The Lawfare Institute - Podcast Details

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The Lawfare PodcastLawfare Daily: Alexis Loeb on Kleptocracy and National SecurityIn 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.To receive ad-free podcasts, become a Lawfare Material S...2025-05-0745 min

The Lawfare PodcastLawfare Archive: Greg Johnsen and Scott Anderson on the Fight Against the HouthisFrom 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...2025-05-0350 min

The Lawfare PodcastLawfare Archive: The Israeli Judicial System on the BrinkFrom March 6, 2023: Amichai Cohen and Yuval Shany are both Israeli legal scholars and longtime Lawfare contributors. 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 a six-part series in Lawfare about the ongoing effort by the Israeli government to alter the Israeli judicial system. It is a detailed account of a very serious reform operation in Israel, one that the authors argue is dangerous. They joined Lawfare Editor-in-Chief Benjamin Wittes t...2025-04-1952 min

The Lawfare PodcastLawfare Daily: Trump’s New Global Tariffs and the Court Fights to Come, with Peter Harrell and Jennifer HillmanFor 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 practi...2025-04-081h 02

The Lawfare PodcastLawfare Archive: Government Use of Open-Source InformationFrom 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.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support th...2025-04-0656 min

The Lawfare PodcastLawfare Daily: Hillary Hartley and David Eaves on 18F, Its Origin, Legacy, and LessonHillary 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...2025-04-0442 min

The Lawfare PodcastLawfare Archive: War Powers and the Latest U.S. Intervention in Yemen with Brian Finucane, Jack Goldsmith, and Matt GluckFrom January 30, 2024: U.S. military operations against Houthi rebels in Yemen have escalated rapidly in recent weeks, culminating in a number of major strikes aimed at degrading their ability to threaten Red Sea shipping traffic. But the war powers reports the Biden administration has provided to Congress are raising questions about how it is legally justifying this latest military campaign. To discuss the burgeoning conflict in Yemen and what it might mean for war powers, Lawfare Senior Editor Scott R. Anderson sat down with Brian Finucane, Senior Adviser at the Crisis Group; Lawfare Co-founder and Harvard Law Schoo...2025-03-301h 04

The Lawfare PodcastLawfare Archive: El Salvador’s President Cracks Down on Gangs—and DemocracyFrom 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 Jureci...2025-03-221h 05

The Lawfare PodcastLawfare Daily: Derek Thompson on Abundance and a New Political OrderDerek 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.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-tim...2025-03-1847 min

The Lawfare PodcastLawfare Archive: Jeff Kosseff on Why the First Amendment Protects False SpeechFrom 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 T...2025-03-1543 min

The Lawfare PodcastLawfare Daily: A World Without CaesarsThis 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 wh...2025-03-1451 min

The Lawfare PodcastLawfare Archive: How Much Trouble is NATO Really In? with Scott R. AndersonFrom 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’...2025-03-0859 min

The Lawfare PodcastLawfare Daily: The Impoundment Crisis, One Month InIn 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...2025-03-0650 min

The Lawfare PodcastLawfare Daily: The State of the Gaza Ceasefire and Related Issues, with Joel BraunoldFor 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. To receive a...2025-03-0554 min

The Lawfare PodcastLawfare Daily: Trump’s Tariffs and the LawFor 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 im...2025-02-2745 min

The Lawfare PodcastLawfare Daily: The Fate of UkraineOn 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...2025-02-261h 01

The Lawfare PodcastLawfare Daily: The Trials of the Trump Administration, Feb. 21In 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...2025-02-241h 24

The Lawfare PodcastLawfare Daily: The Trials of the Trump Administration, Feb. 14In 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/sur...2025-02-171h 12

The Lawfare PodcastLawfare Daily: Are the Courts Ready for a Trump Presidency?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 law...2025-02-1347 min

The Lawfare PodcastLawfare Daily: Jack Goldsmith on Trump v. United States and Executive PowerJack 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...2025-02-1251 min

The Lawfare PodcastLawfare Daily: Chris Miller and Marshall Kosloff on the Abundance Agenda’s Implications for National SecurityChris 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 your feedback! Help us improve by sharing your thoughts at lawfaremedia.org/survey. Your input ensures that we deliver what m...2025-02-1144 min

