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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.

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

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

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Episodes

Rational Security: The “F*cked by Five” Edition

This week, Scott sat down with his Lawfare colleagues Managing Editor Tyler McBrien, Foreign Policy Editor Daniel Byman, and Public Service Fellow Loren Voss to talk through (somehow only three of) the week’s big national security news stories, including: “The Dream of the ‘90s is Alive in Portland.” This past week, the Trump administration made good on its threats to pursue further domestic military deployments, this time to Portland and Chicago. Thus far, the administration has stuck to the sa...

Oct 08, 20251 hr 24 min

Lawfare Daily: How Are the Courts Doing?

On today's podcast, Executive Editor Natalie Orpett is joined by Judge Philip Pro and Judge Jeremy Fogel. Both are retired federal court judges who are members of a new organization, the Article III Coalition , which advocates for an independent judiciary. They talk about how the courts are faring amidst the enormous stresses of the day: a huge number of legal challenges to Trump administration actions, a judiciary under constant attack from critics—including several instances of real violence—a...

Oct 08, 202552 min

Lawfare Daily: ‘38 Londres Street,’ Impunity, and Immunity with Philippe Sands

On today’s episode, Lawfare Managing Editor Tyler McBrien sits down with Philippe Sands, a professor of law at the University of London and the Samuel Pisar Visiting Professor at Harvard Law School to discuss his new book, “ 38 Londres Street: On Impunity, Pinochet in England, and a Nazi in Patagonia .” They discuss the intertwined stories of Chilean dictator Augusto Pinochet and Nazi SS commander Walther Rauff, his uncanny personal connections to those stories, how Pinochet’s arrest and the sub...

Oct 07, 20251 hr 4 min

Lawfare Daily: The Trials of the Trump Administration, Oct. 3

In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Scott Anderson, Anna Bower, Eric Columbus, and Roger Parloff to discuss a hearing in the litigation over the National Guard deployment in Portland, states suing the federal government over immigration enforcement conditions being placed on emergency management federal grants, federal employees unions challenging expected reductions in force during the government shutdown, the Supreme C...

Oct 06, 20251 hr 40 min

Lawfare Archive: Cox and Wyden on Section 230 and Generative AI

From May 2, 2023: Generative AI products have been tearing up the headlines recently. Among the many issues these products raise is whether or not their outputs are protected by Section 230, the foundational statute that shields websites from liability for third-party content. On this episode of Arbiters of Truth , Lawfare ’s occasional series on the information ecosystem, Lawfare Senior Editor Quinta Jurecic and Matt Perault, Director of the Center on Technology and Policy at UNC-Chapel Hill, t...

Oct 05, 202531 min

Lawfare Archive: Bob Bauer and Liza Goitein on Emergency Powers Reform

From September 20, 2024: Bob Bauer, Professor of Practice and Distinguished Scholar in Residence at New York University School of Law, and Liza Goitein, Senior Director of Liberty & National Security at the Brennan Center, join Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare , to review the emergency powers afforded to the president under the National Emergency Act, International Emergency Economic Powers Act, and the Insurrection Ac...

Oct 04, 202548 min

Lawfare Daily: The Law of the Shutdown

In this episode, Molly Reynolds, Senior Fellow at Brookings and contributing editor at Lawfare , sits down with Nick Bednar, Associate Professor of Law at the University of Minnesota and contributing editor at Lawfare , and Sam Berger, Senior Fellow on the Federal Fiscal Policy team at the Center on Budget and Policy Priorities. They discuss why government shutdowns happen, what determines what functions keep operating, how the Trump administration is using this shutdown to pursue novel cuts to ...

Oct 03, 202552 min

Lawfare Daily: President Trump’s Peace Plan for Gaza

In a live conversation on October 1, Lawfare Senior Editor Scott R. Anderson spoke to Managing Director at S. Daniel Abraham Center for Middle East Peace Joel Braunold about President Trump’s proposed peace plan for Gaza and what it means for the future of Iraeli-Palestinian relations. Support this show http://supporter.acast.com/lawfare . Hosted on Acast. See acast.com/privacy for more information....

