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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

32:45

Lawfare Daily: Russia’s Shadow War in the Baltic Sea

The Lawfare Podcast ·

2025/02/14

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

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47:25

Lawfare Daily: Are the Courts Ready for a Trump...

The Lawfare Podcast ·

2025/02/13

Only a few weeks have passed since inauguration, but President Trump's barrage of executive orders has already generateddozens 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

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1:25:27

Rational Security: “The General Mattis of the NFL”...

The Lawfare Podcast ·

2025/02/12

This week, Scott sat down with hisLawfareteammatesTyler McBrien and Nastya Lapatina andLawfarefriend Joel Braunold, Managing Director of the S. Daniel Abraham Center for Middle East Peace, to talk over the week's big national securitynews 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

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51:59

Lawfare Daily: Jack Goldsmith on Trump v. United...

The Lawfare Podcast ·

2025/02/12

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 hisrecent Lawfare articlediscussing 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

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44:47

Lawfare Daily: Chris Miller and Marshall Kosloff on...

The Lawfare Podcast ·

2025/02/11

Chris Miller, a professor at the Fletcher School at Tufts University and Nonresident Senior Fellow at the American Enterprise Institute, and Marshall Kosloff, Senior Fellow at the Niskanen Center and co-host of the Realignment Podcast, join Kevin Frazier, a Contributing Editor at Lawfare and adjunct professor at Delaware Law, and Alan Rozenshtein, Senior Editor at Lawfare and associate professor of law at the University of Minnesota, to discuss AI, supply chains, and the Abundance Agenda.We value

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53:34

Lawfare Daily: Discussing Litigation Against Trump...

The Lawfare Podcast ·

2025/02/10

In a live conversation on February 7,LawfareEditor-in-Chief Benjamin Wittes spoke toLawfareSenior Editors Anna Bower, Quinta Jurecic, and Roger Parloff about the lawsuits against executive actions by President Trump and his administration, including the actions by DOGE to gain access to executive agencies, the attempt to dissolve USAID, the attempt to produce a list and potentially fire FBI agent and employees who were involved with the Jan. 6 investigations, and more.We value your feedback! Help us

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40:32

Lawfare Archive: The PEPFAR Reauthorization Battle,...

The Lawfare Podcast ·

2025/02/09

From August 22, 2023: In 2003, President Bush created the President’s Emergency Plan for AIDS Relief, or PEPFAR, and in the twenty years since, the program has been credited with saving over 25 million lives and stabilizing health systems around the world. On Sept. 30, 2023, the program will expire if Congress doesn’t act, putting millions of people at risk of losing access to HIV/AIDS treatment.LawfareAssociate Editor of Communications Anna Hickey sat down with Emily Bass, a writer and activist who

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55:39

Lawfare Archive: Trade War Powers: Past, Present and...

The Lawfare Podcast ·

2025/02/08

From August 31, 2020: Earlier this month, the Trump administration re-imposed tariffs on aluminum imports from Canada, signaling a new salvo in the now years-long trade war it has been waging with countless U.S. trading partners. But what gives the president the authority to pursue such measures unilaterally, even when he lacks support from members of his own party in Congress? To talk through this question, Scott R. Anderson sat down with Kathleen Claussen of the University of Miami School of Law

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33:42

Lawfare Daily: Nayna Gupta on the Laken Riley Act

The Lawfare Podcast ·

2025/02/07

On today’s podcast,LawfareAssociate Editor for Communications Anna Hickey spoke to Nayna Gupta, Director of Policy at the American Immigration Council, about the Laken Riley Act, the first piece of legislation signed by President Trump in his second term, its start as a messaging bill in the last Congress, and its impact on the immigration detention system.We value your feedback! Help us improve by sharing your thoughts atlawfaremedia.org/survey. Your input ensures that we deliver what matters most

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28:47

Lawfare Daily: Understanding the War in Sudan

The Lawfare Podcast ·

2025/02/06

Lawfare Foreign Policy Editor and Georgetown professor Daniel Byman sits down with Holly Berkley Fletcher, a former Senior Africa Analyst at the Central Intelligence Agency, to discuss the complex and tragic situation in Sudan and her recent Lawfare article on the subject, “The Sudan War and the Limits of American Power.” They talk about the initial hope following the overthrow of Omar al-Bashir in 2019, the subsequent military conflicts in Sudan, the country’s humanitarian crisis, the role of

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1:17:01

Rational Security: The "Law and Order: Executive...

The Lawfare Podcast ·

2025/02/05

This week, Scott sat down with his Lawfare colleagues Benjamin Wittes, Molly Reynolds, and Anna Bower to talk through another big week of national security news, including:“Checked Out and Off Balance.” Over its first two weeks in office, the Trump administration has pushed against the traditional limits of congressional authority by unlawfully impounding funds, terminating federal employees contrary to statute, and seeking to dismantle at least one federal agency contrary to statute. But the

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47:30

Lawfare Daily: The Legality of OPM's "Deferred...

