writer Quinta Jurecic to discuss the legality of the Trump administration’s cancellation of $4.9 billion in foreign aid funding using a “pocket rescission,” how that impacts ongoing litigation surrounding foreign aid grant cancellations, the expanding role o...

Sep 01, 20251 hr 49 min

Lawfare Archive: Richard Albert on Constitutional Resilience Amid Political Tumult

From August 23, 2024: Richard Albert, William Stamps Farish Professor in Law, Professor of Government, and Director of Constitutional Studies at the University of Texas at Austin, joins Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare , to conduct a comparative analysis of what helps constitutions withstand political pressures. Richard’s extensive study of different means to amend constitutions shapes their conversation about whether the ...

Aug 31, 202547 min

Lawfare Archive: The Wagner Group, One Year After Prigozhin with Vanda Felbab-Brown

From August 28, 2024: On today’s episode, Vanda Felbab-Brown, Director of the Initiative on Nonstate Armed Actors, Co-Director of the Africa Security Initiative, and Senior Fellow in Foreign Policy at the Brookings Institution joins Lawfare Managing Editor Tyler McBrien to help make sense of the recent skirmishes in northern Mali between the junta, separatist groups, Islamists, and Russian mercenaries. They discuss what the recent ambush in Mali portends for Russian and Russian-aligned mercenari...

Aug 30, 202539 min

Scaling Laws: Uncle Sam Buys In: Examining the Intel Deal

Peter E. Harrell, Adjunct Senior Fellow at the Center for a New American Security, joins Kevin Frazier, AI Innovation and Law Fellow at the University of Texas School of Law and a Senior Editor at Lawfare , to examine the White House’s announcement that it will take a 10% share of Intel. They dive into the policy rationale for the stake as well as its legality. Peter and Kevin also explore whether this is just the start of such deals given that President Trump recently declared that “there will ...

Aug 29, 202548 min

Lawfare Daily: Unpacking Security Guarantees for Ukraine

On today’s episode, Lawfare ’s Ukraine Fellow Anastasiia Lapatina sits down with Eric Ciaramella, a Senior Fellow at the Carnegie Endowment for International Peace and Lawfare Contributing Editor, to discuss the history of American security commitments abroad and how it can help inform the debate around security guarantees for Ukraine. 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:...

Aug 28, 202559 min

Rational Security: The “Room Raider” Edition

This week, Scott sat down with old and new Lawfare colleagues—Benjamin Wittes, Renée DiResta, and Michael Feinberg—to talk through the week’s big national security news stories, including: “An Old Fashioned Anti Raid.” Former Trump National Security Advisor (turned Trump critic) John Bolton got a rude awakening this past week when the FBI conducted a raid at his home, reportedly on the grounds that he is believed to have retained classified information from his time in office. It’s the latest in...

Aug 27, 20251 hr 19 min

Lawfare Daily: ‘War in the Smartphone Age,’ with Matthew Ford

Matthew Ford, Associate Professor at Swedish Defence University and author of “ War in the Smartphone Age: Conflict, Connectivity, and the Crises at Our Fingertips ,” joins Lawfare ’s Justin Sherman to discuss the role of smartphones and related technologies in war, how social media contributes to a collapse of context in the war content we see online, and how smartphones and other devices are reshaping open-source intelligence (OSINT) and open-source investigations (OSINV) vis-a-vis conflicts a...

Aug 27, 202559 min

Lawfare Daily: Defending Ukraine Outside NATO with Michael O'Hanlon and Andriy Zagorodnyuk

Lawfare Contributor Mykhailo Soldatenko sits down with Michael O'Hanlon, Director of Foreign Policy Research and Senior Fellow at the Brookings Institution, and Andriy Zagorodnyuk, Chairman of the Centre for Defence Strategies in Kyiv, a former Ukrainian Defence Minister, and a nonresident scholar at Carnegie Endowment for International Peace, to discuss ways of defending Ukraine from present and future Russian attacks in the absence of NATO membership. Please see the following policy proposals ...

Aug 26, 202555 min

Lawfare Daily: The Trials of the Trump Administration, Aug. 22

In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Anna Bower, and Roger Parloff, and Lawfare contributor James Pearce to discuss the FBI’s execution of a search warrant at John Bolton’s house, a federal judge ruling that Alina Habba was unlawfully serving as a U.S. attorney for New Jersey, Kilmar Abrego Garcia’s motion to dismiss his indictment for selective prosecution and his return to Maryland, a decision voiding the fine in the ci...