The Lawfare PodcastLawfare Daily: Discussing Litigation Against Trump Administration ActionsIn a live conversation on February 7, Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Senior 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 improve by sharing your thoughts at lawfaremedia.org/survey. Your input ensures that we deliver what matters most to you...2025-02-1053 min

The Lawfare PodcastLawfare Daily: Understanding the War in SudanLawfare 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 regional powers, and the challenges faced by civilians and the international community in addressing the ongoing violence and suffering. We valu...2025-02-0628 min

The Lawfare PodcastLawfare Daily: The Legality of OPM's "Deferred Resignations”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 in Lawfare, Nick Bednar has examined the OPM offer and raised questions about whether federal employees who take this option will be able to seek legal recourse if their contract is not paid out. On the podcast, Bedn...2025-02-0547 min

The Lawfare PodcastLawfare Daily: Nick Bednar on Trump's Civil Service Executive OrdersIn today’s episode, Lawfare Senior Editor Alan Z. Rozenshtein speaks with his University of Minnesota Law colleague, Nick Bednar, about the wave of Day 1 executive orders affecting the civil service. Bednar recently analyzed these orders in a piece for Lawfare. They discuss what the orders say, how they might be challenged in court, and what this means for the next four years and beyond.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show...2025-01-281h 04

The Lawfare PodcastLawfare Daily: Discussing President Trump’s First Batch of Executive OrdersIn a live conversation on January 23, Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Senior Editors Scott R. Anderson, Anna Bower, Quinta Jurecic, and Alan Rozenshtein and assistant law professor at Pace University Amelia Wilson about the first batch of executive orders by President Trump in his second term, including suspending enforcement of the TikTok ban, the use of the military at the border, the birthright citizenship order, and the legal challenges some of these orders are facing.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a...2025-01-2756 min

The Lawfare PodcastLawfare Archive: A Jan. 6 Committee Staffer on Far-Right ExtremismFrom February 15, 2023: The Jan. 6 committee’s final report on the insurrection is over 800 pages, including the footnotes. But there’s still new information coming out about the committee’s findings and its work.Last week, we brought you an interview with Dean Jackson, one of the staffers who worked on the Jan. 6 committee’s investigation into the role of social media in the insurrection. Today, we’re featuring a conversation with Jacob Glick, who served as investigative counsel on the committee and is currently a policy counsel at Georgetown’s Institute for Constitutional Advocacy and Protection. His work in the J...2025-01-2657 min

The Lawfare PodcastLawfare Archive: The West Bank and the Israel-Hamas WarFrom November 3, 2023: Since Hamas’s attack on Israel on Oct. 7, the Israel-Hamas war has largely been fought in Gaza, a small strip of land along the border of the Mediterranean Sea. But farther inland, there has been an uptick in hostilities between Israelis and Palestinians in the Palestinian territory of the West Bank. Israeli human rights organization B’Tselem says that at least 13 Palestinian herding communities in the West Bank have been forcibly displaced since the beginning of the war due to Israeli settler violence and intimidation, and nearly 100 Palestinians in the territory are reported to have been killed sinc...2025-01-2555 min

The Lawfare PodcastLawfare Daily: Discussing Recent Disruptions to Undersea Cables with Kevin FrazierSenior Editor at Lawfare Eugenia Lostri sits down with Kevin Frazier, Lawfare’s Tarbell Fellow in Artificial Intelligence, to discuss recent disruptions to undersea cables. They talk about the ongoing investigations; the challenges that weather, cooperation, and jurisdiction can present; and the plans in place to protect the cables from accidents and sabotage.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See...2025-01-2140 min

The Lawfare PodcastLawfare Daily: Rubio, Ratcliffe, and Bondi Confirmation Hearings DispatchIn a live conversation on January 15, Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Managing Editor Tyler McBrien and Lawfare Senior Editors Anna Bower and Scott Anderson about the second day of confirmation hearings for President-elect Donald Trump’s cabinet. They discussed the hearings for Pam Bondi’s nomination to be attorney general, John Ratcliffe’s nomination to be CIA director, and Marco Rubio’s nomination to be secretary of state, and how collegial or contentious each hearing was.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time...2025-01-161h 00

The Lawfare PodcastLawfare Daily: Anna Bower on the Confirmation Hearing of Pete HegsethIn a live conversation on January 14, Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Senior Editor Anna Bower about the confirmation hearing of Pete Hegseth by the Senate Armed Services committee on his expected nomination to be secretary of defense, the first confirmation hearing for one of President-elect Trump’s cabinet nominations in his second term.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Aca...2025-01-1556 min

