The Lawfare Podcast: Patreon Edition

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

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

On March 21, Lawfare Editor-in-Chief Benjamin Wittes sits down with Lawfare Senior Editors Anna Bower, Quinta Jurecic, and Roger Parloff to discuss the status of the civil litigation against President Trump’s executive actions, including DOGE’s incursions on the U.S. Institute of Peace, the invocation of the Alien Enemies Act, and the firing of probationary employees. Hosted on Acast. See acast.com/privacy for more information.

From March 21, 2023: By many accounts, the United States is living through a new era of competition—not just between major powers and strategic rivals, but between ideologies. Around the world, many authoritarian governments seem to be on the rise, even as many liberal democracies are facing a crisis of confidence, including, by some accounts, here in the United States.In a new book entitled, “Defeating the Dictators,” Charles Dunst, a former journalist and current deputy director of research and analytics at The Asia Group, lays out what he sees as the right strategy for making democracies more effective and defeating the appeal of authoritarian government. Lawfare Senior Editor Scott R. Anderson sat down with him to discuss his new book, the importance he places on Singapore as a case study, and how the domestic remedies he focuses on translate into foreign policy. Hosted on Acast. See acast.com/privacy for more information.

From May 9, 2023: Since March 2022, El Salvador has been under a state of exception as its President Nayib Bukele seeks to crack down on the country’s powerful gangs. Bukele, who once described himself on Twitter as the “world’s coolest dictator,” has engaged in a prolonged attack on El Salvador’s democratic institutions. And the crackdown has resulted in a range of human rights abuses. At the same time, Bukele really does seem to have been successful in curbing gang violence, and his popularity is sky high. To understand the situation in El Salvador, Lawfare Senior Editor Quinta Jurecic spoke with Manuel Meléndez-Sánchez, a PhD candidate in Political Science at Harvard University who has written about Bukele on Lawfare. They discussed why Bukele’s crackdown on the gangs seems to be working, why it might fall apart in the long term, and what Bukele’s rise means for democracy in El Salvador and around the world. Hosted on Acast. See acast.com/privacy for more information.

For today's episode, Lawfare Foreign Policy Editor Daniel Byman interviewed Gregory Johnsen, a non-resident fellow at the Arab Gulf States Institute in Washington, D.C. Johnsen explains the rationale of the Trump administration's decision to bomb Yemen but argues that it will have little effect on the Houthis. Indeed, Johnsen contends that the Houthis are spoiling for a fight with the United States and Israel, believing that this will generate support within Yemen that will help them increase their power. Hosted on Acast. See acast.com/privacy for more information.

Dan Hendrycks, Director of the Center for AI Safety, joins Kevin Frazier, the AI Innovation and Law Fellow at the UT Austin School of Law and Contributing Editor at Lawfare, to discuss his recent paper (co-authored with former Google CEO Eric Schmidt and Scale AI CEO Alexandr Wang), “Superintelligence Strategy.” Hosted on Acast. See acast.com/privacy for more information.

This week, Scott sat down with Rational Security veterans and Lawfare colleagues Benjamin Wittes and Molly Reynolds to talk through the week’s big national security news, including:“House Odds.” Speaker of the House Mike Johnson scored an unlikely win last week, when he kept the narrow (and notoriously fractious) Republican house majority united enough to pass its own continuing resolution to keep the government open—and then successfully got enough Democrats to acquiesce to debate on it for it to pass through the Senate without amendment. What does this tell us about the current dynamics in Congress—and what the Democratic minority in either chamber might realistically hope to achieve moving forward?“This Pressure Goes to Eleven.” The Trump administration amped up military operations in the Middle East this week, taking out a senior ISIS leader in Iraq, pursuing an aggressive set of airstrikes against the Houthis in Yemen, and greenlighting a renewal of Israeli hostilities in Gaza, seemingly ending the weeks-long ceasefire that had prevailed there. The common thread across all three sets of action seems to be Iran, a regime that the Trump administration has both socked with a return of maximum pressure sanctions and sought to engage on possible negotiations over its nuclear program. Is this new maximum maximum-pressure campaign likely to work? What risks and benefits does it present?“Saying the Quiet Part Incredibly Loud and at Length.” President Trump gave an unprecedented speech at the Justice Department last week, where he spent over an hour misrepresenting the criminal cases that had been made against him prior to his rising to the presidency and naming specific individuals as enemies who he indicated should be arrested. What motivated his address? And what will it mean for the campaign of vengeance he is slowly rolling out against his perceived political enemies?In object lessons, Molly momentarily set aside her usual evangelism for regional NPR-affiliate podcasts to champion Good Politics/Bad Politics, a Substack deep-dive into U.S. elections and governance by Jonathan Bernstein, Julia Azari, and David S. Bernstein. Scott, ever the escapist, steered clear of wands and wizardry but still embraced fantasy with Lev Grossman’s “The Bright Sword.” And Ben lamented the recent gutting of Voice of America—only to note that those voices haven’t vanished. They’re just looking for a new frequency. Hosted on Acast. See acast.com/privacy for more information.

For today's episode, Lawfare Foreign Policy Editor Daniel Byman interviewed Steven Heydemann, the Director of the Middle East Studies Program at Smith College, to assess the fast-changing developments in Syria today. Heydemann discusses the surge in communal violence in Syria, the deal between the new Hayat Tahrir al-Sham-led government and Syria's Kurds, Israel's counterproductive interventions, and U.S. policy toward the new regime in Damascus.  Hosted on Acast. See acast.com/privacy for more information.

