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PODCAST

The Lawfare Podcast

The Lawfare Institute

The Lawfare Podcast features discussions with experts, policymakers, and opinion leaders at the nexus of national security, law, and policy. On issues from foreign policy, homeland security, intelligence, and cybersecurity to governance and law, we have doubled down on seriousness at a time when others are running away from it. Visit us at www.lawfaremedia.org.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

government politics

All Episodes

44:23

Lawfare Daily: Conversations from Aspen, Part 1:...

The Lawfare Podcast ·

2025/07/23

For today's episode,LawfareSenior Editor Scott R. Anderson shares some of the conversations he had with leading policy experts and practitioners on the margins of this year's Aspen Security Forum, which took place last week.First he sat down Shashank Joshi, the Defence Editor for The Economist to discuss the new dynamics surrounding European security, as well as the path toward (and implications of) a Europe less dependent on the United States for its security.Scott then talked with Iris Ferguson of

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50:49

Lawfare Daily: Noah Feldman on the Supreme Court's...

The Lawfare Podcast ·

2025/07/22

Alan Rozenshtein, Senior Editor at Lawfare and Associate Professor of Law at the University of Minnesota, speaks with Noah Feldman, the Felix Frankfurter Professor of Law at Harvard Law School, about the Supreme Court'srecent decisionto greatly limit the practice of universal injunctions. The ruling came in a case involving a Trump administration executive order on birthright citizenship, and while many commentators have viewed the decision as a dangerous loss for the rule of law, Noah argues that

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1:05:28

Rational Security: The “Live from Aspen” Edition

The Lawfare Podcast ·

2025/07/21

Scott recorded this week’s special episode live from the 2025 Aspen Security Forum, where he sat down with a panel of top national security journalists—including co-host emeritus Shane Harris of The Atlantic, Mark Goldberg of the Global Dispatches podcast, and Alex Ward of the Wall Street Journal—to talk about some of the issues that have emerged at and around this year’s Forum, including:“Putting the Ass in Aspen.” Twenty-four hours before the Aspen Security Forum was set to begin, the Defense

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1:39:28

Lawfare Daily: The Trials of the Trump...

The Lawfare Podcast ·

2025/07/21

In alive conversation onJuly 18,LawfareEditor in Chief Benjamin Wittes sat down withLawfareSenior Editors Anna Bower and Roger Parloff andLawfareContributor Nicholas Bednar to discuss the Supreme Court’s rulings inTrump v. AFGEandMcMahon v. New York,which allows for the mass terminations of federal employees, what happened in the hearing this week in the criminal case involving Kilmar Abrego Garcia, politicization of the Justice Department, and more.Support this show

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45:43

Lawfare Archive: Why is Everyone Banning TikTok?

The Lawfare Podcast ·

2025/07/20

From December 28, 2022: In the last few weeks, over a dozen U.S. states have banned TikTok from government devices, citing national security concerns. A similar bill was included in the omnibus spending bill, requiring the social media video app to be removed from the devices used by federal agencies. But addressing the concerns over how the Chinese government could coerce TikTok’s parent company to get access to Americans' data raises interesting questions about the existing data protection and

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1:14:51

Lawfare Archive: How the Police Became Untouchable

The Lawfare Podcast ·

2025/07/19

From February 14, 2023: Last month's brutal murder of Tyre Nichols by Memphis police has once again sparked a national conversation about the causes of and remedies for persistent police misconduct and abuse. To explore this issue, Jack Goldsmith sat down with Joanna Schwartz, a law professor at UCLA School of Law, who is the author of a new book called, “Shielded: How the Police Became Untouchable.” The book argues that police abuse is a result of pervasive pathologies in the legal system that

