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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 Daily: The Trials of the Trump Administration, Jan. 16

In a live conversation on YouTube , Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Anna Bower, Roger Parloff, Michael Feinberg and Molly Roberts to discuss the investigation of Federal Reserve chair Jerome Powell, Senator Mark Kelly’s suit against the Department of Defense, Illinois and Minnesota’s lawsuits against the Department of Homeland Security over an increase in deployment of federal immigration enforcement agents, and more. You can find information on legal...

Jan 19, 20261 hr 35 min

Lawfare Archive: Content Moderation Comes for Parler and Gettr

From September 9, 2021: Let’s say you’re a freedom-loving American fed up with Big Tech’s effort to censor your posts. Where can you take your business? One option is Parler—the social media platform that became notorious for its use by the Capitol rioters. Another is Gettr—a new site started by former Trump aide Jason Miller. Unfortunately, both platforms have problems. They don’t work very well. They might leak your personal data. They’re full of spam. And they seem less than concerned about h...

Jan 18, 202657 min

Lawfare Archive: The Trump Administration’s Latest Moves to Dismantle the Iran Nuclear Agreement with Peter Harrell and Richard Nephew

From June 8, 2020: On May 27, the Trump administration announced that it was withdrawing sanctions waivers that had allowed Russian, Chinese and European companies to work with Iran on sensitive Iranian nuclear sites in support of the goals of the 2015 Iran nuclear agreement. Margaret Taylor talked about what it really means with two experts: Peter Harrell, an attorney and adjunct senior fellow at the Center for a New American Security, and Richard Nephew, senior research scholar at the Center o...

Jan 17, 202637 min

Scaling Laws: How AI Can Transform Local Criminal Justice, with Francis Shen

Alan Rozenshtein, research director at Lawfare , spoke with Francis Shen, Professor of Law at the University of Minnesota, director of the Shen Neurolaw Lab, and candidate for Hennepin County Attorney. The conversation covered the intersection of neuroscience, AI, and criminal justice; how AI tools can improve criminal investigations and clearance rates; the role of AI in adjudication and plea negotiations; precision sentencing and individualized justice; the ethical concerns around AI bias, fai...

Jan 16, 202653 min

Rational Security: The “Scare Them When They’re Young” Edition

This week, Scott sat down with his Lawfare colleagues Tyler McBrien, Michael Feinberg, and Ariane Tabatabai to talk through the week’s big news in national security, including: “Between Iraq and a Hard Place.” Iran is engaged in perhaps its most serious bout of domestic unrest in a decade, spurred on by a failing economy and the seeming political weakness of the regime after its devastating military conflict with Israel and the United States this past summer. But the regime has struck back vicio...

Jan 15, 20261 hr 17 min

Lawfare Daily: Entrepreneurial Federalism and the New National Security, with Ashley Deeks and Kristen Eichensehr

On today's episode, Lawfare Senior Editor Scott R. Anderson sits down with Lawfare Contributing Editor Professor Ashley Deeks of the University of Virginia School of Law and Professor Kristen Eichensehr of Harvard Law School to discuss their recent article entitled, " Federalism and the New National Security ," recently published in the Harvard Law Review. Together, they discuss the new ways that states are engaging in national security policy (which Deeks and Eichensehr call "entrepreneurial fe...

Jan 15, 202643 min

Lawfare Daily: The U.S. Foreign Service at a ‘Breaking Point,’ with John Dinkelman

On today’s episode, Lawfare Managing Editor Tyler McBrien sits down with John Dinkelman, president of the American Foreign Service Association (AFSA), to discuss his organization’s latest report, entitled, “ At the Breaking Point: The State of the U.S. Foreign Service in 2025 .” They talk about why AFSA undertook such a project after the federal government workforce survey was canceled earlier in the year, the report’s major findings, and why a robust foreign service is vital to U.S. national se...

Jan 14, 202629 min

Lawfare Daily: The Latest in Iran, with Richard Nephew

Iran is once again witnessing large-scale protests, on which the regime is cracking down through mass arrests and deadly force. President Trump has stated that the United States would come to the rescue of Iranians if the regime continues to kill protestors. Meanwhile, Tehran continues to reconstitute its nuclear program, which was damaged during the 12-day war over the summer. President Trump has threatened to eliminate Iran’s nuclear and missile programs if Tehran does not stop rebuilding its ...