Derek Thompson, a senior editor at The Atlantic and co-author (with Ezra Klein) of Abundance, joins Renée DiResta, Associate Research Professor at the McCourt School of Public Policy at Georgetown and a Contributing Editor at Lawfare, and Kevin Frazier, AI Innovation and Law Fellow at the UT Austin School of Law and Contributing Editor at Lawfare, to discuss the theory of Abundance and its feasibility in an age of political discord and institutional distrust. Hosted on Acast. See acast.com/privacy for more information.

On this month’s minipod, Lawfare Associate Editor for Communications Anna Hickey talked to Lawfare Contributing Editor Chris Mirasola about the limits to the deployment of the military, both domestically and internationally. Hosted on Acast. See acast.com/privacy for more information.

In a live conversation on March 14, Lawfare Editor in Chief Benjamin Wittes, sat down with assistant professor of law at the University of Kentucky Matt Boaz and Lawfare Senior Editors Anna Bower and Scott Anderson to discuss legal challenges to the Trump administration’s executive actions, including the detention of permanent resident Mahmoud Khalil, the birthright citizenship executive order, dismantling of USAID, the firing of probationary employees across the federal government, and more.You can find information on legal challenges to Trump administration actions here. Hosted on Acast. See acast.com/privacy for more information.

From December 15, 2020: Alan Rozenshtein sat down with Yaya Fanusie, a former CIA analyst and an expert on the national security implications of cryptocurrencies, who recently published a paper as part of Lawfare's ongoing Digital Social Contract research paper series, entitled, "Central Bank Digital Currencies: The Threat From Money Launderers and How to Stop Them." They talked about how central banks are exploring digital currencies, how those currencies might in turn be used by criminals and terrorist groups, and how governments and the private sector should respond. Hosted on Acast. See acast.com/privacy for more information.

From October 6, 2023: The First Amendment protects speech, but what kind? True speech, sure. But what about false or misleading speech? What if it's harmful? After all, you can't yell fire in a crowded theater—or can you?To answer these questions, Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare spoke with Jeff Kosseff, who is an Associate Professor of Cybersecurity Law in the United States Naval Academy’s Cyber Science Department and a Contributing Editor at Lawfare. Jeff is releasing his latest book this month, titled "Liar in a Crowded Theater: Freedom of Speech in a World of Misinformation," in which he describes, and defends, the First Amendment's robust protections for false and misleading speech.They spoke about the book, why you sometimes can yell fire in a crowded theater, and how new technology both superchargers misinformation and provides new tools to fight it. Hosted on Acast. See acast.com/privacy for more information.

This episode of the Lawfare Podcast features Glen Weyl, economist and author at Microsoft Research; Jacob Mchangama, Executive Director of the Future of Free Speech Project at Vanderbilt; and Ravi Iyer, Managing Director of the USC Marshall School Neely Center.Together with Renee DiResta, Associate Research Professor at the McCourt School of Public Policy at Georgetown and Contributing Editor at Lawfare, they talk about design vs moderation. Conversations about the challenges of social media often focus on moderation—what stays up and what comes down. Yet the way a social media platform is built influences everything from what we see, to what is amplified, to what content is created in the first place—as users respond to incentives, nudges, and affordances. Design processes are often invisible or opaque, and users have little power—though new decentralized platforms are changing that. So they talk about designing a prosocial media for the future, and the potential for an online world without Caesars.Articles Referenced:https://arxiv.org/abs/2502.10834https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4178647https://www.techdirt.com/2025/01/27/empowering-users-not-overlords-overcoming-digital-helplessness/https://kgi.georgetown.edu/research-and-commentary/better-feeds/https://knightcolumbia.org/content/the-algorithmic-management-of-polarization-and-violence-on-social-mediahttps://time.com/7258238/social-media-tang-siddarth-weyl/https://futurefreespeech.org/scope-creep/https://futurefreespeech.org/preventing-torrents-of-hate-or-stifling-free-expression-online/https://www.thefai.org/posts/shaping-the-future-of-social-media-with-middleware Hosted on Acast. See acast.com/privacy for more information.

On today’s episode, Van Jackson, Professor of International Relations at Victoria University of Wellington, and Michael Brenes, Associate Director of the Brady-Johnson Program in Grand Strategy and Lecturer in History at Yale University, join Lawfare Managing Editor Tyler McBrien to talk about their new book,  “The Rivalry Peril: How Great-Power Competition Threatens Peace and Weakens Democracy,” in which they make the case for the United States to take a less aggressive approach to China. They discussed the pitfalls of great power competition, the origins of the China threat, and why a destructive U.S.-China rivalry is our choice, rather than our destiny. Hosted on Acast. See acast.com/privacy for more information.