The Lawfare PodcastLawfare Daily: The Proposed New FARA Regulations, with DOJ Official Jennifer GellieFor today’s episode, Jennifer Gellie, the Chief of the Counterintelligence and Export Control Section ("CES") in the National Security Division of the U.S. Department of Justice, sits down with Lawfare Senior Editor and General Counsel Scott R. Anderson and Lawfare Contributing Editor and Morrison Foerster partner Brandon Van Grack to discuss new proposed regulations her office has issued for implementing the Foreign Agents Registration Act ("FARA"). They cover how the role of FARA has changed in recent decades, what the new regulations change and leave the same, and what the Justice Department's FARA-related priorities are likely...2025-01-141h 05

The Lawfare PodcastLawfare Daily: TikTok Ban at the Supreme CourtIn a live conversation on January 10, Lawfare Tarbell Fellow in Artificial Intelligence Kevin Frazier talked to Lawfare Senior Editor Alan Rozenshtein and Senior Staff Attorney at the Knight Institute Ramya Krishnan about the Supreme Court oral arguments over the legislation passed by Congress that bans TikTok unless its parent company ByteDance divests from the app, the arguments made by the different sides, and their predictions about how the Court might rule.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter...2025-01-1351 min

The Lawfare PodcastLawfare Daily: The New January 6 ReportsOn today’s podcast, Lawfare Senior Editor and Brookings Senior Fellow Molly Reynolds is joined by Quinta Jurecic, a Fellow at Brookings and Senior Editor at Lawfare, and Ryan Reilly, Justice Reporter at NBC News, to discuss a long-awaited report on Jan. 6 from the Department of Justice’s Inspector General, as well as a new report from House Republicans focusing on the pipe bombs planted outside the Democratic and Republican National Committees as part of the violence that day. They explore what the reports do—and do not—cover, how they fit in with other investigative work on the insurrec...2025-01-0657 min

The Lawfare PodcastLawfare Archive: Countering Extremism Within the MilitaryFrom April 8, 2022: Last week on Lawfare Live, Jacob Schulz sat down with Andrew Mines, a research fellow at George Washington University’s Program on Extremism. Mines helps lead the Program on Extremism's efforts to keep track of criminal charges resulting from the Jan. 6 Capitol Hill siege. They talked about the U.S military’s efforts to counter extremism within its ranks. Mines is the recent author of a Lawfare piece on the subject, and they talked through the history of the problem, the history of Defense Department efforts to fix it and where the department is still coming up short.2025-01-0448 min

The Lawfare PodcastLawfare Daily: Ask Us Anything About 2024It's time for Lawfare's annual "Ask Us Anything" podcast.You called in with your questions, and Lawfare contributors have answers! Benjamin Wittes, Kevin Frazier, Quinta Jurecic, Eugenia Lostri, Alan Rozenshtein, Scott R. Anderson, Natalie Orpett, Amelia Wilson, Anna Bower, and Roger Parloff addressed questions on everything from presidential pardons to the risks of AI to the domestic deployment of the military.Thank you for your questions. And as always, thank you for listening.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a...2025-01-021h 15

The Lawfare PodcastLawfare Archive: The Justice Department, Congress and the PressFrom June 15, 2021: A spree of stories has emerged over the last week or so that the Justice Department under the prior administration obtained phone and email records of several journalists, several members of Congress and staffers, and even family members. It has provoked a mini scandal, calls for investigation, howls of rage and serious questions. To discuss it all, Benjamin Wittes sat down with Gabe Rottman of the Reporters Committee for Freedom of the Press, former FBI agent Pete Strzok, Lawfare senior editor Quinta Jurecic and Berkeley law professor and Lawfare contributing editor Orin Kerr. They talked about what we...2024-12-2148 min

The Lawfare PodcastLawfare Daily: Susan Landau and Alan Rozenshtein Debate End-to-End Encryption (Again!)In response to the compromise of telecommunication companies by the Chinese hacker group Salt Typhoon, senior officials from the FBI and CISA recommended that American citizens use encrypted messaging apps to minimize the chances of their communications being intercepted. This marks a departure in law enforcement’s position on the use of encrypted communications. Susan Landau, Professor of Cyber Security and Policy in Computer Science at Tufts University, and Alan Rozenshtein, Associate Professor of Law at the University of Minnesota Law School and Research Director and Senior Editor at Lawfare, sat down with Lawfare Senior Editor Eugenia Los...2024-12-1851 min

