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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

Lawfare Archive: Zelensky’s Victory Plan, with Anastasiia Lapatina and Eric Ciaramella

From October 18, 2024: Following Ukrainian President Volodymyr Zelensky’s speech to the Ukrainian Parliament outlining his victory plan, Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Ukraine Fellow Anastasiia Lapatina and Eric Ciaramella of the Carnegie Endowment for International Peace. They talked about the components of the plan, the reaction from the United States and other allies, and what the plan says about the state of Ukraine's war effort. To receive ad-free podcasts, be...

Nov 28, 202543 min

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

From November 25, 2024: 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 Supporter at www.patreon....

Nov 27, 20251 hr 23 min

Lawfare Daily: Anastasiia Lapatina and Eric Ciaramella Talk Russia, Ukraine, and Trump

Lawfare Ukraine Fellow Anastasiia Lapatina and Eric Ciaramella of the Carnegie Endowment for International Peace join Editor in Chief Benjamin Wittes to discuss the last week's machinations surrounding a potential Russia-Ukraine peace deal. What is the actual American position? Is the United States abandoning Ukraine? Or is it now backing off the 28-point document it reportedly put together with Russian negotiators? To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon....

Nov 26, 202556 min

Lawfare Daily: Inside the Law Letting Senators Sue Over Phone Data

Lawfare Editor-in-Chief Benjamin Wittes talks with Executive Editor Natalie Orpett and Senior Editor Michael Feinberg about their recent Lawfare article examining a little-noticed piece of legislation that was slipped into the deal to end the government shutdown—one that gives senators a civil right of action to sue the U.S. government when their phone or metadata is accessed without notice, with a payout of $500,000 per “instance.” They discuss the potential consequences of the law for surveill...

Nov 25, 202547 min

Lawfare Live: Judge Dismisses Indictments Against James Comey and Letita James

At 4 pm ET, Lawfare Executive Editor Natalie Orpett will sit down with Lawfare Senior Editor Roger Parloff and Lawfare Contributor James Pearce to discuss a judge dismissing the indictments against both former FBI Director James Comey and New York Attorney General Letitia James, ruling that Lindsey Halligan was not properly appointed to served as U.S. Attorney for the Eastern District of Virginia. You can also watch the conversation on YouTube . To receive ad-free podcasts, become a Lawfare Mate...

Nov 24, 202541 min

Lawfare Daily: The Trials of the Trump Administration, Nov. 21

In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Molly Roberts, Roger Parloff and Eric Columbus and Lawfare Public Service Fellow Loren Voss to discuss a judge ordering the Trump administration to end the National Guard deployment in D.C., updates in the prosecutions of Letitia James and James Comey, a hearing in Kilmar Abrego Garcia’s civil case, and more.You can find information on legal challenges to Trump administration actions h...

Nov 24, 20251 hr 45 min

Lawfare Archive: The Saudi-Iran Deal Featuring China

From April 13, 2023: A few weeks ago, China made headlines for brokering a deal between Iran and Saudi Arabia to thaw diplomatic relations after seven years of cutting ties and even more years of tense relations. Since then, we've already begun to see some downstream effects of this deal, with significant movement on the war in Yemen and the reopening of Iran's embassy in Saudi Arabia. This is a story with two major strands—one about the potential effects of a successful normalization between Sa...

Nov 23, 202557 min

Lawfare Archive: Explaining the Michigan Fake Electors Prosecution

From August 16, 2023: On July 18, Michigan Attorney General Dana Nessel unveiled criminal charges against 16 people—the “fake electors” from that state who featured in Trump’s effort to hold onto power in 2020. Just a few weeks later, a special counsel in Michigan announced additional charges related to the 2020 election, this time against three people who allegedly accessed voting machines in the state without authorization. So if you’ve been tracking developments when it comes to accountabilit...