This week, Scott sat down with Lawfare Senior Editor and co-host emeritus Alan Rozenshtein and Lawfare Executive Editor Natalie Orpett to talk through the week’s big national security news, including:“Lowering the Bar.” Last week, the Trump administration took aim at two leading law firms—Covington & Burling and Perkins Coie—by repealing lawyers’ security clearances and setting limits on the extent to which government actors can contract with them, on the apparent grounds that they worked for Trump’s perceived enemies. Is this legal? Will it be challenged? And what will the effect be on the legal industry?“Big Math on Campus.” The Trump administration recently announced its intent to withhold $400 million in government grants from Columbia University, on the grounds that it had not done enough to combat anti-semitism on campus—a measure it paired with an indication that it would repeal student visas from those who had expressed “pro-Hamas” views. Is this tack a proper or legally sustainable one? And what impact will it have on academic communities in the United States?“Nothing Is Certain but Death and Ta…Well, at Least Death.” After temporarily delaying tariffs on Canada and Mexico after 48 hours last month, President Trump assured everyone that they were definitely getting installed this month. But once again, after a few days, he rescinded many of them. Nonetheless, the uncertainty surrounding this administration’s policies has markets spooked, triggering fears of a recession—something President Trump has indicated people may just have to live through. What are the real costs and benefits of Trump’s oscillating trade policies?In object lessons, Alan went full nerd and prescribed himself a decade-long literary exile with “Gardens of the Moon,” the first in Steven Erikson’s ten-book epic. Scott’s old ass, meanwhile, threw its weight behind “My Old Ass,” a film about a young woman navigating family, love, and self-discovery—all with a little hallucinogenic assistance. And Natalie logrolled like a pro, plugging Quinta Jurecic’s guest spot on The Ezra Klein Show, where Quinta delivers one of Natalie’s all-time favorite “Quintaisms”—with all the necessary context baked right in. Hosted on Acast. See acast.com/privacy for more information.

Jack Goldsmith sits down with Zachary Price, Professor of Law at UC Law San Francisco and author of the new book, “Constitutional Symmetry: Judging in a Divided Republic,” which argues for judges to make decisions that work “symmetrically” across major partisan and ideological divides. He explores the implications of this theory in the context of the Trump administration's legal actions, particularly regarding the removal power and the Supreme Court's evolving jurisprudence. The two discuss the implications of the unitary executive theory, particularly in relation to presidential power over law enforcement and executive orders. They analyze the TikTok executive order as a case study of presidential discretion and its potential overreach. The discussion also covers the implications of the Impoundment Control Act on congressional authority and the importance of maintaining a balance of power between the executive and legislative branches. Finally, they explore the concept of “constitutional symmetry” in the context of separation of powers and the role of civil service in preserving governmental integrity.  Hosted on Acast. See acast.com/privacy for more information.

Carla Reyes, Associate Professor of Law at SMU Dedman School of Law, and Drew Hinkes, a Partner at Winston & Strawn with a practice focused on digital assets and advising financial services clients, join Kevin Frazier, Contributing Editor at Lawfare, to discuss the latest in cryptocurrency policy. The trio review the evolution of crypto-related policy since the Obama era, discuss the veracity of dominant crypto narratives, and explore what’s next from the Trump administration on this complex, evolving topic. Read more:TRM Labs 2025 Crypto Crime Report: https://www.trmlabs.com/2025-crypto-crime-report2023 FDIC National Survey of Unbanked and Underbanked Households: https://www.fdic.gov/household-survey Hosted on Acast. See acast.com/privacy for more information.

In a live conversation on March 7, Lawfare Executive Editor Natalie Orpett, sat down with associate professor of law at the University of Minnesota Law School Nick Bednar and Lawfare Senior Editors Anna Bower and Scott Anderson to discuss legal challenges to the Trump administration’s executive actions, including DOGE attempting to enter the U.S. African Development Foundation, the firing of probationary employees across the executive branch, and more. Hosted on Acast. See acast.com/privacy for more information.

From March 1, 2022: Over the past week, the United States and its allies have responded to Russia's military invasion of Ukraine with some unprecedented actions of their own—economic sanctions that target Russia in ways that have never been tried before, let alone applied to one of the world's largest economies over just a handful of days.To discuss this revolutionary sanctions strategy and what it may mean moving forward, Scott R. Anderson sat down with two sanctions experts: Julia Friedlander, senior fellow at the Atlantic Council, and Rachel Ziemba, adjunct fellow at the Center for a New American Security. They talked about the different types of sanctions being applied, what impact they will have on the Russian economy and what the consequences may be, not just for the conflict in Ukraine, but for the rest of the world moving forward. Hosted on Acast. See acast.com/privacy for more information.

From February 26, 2024: At a South Carolina campaign rally on Feb. 10, former President Donald Trump told a crowd of supporters that while he was president he told “one of the presidents of a big country” in the NATO alliance that he would not protect that country from a Russian invasion if that country didn’t pay. Trump then said, “In fact, I would encourage them to do whatever the hell they want. You got to pay. You got to pay your bills.” Lawfare Managing Editor Tyler McBrien sat down with Lawfare Senior Editor Scott R. Anderson to talk through Trump’s NATO comments, why they’re rattling European allies, whether a U.S. president could destroy the alliance, and how Congress might stop it. They also talked about why everyone here at Lawfare calls Section 1250A of the recent National Defense Authorization Act the “Anderson Saves NATO” provision. Hosted on Acast. See acast.com/privacy for more information.

For today's episode, Lawfare general counsel and senior editor Scott R. Anderson sat down with Edward Fishman, a senior research scholar at the Center for Global Energy Policy within Columbia University's School of International and Public Affairs, to discuss his new book: "Chokepoints: American Power in the Age of Economic Warfare."They discussed Fishman's own career at the cutting edge of economic statecraft, the evolving toolkit it has come to present U.S. policymakers, the role he thinks it will play in our new era of major power competition, and what it may all mean for the future of the global order. Hosted on Acast. See acast.com/privacy for more information.