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59:17

Scaling Laws: Eugene Volokh on Libel and AI

The Lawfare Podcast ·

2025/07/18

In this Scaling Laws Academy "class," Kevin Frazier, the AI Innovation and Law Fellow at Texas Law and a Senior Editor at Lawfare, speaks withEugene Volokh, a Senior Fellow at the Hoover Institution and long-time professor of law at UCLA, on libel in the AI context. The two dive into Volokh's paper,“Large Libel Models? Liability for AI Output.”Extra credit for those who give it a full read and explore some of the "homework" below:“Beyond Section 230: Principles for AI Governance,”138 Harv. L. Rev

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37:31

Lawfare Daily: The End of USAID, with Nicholas Kristof

The Lawfare Podcast ·

2025/07/17

Since Jan. 20, 84% of U.S. Agency for International Development grants and contracts have been terminated and 93% of agency staff have been fired. On July 1, the State Department absorbed the remaining staff and grants. OnLawfare Daily,LawfareAssociate Editor for Communications Anna Hickey spoke to New York Times opinion columnist Nicholas Kristof about the global impact of the Trump administration's dismantling of the USAID and foreign assistance cuts. They discussed what Kristof saw in his

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1:18:05

Rational Security: The “Altered State” Edition

The Lawfare Podcast ·

2025/07/16

This week, Scott sat down with his Lawfare colleagues Benjamin Wittes and Eric Ciaramella to talk through the week’s big national security news stories, including:“With Arms Wide Open.” After years of open skepticism toward Ukraine (and uncharacteristic deference to Russia), it seems President Trump may have turned a page. His rhetoric has grown cooler toward Russian President Vladimir Putin, and he has proven more willing to provide arms to Ukraine, even over contrary efforts by some of his

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1:13:36

Lawfare Daily: Reparations for Russia's...

The Lawfare Podcast ·

2025/07/16

Lawfare Legal Fellow Mykhailo Soldatenko and Lawfare Senior Editor Scott R. Anderson sit down with Markiyan Kliuchkovskyi, Executive Director of the Register of Damage for Ukraine at the Council of Europe and a former legal advisor of the Office of the President of Ukraine, andPatrick Pearsall, Partner at Gibson Dunn and Director of the Columbia Law School International Claims and Reparations Project. Markiyan and Patrick played a key role in proposing and designing Ukraine's reparations strategy

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1:11:00

Lawfare Daily: David Noll on Civil Contempt Against a...

The Lawfare Podcast ·

2025/07/15

Alan Rozenshtein, Senior Editor and Research Director atLawfare, sits down with David Noll, a Professor of Law at Rutgers Law School, to discuss his newLawfareResearch Report,“Civil Contempt Against a Defiant Executive.”They talk about the widespread assumption that the judiciary is powerless if the executive branch chooses to defy court orders, largely because enforcement mechanisms like the U.S. Marshals Service reside within the executive branch.Noll argues that this view is mistaken and

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1:47:14

Lawfare Daily: The Trials of the Trump...

The Lawfare Podcast ·

2025/07/14

In alive conversation onJuly 11,LawfareEditor in Chief Benjamin Wittes sat down withLawfareSenior Editors Scott Anderson, Anna Bower and Roger Parloff to discuss the Supreme Court’s ruling inTrump v. AFGE,which allows for the mass terminations of federal employees, what happened in the multiple hearings in the criminal and civil cases involving Kilmar Abrego Garcia, a nationwide injunction on President Trump’s birthright citizenship executive order, and more.Support this show

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50:40

Lawfare Archive: Julian Mortenson on 'The Executive...

The Lawfare Podcast ·

2025/07/13

From April 12, 2019: Julian Mortenson, Professor of Law at the University of Michigan, is the author of a remarkable new article entitled "Article II Vests Executive Power, Not the Royal Prerogative," forthcoming in the Columbia Law Review andavailableon SSRN.Recently, Benjamin Wittes spoke with the professor about the article, which Mortenson has been working on for years—as long as the two have known each other. The article explores the history of exactly three words of the U.S. Constitution—the

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41:56

Lawfare Archive: Juliette Kayyem on the Baltimore...

