The Lawfare Podcast: Patreon Edition

From January 4, 2022: Government secrecy is pervasive when it comes to national security and foreign affairs, and it’s becoming more and more common for state and even local governments to invoke government secrecy rationales that in the past, only the president of the United States and the national intelligence community were able to claim. While some of the secrecy is no doubt necessary to ensure that police investigations aren't compromised and state and local officials are getting candid advice from their staff, government secrecy directly threatens government transparency and thus democratic accountability. Alan Rozenshtein spoke about these issues with Christina Koningisor, a law professor at the University of Utah and the author of “Secrecy Creep” a recently published article in the University of Pennsylvania Law Review, along with the Lawfare post summarizing her work. 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 Contributing Editor Joel Braunold, the Managing Director of the S. Daniel Abraham Center for Middle East Peace, for the latest in their series of podcast conversations delving into the latest developments relating to the Israeli-Palestinian conflict and related regional issues.This time, they discussed the state of the Gaza conflict, what Trump’s recent trip to the Middle East says about his relationship with regional leaders, his dramatic moves on Syria sanctions, his administration’s increasingly direct role in hostage negotiations with Hamas, and what it all means for the stability of Israel’s current government—among many, many other issues. Hosted on Acast. See acast.com/privacy for more information.

This week, Scott sat down with his Lawfare colleagues Natalie Orpett, Tyler McBrien, and Daniel Byman to talk through the week’s big national security news, including:“Borderline Behavior.” A major flare-up over the disputed region of Kashmir took place this past week, leading to a major exchange of hostilities between the nuclear powers of India and Pakistan before they agreed to a U.S.-brokered ceasefire—one that is mostly holding, despite alleged violations on both sides. How durable a resolution does this seem likely to be? And what additional steps need to be taken to preserve peace?“Parting Ways.” President Trump announced a major change to U.S. policies in the Red Sea this week, in the form of a ceasefire with the Yemeni armed group and de facto government Ansar Allah (also known as the Houthis), in which they would cease attacks on U.S. shipping. But the credibility of this commitment is in doubt, as are the implications of U.S. actions for shipping through the Red Sea more broadly. What should we make of this major policy shift? “First Class Problems.” President Trump announced this week that he would be accepting the gift of a luxury jet from the government of Qatar for use as Air Force One during his presidency, which would then be transferred to his foundation shortly before he leaves office in 2029. How big a problem is this? And how can he accept this gift, given that the Constitution’s Foreign Emoluments Clause prohibits “accept[ing]...any present…of any kind whatever, from any King, Prince, or foreign State”?In Object Lessons, Tyler delighted in the Financial Times’s trolling of its own “Lunch with the FT,” in which Sam Altman’s kitchen and gross misuse of olive oil becomes a bizarre metaphor for OpenAI. Natalie delighted in some hometown, Pope-town pride (and some Lou Malnati's pizza). Scott delighted in discovering both Dolcezza and their affogato with decaf espresso, a dessert for those who crave flavor and excitement but who also like sleep. And Dan, in utterly failing his wife, delighted in reaping the benefits of her Mother’s Day gift: a little contraption that sits somewhere between wellness hack and medieval torture rack. Hosted on Acast. See acast.com/privacy for more information.

For today's episode, Lawfare Foreign Policy Editor Daniel Byman talked with Evan Braden Montgomery and Toshi Yoshihara, both Senior Fellows at the Center for Strategic and Budgetary Assessments, to discuss their recent Lawfare article, "Beijing's Changing Invasion Calculus: How China Might Put Taiwan in its Crosshairs." Together they discuss how China might use a blockade, subversion, and nuclear threats to intimidate Taiwan, the United States, and key regional states like Japan. They also discuss how Taipei and Washington might change their approach to reduce the risk of Taiwanese coercion. Hosted on Acast. See acast.com/privacy for more information.

Cullen O’Keefe, Research Director at the Institute for Law and AI, joins Kevin Frazier, AI Innovation and Law Fellow at Texas Law and a Contributing Editor at Lawfare, and Renée DiResta, Associate Research Professor at the McCourt School of Public Policy at Georgetown and a Contributing Editor at Lawfare, to discuss a novel AI governance framework. They dive into a paper he co-authored on the concept of "Law-Following AI" or LFAI. That paper explores a near-term future. Imagine AI systems capable of tackling complex computer-based tasks with expert human-level skill. The potential for economic growth, scientific discovery, and improving public services is immense. But how do we ensure these powerful tools operate safely and align with our societal values? That’s the question at the core of Cullen’s paper and this podcast. Hosted on Acast. See acast.com/privacy for more information.

Donald Trump was confident he could end Russia’s war in Ukraine in a matter of days or weeks. It’s now been more than three months since Trump’s reelection, and even a short-term ceasefire between Ukraine and Russia remains elusive.Why did Trump fail? And what can really force Russia to stop the war? To answer these and many other questions, Lawfare’s Ukraine Fellow Anastasiia Lapatina spoke with prominent Ukrainian analyst Mykola Bielieskov, who is a Research Fellow at the National Institute for Strategic Studies and a Senior Analyst at the Come Back Alive Foundation. Hosted on Acast. See acast.com/privacy for more information.