In the first weeks of the second Trump administration, the Office of Management and Budget abruptly froze trillions of dollars in federal funds—sparking a crisis over impoundment, the executive branch’s assertion of authority to refuse to distribute money appropriated by Congress. Since then, the administration has attempted to withhold further funds disbursed by specific agencies and attempted to dismantle some agencies altogether. Many of these efforts have been blocked by courts. But Congress—the branch of government whose constitutional authority is being usurped—has remained strikingly quiet.To discuss the state of play on impoundment, Lawfare Senior Editor Quinta Jurecic caught up with Eloise Pasachoff, a professor at the Georgetown University Law Center, and Brookings Senior Fellow and Lawfare Senior Editor Molly Reynolds. They talked about how things have developed since January, how the courts and Congress are handling the crisis, and how it might shape congressional negotiations to avoid a government shutdown as soon as March 15. Note: This podcast was recorded on March 4, before the Supreme Court’s March 5 ruling denying the Trump administration’s request to continue a freeze on billions of dollars in foreign aid and sending the case back down to the district court for further litigation. Hosted on Acast. See acast.com/privacy for more information.

This week, Scott was joined by his Lawfare colleagues Molly Reynolds and Quinta Jurecic to work through the week’s big national security news stories, including:“Kyiv Calm and Tarry On.” This past Friday, Ukrainian President Volodymyr Zelenskyy visited the White House for what turned into a disastrous meeting, in which President Donald Trump and Vice President J.D. Vance baited him into a heated public argument over Russia’s invasion of his country. In its aftermath, Trump refused to sign the minerals deal Zelensky was there to finalize and has now cut off U.S. assistance to Ukraine—though, at the time of recording, reports were emerging that the minerals deal was now back on track. And while European allies have stepped up their support for Ukraine, Trump’s Republican allies have united in support of him and increasingly called for Zelenskyy’s resignation. What contributed to this explosive about-face in U.S. policy towards Ukraine? And what does it tell us about the Trump administration’s decision-making?“Betting Against the House.” House Majority Leader Mike Johnson scored what many are framing as a big win last week when he—with help from President Trump and ally Elon Musk—was able to unite his fractious caucus’s narrow majority to pass their preferred budget. But there are concerns that aspects of the budget—and the broader agenda Trump is pressuring his party to unite behind—will likely undermine Republicans’ prospects of holding the House in 2026 midterm elections. What is the state of governance in Congress at the moment? And what does it mean for the Trump administration’s aggressive agenda.“Prime Directive.” Washington Post owner Jeff Bezos once again intervened in the newspaper’s opinions section last week, when he indicated that the paper no longer had a responsibility to reflect diverse views and would instead focus on issues of “personal liberties and free markets” that he thought were important for America—a mandate that led opinions editor David Shipley to resign. Is Bezos’s move an effort to dodge the ire of President Trump and his supporters? Or is something else in play? And what impact will it have on the paper’s future as an institution?For object lessons, Quinta endorsed the New York Times Magazine’s lengthy art-imitates-life-imitates-art portrait of the Murdoch family and their odd relationship with the show Succession. Scott shared his discovery of a beautiful (and free!) online graphic novel of one of his favorite books, Lloyd Alexander’s “The Book of Three,” that’s made it much more accessible for his young son, and asked for listeners to recommend other good graphic novel translations of classic fantasy and sci-fi suitable for a younger audience. And Molly celebrated the best season of the year: Girl Scout cookie season!Use promo code RATIONALSECURITY at the link below to get an exclusive 60% off an annual Incogni plan:https://incogni.com/rationalsecurity Hosted on Acast. See acast.com/privacy for more information.

For today's episode, Lawfare General Counsel and Senior Editor Scott R. Anderson sat down with Joel Braunold, the Managing Director for the S. Daniel Abraham Center for Middle East Peace and a Contributing Editor at Lawfare, to discuss the end of the first phase of the Gaza ceasefire and other recent developments relating to the Arab-Israeli conflict.Together, they discussed how the terms of the ceasefire were changing, recent tensions between Israel and the new Syrian regime over threats to Druze communities, and how the Trump administration is trying to navigate it all.  Hosted on Acast. See acast.com/privacy for more information.

Tim Fist, Director of Emerging Technology Policy at the Institute for Future Progress, and Arnab Datta, Director of Infrastructure Policy at IFP and Managing Director of Policy Implementation at Employ America, join Kevin Frazier, a Contributing Editor at Lawfare and adjunct professor at Delaware Law, to dive into the weeds of their thorough report on building America’s AI infrastructure. The duo extensively studied the gulf between the stated goals of America’s AI leaders and the practical hurdles to realizing those ambitious aims.Check out the entire report series here: Compute in America Hosted on Acast. See acast.com/privacy for more information.

In a live conversation on February 28, Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Senior Editors Anna Bower and Roger Parloff and Assistant Professor of Law at the University of Houston Law Center Chris Mirasol about the detention of immigrants at Guantanamo Bay, the dismantling of USAID and the foreign aid freeze, the firing of probationary employees across the federal government, and more.You can find information on legal challenges to Trump administration actions here. Hosted on Acast. See acast.com/privacy for more information.

From February 21, 2024: The advocacy group Protect Democracy last month issued an updated version of its report entitled, “The Authoritarian Playbook.” The new report is called, “The Authoritarian Playbook for 2025: How an authoritarian president will dismantle our democracy and what we can do to protect it.” It is a fascinating compilation of things that Donald Trump has promised to do and how they could likely be expected to affect American democracy if he is elected to a second term in office. To discuss the report, Lawfare Editor-in-Chief Benjamin Wittes spoke with two of its authors: Genevieve Nadeau and Erica Newland, both of Protect Democracy. They talked about what's new in the report, how much of it is speculation and how much of it is simply taking Donald Trump's words seriously, opportunities to mitigate the most dire consequences of which the report warns, and whether this is just baked into the American presidency when occupied by a truly authoritarian personality.  Hosted on Acast. See acast.com/privacy for more information.