The Lawfare PodcastLawfare Daily: Understanding the DC Circuit Court's Decision on TikTokAt a virtual panel conversation co-hosted by Lawfare and NYU's Center for Technology Policy, center Director Scott Brennen moderated a conversation between Lawfare Senior Editor and University of Minnesota law professor Alan Rozenshtein, University of North Carolina law professor Mary-Rose Papandrea, and Georgetown law professor Anupam Chander, about the recent D.C. Circuit decision upholding the TikTok divestment-or-ban law and what that means for the future of both TikTok and the First Amendment.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https...2024-12-1356 min

The Lawfare PodcastLawfare Daily: Pro-Democracy Protests in GeorgiaOn November 28, Georgia Prime Minister Irakli Kobakhidze announced that he was suspending Georgia’s accession process to the European Union. In the weeks since, thousands of protestors have demonstrated in the capital city, Tbilisi, and across the country. Lawfare Associate Editor for Communications Anna Hickey sat down with Dr. Beka Kobakhidze, Professor and Co-chair of MA Program in Modern History of Georgia at Ilia State University, to discuss the protests, Russia’s growing influence in the country and the broader region, and the violence the government has used to crack down on the protests.To receiv...2024-12-1241 min

The Lawfare PodcastLawfare Daily: Ukrainian Lawmaker on Why Ukraine Must Export Its WeaponsUkraine’s defense industry has grown substantially after Russia’s full-scale invasion. But it also suffered from a huge domestic burden—a ban on arms exports, which forced companies to close down or relocate abroad. Ukrainian lawmaker Halyna Yanchenko sits down with Lawfare Ukraine Fellow Anastasiia Lapatina to explain why exporting Ukrainian weapons will benefit Ukraine and global security.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare.2024-12-1127 min

The Lawfare PodcastLawfare Daily: Kevin Xu on the State of the AI Arms Race Between the U.S. and ChinaKevin Xu, founder of Interconnected Capital and author of the Interconnected newsletter, joins Kevin Frazier, Senior Research Fellow in the Constitutional Studies Program at the University of Texas at Austin and a Tarbell Fellow at Lawfare, to analyze China’s AI ambitions, its current AI capacities, and the likely effect of updated export controls on the nation’s AI efforts. The two pay particular attention to the different AI development strategies being deployed by the U.S. and China and how those differences reflect the AI priorities of the respective nations.To receive ad-free podcasts, become a Lawfare ...2024-12-0942 min

The Lawfare PodcastLawfare Daily: Joel Braunold on What Donald Trump's Return Might Mean for the Israeli-Palestinian ConflictFor today’s podcast, Lawfare General Counsel and Senior Editor Scott R. Anderson sat down with Joel Braunold, Managing Director of the S. Daniel Abraham Center for Middle East Peace, for the latest in their series of podcast conversations on aspects of the Israeli-Palestinian conflict. This time, they focused on what might be one of the most consequential developments in recent memory: Donald Trump’s return to the White House.They discussed who seems likely to steer policy toward the conflict in the incoming Trump administration, how the approach may differ from Trump’s last stint in the Wh...2024-12-061h 02

The Lawfare PodcastLawfare Daily: Turmoil in South KoreaLawfare Editor-in-Chief Benjamin Wittes sits down with Andrew Yeo, Senior Fellow in the Foreign Policy Program and SK-Korea Foundation Chair of the Center for Asia Policy Studies at the Brookings Institution, to talk about the current turmoil in South Korea. Within about 48 hours, there was a declaration of martial law, the National Assembly convened to rescind the declaration of martial law, South Korean President Yoon Suk Yeol accepted it, and now he faces impeachment. Yeo breaks down what’s going on and what it all might mean for the future of U.S.-South Korea relations in a second Tr...2024-12-0537 min

The Lawfare PodcastLawfare Daily: A Ukraine Update with Eric Ciaramella and Anastasiia LapatinaDespite the Russian launch of a new ballistic missile against Ukraine, the ATACMS not being a game-changer, and a front that is eroding in several key areas, Ukrainians are actually optimistic about the incoming Trump administration. Lawfare Editor-in-Chief Benjamin Wittes sits down with Lawfare Ukraine Fellow Anastasiia Lapatina and Eric Ciaramella of the Carnegie Endowment for International Peace to talk about all of these issues and more.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.S...2024-11-2945 min