In a live conversation on May 9, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Anna Bower, Quinta Jurecic, and Roger Parloff, Lawfare Legal Fellow James Pearce, and Lawfare contributor Preston Marquis to discuss the status of the civil litigation against President Trump’s executive actions, including the order for the release of Rümeysa Öztürk, litigation over ideological deportations, legal challenge to the funding freeze targeting Radio Free Europe/Radio Liberty, 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 22, 2024: As a new report on the intimidation of state and local officeholders from the Brennan Center for Justice points out, “The January 6 insurrection at the Capitol seemed to mark a new peak in extremist intimidation targeting public officials. But it was hardly the only act of political violence to break the period of relative stability that followed the assassinations of the 1960s.” Citing the 2017 shooting of Rep. Steve Scalise, last year’s hammer attack on Paul Pelosi, and many other cases, the report paints a troubling picture of today’s climate of political violence in America. To talk through the report and its implications, Lawfare Senior Editor Quinta Jurecic and Lawfare Managing Editor Tyler McBrien sat down with Maya Kornberg, a Research Fellow at the Brennan Center’s Elections and Government Program and one of the report’s authors. They discussed how Maya and her team surveyed so many state and local officials across a number of jurisdictions, the pervasive risks and threats those officeholders face, and how these threats are distorting U.S. democracy as a whole. Hosted on Acast. See acast.com/privacy for more information.

From August 27, 2019: On August 5, the Indian government announced that it was revoking “special status” for the states of Jammu and Kashmir, enshrined in Article 370 of its constitution. Since then, the government has instituted a lockdown in the Kashmir valley, hundreds of people have been detained, there have been mass protests, and tens of thousands of Indian troops have been deployed to the region. Professor Christine Fair of Georgetown University’s Security Studies Program sat down with Benjamin Wittes to discuss Article 370, its history, and the current state-of-play in the region. Hosted on Acast. See acast.com/privacy for more information.

Ben Brooks, a fellow at Harvard's Berkman Klein Center and former head of public policy for Stability AI, joins Kevin Frazier, AI Innovation and Law Fellow at Texas Law and Contributing Editor at Lawfare, to discuss a sudden and significant shift toward open-sourcing leading AI models and the ramifications of that pivot for AI governance at home and abroad. Ben and Kevin specifically review OpenAI’s announced plans to release a new open-weights model.Coverage of OpenAI announcement: https://techcrunch.com/2025/03/31/openai-plans-to-release-a-new-open-language-model-in-the-coming-months/ Hosted on Acast. See acast.com/privacy for more information.

In recent years, political scientists have given a great deal of attention to “democratic backsliding”—the slow erosion of democracy by aspiring authoritarians. The events of the last several months in the United States—with attacks from the Trump administration on the press, higher education, and any center of power outside the White House—make this research all the more relevant. But the question of how leaders chip away at democracy is only part of the picture. There’s also the question of what things look like from the other side: how can opposition movements resist democratic backsliding, and what techniques are most effective in doing so? Laura Gamboa, an assistant professor of democracy and global affairs at the University of Notre Dame, studies exactly this. Her book, “Resisting Backsliding,” examines case studies from Colombia, Venezuela, and elsewhere to gauge what opposition strategies have the best shot at pushing back against authoritarianism. She sat down with Lawfare Senior Editor Quinta Jurecic to discuss her research and what it might tell us about the state of democracy in America today.  Hosted on Acast. See acast.com/privacy for more information.

This week, Scott sat down with his Lawfare colleagues Benjamin “The Beard” Wittes and Anastasiia (and Ava) Lapatina to discuss the week’s biggest national security news stories, including:“A Waltz on Thin Ice.” Weeks after the SignalGate controversy, Mike Waltz is out as National Security Adviser and set to be nominated as U.N. Ambassador. Secretary of State Marco Rubio, meanwhile, is in for a record fourth high-ranking appointment, though rumors are circulating about just how long he may remain in the position. How big a deal is this switch in leadership? What might its broader implications be?“Resource Extraction.” After months of negotiations, Ukraine and the Trump administration have finally signed a minerals agreement that gives the United States (and, perhaps more importantly, President Trump) a financial stake in Ukraine’s ongoing independence. Is the deal just exploiting Ukraine’s vulnerability? Or is there a chance it might contribute to a better outcome for the beleaguered country?“Liquid Assets.” Russia has gotten its liquefied natural gas (or LNG) facility off the ground in the Arctic and is getting ready to export through a shadowfleet of unregistered vessels to eager buyers in China who are undeterred by Western sanctions. What does the situation tell us about the effectiveness of sanctions? And what is Russia up to in the Arctic?In Object Lessons, Ben logrolled Lawfare’s accidentally-on-purpose, Fridays-at-4pm YouTube show, Lawfare Live (like, Like and Subscribe to our channel!). Scott’s getting ready for grilled pizza season and shared tips for how to handle the heat. And turning the temperature down a notch, Nastya recommended Minna Ålander’s substack, Northern Flank Notes, for more uutiset on the Nordic-Baltic-Arctic region. Hosted on Acast. See acast.com/privacy for more information.