From March 14, 2022: Russia's war of aggression in Ukraine has undermined some of the fundamental assumptions underlying the security of Europe through much of the post-World War II era. As a result, several European nations have begun to consider dramatic changes in how they approach national security, both individually and collectively.To better understand how the war in Ukraine is reshaping the European security order, Scott R. Anderson sat down with two of his colleagues from the Brookings Institution: Célia Belin, a visiting fellow at Brookings and a former official in the French Ministry of Foreign Affairs, and Constanze Stelzenmüller, the Fritz Stern Chair on Germany and trans-Atlantic Relations in the Center on the United States and Europe.They discussed how the Ukraine conflict is reshaping Europe's approach to security affairs, what this means for institutions like the European Union and NATO, and how these changes are likely to impact the fundamental debate over what it means to be a part of Europe. Hosted on Acast. See acast.com/privacy for more information.

On today’s episode, the Washington Post's West Africa bureau chief Rachel Chason and freelance journalist John Lechner join Lawfare Managing Editor Tyler McBrien to talk about the current state of the Sahel and the many forces that have converged in the region over the past couple of years.They discussed Chason’s new series out in the Post, “Crossroads of Conflict,” which includes six rich portraits of Sahelian actors, including: an Islamist militant, a militia commander, a Russian mercenary, an American soldier, a coup leader, and a defiant broadcaster. They also talked about Lechner’s forthcoming book, “Death Is Our Business: Russian Mercenaries and the New Era of Private Warfare.”We value your feedback! Help us improve by sharing your thoughts at lawfaremedia.org/survey. Your input ensures that we deliver what matters most to you. Thank you for your support—and, as always, for listening! Hosted on Acast. See acast.com/privacy for more information.

For today’s episode, Lawfare Senior Editor Scott R. Anderson sat down with Kathleen Claussen, an expert in international economic law and professor at the Georgetown University Law Center, and Lawfare Contributing Editor Peter Harrell, a non-resident senior fellow at the Carnegie Endowment for International Peace, to discuss the ambitious set of tariffs the Trump administration has imposed or threatened over its first month in office.They discussed the tariffs Trump has imposed so far, what seems to be coming over the horizon, and how they all line up with the legal authorities he is using to impose them.We value your feedback! Help us improve by sharing your thoughts at lawfaremedia.org/survey. Your input ensures that we deliver what matters most to you. Thank you for your support—and, as always, for listening! Hosted on Acast. See acast.com/privacy for more information.

This week, Scott joined his Lawfare colleagues Benjamin Wittes, Natalie Orpett, and Anastasiia Lapatina for a rare, all-in-person discussion of the week’s big national security news, including:“Chicken Kyiv, Served Cold.” The Trump administration’s vision for a peace settlement in Ukraine is coming into focus—and it’s not the one many Ukrainians and Europeans were hoping for. In negotiations that have largely excluded Ukrainian and European partners—and amidst a barrage of hostile attacks on Ukrainian President Volodymyr Zelenskyy’s democratic legitimacy—the Trump administration appears to be insisting on some U.S. stake in Ukraine’s rare earth minerals while remaining unwilling to support Ukraine’s NATO membership and resistant to providing hard security guarantees in response. Are the contours of such a deal something Ukraine can agree to? And will it advance U.S. and Ukrainian national security interests?“Euro Vision.” In some of his first comments since emerging from elections as Germany’s new chancellor, Friedrich Merz called for European independence from the United States, in light of the Trump administration’s increasing neglect (and even hostility) to longstanding transatlantic partnerships. And Ukraine may be the first front for this new policy orientation, as European officials have suggested an increased willingness to deploy ground troops to Ukraine, increase their own assistance levels, and even make an alternate offer for access to Ukraine’s rare earth minerals. How much potential is there for a truly independent European foreign policy? And what will it mean for U.S. national interests?“Baywatch Reruns.” As part of its aggressive campaign against undocumented migrants, the Trump administration has expanded its use of the detention facility at Guantanamo Bay for what it claims to be the “worst of the worst” undocumented migrants involved in violent crimes. But recent reporting has cast serious doubt on whether everyone who has been detained at Guantanamo meets this qualification, while others have raised questions about the conditions in which detainees are being held and the legal basis for the involvement of military personnel. What is the Trump administration really trying to accomplish? And is Guantanamo Bay once again becoming a black mark on American rule of law?In object lessons, Natalie confirmed the existence of the year’s most top-secret, exclusive diplomatic gathering—the Lawfare Baby Summit. Anastasiia unveiled Escalation, a long-anticipated narrative podcast series from Lawfare and Goat Rodeo about the history of the U.S.-Ukraine relationship. Scott—in true elder Millennial fashion—identified with the gracefully aging, definitely not old, Before Trilogy from Richard Linklater. And Ben marked the third anniversary of Russia’s full-scale invasion of Ukraine with a somber reflection on the sparse turnout at a Lincoln Memorial rally over the weekend, underscoring the ongoing challenge of building mass political movements from within small communities.We value your feedback! Help us improve by sharing your thoughts at lawfaremedia.org/survey. Your input ensures that we deliver what matters most to you. Thank you for your support—and, as always, for listening!Use promo code RATIONALSECURITY at the link below to get an exclusive 60% off an annual Incogni plan:https://incogni.com/rationalsecurity Hosted on Acast. See acast.com/privacy for more information.