Oct 02, 20251 hr 7 min

Rational Security: The “Sweet Dreams Are Made of Cheese” Edition

This week, Scott sat down with his colleagues Alan Rozenshtein and Anna Bower to talk through the week’s big national security news stories, including: “A Higher Loyalty.” The Justice Department appeared to bow to the demands of President Trump last week when, over the reported objections of several senior officials, it successfully sought the indictment of former FBI Director James Comey for allegedly false statements he made to Congress. But the prosecution is raising a lot of questions among ...

Oct 01, 20251 hr 25 min

Scaling Laws: The Ivory Tower and AI (Live from IHS's Technology, Liberalism, and Abundance Conference)

Neil Chilson, Head of AI Policy at the Abundance Institute, and Gus Hurwitz, Senior Fellow and CTIC Academic Director at Penn Carey Law School and Director of Law & Economics Programs at the International Center for Law & Economics, join Kevin Frazier, AI Innovation and Law Fellow at the University of Texas School of Law and a Senior Editor at Lawfare , to explore how academics can overcome the silos and incentives that plague the Ivory Tower and positively contribute to the highly compl...

Oct 01, 202543 min

Lawfare Daily: The Justice Department as a Political Weapon

In a live conversation on September 29 , Lawfare Senior Editor Kate Klonick spoke to Lawfare Editor in Chief Benjamin Wittes, Lawfare Senior Editor Anna Bower, and Professor of Practice at New York University Bob Bauer about the recent indictment of former FBI Director James Comey and what it says about the Trump administration’s ongoing politicization of the Department of Justice. This conversation is a part of our newly-launched show, Lawfare Live: The Day After, on Substack. You can join us f...

Sep 30, 202552 min

Lawfare Daily: The Trials of the Trump Administration, Sept. 26

In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Scott Anderson, Anna Bower, Eric Columbus, and Roger Parloff to discuss the Supreme Court granting certiorari in Rebecca Slaughter’s challenge to the president’s attempt to remove her as FTC commissioner, the indictment of James Comey, the Supreme Court allowing President Trump to withhold foreign aid funds, a lawsuit challenging warrantless immigration arrests in D.C., and so much mor...

Sep 29, 20251 hr 45 min

Lawfare Archive: David Pozen on ‘The Constitution of the War on Drugs’

From May 10, 2024: David Pozen is the Charles Keller Beekman Professor of Law at Columbia Law School and the author of the new book , “The Constitution of the War on Drugs,” which examines the relationship between the Constitution and drug prohibitions. He joined Jack Goldsmith to talk about the constitutional history of the war on drugs and why the drug war was not curbed by constitutional doctrines about personal autonomy, limits on the federal government’s power, the Equal Protection Clause, ...

Sep 28, 202555 min

Lawfare Archive: The Supreme Court Rules in Murthy v. Missouri

From June 28, 2024: On June 26, the Supreme Court handed down its decision in Murthy v. Missouri —the “jawboning” case, concerning a First Amendment challenge to the government practice of pressuring social media companies to moderate content on their platforms. But instead of providing a clear answer one way or the other, the Court tossed out the case on standing. What now? Lawfare Editor-in-Chief Benjamin Wittes discussed the case with Kate Klonick of St. Johns University School of Law and Mat...

Sep 27, 202543 min

Lawfare Daily: Rethinking Deepfake Response with Gavin Wilde

Gavin Wilde, Nonresident Fellow at the Carnegie Endowment for International Peace, adjunct lecturer at Johns Hopkins University, and author of the recent paper, “ Pyrite or Panic? Deepfakes, Knowledge and the Institutional Backstop ,” joins Lawfare’ s Justin Sherman to discuss worries about deepfakes and their impact on information and society, the history of audiovisual media and what we can learn from previous evolutions in audiovisual technologies, and the role that fakery has played over the...

Sep 26, 202536 min

Rational Security: The “I AM an Object Lesson” Edition

This week, Scott sat down with Senior Editors Kate Klonick and Eric Columbus to talk through the week’s big national security news stories, including: “An Un-Airing of Grievances.” Since the assassination of conservative activist Charlie Kirk, some supporters of his—including several figures within the Trump administration—have actively sought to have individuals who have said critical or purportedly insensitive things about Kirk removed from their jobs or otherwise punished. This arguably came ...