Aug 25, 20251 hr 34 min

Lawfare Archive: Inside Ukraine’s Drone Campaign Against Russia

From August 1, 2024: Anastasiia Lapatina is a Kyiv-based Ukraine Fellow at Lawfare . Marcel Plichta is a Fellow at the Centre for Global Law and Governance at the University of St. Andrews, and a former analyst at the U.S. Department of Defense who currently works as an instructor at the Grey Dynamics Intelligence School. For this episode, Lapatina sat down with Plichta to discuss Ukraine’s ongoing drone campaign against Russia, Ukraine’s choice of targets deep inside Russian territory, and the ...

Aug 24, 202539 min

Lawfare Archive: Domestic Deployment of the National Guard

From May 3, 2024: Over the past several years, governors around the country from both political parties have used their respective National Guards for an increasingly unconventional array of domestic missions, ranging from teaching in public schools to regulating immigration at the southern border. To discuss how this trend may impact the National Guard—and our broader democracy, particularly in this pivotal election year— Lawfare Senior Editor Scott R. Anderson recently sat down with a panel of...

Aug 23, 20251 hr 22 min

Lawfare Daily: The European Court of Human Rights Takes on Digital Rights in War, with Asaf Lubin and Deb Housen-Couriel

For today's episode, Lawfare Senior Editor and General Counsel Scott R. Anderson sits down with Lawfare Contributing Editor and Indiana University Maurer School of Law professor Asaf Lubin and Hebrew University of Jerusalem professor Deborah Housen-Couriel to talk over the European Court of Human Rights' recent decision in Ukraine and the Netherlands v. Russia . Together, they discuss how the opinion lays new ground in discussing digital rights in wartime, what issues still need to be developed ...

Aug 22, 202547 min

Scaling Laws: Export Controls: Janet Egan, Sam Winter-Levy, and Peter Harrell on the White House's Semiconductor Decision

Alan Rozenshtein, Research Director at Lawfare , sits down with Sam Winter-Levy , a Fellow in the Technology and International Affairs Program at the Carnegie Endowment for International Peace; Janet Egan , a Senior Fellow with the Technology and National Security Program at the Center for a New American Security; and Peter Harrell , a Nonresident Fellow at Carnegie and a former Senior Director for International Economics at the White House National Security Council under President Joe Biden. Th...

Aug 21, 202555 min

Rational Security: The “Whole Etsy Store of Horrors” Edition

This week, Scott sat down with his colleagues Anna Bower, Chris Mirasola, and Mykhailo Soldatenko to talk through the week’s big national security news, including: “Wings and a Prayer.” The Ukraine conflict has been the subject of intense shuttle diplomacy over the past week, as President Trump and Russian President Vladimir Putin flew to a meeting in Alaska last Friday, only for Ukrainian President Volodymyr Zelenskyy and a cadre of European leaders to fly to Washington, DC, to meet with Trump ...

Aug 20, 20251 hr 26 min

Lawfare Daily: FCC’s New Submarine Cable Rules with Adam Chan

Adam Chan, National Security Counsel at the Federal Communications Commission (FCC) and inaugural Director of the FCC’s new Council on National Security, joins Lawfare ’s Justin Sherman to discuss the FCC’s rulemaking on submarine cables and national security. They discuss the FCC’s new submarine cable rules, the role of submarine cables in the U.S. telecommunications supply chain and in the data and AI era, and the national security risks facing submarine cable infrastructure. They also discuss...

Aug 20, 202548 min

Lawfare Daily: The Alaska Summit and Its Fallout

In a live conversation on August 18, Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Legal Fellow Mykhailo Soldatenko, Lawfare Ukraine Fellow Anastasiia Lapatina, and Carnegie Senior Fellow Eric Ciaramella about President Trump and Russian President Vladimir Putin’s meeting in Alaska on Aug. 15, Trump’s meeting with Ukrainian President Volodymyr Zelenskyy, and other European leaders, in the White House on Aug, 18, and what it all means for the future of the Russo-Ukrainian War. To recei...

Aug 19, 20251 hr 10 min
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