On Feb. 24, Fiona Hill (Senior Fellow, Foreign Policy, Center on the United States and Europe), Constanze Stelzenmüller, (Director at the Center on the United States and Europe; Senior Fellow, Foreign Policy, Center on the United States and Europe; and Fritz Stern Chair on Germany and Trans-Atlantic Relations), Anastasiia Lapatina (Ukraine Fellow, Lawfare), Tyler McBrien (Managing Editor, Lawfare), and Benjamin Wittes (Editor-in-Chief, Lawfare) recorded a live discussion at the Brookings Institution on "Trump’s return and the fate of Ukraine" and Lawfare and Goat Rodeo's new narrative podcast series on the U.S. and Ukraine, Escalation. We value your feedback! Help us improve by sharing your thoughts at lawfaremedia.org/survey. Your input ensures that we deliver what matters most to you. Thank you for your support—and, as always, for listening! Hosted on Acast. See acast.com/privacy for more information.

Alexandra Reeve Givens, CEO of the Center for Democracy & Technology; Courtney Lang, Vice President of Policy for Trust, Data, and Technology at ITI and a Non-Resident Senior Fellow at the Atlantic Council GeoTech Center; and Nema Milaninia, a partner on the Special Matters & Government Investigations team at King & Spalding, join Kevin Frazier, Contributing Editor at Lawfare and Adjunct Professor at Delaware Law, to discuss the Paris AI Action Summit and whether it marks a formal pivot away from AI safety to AI security and, if so, what an embrace of AI security means for domestic and international AI governance.We value your feedback! Help us improve by sharing your thoughts at lawfaremedia.org/survey. Your input ensures that we deliver what matters most to you. Thank you for your support—and, as always, for listening! Hosted on Acast. See acast.com/privacy for more information.

In a live conversation on February 21, Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Senior Editors Anna Bower, Scott Anderson, and Roger Parloff about the Justice Department moving to drop the criminal case against NYC Mayor Eric Adams and lawsuits challenging executive actions by President Trump and his administration, including the dismantling of USAID, DOGE’s communications with executive agencies, and the attempt to ban transgender service members from the military.We value your feedback! Help us improve by sharing your thoughts at lawfaremedia.org/survey. Your input ensures that we deliver what matters most to you. Thank you for your support—and, as always, for listening! Hosted on Acast. See acast.com/privacy for more information.

From September 20, 2023: Economic warfare isn’t a new concept. Protectionist policies, asymmetrical trade agreements, currency wars—those are just a few examples of the economic levers states have long used to control outcomes. But in their new book, two political scientists, Henry Farrell and Abe Newman, argue that a technological innovation spurred on by free market embracers and coopted by the U.S. was an accidental entry point into a new era of economic statecraft—an era whose precise contours and rules are still being ironed out today, as we are fighting in a so-called economic war. Lawfare Associate Editor Hyemin Han talked to them about how this weaponization came to be, how U.S. national security objectives are bleeding into economic warfare, and what policymakers might focus on in trying to ensure that the economic web that the U.S. currently sits at the center of is not ravaged by its own power. We value your feedback! Help us improve by sharing your thoughts at lawfaremedia.org/survey. Your input ensures that we deliver what matters most to you. Thank you for your support—and, as always, for listening! Hosted on Acast. See acast.com/privacy for more information.

From June 11, 2021: Daniel Richman and Sarah Seo are professors at Columbia Law School, and they are co-authors of a recent article on Lawfare entitled, "Toward a New Era for Federal and State Oversight of Local Police." Benjamin Wittes sat down with them to discuss the article, the history of the federal-state relationship in law enforcement, how the feds came to play an oversight role with respect to police departments, the limits of that role inherent in the cooperative relationship that law enforcement agencies engage in for other reasons, the role that the feds might play under new legislation and the role that state governments may play as well.We value your feedback! Help us improve by sharing your thoughts at lawfaremedia.org/survey. Your input ensures that we deliver what matters most to you. Thank you for your support—and, as always, for listening! Hosted on Acast. See acast.com/privacy for more information.

Before January, most Americans had probably never heard of the Bureau of the Fiscal Service (BFS), a Treasury Department agency that distributes payments from the federal government. But over the last month, this corner of government has appeared again and again in the headlines, as aides working with Elon Musk’s quasi-governmental DOGE initiative successfully gained access to BFS’s payment systems. After a flurry of litigation, a temporary restraining order now bars these aides from accessing data—but the crisis is not over. It’s still not clear precisely what happened within BFS or what access political actors within the administration might gain in the future, and DOGE continues to access similarly sensitive systems in other agencies, such as the Social Security Administration and the Internal Revenue Service.To understand what’s happening, Senior Editor Quinta Jurecic spoke with Wendy Edelberg, Director of the Hamilton Project and Senior Fellow at the Brookings Institution, and Jacob Leibenluft, who served in the Treasury Department and the Office of Management and Budget under the Biden administration. Why is it so alarming to have political appointees accessing BFS systems? What does this tell us about the administration’s political goals? And what manner of crises could result from this kind of meddling? We value your feedback! Help us improve by sharing your thoughts at lawfaremedia.org/survey. Your input ensures that we deliver what matters most to you. Thank you for your support—and, as always, for listening! Hosted on Acast. See acast.com/privacy for more information.