Sep 25, 20251 hr 13 min

Scaling Laws: AI and Young Minds: Navigating Mental Health Risks with Renée DiResta and Jess Miers

Alan Rozenshtein, Lawfare Senior Editor and Research Director; Renée DiResta, Lawfare Contributing Editor; and Jess Miers, visiting assistant professor of Law at the University of Akron School of Law, discuss the distinct risks that generative AI systems pose to children, particularly in relation to mental health. They explore the balance between the benefits and harms of AI, emphasizing the importance of media literacy and parental guidance. They also examine recent developments in AI safety me...

Sep 25, 20251 hr

Lawfare Daily: Analyzing the Administration's New Counterdrug Approach

Loren Voss, Public Service Fellow at Lawfare , sits down with Dan Byman, Lawfare Foreign Policy Editor and the Director of the Warfare, Irregular Threats, and Terrorism Program at the Center for Strategic and International Studies; Ryan Berg, Director of the Americas Program and Head of the Future of Venezuela Initiative also at CSIS; and Lawfare Senior Editor Scott R. Anderson. They talk about the new United States approach to drug smuggling, the lethal strikes against drug smuggling boats, and...

Sep 24, 202553 min

Lawfare Daily: What’s Behind Russian Incursions Into NATO

In this episode, Lawfare’ s Ukraine Fellow Anastasiia Lapatina sits down with Minna Ålander, an associate fellow at Chatham House Europe Program, and Mykhailo Soldatenko, a scholar of international law and a doctoral candidate at Harvard Law School, to discuss Russia’s recent air incursions into Poland and Estonia, and whether NATO’s response to it has been proportional. For more, read a report about Russian hybrid warfare co-authored by Minna Ålander. To receive ad-free podcasts, become a Lawfa...

Sep 23, 20251 hr 2 min

Lawfare Daily: The Trials of the Trump Administration, Sept. 18

In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Anna Bower, Eric Columbus, and Roger Parloff to discuss Kash Patel’s testimony in front of Congress, a preliminary injunction preventing the Trump administration from deporting some Guatemalan children, updates in Fed. Governor Lisa Cook’s challenge to President Trump’s attempt to remove her, and so much more. Support this show http://supporter.acast.com/lawfare . Hosted on Acast. See ...

Sep 22, 20251 hr 34 min

Lawfare Archive: Jane Bambauer, Ramya Krishnan, and Alan Rozenshtein on the Constitutionality of the TikTok Bill

From September 18, 2024: Jane Bambauer, Professor at Levin College of Law; Ramya Krishnan, Senior Staff Attorney at the Knight First Amendment Institute and a lecturer in law at Columbia Law School; Alan Rozenshtein, Associate Professor of Law at the University of Minnesota Law School and a Senior Editor at Lawfare , join Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare , to break down the D.C. Circuit Court of Appeals’ hearing in TikTok ...

Sep 21, 202543 min

Lawfare Archive: The Past, Present, and Future of War Powers with Brian Finucane and Matt Waxman

From September 12, 2024: Without new congressional authorization for its post-Oct. 7 operations in the Middle East, the Biden administration has sought to legally justify its military activities in the region based on the president’s constitutional authority and the application of existing statutory authorities to operations against new adversaries. These executive branch arguments are the outgrowth of similar arguments presidential administrations have made over the last few decades, largely re...

Sep 20, 20251 hr 2 min

Scaling Laws: AI Copyright Lawsuits with Pam Samuelson

On today's Scaling Laws episode, Lawfare Senior Editor and Research Director Alan Rozenshtein sits down with Pam Samuelson, the Richard M. Sherman Distinguished Professor of Law at the University of California, Berkeley, School of Law, to discuss the rapidly evolving legal landscape at the intersection of generative AI and copyright law. They dive into the recent district court rulings in lawsuits brought by authors against AI companies, including Bartz v. Anthropic and Kadrey v. Meta . They exp...