The Lawfare PodcastLawfare Daily: Deploying the Military at the Southern Border, with Chris MirasolaLawfare Editor-in-Chief Benjamin Wittes sits down with Chris Mirasola, Assistant Professor of Law at the University of Houston Law Center, to discuss the legal and practical considerations surrounding a president’s ability to deploy the military at the U.S. southern border, particularly in light of President-elect Trump’s recent endorsement of “declar[ing] a national emergency” in order to “use military assets” for “a mass deportation program.” They discuss the implications of a national emergency declaration for immigration enforcement, the existing legal framework and historical context, and concerns about using the National Guard in a law enforcement function. They also talk a...2024-11-2641 min

The Lawfare PodcastLawfare Daily: AI Regulation and Free Speech: Navigating the Government’s TightropeAt a recent conference co-hosted by Lawfare and the Georgetown Institute for Law and Technology, Georgetown law professor Paul Ohm moderated a conversation on "AI Regulation and Free Speech: Navigating the Government’s Tightrope,” between Lawfare Senior Editor Alan Rozenshtein, Fordham law professor Chinny Sharma, and Eugene Volokh, a senior fellow at Stanford University's Hoover Institution.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted...2024-11-251h 22

The Lawfare PodcastLawfare Daily: President-elect Trump's National Security AppointmentsLawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editors Scott Anderson, Alan Rozenshtein, and Quinta Jurecic and Executive Director of the Institute for Constitutional Advocacy and Protection Mary McCord about Donald Trump's picks for his Cabinet and senior-level administration positions, including Matt Gaetz as attorney general and Pete Hegseth as secretary of defense, the possibility of Trump using the recess appointment power, and more.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support t...2024-11-161h 07

The Lawfare PodcastLawfare Daily: Congress After the 2024 ElectionsLawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editors Molly Reynolds and Quinta Jurecic to discuss how Congress may change given the results of the 2024 election, what congressional oversight might look like during President-elect Donald Trump’s second term, how Congress will work with Trump’s administration, and more in a live recording on Lawfare’s YouTube channel.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare.2024-11-091h 10

The Lawfare PodcastLawfare Daily: The New Program to Protect Americans' Bulk Data from Foreign Exploitation, with DOJ's Devin DeBackerToday, Lawfare General Counsel and Senior Editor Scott R. Anderson and Lawfare Contributing Editor Brandon Van Grack sat down with Devin DeBacker, the Chief of the Foreign Investment Review Section at the U.S. Department of Justice, to talk about the new program his office is setting up regulating foreign transactions involving bulk data on Americans.Together, they discussed the contours of the new regulatory program, what sorts of exploitation of Americans’ data it aims to prevent, and how it intersects with other steps Congress has taken, including the recent Protecting Americans’ Data from Foreign Adversaries Act.2024-11-0849 min

Rational SecurityLawfare Daily: What Does a Second Trump Term Look Like?On Tuesday, November 5, former President Trump won the 2024 presidential election, becoming the second president to win a non-consecutive second term. Our team has been hard at work analyzing the fallout, but doing so has left us a little tight on time to record our usual weekly episode. So in lieu of Rational Security this week, we're bringing you a conversation in which Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editors Alan Rozenshtein, Scott R. Anderson, Anna Bower, and Quinta Jurecic to discuss what happens now. They talk about what a second Trump administration may bring and what to...2024-11-071h 09

The Lawfare PodcastLawfare Daily: What Does a Second Trump Term Look Like?On Tuesday, November 5, former President Trump won the 2024 presidential election, becoming the second president to win a non-consecutive second term. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editors Alan Rozenshtein, Scott R. Anderson, Anna Bower, and Quinta Jurecic to discuss what happens now. They talk about what a second Trump administration may bring and what to keep an eye out for during the transition in a live recording on Lawfare’s YouTube channel.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time dona...2024-11-071h 08