This week, Scott sat down with his colleagues Tyler McBrien and Roger Parloff, as well as special guest Claire Meynial, U.S. correspondent for Le Point, to talk over the week's big national security news, including:“Make Europe Aghast Again.” Vice President J.D. Vance stunned the Munich Security Conference last week with remarks that criticized European allies for suppressing far-right and anti-immigration voices while playing down threats from China and Russia. Combined with the Trump administration’s past hostility to Transatlantic relationships, many are taking Vance’s as a sign of a downgrade in the U.S.-Europe relationship. But is this overstating things? And how far can the Trump administration adjust the relationship on its own, even if it wanted to?“I Would Do Anything for Bove, but I Won’t Do That.” (Credit to Robert Anderson, via Mike Stern.) The resignation of seven Justice Department attorneys over their refusal to move to dismiss charges against New York City Mayor Eric Adams at the direction of acting Deputy Attorney General Emil Bove has brought national attention to the Trump administration’s apparent intent to use its discretion over criminal prosecution as a policy tool to advance its immigration and potentially other agendas. But what do these recent events tell us about the potential for—and limits on—such a strategy? “Animus Instinct.” The legal challenge to President Trump’s executive order banning transgender individuals from military service and halting gender-affirming care finally had a hearing in federal court this week. And in a barnburner, U.S. District Judge Ana Reyes raked the Justice Department over the coals, querying whether the ban was the result of “animus.” But how big a difference will her line of inquiry make in the end? Is there any realistic chance the courts will intervene?For object lessons, Roger recommended a visit to the Holocaust Museum as an opportunity for a sober reflection. Tyler passed along Noah Schachtman's portrait of the players in the Eric Adams resignation scandal in Vanity Fair. Scott passed along his new favorite vegetarian pasta recipe, pasta al sugo finto. And Claire discussed some of her work on abortion rights in advance of International Women's Day on March 8, including research into the Comstock Act. We value your feedback! Help us improve by sharing your thoughts at lawfaremedia.org/survey. Your input ensures that we deliver what matters most to you. Thank you for your support—and, as always, for listening!Use promo code RATIONALSECURITY at the link below to get an exclusive 60% off an annual Incogni plan:https://incogni.com/rationalsecurity Hosted on Acast. See acast.com/privacy for more information.

On Jan. 29, President Trump ordered the expansion of facilities at Guantanamo Bay to hold migrants being deported from the United States. It was the latest—and perhaps most aggressive—move to deploy the U.S. military in pursuit of the administration's immigration policies. And it's not at all clear that there's a solid legal basis for doing it. Executive Editor Natalie Orpett sat down with Chris Mirasola, Assistant Professor at the University of Houston Law Center and author of a recent piece in Lawfare on this subject, to talk through the legal issues, the administration's strategy, and what it all means for Trump's unconventional use of the military.We value your feedback! Help us improve by sharing your thoughts at lawfaremedia.org/survey. Your input ensures that we deliver what matters most to you. Thank you for your support—and, as always, for listening! Hosted on Acast. See acast.com/privacy for more information.

It’s been a wild and wooly week in Ukraine politics: Speeches from American officials have not been consistent with each other, American statements on Ukraine at the Munich Security Conference were not well received by European leaders, and domestic politics in Ukraine are getting worrisome. Lawfare Editor-in-Chief Benjamin Wittes sits down with Eric Ciaramella of the Carnegie Endowment for International Peace to talk about all of these issues and more.We value your feedback! Help us improve by sharing your thoughts at lawfaremedia.org/survey. Your input ensures that we deliver what matters most to you. Thank you for your support—and, as always, for listening! Hosted on Acast. See acast.com/privacy for more information.

Matt Perault, Head of AI Policy at Andreessen Horowitz, joins Kevin Frazier, Contributing Editor at Lawfare and Adjunct Professor at Delaware Law, to define the Little Tech Agenda and explore how adoption of the Agenda may shape AI development across the country. The duo also discuss the current AI policy landscape.We value your feedback! Help us improve by sharing your thoughts at lawfaremedia.org/survey. Your input ensures that we deliver what matters most to you. Thank you for your support—and, as always, for listening! Hosted on Acast. See acast.com/privacy for more information.

In a live conversation on February 14, Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Senior Editors Anna Bower, Scott Anderson, and Roger Parloff and Managing Editor Tyler McBrien about the lawsuits challenging executive actions by President Trump and his administration, including the foreign aid freeze, access to Treasury Department systems by associates of the Department of Government Efficiency, and the firing of the head of the Office of the Special Counsel.You can find information on legal challenges to Trump administration actions here.We value your feedback! Help us improve by sharing your thoughts at lawfaremedia.org/survey. Your input ensures that we deliver what matters most to you. Thank you for your support—and, as always, for listening! Hosted on Acast. See acast.com/privacy for more information.

From August 18, 2021: Earlier this month, Tucker Carlson, whose nightly news show on Fox has become the most popular show in U.S. cable news history, traveled to Budapest to record a special version of his show. The centerpiece of his visit was an interview with Hungary's authoritarian leader, Viktor Orbán. But far from criticizing Orbán or questioning him on Hungary's increasing move away from liberal democracy, Carlson was all compliments, praising the fence that Hungary has built along its border and allowing Orbán to lash out against his critics at home and abroad.Carlson is not the only one with kind words for Hungary's would-be strongman. In the past months, an increasing number of conservative media and intellectual elites have praised Hungary, as well as earlier models like Portugal under the post-World War II right-wing dictator António Salazar, for what they view as its willingness to use state power to fight for conservative social, cultural and religious values.To discuss what this embrace of foreign authoritarianism means for the American conservative movement, Alan Rozenshtein spoke with Zack Beauchamp, a senior correspondent at Vox, who has written about the right’s embrace of Orbánism and what it means for the future of American democracy.We value your feedback! Help us improve by sharing your thoughts at lawfaremedia.org/survey. Your input ensures that we deliver what matters most to you. Thank you for your support—and, as always, for listening! Hosted on Acast. See acast.com/privacy for more information.