Sep 19, 20251 hr

Lawfare Daily: A Trip Through Pennsylvania’s Nascent AI Data Center Industry

On today’s episode, Lawfare Managing Editor Tyler McBrien sits down with with Maia Woluchem, the Director of Data & Society’s Trustworthy Infrastructures program, along with one of the program’s researchers, Livia Garofalo, and Joan Mukogosi, an affiliate with the program and a PhD candidate at the London School of Economics. They discuss their recent research trips across Pennsylvania, where they learned about the state’s industrial histories and futures, as well as the immediate and potent...

Sep 18, 202544 min

Rational Security: The “Ten Years, Still Off-Key” Edition

For this week's very special episode on Rational Security 's 10th anniversary, Scott sat down with a slew of co-hosts emeritus, each of whom brought their own topic to discuss. Shane Harris flagged the connections between online radicalization and the young men behind many recent public acts of gun violence, including the alleged perpetrator of the Charlie Kirk killing; Benjamin Wittes insisted we are STILL not talking enough about Russian drone incursions and other forms of gray zone warfare in...

Sep 17, 20251 hr 47 min

Lawfare Daily: What Israel's Gaza City Offensive and Airstrikes in Qatar Mean for the Region

For today's episode, Senior Editor Scott R. Anderson sits down with Dan Byman, Senior Fellow at the Center for Strategic and International Studies; Joel Braunold, Managing Director of the S. Daniel Abraham Center for Middle East Peace; and Natan Sachs, Senior Fellow at the Middle East Institute, to discuss several recent developments in the Israel-Hamas conflict and the broader region. Together, they discuss Israel's latest offensive in Gaza, its decision to launch airstrikes against Hamas's lea...

Sep 17, 20251 hr 7 min

Lawfare Daily: The Litigation Challenging Pres. Trump's Alien Enemies Act, with Lee Gelernt

Lee Gelernt, Deputy Director of the ACLU's Immigrants' Rights Project, speaks to Senior Editor Roger Parloff about the cases he has led challenging the validity of Pres. Trump's Alien Enemies Act Proclamation. They discuss the ACLU's recent victory in the U.S. Court of Appeals for the Fifth Circuit and the status of the group's original case, in Washington, D.C., including its attempt to inquire into whether Executive Branch officials defied court orders. To receive ad-free podcasts, become a La...

Sep 16, 202548 min

Lawfare Daily: The Trials of the Trump Administration, Sept. 12

In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Scott Anderson, Anna Bower, Eric Columbus, and Roger Parloff and Lawfare Public Service Fellow Michael Feinberg to discuss the Supreme Court staying a lower court order that prevented the firing of Rebecca Slaughter as FTC Commissioner, a federal appeals court upholding E. Jean Carroll’s judgement, Fed. Governor Lisa Cook’s lawsuit challenging President Trump’s attempt to fire her, the...

Sep 15, 20251 hr 43 min

Lawfare Archive: What the ‘Kids’ Think of NATO with Rachel Rizzo

From June 3, 2024: Rachel Rizzo, a nonresident senior fellow at the Atlantic Council’s Europe Center, joins Lawfare Managing Editor Tyler McBrien to talk about last month’s NATO Youth Summit. Building off of her chapter “NATO, Public Opinion, and the Next Generation: Remaining Relevant, Remaining Strong,” in the 2021 book, “NATO 2030: Towards a New Strategic Concept and Beyond,” Rizzo discusses what NATO thinks of Gen Z and Millennials, the many efforts the Alliance is making to pitch to them it...

Sep 14, 202531 min

Lawfare Archive: Brian Winter on the Imminent Election Crisis in Brazil

From September 27, 2022: In just under a week, on October 2, Brazil will hold the first round of its general election, which will determine the country's next president. To talk through all things Brazilian politics, Lawfare managing editor Tyler McBrien sat down with Brian Winter, editor-in-chief of Americas Quarterly and a journalist with over a decade of experience living and reporting across Latin America. They discussed the leading candidates, Jair Bolsonaro and Luiz Inácio Lula da Silva, t...

Sep 13, 202532 min
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