In her recent Lawfare article, Alexis Loeb—a former deputy chief of the Jan. 6 Capitol Siege Section at the U.S. Department of Justice and a current partner at Farella, Braun, and Martel—discussed Attorney General Pam Bondi’s memo dismantling the Kleptocracy Asset Recovery Initiative. On today’s episode, Loeb joined Lawfare Associate Editor Olivia Manes to talk about the work that the Kleptocracy Team conducted, why it mattered for national security, and whether the Justice Department’s actions are part of a broader administrative trend towards non-enforcement of corruption. Hosted on Acast. See acast.com/privacy for more information.

The TAKE IT DOWN Act is the first major U.S. federal law to squarely target non‑consensual intimate imagery (NCII) and to include a component requiring tech companies to act. Long handled via a patchwork of state laws, it criminalizes NCII at the federal level—both authentic images and AI-generated digital forgeries—and requires that platforms remove reported NCII within 48 hours of notification by a victim or victim's representative. TAKE IT DOWN passed with wide bipartisan support—unanimously in the Senate, and 409-2 in the House. Melania Trump championed it, and it is expected that President Trump will sign it. And yet, some of the cyber civil rights organizations that have led the fight to mitigate the harms of NCII over many years have serious reservations about the bill as passed. Why?Lawfare Contributing Editor Renée DiResta sits down with Mary Anne Franks, President and Legislative & Technology Policy Director at the Cyber Civil Rights Initiative, and Eugene L. and Barbara A. Bernard Professor in Intellectual Property, Technology, and Civil Rights Law at the George Washington Law School; Becca Branum, Deputy Director of the Free Expression Project at the Center for Democracy & Technology; and Adam Conner, Vice President, Technology Policy at the Center for American Progress to unpack what the bill does, why it suddenly cruised through on a rare bipartisan wave of support, and whether its sweeping takedown mandate will protect victims or chill lawful speech. This is a nuanced discussion; some of the guests support specific aspects of the bill, while disagreeing about the implementation of others. Expect clear explanations, constructive disagreement, and practical takeaways for understanding this important piece of legislation.More resources:TAKE IT DOWN Act Legislative Summary and TextBecca Branum and Tom Bowman's letter urging changes to TAKE IT DOWN prior to passageCyber Civil Rights InitiativeSenate press release upon House signing, including list of 120 supporting organizations Hosted on Acast. See acast.com/privacy for more information.

In a live conversation on May 2, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Anna Bower, Scott Anderson, and Roger Parloff and Lawfare Legal Fellow James Pearce to discuss the status of the civil litigation against President Trump’s executive actions, including the release of Mohsen Mahdawi, the decision by a judge that the Alien Enemies Act invocation did not meet the invasion requirement in the law, litigation surrounding the dismantling of agencies across the executive branch, legal challenge to DOGE’s access to information at the Social Security Administration, and more. Hosted on Acast. See acast.com/privacy for more information.

From July 27, 2020: Anne Applebaum is a columnist, writer, historian and most recently, the author of "Twilight of Democracy: The Seductive Lore of Authoritarianism," a book that explores why authoritarian ideologies are on the ascendance in countries as diverse as Poland, Hungary, Spain, the United States and Great Britain. Benjamin Wittes spoke with Anne about the themes of the book: Why are all of these authoritarian ideologies on the rise now? What is the role of social media in their rise? What are the major themes that they have in common, and how different are they location by location? How did conservative ideology come to fracture the way it has over so brief a period of time? And how is the modern wave of authoritarianism different from earlier iterations of it? Hosted on Acast. See acast.com/privacy for more information.

From January 16, 2024: Over the last two months, Houthi militants have waged more than 27 attacks against merchant shipping and U.S. and partner forces in the Red Sea, the Gulf of Aden, and the Bab al-Mandeb Strait, purportedly in response to the war in Gaza. These attacks have significantly disrupted global shipping and surged the Middle East into an even more precarious security situation. Following a large-scale Houthi attack on U.S. and British ships, the U.S. and U.K. on Jan. 11 launched over 150 munitions targeting almost 30 Houthi sites in Yemen. The U.S. on Jan. 12 carried out another strike on a Houthi radar facility. The Houthis have since retaliated with multiple strikes targeting U.S. forces. Yesterday, the Houthis for the first time successfully struck a cargo ship owned and operated by the United States.Lawfare Research Fellow Matt Gluck sat down with Gregory Johnsen, the Associate Director of the Institute for Future Conflict at the U.S. Air Force Academy and Lawfare Senior Editor Scott R. Anderson to discuss the spate of Houthi attacks, the U.S. response and the associated domestic and international law questions, and where the fighting is likely to go from here. What can history tell us about the possible paths forward? Why did the U.S. act when it did? What’s in it for the Houthis? They chewed over these questions and more.  Hosted on Acast. See acast.com/privacy for more information.