Jan 13, 202654 min

Lawfare Daily: The Trials of the Trump Administration, Jan. 9

In a live conversation on YouTube , Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Roger Parloff Michael Feinberg and Eric Columbus to discuss the shooting by an ICE agent in Minnesota, what the Maduro indictment means for the Alien Enemies Act cases, the disqualification of the U.S. attorney for the Northern District of New York, and moreYou can find information on legal challenges to Trump administration actions here . And check out Lawfare ’s new homepage on the ...

Jan 12, 20261 hr 41 min

Lawfare Archive: Former Ambassador Roberta Jacobson on the Mexico Presidential Election

From June 18, 2024: On June 2, Mexico held one of the largest elections in its history and the electorate voted in the country's first women, and Jewish, president, Claudia Sheinbaum. Sheinbaum was endorsed by outgoing President Andrés Manuel López Obrador (AMLO), who critics charge as pushing a series of anti-democratic policies including a substantial judicial overhaul. To discuss this historic election and what President-elect Claudia Sheinbaum may do in office, Lawfare Associate Editor for C...

Jan 11, 202645 min

Lawfare Archive: A Jan. 6 Committee Staffer on Far-Right Extremism

From February 15, 2023: The Jan. 6 committee’s final report on the insurrection is over 800 pages, including the footnotes. But there’s still new information coming out about the committee’s findings and its work. Last week, we brought you an interview with Dean Jackson , one of the staffers who worked on the Jan. 6 committee’s investigation into the role of social media in the insurrection. Today, we’re featuring a conversation with Jacob Glick, who served as investigative counsel on the commit...

Jan 10, 202657 min

Lawfare Daily: The Legal Fallout After a Fatal ICE Shooting in Minneapolis

Lawfare Senior Editor Anna Bower speaks with fellow Senior Editors Eric Columbus and Mike Feinberg about the fatal shooting of Renee Nicole Good by an ICE officer in Minneapolis. The discussion covers what is currently known about the incident and the conflicting accounts offered by DHS and the White House in contrast with bystander video. The panel also discusses DHS use-of-force policies, the federal government’s reported investigation of the shooting, and the legal framework governing state p...

Jan 09, 202641 min

Scaling Laws: A Year That Felt Like a Decade: 2025 Recap with Sen. Maroney and Neil Chilson

Connecticut State Senator James Maroney and Neil Chilson, Head of AI Policy at the Abundance Institute, join Kevin Frazier, the AI Innovation and Law Fellow at the University of Texas School of Law and a Senior Editor at Lawfare , and Alan Rozenshtein, Associate Professor at Minnesota Law and Research Director at Lawfare , for a look back at a wild year in AI policy. Neil provides his expert analysis of all that did (and did not) happen at the federal level. Senator Maroney then examines what tr...

Jan 09, 202655 min

Rational Security: The “Caracas Like a Hurricane” Special Venezuela Edition

This week, Scott sat down with his Lawfare colleagues Benjamin Wittes, Natalie Orpett, and Molly Roberts for a special deep-dive into the intervention in Venezuela, including: “A Hop, Skip, and Jump Across the Rubicon.” This past weekend, the Trump administration took the step that Trump has been threatening for months: he deployed special operations to capture Venezuelan dictator Nicolás Maduro and bring him to the United States for criminal prosecution. The targeted operation was only hours lo...

Jan 08, 20261 hr 6 min

Lawfare Daily: Mary Clare Jalonick on ‘Storm at the Capitol’

Senior Editor Michael Feinberg and Associated Press reporter Mary Clare Jalonick sit down to discuss Mary Clare’s oral history of the events of Jan. 6, “ Storm at the Capitol .” The two reflect on their own experiences from that day, and try to puzzle out what lessons can be drawn from them five years later. 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-ins...