From July 14, 2020: In a 2018 poll, 74 percent of Americans said they believed that some group of unelected government and military officials was definitely or probably secretly manipulating or directing national policy. What is the actual history of presidents and Congress clashing with national security and law enforcement institutions? And how has that led to Trump's notion of a deep state out to get him? David Priess spoke with two-time Pulitzer Prize winner David Rohde of The New Yorker, who has turned his attention to this tricky topic in the new book, "In Deep: The FBI, the CIA, and the Truth about America's 'Deep State.'" They talked about intelligence, law enforcement, inspectors general, public trust in government and of course, Bill Barr.We value your feedback! Help us improve by sharing your thoughts at lawfaremedia.org/survey. Your input ensures that we deliver what matters most to you. Thank you for your support—and, as always, for listening! Hosted on Acast. See acast.com/privacy for more information.

In the last two years, there have been at least four incidents of damaged underwater infrastructure in the Baltic Sea. Be it Russian deliberate sabotage or accidents, NATO is looking for ways to enhance Europe’s maritime security.In this episode, Lawfare’s Ukraine Fellow Anastasiia Lapatina sits down with Minna Ålander, an Associate Fellow at Chatham House’s Europe Programme, to discuss what Europe can do to protect its waters. We value your feedback! Help us improve by sharing your thoughts at lawfaremedia.org/survey. Your input ensures that we deliver what matters most to you. Thank you for your support—and, as always, for listening! Hosted on Acast. See acast.com/privacy for more information.

Only a few weeks have passed since inauguration, but President Trump's barrage of executive orders has already generated dozens of legal challenges. Which raises the question: are the courts up to the job? Executive Editor Natalie Orpett sat down with Benjamin Wittes, Lawfare's Editor-in-Chief, to discuss his recent article, “Are the Courts Up to the Situation?,” published in Lawfare earlier this week. They talked about the courts' role in the face of unprecedented assertions of executive power, how they're faring so far, and what comes next.We value your feedback! Help us improve by sharing your thoughts at lawfaremedia.org/survey. Your input ensures that we deliver what matters most to you. Thank you for your support—and, as always, for listening! Hosted on Acast. See acast.com/privacy for more information.

This week, Scott sat down with his Lawfare teammates Tyler McBrien and Nastya Lapatina and Lawfare friend Joel Braunold, Managing Director of the S. Daniel Abraham Center for Middle East Peace, to talk over the week's big national security news stories, including:“Mi Gaza Es Su Gaza.” President Donald Trump shocked the world last week when, in a joint press briefing with Israeli Prime Minister Benjamin Netanyahu, he announced plans for the United States to “own” Gaza, take responsibility for reconstructing it, and ultimately renovate it into a “Riviera” on the Eastern Mediterranean—one, he later made clear, that Palestinians would no longer be allowed to live in. What of this plan is serious and what is bluster? And what impact will it have on the broader Israeli-Palestinian conflict, including the delicate ceasefire that Trump’s emissary worked so hard to secure just weeks ago in Gaza?“Bullets for Bauxite.” President Trump recently reiterated his desire for a quick end to the conflict in Ukraine, a topic on which senior Trump administration and Ukrainian officials will be talking soon. But peace will come at a price—in this case, a deal guaranteeing U.S. access to Ukraine’s rare earth minerals, among other concessions. Is Trump’s timeline realistic? And how is his administration’s “America First” tack likely to impact the trajectory of the conflict?“Quid Pro Whoa.” Acting Deputy Attorney General Emil Bove took the exceptional step this week of directing the U.S. Attorney’s Office for the Southern District of New York to dismiss corruption charges—arising from alleged improper contributions and relationships with foreign government officials, including from Turkey—against New York Mayor Eric Adams so that Adams could focus his energy combating high crime and unlawful immigration. What should we make of such a clear quid pro quo? And what might it mean for the Justice Department moving forward?For object lessons, Tyler and Nastya plugged Lawfare's next big long-form audio documentary series, which they co-host and is set to debut later this month: Escalation, a podcast about the war in Ukraine. Scott recommended an incredibly touching piece in the New York Times about faith, parenthood, and reconciling the two, entitled "How My Dad Reconciled His God with His Gay Son," by Timothy White. And in honor of the man's Super Bowl victory, Joel shared one of his favorite quotes from Philadelphia Eagles quarterback Jalen Hurts, which has particular resonance with the peacebuilding community he works in: "I had a purpose before anybody had an opinion."We value your feedback! Help us improve by sharing your thoughts at lawfaremedia.org/survey. Your input ensures that we deliver what matters most to you. Thank you for your support—and, as always, for listening!Use promo code RATIONALSECURITY at the link below to get an exclusive 60% off an annual Incogni plan:https://incogni.com/rationalsecurity Hosted on Acast. See acast.com/privacy for more information.

Jack Goldsmith, the Learned Hand Professor at Harvard Law School and co-founder of Lawfare, joins Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare, to talk about his recent Lawfare article discussing last year's Supreme Court decision in Trump v. United States and its implications for executive power. They discuss how the ruling extends beyond presidential immunity, the broader shift toward a maximalist theory of executive authority, and what this means for the future of American democracy.We value your feedback! Help us improve by sharing your thoughts at lawfaremedia.org/survey. Your input ensures that we deliver what matters most to you. Thank you for your support—and, as always, for listening! Hosted on Acast. See acast.com/privacy for more information.