As the Trump administration seeks to escalate its immigration crackdown, the government has turned to a concerning source of information for data on immigrants: the Social Security Administration. Reports indicate that Elon Musk’s DOGE initiative and the Department of Homeland Security successfully pushed Social Security officials to provide access to what’s commonly known as the “Death Master File,” allowing the government to mark living immigrants as dead in the Social Security Administration’s systems. The goal, according to press reports, is to make the lives of these individuals so difficult that they choose to leave the country. What exactly is the Death Master File, and why is this strategy so alarming? To understand, Lawfare Senior Editor Quinta Jurecic spoke to Kathleen Romig, Director of Social Security and Disability Policy at the Center on Budget and Policy Priorities, and Devin O’Connor, a senior fellow at the center. They explained the unsettling implications of tinkering with the Death Master File and situated these efforts within the broader scope of the Trump administration—and DOGE’s—repeated attacks on Social Security. Hosted on Acast. See acast.com/privacy for more information.

For today's episode, Lawfare Foreign Policy Editor Daniel Byman interviewed Tanvi Madan, a Senior Fellow at the Brookings Institution, to discuss the April 22 terrorist attack in Kashmir. Madan explains how the crisis has evolved, the escalation options available to India, and the limited influence of the United States, China, and other powers to contain the crisis. Hosted on Acast. See acast.com/privacy for more information.

This week, Scott sat down with his Lawfare colleagues Molly Reynolds and James Pearce to talk through the week’s big national security news, including:“Rounding the ‘Feels Like It’s Been a Century’ Mark.” As President Trump comes to the end of his second first 100 days in office, he and his supporters are laying claim to FDR’s mantle as the president to accomplish the most in such a short period of time. But how much success has Trump really had in enacting his broader policy agenda? How should we be seeing Trump’s administration as it rounds this milestone?“The Art of the Appeal.” More than three months into his second term in the White House, President Trump has clearly embraced a new legal strategy: antagonistic towards the courts, aggressive in its claims of presidential power, and more than willing to run to the Supreme Court for validation. But so far that validation has been slow to come, and there are signs that even some judges appointed by Trump are growing weary and wary of his tactics. How successful is Trump’s legal strategy proving? Could an alternative be more effective?“DOGE-ing a Bullet.” A new report from the minority staff of the Senate’s permanent subcommittee on investigations claims that Elon Musk’s involvement in the Trump administration and his role in dismantling federal agencies could save his various companies billions in regulatory costs and other potential liabilities. Is this a clear conflict of interest? Or does this report reflect other factors in play?In object lessons, Molly had a mighty craic in happening upon Blue Lights, a police procedural set in Belfast, and urges you to give it a lash. Scott, hailing victory and fighting for Old DC, cheered the thought of a new RFK Stadium. And James encouraged listeners to maki their way over to a local Japanese restaurant, where the sushi isn’t the only thing rolled. Hosted on Acast. See acast.com/privacy for more information.

Andrew Bakaj, Chief Legal Counsel at Whistleblower Aid, joins Kevin Frazier, AI Innovation and Law Fellow at Texas Law and Contributing Editor at Lawfare, to discuss a declaration by a National Labor Relations Board employee Daniel Berulis that DOGE facilitated the exfiltration of potentially sensitive information to external sources. The two also analyze the merits of whistleblower protections more generally.Read more about the declaration here: https://www.npr.org/2025/04/15/nx-s1-5355896/doge-nlrb-elon-musk-spacex-securityFor a copy of the letter penned by several members of Congress, go here: https://www.npr.org/2025/04/24/nx-s1-5375118/congress-doge-nlrb-whistleblower Hosted on Acast. See acast.com/privacy for more information.

In today’s episode, Molly Reynolds, Senior Fellow at Brookings and Senior Editor at Lawfare, sits down with Matt Lawrence, Associate Professor of Law at Emory; Eloise Pasachoff, Professor of Law at Georgetown; and Zach Price, Professor of Law at UC Law San Francisco to discuss a new paper on “Appropriations Presidentialism,” or how the executive branch attempts to control the process of allocating federal funds at the expense of Congress. They cover the history of the Congress, the president, and the courts in this area; what the Trump administration is doing that is different from what we’ve seen in the past; and what might come next in the multitude of current litigation on these issues. Hosted on Acast. See acast.com/privacy for more information.

In a live conversation on April 25, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Anna Bower, Scott Anderson, and Roger Parloff, Lawfare Legal Fellow James Pearce, and Lawfare Contributor Preston Marquis to discuss the status of the civil litigation against President Trump’s executive actions, including the arrest of a Wisconsin state judge by the Department of Homeland Security, the Alien Enemy Act removal cases, the ban on transgender service members in the military, and more. Hosted on Acast. See acast.com/privacy for more information.