The Lawfare Podcast ·

2025/02/05

On Jan. 28, the Office of Personnel Management (OPM) sent out an email offering a “deferred resignation program” to over 2 million federal employees, encouraging them to resign effective Sept. 30. The offer is only open until Feb. 6—and in the intervening days since OPM announced the program, federal employees have received a blizzard of followup emails offering confusing and rapidly changing information.Writing inLawfare,Nick Bednar hasexamined the OPM offerandraised questionsabout whether federal

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56:28

Lawfare Daily: What Is Happening with USAID?

The Lawfare Podcast ·

2025/02/04

Today’s episode is a recording of Feb. 3 livestream that Senior Editor Scott R. Anderson hosted with George Ingram and Tony Pipa, both Senior Fellows in Global Economy and Development at the Brookings Institution, and Jonathan Katz, Senior Director of the Anti-Corruption, Democracy, and Security project also at Brookings—all three of whom are also alumni of the U.S. Agency for International Development (USAID). Among other topics, they discussed the USAID’s tumultuous experience over the first two

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44:12

Lawfare Daily: Should the U.S. Sanction the ICC, with...

The Lawfare Podcast ·

2025/02/03

Nema Milaninia, a former prosecutor at the International Criminal Court and International Criminal Tribunal for the Former Yugoslavia and a current partner at the law firm King & Spalding, joinsLawfareManaging Editor Tyler McBrien to discuss legislation in the U.S. Congress and recent executive actions taken by the Trump administration to, once again, sanction the International Criminal Court.Milaninia discusses what is motivating the most recent sanctions campaign, broke down the many

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35:50

Lawfare Archive: Sejal Zota on ICE Tracking Technologies

The Lawfare Podcast ·

2025/02/02

From May 9, 2022: Many individuals seeking asylum or other forms of immigration relief in the U.S. are subject to a program run by Immigration Customs Enforcement, or ICE, called the Intensive Supervision Appearance Program, which uses various kinds of tracking technologies as a way of keeping tabs on individuals who are not detained in ICE custody.Stephanie Pell sat down with Sejal Zota, legal director of Just Futures Law, to talk about this program and the kinds of tracking technologies it

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1:06:36

Lawfare Daily: Discussing the Kennedy, Patel, and...

The Lawfare Podcast ·

2025/02/01

In a live conversation on January 30,LawfareEditor-in-Chief Benjamin Wittes spoke toLawfareSenior Editors Anna Bower, Quinta Jurecic, and Roger Parloff and contributing editor Renee DiResta about the confirmation hearings of Kash Patel to be FBI director, Tulsi Gabbard to be the director of national intelligence, and Robert F. Kennedy to be the health and human services secretary.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

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43:47

Lawfare Daily: How the Trump Administration is Using...

The Lawfare Podcast ·

2025/01/31

For today’s episode, Lawfare General Counsel and Senior Editor Scott R. Anderson sat down with Chris Mirasola, an assistant professor at the University of Houston Law Center and former Defense Department lawyer, to talk through the ways that the Trump administration is using the military to enforce its new immigration policies.They discussed the steps the Trump administration has taken thus far, from transporting migrants on military flights to threatening to send them to Guantanamo Bay; the legal

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50:00

Lawfare Daily: Understanding the Impoundment Crisis

The Lawfare Podcast ·

2025/01/30

This week, the Office of Management and Budget announced a breathtakingly broad freeze on federal funds—before scrambling to clarify that freeze and seemingly rolling it back only two days later. The crisis touches on profound questions about the congressional power of the purse and limitations on presidential power under the Impoundment Control Act. To explain what’s going on, Lawfare Senior Editor Quinta Jurecic spoke with Eloise Pasachoff, a professor at Georgetown Law School, and Zachary Price

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1:15:33

Rational Security: The “Don’t Cry for Me, Lawfare”...

The Lawfare Podcast ·

2025/01/29

This week, Scott was joined by his colleagues Kevin and Eugenia—in what is sadly her last episode before leaving Lawfare—as well as special guest Peter Harrell for a deep dive into the week’s national security news, including:“Tariff or Takeoff.” The Trump administration got into what is arguably its first major international spat this week when Colombia’s refusal to accept a U.S. military flight returning migrants to that country led President Trump to threaten an array of punitive measures, from

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37:39

Lawfare Daily: Peter Hyun on the Tech Supply Chain...

The Lawfare Podcast ·

2025/01/29

Peter Hyun, then-Acting Chief of the Enforcement Bureau at the Federal Communications Commission, discusses with Lawfare Contributing Editor Justin Sherman the FCC’s data security and cybersecurity enforcement authorities and how those authorities fit into addressing national security threats to the communications supply chain. He covers some recent enforcement actions and issues in this area, ranging from the FCC’s data breach notification rule to submarine cables to rip-and-replace efforts

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