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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

51:49

Lawfare Daily: Social Security, the ‘Death Master...

The Lawfare Podcast ·

2025/05/02

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.Reportsindicatethat 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

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34:14

Lawfare Daily: The Crisis in Kashmir

The Lawfare Podcast ·

2025/05/01

For today's episode,LawfareForeign 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.To receive ad-free podcasts, become aLawfareMaterial Supporter atwww.patreon.com/lawfare. You can also supportLawfareby making a one-time

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1:12:48

Rational Security: The “Keeping It 100” Edition

The Lawfare Podcast ·

2025/04/30

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

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34:07

Lawfare Daily: Andrew Bakaj on the Whistleblowing and...

The Lawfare Podcast ·

2025/04/30

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

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48:25

Lawfare Daily: The President, Congress, and the Power...

The Lawfare Podcast ·

2025/04/29

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

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1:34:17

Lawfare Daily: The Trials of the Trump...

The Lawfare Podcast ·

2025/04/28

In alive conversation onApril 25,LawfareEditor in Chief Benjamin Wittes sat down withLawfareSenior Editors Anna Bower, Scott Anderson, and Roger Parloff,LawfareLegal Fellow James Pearce, andLawfareContributor 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

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48:01

Lawfare Archive: The Legislative Dog That Hasn’t Barked

The Lawfare Podcast ·

2025/04/27

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 recentLawfarearticle, 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

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52:02

Lawfare Archive: The Spymasters with Chris Whipple

The Lawfare Podcast ·

2025/04/26

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

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32:03

Lawfare Daily: Cybersecurity Challenges and...

The Lawfare Podcast ·

2025/04/25

For today's episode,LawfareForeign 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.To receive ad-free podcasts, become aLawfareMaterial Supporter atwww.patreon.com/lawfare. You can also supportLawfareby making a

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52:40

Lawfare Daily: Ideological Exclusions and...

The Lawfare Podcast ·

2025/04/24

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,” joinsLawfareManaging 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

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1:22:19

Rational Security: “The More You DOGE” Edition

The Lawfare Podcast ·

2025/04/23

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

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50:18

Lawfare Daily: Mikhail Zygar on Putin, the...

The Lawfare Podcast ·

2025/04/23

On today's episode, Mikhail Zygar, a renowned Russian journalist living in exile in the U.S. and the author of multiple books on Vladimir Putin, joined Lawfare Associate Editor Olivia Manes to discuss his experience asthe founder of one of the last independent Russian media channels, TV Rain. Theytalked 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.To receive

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41:44

Lawfare Daily: Chris Hughes on His New Book,...

The Lawfare Podcast ·

2025/04/22

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.To receive ad-free podcasts,

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1:34:29

Lawfare Daily: The Trials of the Trump...

The Lawfare Podcast ·

2025/04/21

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.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

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55:06

Lawfare Archive: 'The President Who Would Not Be King'

The Lawfare Podcast ·

2025/04/20

From January 26, 2021: Jack Goldsmith sat down with Michael McConnell, the Richard and Frances Mallery Professor and director of the Constitutional Law Center at Stanford Law School, a senior fellow at the Hoover Institution and the author of the new book, "The President Who Would Not Be King: Executive Power Under the Constitution." They discussed McConnell's textual historical approach to interpreting presidential power under Article II of the U.S. Constitution, the many novel elements of

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52:40

Lawfare Archive: The Israeli Judicial System on the...

The Lawfare Podcast ·

2025/04/19

From March 6, 2023: Amichai Cohen and Yuval Shany are both Israeli legal scholars and longtimeLawfarecontributors. Shany is a professor of international law at the Hebrew University Law School in Jerusalem. Cohen is a professor at Ono Academic College. They are both scholars at the Israel Democracy Institute, and together they are also co-authors of asix-part seriesinLawfareabout the ongoing effort by the Israeli government to alter the Israeli judicial system. It is a detailed account of a very

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50:01

Lawfare Daily: Trump's Attack on Law Firms

The Lawfare Podcast ·

2025/04/18

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 arealready under pressureas 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

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43:05

Lawfare Daily: Roger Parloff and Anna Bower Talk...

The Lawfare Podcast ·

2025/04/17

On April 15, Judge Paula 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.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

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47:22

Lawfare Daily: Mexican Cartels and American Guns

The Lawfare Podcast ·

2025/04/16

The Supreme Court recently held oral arguments in the case ofMexico 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 withJonathan 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

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37:41

Lawfare Daily: Daniel Kokotajlo and Eli Lifland on...

The Lawfare Podcast ·

2025/04/15

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

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