From April 11, 2022: The period after Watergate and President Nixon's resignation saw an unprecedented barrage of congressional efforts at reforming the executive branch. The period after Donald Trump's departure from office has seen no comparable spree of legislative action—at least not yet. In a recent Lawfare article, Quinta Jurecic and Andrew Kent explored the disparity and the reasons for it, and they analyzed whether any of the legislative reforms that have been so far proposed have any prospect of passage. They joined Benjamin Wittes to talk about why things are so different today than they were in the late 1970s, what happened in that period and whether Congress will actually be able to do anything now. Hosted on Acast. See acast.com/privacy for more information.

From September 16, 2020: What is the proper relationship between the CIA director and the president? How should directors handle arguably illegal orders? How important is the director's role as the nation's honest broker of information during times of crisis?To get at these questions, David Priess sat down with Chris Whipple, a documentary filmmaker, journalist and the author of two books about the people around the president. "The Gatekeepers," based upon his documentary of the same name, examines White House chiefs of staff, and his new book, "The Spymasters: How the CIA Directors Shape History and the Future," is based on the Showtime documentary "The Spymasters: CIA in the Crosshairs," for which Whipple was the writer and executive producer. They talked about CIA directors through the last several decades and how they've impacted U.S. history and national security. Hosted on Acast. See acast.com/privacy for more information.

For today's episode, Lawfare Foreign Policy Editor Daniel Byman interviewed Michael Sulmeyer, who was the top Defense official for all aspects of cyber policy in the Biden administration. Sulmeyer discusses the cyber threat landscape, different roles and missions, how Artificial Intelligence might be leveraged, and the key role of allies in cyberdefense, among other issues. Hosted on Acast. See acast.com/privacy for more information.

On today’s episode, Julia Rose Kraut, author of the book “Threat of Dissent: A History of Ideological Exclusion and Deportation in the United States,” joins Lawfare Managing Editor Tyler McBrien to talk about that book, originally published in 2020, and how it can help us make sense of the Trump administration’s recent immigration and deportation policies. They discussed how ideological exclusions and deportations present a unique intersection of immigration and First Amendment legal doctrine and precedent, the chilling effect these policies have on constitutionally protected political speech, and the recent case of Columbia University graduate student Mahmoud Khalil. Hosted on Acast. See acast.com/privacy for more information.

This week, Scott sat down with his Lawfare colleagues Anna Bower, Tyler McBrien, and Kevin Frazier to talk through the week’s big national security news, including:“Aliens vs. Predators.” Despite forceful legal pushback—including by the U.S. Supreme Court—the Trump administration is working hard to continue its campaign to remove foreign aliens it accuses of pursuing a “predatory incursion” from the country using the Alien Enemies Act. How far will it go? And to what extent can the courts (or anyone else) stop them?“Aye Aye Robot.” Both the Biden and Trump administrations were fans of artificial intelligence (AI) and set out policies to incorporate it into government decision-making. But while the Biden administration focused much of its efforts on guardrails, the Trump administration has increasingly torn them down as part of a broader push to incorporate the nascent technology into government decision-making. What are the risks and potential benefits of this sort of government by AI? “For Pete’s Sake.” Beleaguered Secretary of Defense Pete Hegseth is more beleaguered than ever this week, after reports that, in addition to inadvertently sharing classified secrets with Atlantic reporter Jeffrey Goldberg, he also passed them to his wife, brother, and personal lawyer on another Signal thread. Meanwhile, a former adviser (and established Trump loyalist) went public with allegations that Hegseth’s management has led to chaos at the Defense Department and called for his resignation. Will this be enough for the Trump administration to cut bait and run? Or does his support in the MAGAsphere simply run too deep?In object lessons, Tyler, fresh from biking adventures abroad, hyped the routes, photos, and resources on bikepacking.com, if physical exertion is your idea of relaxation. Anna, finding other ways to relax, came to the defense of The Big Short in helping to soothe her anxiety amid more current market upheaval. Doubling down on the “no relaxation without tension” theme, Scott’s outie binge-watched Severance while on vacation. And Kevin, very on-brand, was quick to bring us a feel-good story of a new community partnership to support AI skill-building in Austin-based nonprofits.  Hosted on Acast. See acast.com/privacy for more information.

On today's episode, Mikhail Zygar, a renowned Russian journalist living in exile in the U.S., the author of multiple books on Vladimir Putin, and the author of The Last Pioneer substack, joined Lawfare Associate Editor Olivia Manes to discuss his experience as the founder of one of the last independent Russian media channels, TV Rain. They talked about the incentives underlying Putin's actions in Ukraine, how the Russian president has clamped down on independent journalism, global disillusionment with liberal democracy, and more. Hosted on Acast. See acast.com/privacy for more information.