The Lawfare PodcastLawfare Daily: The Dangers of Deploying the Military on U.S. SoilFor today’s special episode, Lawfare General Counsel and Senior Editor Scott R. Anderson held a series of conversations with contributors to a special series of articles on “The Dangers of Deploying the Military on U.S. Soil” that Lawfare recently published on its website, in coordination with our friends at Protect Democracy.Participants include: Alex Tausanovitch, Policy Advocate at Protect Democracy; Laura Dickinson, a Professor at George Washington University Law School; Joseph Nunn, Counsel in the Liberty and National Security Program at the Brennan Center; Chris Mirasola, an Assistant Professor at the University of Houston Law Center...2024-11-061h 33

The Lawfare PodcastLawfare Daily: David Clements, the Evangelist of Election Refusal, with Anna Bower and Ben WittesLawfare Senior Editor Anna Bower and Editor-in-Chief Benjamin Wittes sit down with Senior Editor Roger Parloff to discuss David Clements, who has led religiously inspired "trainings" across the U.S. teaching citizens how to stop local election officials from certifying elections the trainees consider fraudulent. Anna describes a training she attended, and Ben discusses, and plays clips from, his two-hour interview with Clements. You can read more about this story in the new Lawfare article, "David Clements: The Evangelist of Election Refusal," which includes audio of the full two-hour interview between Ben and Clements.To r...2024-11-0152 min

The Lawfare PodcastLawfare Daily: David Kris on Data Proxies for Clients of Cloud Service ProvidersAlan Rozenshtein, Associate Professor at the University of Minnesota Law School and Senior Editor at Lawfare, sits down with David Kris, founder of Culper Partners and the former Assistant Attorney General for National Security in the Obama administration, to talk about a new paper that David has published as part of Lawfare's ongoing Digital Social Contract series, entitled "A Data Proxy for Clients of Cloud Service Providers.”Kris argues that cloud storage offers significant benefits for security and efficiency, but many organizations may be hesitant to adopt it due to the risk of secret disclosure: the practice by...2024-10-2947 min

The Lawfare PodcastLawfare Daily: Zelensky’s Victory Plan, with Anastasiia Lapatina and Eric CiaramellaFollowing Ukrainian President Volodymyr Zelensky’s speech to the Ukrainian Parliament outlining his victory plan, Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Ukraine Fellow Anastasiia Lapatina and Eric Ciaramella of the Carnegie Endowment for International Peace. They talked about the components of the plan, the reaction from the United States and other allies, and what the plan says about the state of Ukraine's war effort.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support...2024-10-1842 min

The Lawfare PodcastLawfare Daily: Making Sense of the Doppelganger Disinformation Operation, with Thomas RidIn early September, the U.S. Justice Department released a trove of information about the Russian influence campaign known as “Doppelganger”—a Kremlin-backed effort that created faux versions of familiar news websites and seeding them with fake material. Just a few weeks later, the German publication Süddeutsche Zeitung reported that it had received a tranche of hacked materials from inside the Doppelganger operation. Thomas Rid, a professor at Johns Hopkins University’s School of Advanced International Studies and the founding director of the school’s Alperovitch Institute for Cybersecurity Studies, got an inside look at those documents. In...2024-10-1655 min

The Lawfare PodcastLawfare Daily: AI and Antitrust Law with David LawrenceWhat are the antitrust implications of AI systems? At a recent conference co-hosted by Lawfare and the Georgetown Institute for Law and Technology, Lawfare Senior Editor Alan Rozenshtein sat down with David Lawrence, the Policy Director at the the Department of Justice's Antitrust Division to talk about how competition law applies to the makers and users of AI models.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfa...2024-10-1557 min

The Lawfare PodcastLawfare Daily: How the FCC is Tackling National Security with Enforcement Bureau Chief Loyaan EgalFor today’s episode, Loyaan Egal, the Chief of the Enforcement Bureau at the Federal Communications Commission (“FCC”), sat down with Lawfare Senior Editor and General Counsel Scott R. Anderson and Lawfare Contributing Editor and Morrison Foerster partner Brandon Van Grack to discuss the FCC’s growing but often underappreciated role in advancing U.S. national security. They covered how the FCC’s mandate intersects with U.S. national security concerns, how the FCC is tackling cutting-edge issues ranging from undersea cables to artificial intelligence-enabled election interference, and what other national security challenges the FCC is looking out for on...2024-10-0954 min