Jan 08, 202647 min

Lawfare Daily: The Trials of the Trump Administration, Jan. 5

In a live conversation on YouTube , Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Anna Bower, Scott Anderson, Michael Feinberg and Eric Columbus and Lawfare Associate Editor Katherine Pompilio to discuss the Supreme Court’s decision on President Trump’s domestic deployment of the National Guard in many cities, Jack Smith’s testimony in front of the House, developments in Kilmar Abrego Garcia’s case, a hearing in the arrest of Venezuelan President Nicolas Maduro and...

Jan 07, 20261 hr 20 min

Lawfare Daily: Jan. 6, 2026: Five Years of Congressional Action and Inaction

Today is the fifth anniversary of the Jan. 6, 2021, attack at the U.S. Capitol. That day marked the beginning of a reckoning across the entirety of the U.S. government. How did this happen? What does it mean? And how do we stop it from happening again? On today's podcast, Executive Editor Natalie Orpett discusses how Congress has been responding to these questions with current and former Lawfare senior editors Eric Columbus, Quinta Jurecic, and Molly Reynolds. They talk about what Congress has d...

Jan 06, 20261 hr 5 min

Lawfare Daily: The U.S. Strike on Venezuela and Capture of Nicolás Maduro

During a live YouTube discussion on Jan. 4 , Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editor Scott R. Anderson, Foreign Policy Editor Dana Stuster, and Public Service Fellow Loren Voss to discuss what we know—and what we don’t know—about the legal issues raised by the U.S. strike on Venezuela and the capture of Venezuelan leader Nicolás Maduro. They spoke about what the administration's possible policy goals are in Venezuela, the potential legal justifications for the...

Jan 05, 202650 min

Lawfare Archive: How the FCC is Tackling National Security with Enforcement Bureau Chief Loyaan Egal

From October 9, 2024: For today’s episode, Loyaan Egal, the Chief of the Enforcement Bureau at the Federal Communications Commission (“FCC”), sat down with Lawfare Senior Editor and General Counsel Scott R. Anderson and Lawfare Contributing Editor and Morrison Foerster partner Brandon Van Grack to discuss the FCC’s growing but often underappreciated role in advancing U.S. national security. They covered how the FCC’s mandate intersects with U.S. national security concerns, how the FCC is tacklin...

Jan 04, 202655 min

Lawfare Archive: Mayor Adams, the Feds, and a Whole Lot of Foreign Money

From September 30, 2024: New York Mayor Eric Adams is facing indictment in connection with a foreign influence scheme involving Turkey. It’s the latest in a long string of actions by the Justice Department to counter foreign efforts to interfere in the American political system. Lawfare Editor-in-Chief Benjamin Wittes sat down with Managing Editor Tyler McBrien, Senior Editor Quinta Jurecic, and Contributing Editor Brandon Van Grack to discuss the charges against Adams and the larger pattern of ...

Jan 03, 202646 min

Lawfare Daily: Ask Us Anything About 2025

Today's Lawfare Daily is Lawfare's annual "Ask Us Anything" mailbag episode where Lawfare contributors answered listener-submitted questions. Scott R. Anderson, Natalie Orpett, Benjamin Wittes, Kevin Frazier, Eric Columbus, Loren Voss, Molly Roberts, Jakub Kraus, Anna Bower, and Roger Parloff address questions on everything from presidential immunity to AI regulations to the domestic deployment of the military. Thank you for your questions. And as always, thank you for listening. To receive ad-f...

Jan 02, 20261 hr 29 min

Lawfare Archive: FISA 702 Passes the House

From April 16, 2024: Friday morning, the House of Representatives suddenly—after failing to do so earlier in the week—took up the reauthorization of FISA 702. They considered a bunch of amendments, one of which failed on a tie vote, and then proceeded to pass reauthorization of 702. Immediately after the votes, Lawfare Editor-in-Chief Benjamin Wittes spoke with Lawfare Senior Editors Stephanie Pell and Molly Reynolds, and Lawfare Student Contributor Preston Marquis. They talked about how the cen...