Chris Hughes, author of “Marketcrafters” and co-founder of the Economic Security Project, joins Kevin Frazier, AI Innovation and Law Fellow at Texas Law and Contributing Editor at Lawfare, to discuss his book and its implications at a time of immense economic uncertainty and political upheaval. The duo explore several important historical case studies that Chris suggests may have lessons worth heeding in the ongoing struggle to direct markets toward the public good. 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 Senior Editor and Brookings Senior Fellow Molly Reynolds about what members of Congress could be doing to be a check on President Trump and his administration. Hosted on Acast. See acast.com/privacy for more information.

On April 18 at 4 pm ET, Lawfare Editor-in-Chief Benjamin Wittes sits down with Lawfare Senior Editors Anna Bower, Quinta Jurecic, and Roger Parloff and Lawfare Legal Fellow James Pearce to discuss the status of the civil litigation against President Trump’s executive actions, including Judge Boasberg's finding of probable cause for contempt in the Alien Enemies Act case. Hosted on Acast. See acast.com/privacy for more information.

In recent weeks, President Trump has embarked on a campaign of extortion against law firms, pushing major firms to either reach agreements with the White House or face executive orders in retribution. A number of major firms have chosen to negotiate—agreeing to deals that are already under pressure as the White House seeks to extract more. Four firms—Perkins Coie, Jenner & Block, WilmerHale, and Susman Godfrey—have chosen to fight retaliatory executive orders in court and have secured temporary restraining orders against the administration. John Keker and Bob Van Nest joined the podcast to discuss these events. They’re partners at the firm Keker, Van Nest & Peters, and—along with their fellow partner Elliot Peters—published an op-ed in the New York Times urging law firms to stand up for themselves. In conversation with Lawfare Senior Editor Quinta Jurecic, they discussed why the Trump administration’s efforts pose such a threat to the rule of law and shared their insights into the dynamics inside law firms right now, what pressures might move a firm to capitulate, and what the firms that have chosen to fight are risking in the process. Hosted on Acast. See acast.com/privacy for more information.

On April 15, Judge Paula Xinis held a hearing in the case of Kilmar Abrego Garcia, the man deported by accident to a notorious prison in El Salvador. Lawfare Senior Editors Roger Parloff and Anna Bower covered the hearing live and debriefed on it with Editor-in-Chief Benjamin Wittes immediately afterwards. Hosted on Acast. See acast.com/privacy for more information.

The Supreme Court recently held oral arguments in the case of Mexico v. Smith & Wesson, a groundbreaking case brought by the government of Mexico that seeks to hold U.S. gun manufacturers accountable for cartels' use of American weapons to perpetrate violence in Mexico. On today's episode, Executive Editor Natalie Orpett talked with Jonathan Lowy, an attorney at Global Action on Gun Violence, who represents the government of Mexico in the suit, and Chantal Flores, a freelance journalist who has focused on Mexican cartels and has written about the case. They discussed the flow of U.S.-made guns into Mexico, how it relates to cartel violence, and the complicated legal and policy context around Mexico’s case. Hosted on Acast. See acast.com/privacy for more information.

Daniel Kokotajlo, former OpenAI researcher and Executive Director of the AI Futures Project, and Eli Lifland, a researcher with the AI Futures Project, join Kevin Frazier, AI Innovation and Law Fellow at Texas Law and Contributing Editor at Lawfare, to discuss what AI may look like in 2027. The trio explore a report co-authored by Daniel that dives into the hypothetical evolution of AI over the coming years. This novel report has already elicited a lot of attention with some reviewers celebrating its creativity and others questioning its methodology. Daniel and Eli tackle that feedback and help explain the report’s startling conclusion—that superhuman AI will develop within the next decade. Hosted on Acast. See acast.com/privacy for more information.

In a live conversation on April 11, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Anna Bower, Quinta Jurecic, and Roger Parloff, Lawfare Legal Fellow James Pearce, and Lawfare contributor James Pearce to discuss the status of the civil litigation against President Trump’s executive actions, including the April 11 hearing on the removal of Kilmar Abrego Garcia, the Supreme Court’s decisions in Abrego Garcia’s case and the Alien Enemies Act case, the targeting of law firms, and more. Hosted on Acast. See acast.com/privacy for more information.

From May 16, 2023: In recent years, the Supreme Court's non-merits “shadow docket” has become a topic of contestation and controversy, especially the Court's emergency orders rulings on issues ranging from immigration to abortion to Covid-19 restrictions.To discuss these issues, Jack Goldsmith sat down with Stephen Vladeck, the Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law, who is the author of a new book entitled, “The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic.” They discussed the origins of the contemporary shadow docket in some 1973 emergency orders related to the bombing of Cambodia, why the Court’s shadow docket has grown in prominence in recent years, what's wrong with the shadow docket, and how to fix it. Hosted on Acast. See acast.com/privacy for more information.