Nov 22, 202543 min

Lawfare Daily: The New U.N. Security Council Resolution on Trump’s Gaza Peace Plan, with Amb. Jeffrey Feltman and Joel Braunold

For today’s episode, Lawfare Senior Editor Scott R. Anderson sits down with Joel Braunold, Managing Director of the S. Daniel Abraham Center for Middle East Peace and a Lawfare contributing editor, and Ambassador Jeffrey Feltman, the John C. Whitehead Visiting Fellow in International Diplomacy at the Brookings Institution, who previously served as Undersecretary General for Political Affairs at the United Nations as well as the Assistant Secretary of State for Near Eastern Affairs, among other s...

Nov 21, 20251 hr 3 min

Lawfare Daily: All Things Ukrainian Energy with Anastasiia Lapatina

Lawfare Ukraine Fellow Anastasiia Lapatina has written two recent articles for Lawfare on energy and the Ukraine war. The first deals with the ongoing Russian attacks on the Ukrainian civilian power grid—attacks which actually interfered with the recording of this very podcast. The second details an ongoing corruption scandal rocking the Ukrainian political system, emerging from an alleged kickback scheme in the energy sector. Lapatina sits down with Benjamin Wittes to talk about the current pow...

Nov 20, 202550 min

Lawfare Live: Discussing the Hearings on James Comey’s Prosecution and the Alien Enemies Act

At 4pm ET on Nov. 19, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Molly Roberts, Anna Bower, and Roger Parloff to discuss two court hearings that occurred that day. First they discussed the hearing in the prosecution of James Comey. Then they briefly discussed the hearing in J.G.G. v. Trump, over potential contempt proceedings against the government concerning actions taken surrounding the deportation of some El Salvador immigrants to CECOT. This episode is a par...

Nov 19, 202554 min

Rational Security: The “Chicken Fight” Edition

This week, Scott sat down with his Lawfare colleagues Anna Bower, Michael Feinberg, and Roger Parloff to talk through the week’s big domestic news stories, including: “Diving Head First into the Shallow End of the Jury Pool.” A federal magistrate judge has concluded that the government may well have made substantial misrepresentations and other errors before the Grand Jury in the prosecution of former FBI director James Comey, and has ruled that Comey is entitled access to extraordinary discover...

Nov 19, 20251 hr 18 min

Lawfare Daily: Emily Hoge on Russian Mobsters at the Front

Benjamin Wittes sits down with Emily Hoge, a historian at Clemson University, who has written a pair of pieces for Lawfare recently about Russian mobsters and the war in Ukraine. They’re getting out of prison in exchange for service at the front. Some of them are surviving their service there and returning home by way of reward—and the Russian crime rate is skyrocketing as a result. Is all of this altering the Russian social contract, which promised to make the violence of the 1990s a thing of t...

Nov 19, 202546 min

Lawfare Daily: The Epstein Files and the Politicization of the Justice Department

Senior Editor Anna Bower speaks with Lawfare Public Service Fellow Michael Feinberg and Senior Editor Eric Columbus about the extraordinary actions taken by the Justice Department and Congress in response to calls for the release of investigative files related to Jeffrey Epstein. The discussion covers the DOJ’s unusual “review” of the Epstein files , Congress’s oversight role, proposed legislation aimed at compelling the release of these materials, and the department’s newly announced probe into...

Nov 18, 202558 min

Lawfare Daily: The Trials of the Trump Administration, Nov. 14

In a live conversation on YouTube, Lawfare Executive Editor Natalie Orpett sat down with Lawfare Senior Editors Anna Bower, Roger Parloff and Eric Columbus and Lawfare Public Service Fellow Loren Voss to discuss an update in the Georgia prosecution of President Trump, a hearing on whether Lindsey Halligan was lawfully appointed as U.S. attorney, a district court barring the deployment of National Guard to Portland, and more.You can find information on legal challenges to Trump administration act...