The Lawfare Podcast ·

2025/07/12

From April 9, 2024: In the early morning on March 26, a Singapore-flagged cargo ship crashed into Baltimore’s Francis Scott Key Bridge. The bridge collapsed, resulting in the death of six of the eight individuals conducting maintenance on the bridge. The incident has disrupted commuter traffic and the transport of hazardous materials, and it has halted shipping traffic at the Port of Baltimore, among other effects.LawfareResearch Fellow Matt Gluck discussed the bridge’s collapse, how authorities

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58:43

Lawfare Daily: Bribery and the Second Trump...

The Lawfare Podcast ·

2025/07/11

John Keller, now a partner at Walden, Macht, Haran, & Williams, channeled his experience as the former chief of the Public Integrity Section at the Department of Justice to talk about bribery with James Pearce, Lawfare Legal Fellow.After explaining the basics of bribery law and whether a current or former president could face a bribery prosecution, Keller analyzed whether three episodes from the first six months of the second Trump administration could plausibly be characterized as bribery:

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39:02

Lawfare Daily, Bonus Edition: Unpacking the July 7...

The Lawfare Podcast ·

2025/07/10

On July 8, Lawfare Editor-in-Chief Benjamin Wittes sat down for a bonus edition of Lawfare Live with Lawfare Senior Editors Anna Bower and Roger Parloff to discuss Kilmar Abrego Garcia's July 7 hearing in federal court in Greenbelt, Maryland.To receive ad-free podcasts, become aLawfareMaterial Supporter atwww.patreon.com/lawfare. You can also supportLawfareby making a one-time donation athttps://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast

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1:06:21

Scaling Laws: Ethan Mollick: Navigating the...

The Lawfare Podcast ·

2025/07/10

Ethan Mollick, Professor of Management and author of the “One Useful Thing”Substack, joins Kevin Frazier, the AI Innovation and Law Fellow at the University of Texas School of Law and a Senior Editor at Lawfare, and Alan Rozenshtein, Associate Professor at Minnesota Law and a Senior Editor at Lawfare, to analyze the latest research in AI adoption, specifically its use by professionals and educators. The trio also analyze the trajectory of AI development and related, ongoing policy discussions.More

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1:15:30

Rational Security: The “Game Changers” Edition

The Lawfare Podcast ·

2025/07/09

This week, Scott sat down with fellow Senior Editors Molly Reynolds and Alan Rozenshtein to talk through the week’s big national security news, including:“One Bill to rule them all, One Bill to find them, One Bill to bring them all and in the darkness bind them.” Republicans in Congress narrowly enacted President Trump’s “One Big Beautiful Bill” last week, just in advance of the July 4 deadline he had set early in the year. What will its contents mean for elements of Trump’s national security

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55:44

Lawfare Daily: The Double Black Box: Ashley Deeks on...

The Lawfare Podcast ·

2025/07/09

Lawfare Senior Editor Alan Rozenshtein sits down with Ashley Deeks, the Class of 1948 Professor of Scholarly Research in Law at the University of Virginia School of Law, to discuss her new book,“The Double Black Box: National Security, Artificial Intelligence, and the Struggle for Democratic Accountability.”They talk about the core metaphor of the book: the idea that the use of artificial intelligence in the national security space creates a "double black box." The first box is the traditional

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53:22

Lawfare Daily: Michael Feinberg on Leaving the FBI

The Lawfare Podcast ·

2025/07/08

Until late May, Michael Feinberg was a senior FBI counterintelligence agent focused on China. All that changed one weekend, when the Deputy FBI Director found out that he was still friends with a former FBI official who had been fired years ago. In his first interview following his essay, “Goodbye to All That,” in Lawfare last week. Feinberg sat down with Lawfare Editor-in-Chief Benjamin Wittes to discuss his career, his resignation, and the climate inside the Bureau.To receive ad-free podcasts,

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