From March 8, 2024: The practice of surveillance capitalism—the widespread private collection and commodification of personal data—is well understood. Less well understood is the extent to which the U.S. government purchases this data in the commercial marketplace to use it for intelligence and law enforcement purposes. Byron Tau, when he was a reporter with The Wall Street Journal, did more than anyone to bring this practice to public light. Jack Goldsmith sat down recently with Tau to discuss his new book on the topic, “Means of Control: How the Hidden Alliance of Tech and Government is Creating a New American Surveillance State.” They discussed how the private broker market works, why the government is able to purchase bulk private data with relatively few legal restrictions, and the threat to privacy and civil liberties that inheres in the practice. They also discussed why this form of data is so important to the government and the prospects for reform of the relatively unregulated practice. Hosted on Acast. See acast.com/privacy for more information.

For today's episode, Lawfare Foreign Policy Editor Daniel Byman interviewed Tom Karako, the Director of the Missile Defense Program at CSIS, to discuss the Trump administration's missile defense proposals known as "Golden Dome." Karako explains the purpose of Golden Dome, its feasibility and cost, the likely reactions of China and Russia, and what realistic success would look like. Hosted on Acast. See acast.com/privacy for more information.

This week, Scott sat down with co-hosts emeritus Benjamin Wittes, Quinta Jurecic and Lawfare's new senior legal fellow James Pearce to talk through the week's biggest national security news stories, including:“Midnight Planes Going Anywhere.” The Supreme Court has weighed in on the Trump administration’s decision to quickly fly dozens of Venezuelan nationals to El Salvador with little to no meaningful process, holding that those detained had to be provided notice and an opportunity to challenge their removal, but only through habeas in their place of detention. Meanwhile, we are still awaiting the Court’s final decision on whether a lower court can direct the executive branch to seek the return of another man who was removed to El Salvador by mistake. What will these decisions mean for the Trump administration’s aggressive deportation policies?“All the King’s Horses and All the King’s Men, Won’t Be Able to Put Humphrey’s Together Again.” Watchers of the D.C. Circuit may have suffered whiplash this week, as an appellate panel reversed a district court’s conclusion that the Trump administration’s removal of statutorily protected members of the Merit Service Protection Board and National Labor Review Board was most likely unlawful, only for the panel itself to be reversed in short order by the whole en banc court. The issues now seem clearly poised for review by the Supreme Court. Is Humphrey’s Executor and other case law preserving independent agencies toast? Or might the Court stop short of killing independent agencies altogether?“A Duty of Pander.” Attorney General Pam Bondi punished a Justice Department attorney this week after he admitted to a federal court that he had not been provided adequate answers to some of the court’s questions. It’s the latest in a parade of disciplinary actions accusing attorneys of disloyalty for engaging in candor with the federal courts over the confusion that some of the Trump administration’s policies have caused. Is the Attorney General within her rights to crack down on these actions? And what impact will her demand for loyalty have on the Justice Department’s relationship with the federal courts?For object lessons, Quinta recommended the movie "Margin Call" as a reflection on the last financial crisis, as we prepare for the next one. Ben brought attention to Russia's brutal and inhumane attack on a children's playground in Ukrainian President Volodmyr Zelensky's hometown of Kryvi Rih, which underscores just how committed Russia really is to peace. Scott shared his latest home pizza discovery—a one hour no-knead recipe for pan pizza crust from King Arthur's Baking—as well as his next experiment: an all edge pieces pan pizza. And James gave a double-header object lesson, sharing his participation in the Baker to Vegas footrace and his reading of another story about something even more inhuman: Mary Shelley's Frankenstein. Hosted on Acast. See acast.com/privacy for more information.

On today's episode, Executive Editor Natalie Orpett spoke with Tara Varma, a fellow at the Brookings Institution, about the latest in French politics. On March 31, far-right leader Marine Le Pen was convicted of embezzlement and banned from politics, though polling showed her in the lead for the 2027 presidential elections. In the last few weeks, current French president Emmanuel Macron has been carving out a place for French leadership amidst the upheaval in Europe’s relationship with the United States. Meanwhile, the push to build European defense capacity—and Trump’s new tariffs—are raising a lot of complicated questions. Hosted on Acast. See acast.com/privacy for more information.

Lawfare Associate Editor for Communications Anna Hickey spoke to Director of the Center for Climate Security Erin Sikorsky about the omission of climate change from the Annual Threat Assessment, Director of National Intelligence Tulsi Gabbard’s testimony in front of Congress, and the national security risks of climate change.Read Sikorsky’s article here. 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 Lawfare Contributing Editor Peter Harrell, who was previously Senior Director for International Economics on the National Security Council, and Professor Jennifer Hillman of the Georgetown University Law Center, a former member of the WTO’s appellate body and senior U.S. trade official, to discuss the new global tariffs that President Trump imposed last week and the legal fight that is beginning to emerge over them.Together, they discussed how dramatic a break the Trump administration’s policies are from past practice, the logic behind them (or lack thereof), and whether his use of the International Emergency Economic Powers Act (IEEPA) to impose them will really survive judicial scrutiny. Hosted on Acast. See acast.com/privacy for more information.