Nov 17, 20251 hr 29 min

Lawfare Archive: Big Tech and Law Enforcement, with Lukas Bundonis

From August 9, 2024: On today's episode, Lawfare' s Fellow in Technology Policy and Law Eugenia Lostri speaks with Senior Privacy Engineer at Netflix and former Army Reserve intelligence officer, Lukas Bundonis. They talked about the relationship between law enforcement and tech companies, what that relationship looks like in the U.S. and other countries, and the different ways in which that communication can be politicized. To receive ad-free podcasts, become a Lawfare Material Supporter at www...

Nov 16, 202550 min

Lawfare Archive: Will Generative AI Reshape Elections?

From November 29, 2023: Unless you’ve been living under a rock, you’ve probably heard a great deal over the last year about generative AI and how it’s going to reshape various aspects of our society. That includes elections. With one year until the 2024 U.S. presidential election, we thought it would be a good time to step back and take a look at how generative AI might and might not make a difference when it comes to the political landscape. Luckily, Matt Perault and Scott Babwah Brennen of the...

Nov 15, 202550 min

Scaling Laws: The AI Economy and You: How AI Is, Will, and May Alter the Nature of Work and Economic Growth with Anton Korinek, Nathan Goldschlag, and Bharat Chander

Anton Korinek, a professor of economics at the University of Virginia and newly appointed economist to Anthropic's Economic Advisory Council; Nathan Goldschlag, Director of Research at the Economic Innovation Group; and Bharat Chander, Economist at Stanford Digital Economy Lab, join Kevin Frazier, the AI Innovation and Law Fellow at the University of Texas School of Law and a Senior Editor at Lawfare , to sort through the myths, truths, and ambiguities that shape the important debate around the ...

Nov 14, 202545 min

Rational Security: The “Video Killed the Podcast Star” Edition

This week, Scott sat down with his Lawfare colleagues Natalie Orpett, Eric Columbus, and Molly Roberts, to talk through the week’s big national security news stories, including: “I Don’t Think You’re Ready for the Shutdown.” The record-setting shutdown of the U.S. government is set to come to an end after eight Democratic senators agreed to a continuing resolution that will fund all of the government through January 30, certain chunks of the government all the way through the end of the fiscal y...

Nov 13, 20251 hr 26 min

Lawfare Daily: Revolutions and the Rule of Law

In this episode, Michael Feinberg interviews Fareed Zakaria, whose book “ Age of Revolutions ” has just been issued with a new afterword in light of the return of the Trump Administration. The two discuss intellectual, cultural, and populist revolutions from history and what those events have to teach us about our current political moment. 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 ht...

Nov 13, 202550 min

Lawfare Daily: Tim Wu on ‘The Age of Extraction’

Lawfare Senior Editors Kate Klonick and Alan Rozenshtein talk to Columbia law professor Tim Wu about this new book, “ The Age of Extraction: How Tech Platforms Conquered the Economy and Threaten Our Future Prosperity .” The book is the final part of what Wu calls his trilogy—building on his prior best selling books “The Master Switch” and “Attention Merchants .” Klonick and Rozenshtein speak with Wu about how he sees the platforms as evolving in the 15 years since he started this series and what...

Nov 12, 202551 min

Lawfare Archive: Lindsay Chervinsky on ‘Making the Presidency’

From September 23, 2024: Lindsay Chervinsky is the Executive Director of the George Washington Library at Mount Vernon. She is also the author of a much celebrated new book on the John Adams presidency that is focused primarily on the national security decision-making of the second president and how it set norms for the conduct of the presidency and its powers with which we still live today. She sat down with Lawfare Editor-in-Chief Benjamin Wittes to talk about how Adams defended presidential p...

Nov 11, 20251 hr 9 min

Lawfare Daily: The Trials of the Trump Administration, Nov. 7

In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Anna Bower, Molly Roberts, Roger Parloff and Eric Columbus to discuss the criminal trial of the man who threw a sandwich at a federal immigration officer in D.C., a hearing in the prosecution of James Comey, litigation over the conditions of an immigration detention center in Illinois, and more.You can find information on legal challenges to Trump administration actions here . And chec...