Jan 01, 202654 min

Lawfare Archive: Russia’s Aggression Against Ukraine and the International Legal Order

From April 4, 2023: Russia’s invasion of Ukraine has tested the international legal order like never before. For many, the fact that a nuclear power and member of the U.N. Security Council would commit unveiled aggression against another state seemed like it might be the death knell of the international system as we know it. But last week, in the annual Breyer Lecture on International Law at the Brookings Institution, Oona Hathaway, the Gerard C. and Bernice Latrobe Professor of International La...

Dec 31, 20251 hr 29 min

Rational Security: The “Inadequate Chicken Moved to Inferior Location” Special End-of-Year Edition

For the podcast’s annual end-of-year episode, Scott sat down with co-host emeritus Benjamin Wittes, Senior Editor Anna Bower, and Managing Editor Tyler McBrien to talk over listener-submitted topics and object lessons, including: Which sphere of influence is Western Europe in today? What should we make of President Trump's lawsuit against BBC? After nearly a year of the Trump Administration, how do you view the record of Attorney General Merrick Garland? What does the military campaign against a...

Dec 30, 20251 hr 4 min

Lawfare Daily: Tom Brzozowski on Domestic Terrorism Investigations and Prosecutions

Senior Editor Michael Feinberg and Tom Brzozowski, formerly of the Justice Department, sit down to talk over recent changes set in motion by the White House and Justice Department with respect to domestic terrorism investigations and prosecutions, and sound a warning from history at how these changes hearken back to pre-Church Committee practices. 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 donati...

Dec 30, 202553 min

Lawfare Daily: The 2026 National Defense Authorization Act

In this episode, Ariane Tabatabai, Scott R. Anderson, and Loren Voss discuss the National Defense Authorization Act (NDAA) for Fiscal Year 2026. They take stock of how Congress is reasserting itself vis-a-vis the Trump administration on matters related to the national defense, as well as the NDAA’s key provisions. Relevant links: National Defense Authorization Act for Fiscal Year 2026 United States Senate Committee on Armed Services Executive Summary of the 2026 NDAA “ Senate passes defense bill...

Dec 29, 20251 hr 1 min

Lawfare Archive: Lidsky and Koningisor on First Amendment Disequilibrium

From March 6, 2024: Executive branch constraints and the posture of the media have shifted in significant ways over the past two decades. Lyrissa Lidsky and Christina Koningisor, law professors at the University of Florida and the University of California San Francisco, respectively, argue in a forthcoming law review article that these changes—including the erosion of certain post-Watergate reforms and the decline of local news—have created a First Amendment disequilibrium. They contend that the...

Dec 28, 202551 min

Lawfare Archive: Ask Us Anything About 2024

From January 2, 2025: You called in with your questions, and Lawfare contributors have answers! Benjamin Wittes, Kevin Frazier, Quinta Jurecic, Eugenia Lostri, Alan Rozenshtein, Scott R. Anderson, Natalie Orpett, Amelia Wilson, Anna Bower, and Roger Parloff addressed questions on everything from presidential pardons to the risks of AI to the domestic deployment of the military. Thank you for your questions. And as always, thank you for listening. To receive ad-free podcasts, become a Lawfare Mat...

Dec 27, 20251 hr 16 min

Lawfare Daily: The Year That Was: 2025

Every year, Lawfare publishes a retrospective of the year that passed. Today, we’re pleased to bring you an audio debrief of that article, The Year That Was: 2025, which you can read in full on our website starting December 31. Lawfare is focused on producing timely, rigorous, and non-partisan analysis of “hard national security choices.” And this year, that work was—to use an expression as tired as we are—like drinking from a firehose. We did our best to keep up. We published more than 1,000 ar...

Dec 26, 202556 min

Lawfare Archive: The National Security Law Podcast: Han Shot First

From October 18, 2017: If you were unsure about whether your hosts are geeks, this episode will help settle the question. But before we get to what Professors Chesney and Vladeck think they know but don’t really, here’s the stuff they actually do know something about! First, the travel ban. Buckle up, there’s a new nationwide TRO, out of Hawaii, enjoining enforcement of most of Travel Ban 3.0. Second, a double-shot of the Nashiri military commissions case. The Supreme Court denied cert. , seemin...

Dec 25, 202558 min
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