In a live conversation on April 4, Lawfare Senior Editor Scott R. Anderson sat down with Lawfare Senior Editors Anna Bower and Roger Parloff, Lawfare Legal Fellow James Pearce, and Georgetown professor Steve Vladeck to discuss the status of the civil litigation against President Trump’s executive actions, including the deportation of individuals to an El Salvador prison, the federal funding freeze, the targeting of law firms, and more. Hosted on Acast. See acast.com/privacy for more information.

From January 26, 2024: In front of a live audience at the Knight Foundation's INFORMED conference in Miami, Florida, Lawfare Editor-in-Chief Benjamin Wittes spoke with Hon. Kenneth L. Wainstein, Under Secretary for Intelligence and Analysis at the Department of Homeland Security; Jameel Jaffer, Executive Director of the Knight First Amendment Institute at Columbia University; and Lawfare Senior Editor Quinta Jurecic about government surveillance of open source social media. Hosted on Acast. See acast.com/privacy for more information.

From March 20, 2024: Since World War II, the United States and its currency, the dollar, have come to play a central role in the broader global economy. And in recent decades, policymakers have used this role as a weapon, cutting off access to malign actors and punishing those who act contrary to U.S. national security interests. But cultivating such primacy has proven to be a double-edged sword, with more complicated ramifications for many Americans. In her new book “Paper Soldiers: How the Weaponization of the Dollar Changed the World Order,” Bloomberg reporter Saleha Mohsin digs into the history of the dollar’s role in the global economy and what its increasing weaponization may mean moving forward. Lawfare Senior Editor Scott R. Anderson recently joined Mohsin to discuss her new book and what we should all know about the new economic and political moment we are living through.  Hosted on Acast. See acast.com/privacy for more information.

Hillary Hartley, the former Chief Digital Officer of Ontario and former Co-Founder and Deputy Executive Director at 18F, and David Eaves, Associate Professor of Digital Government and Co-Deputy Director of the Institute for Innovation and Public Purpose at University College London, join Kevin Frazier, AI Innovation and Law Fellow at Texas Law and Contributing Editor at Lawfare, to discuss the recent closure of 18F, a digital unit within the GSA focused on updating and enhancing government technological systems and public-facing digital services. Hillary and David also published a recent Lawfare article on this topic, “Learning from the Legacy of 18F.” Hosted on Acast. See acast.com/privacy for more information.

For today’s episode, we’re bringing you the opening episode of our podcast Escalation. Escalation is a multi-part narrative podcast hosted by Lawfare Managing Editor Tyler McBrien and Ukraine Fellow Anastasiia Lapatina. Escalation lays bare the stakes of the Russo-Ukrainian War through powerful storytelling and compelling voices. It reveals forgotten promises and fragile alliances that have shaped the U.S.-Ukraine relationship and how the decisions of policymakers in Washington, Kyiv, and Moscow have global consequences.In Episode One: Chicken Kiev: The world watches the Cold War end and the Soviet Union break apart. And after centuries of Russian rule, Ukrainians may soon have their independence back. But in Washington, there’s fear that that independence could actually make the world more dangerous. Hosted on Acast. See acast.com/privacy for more information.

This week, Scott joined his Lawfare colleagues Natalie Orpett and Eric Ciaramella to talk through the week’s big national security news, including:“In Mother Russia, Sometimes Bear Poke You.” Discussions over a possible broader ceasefire in Ukraine—beyond the temporary (and limited) energy and Black Sea ceasefire agreements last week—appear to have ground to a halt over Russian demands. Many observers suspect this is simply a stalling technique by Russian President Vladimir Putin, as Russia prepares for another offensive intended to improve his negotiating leverage. President Trump, meanwhile, in a rare swipe at the Russian dictator, has said he’s “pissed off.” But will Trump bring leverage to bear enough for Putin to budge? Or are the ceasefire negotiations like to stay stuck in the mud—and, if so, will Trump know who to blame?“Nuukin’ Futs.” Vice President J.D. Vance visited the northernmost U.S. military base in Greenland last week and delivered a speech in front of U.S. service members that accused Denmark of neglecting its Greenland protectorate and failing to adequately protect it from China and Russia—shortcomings that, in his telling, justify President Trump’s stated intent to gain U.S. control over the island nation. Is there any truth to Vance’s allegations? And will his remarks help or hurt the Trump administration’s purported objective of securing Greenland and improving U.S. access to its various resources? “Third Term’s the Charm.” In an interview this week, President Trump insisted to reporters that he was serious about potentially pursuing a third term and suggested that there were “methods” by which he could do so, in spite of the 22nd Amendment’s two-term limitation on presidents. How seriously should we take his threat? Are there arguments that could carry water — and will it matter?In object lessons, Natalie—tire-d of DC traffic—“spoke” highly of her beloved ebike. Scott, flying solo in NYC, curled up with his Kindle at Amor y Amargo, contemplating the question: how many Amaros does it take to make the perfect Sazerac? And Eric praised “Language City: The Fight to Preserve Endangered Mother Tongues in New York,” by Ross Perlin—a fascinating portrait of linguistic diversity and the fight to preserve it. Hosted on Acast. See acast.com/privacy for more information.