Nov 10, 20251 hr 41 min

Lawfare Archive: Waxman and Ramsey on Delegating War Power

From January 22, 2024: There is much debate among academics and policy experts over the power the Constitution affords to the president and Congress to initiate military conflicts. But as Michael Ramsey and Matthew Waxman, law professors at the University of San Diego and Columbia, respectively, point out in a recent law review article , this focus misses the mark. In fact, the most salient constitutional war powers question—in our current era dominated by authorizations for the use of military ...

Nov 09, 202552 min

Lawfare Archive: The Dangers of Deploying the Military on U.S. Soil

From November 6, 2024: For today’s special episode, Lawfare General Counsel and Senior Editor Scott R. Anderson held a series of conversations with contributors to a special series of articles on “ The Dangers of Deploying the Military on U.S. Soil ” that Lawfare recently published on its website, in coordination with our friends at Protect Democracy. Participants include: Alex Tausanovitch, Policy Advocate at Protect Democracy; Laura Dickinson, a Professor at George Washington University Law Sc...

Nov 08, 20251 hr 34 min

Lawfare Daily: Supreme Court Oral Arguments on President Trump’s Tariffs

In a live conversation on November 5, Lawfare Senior Editor Scott R. Anderson sat down with Lawfare Contributing Editor Peter Harrell and Georgetown Law Professors Marty Lederman and Kathleen Claussen to discuss what occurred during oral arguments in the legal challenge to President Trump’s tariffs at the Supreme Court and how the justices may rule. This episode is a part of Lawfare’s new livestream series, Lawfare Live: The Now. Subscribe to Lawfare on Substack or YouTube to receive an alert fo...

Nov 07, 20251 hr 2 min

Lawfare Daily: Seeking Meaning at the Soviet Collapse, with Joseph Kellner

On today’s episode, Lawfare Managing Editor Tyler McBrien sits down with Joseph Kellner, an assistant professor of history at the University of Georgia to discuss his latest book, “ The Spirit of Socialism: Culture and Belief at the Soviet Collapse ,” which examines the millions of Soviet people who embarked on a “spirited and highly visible search for new meaning” during the dissolution of the U.S.S.R. They discuss the questions of epistemic authority, of cultural identity, and of history's ult...

Nov 06, 202538 min

Rational Security: The “Wea Culpa” Edition

This week, Scott sat down with co-hosts emeritus Benjamin Wittes and Alan Rozenshtein, and Senior Editor Kate Klonick, to talk through the week’s big national security news stories, including: “Cracks in the Foundation.” The conservative Heritage Foundation—and the broader conservative movement it plays a central role in—has been going through a very public crisis over the past week after its president, Kevin Roberts, came to the defense of right-wing commentator Tucker Carlson after Carlson cho...

Nov 05, 20251 hr 14 min

Lawfare Daily: The Looming Fall of Pokrovsk

In this episode, Lawfare ’s Ukraine Fellow Anastasiia Lapatina sits down with Francis Farrell, a front line reporter at the Kyiv Independent, to discuss the looming fall of Pokrovsk, the recent transformations of the front line, and whether Ukraine can ever give up Donbas, per Russia’s demand. 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 . Suppor...

Nov 05, 202543 min

Lawfare Daily: How Social Media Threatens Democracy, with Rick Pildes

On today’s episode, Lawfare Senior Editor Kate Klonick sits down with NYU law professor Rick Pildes to discuss his article, “ Political Fragmentation in Democracies in the West ,” which was featured in a New York Times opinion column by Thomas Edsall on the link between smartphone and social media use and threats to democracy. The two discuss the admittedly sprawling topic from a historical perspective—comparing the impact of the internet to that of the printing press, the radio, and cable telev...

Nov 04, 202555 min
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