The Lawfare PodcastLawfare Daily: Hezbollah, Lebanon, Israel, IranIsrael has hit Hezbollah very hard over the past few days, killing much of its senior leadership and eroding its capabilities. It has also displaced hundreds of thousands of Lebanese and now has ground forces in Lebanon. Iran has responded with a missile barrage against Israel, to which an Israeli response is widely expected. To discuss the latest events in the expanding war, Lawfare's Editor-in-Chief Benjamin Wittes sat down with Firas Maksad of the Middle East Institute, Natan Sachs of the Brookings Institution, and Lawfare Senior Editor Scott R. Anderson.To receive ad-free podcasts, become a Lawfare Ma...2024-10-0255 min

The Lawfare PodcastLawfare Daily: Steve Coll on Saddam Hussein and the Limits of American Power in the Middle EastSteve Coll’s latest book, “The Achilles Trap: Saddam Hussein, the C.I.A., and the Origins of America’s Invasion of Iraq,” seeks to explain why Saddam Hussein would put his regime at risk over weapons of mass destruction (WMD) that didn’t exist. Saddam ultimately lost his regime, and his life, in part because he saw America as an omniscient puppeteer seeking to dominate the Middle East. The United States put thousands of troops in harm’s way in pursuit of a rogue WMD program that turned out to be a fiction. Were these outcomes inevitable?Lawfare Stud...2024-09-2657 min

The Lawfare PodcastLawfare Archive: The Soleimani Strike Two Years LaterFrom: January 5, 2022: Two years ago this week, the head of the Quds Force of the Iranian Revolutionary Guard, Qassem Soleimani, was killed in an American strike. At the time, we convened a group of Brookings and Lawfare experts to talk about the potential benefits and risks of the strike, and two years later, we got the gang back together. Benjamin Wittes sat down with Suzanne Maloney, the head of Foreign Policy program at Brookings and an Iran specialist; Dan Byman, terrorism expert, Middle East scholar and Lawfare’s foreign policy editor; and Scott R. Anderson, Lawfare senior editor and Brookings...2024-09-2251 min

The Lawfare PodcastLawfare Daily: Jane Bambauer, Ramya Krishnan, and Alan Rozenshtein on the Constitutionality of the TikTok BillJane Bambauer, Professor at Levin College of Law; Ramya Krishnan, Senior Staff Attorney at the Knight First Amendment Institute and a lecturer in law at Columbia Law School; Alan Rozenshtein, Associate Professor of Law at the University of Minnesota Law School and a Senior Editor at Lawfare, join Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare, to break down the D.C. Circuit Court of Appeals’ hearing in TikTok v. Garland, in which a panel of judges assessed the constitutionality of the TikTok bill.To receive ad-free podcasts, bec...2024-09-1841 min

The Lawfare PodcastLawfare Daily: National Security and the 2024 ElectionIn a live recording on September 10, Lawfare Editor-in-Chief Benjamin Wittes moderated a panel discussion featuring Lawfare Senior Editor and Brookings Fellow Scott R. Anderson, Co-Founder and Chairman of Silverado Policy Accelerator Dmitri Alperovitch, American Enterprise Institute Senior Fellow Kori Schake, and the Center for Middle East Policy Director and Brookings Senior Fellow Natan Sachs. They discussed Harris’s policy positions on U.S. military and economic aid to Ukraine, the Israel-Gaza War, NATO, and aid to Taiwan. This was the first panel in Lawfare's new livestream series, Lawfare Live: National Security and the 2024 Election. The next panel will be on Sept. 24...2024-09-141h 39

The Lawfare PodcastLawfare Daily: Securing Open Source Software, with John Speed Meyers and Paul GibertLawfare Fellow in Technology Policy and Law Eugenia Lostri sits down with John Speed Meyers, head of Chainguard Labs, and Paul Gibert, a research scientist at Chainguard Labs to talk about the distinct challenges of securing open source software (OSS). They discuss what sorts of harms OSS compromises can lead to, how Log4J opened a political window for action on OSS security, and how the software liability debate affects OSS developers.Meyers and Gibert authored a Lawfare article questioning the conventional wisdom on how software liability could deal with OSS.To receive ad-free podcasts, bec...2024-09-0947 min

The Lawfare PodcastLawfare Daily: Kevin Frazier on Prioritizing AI ResearchAssociate Professor at the University of Minnesota Law School and Lawfare Senior Editor Alan Rozenshtein sits down with Kevin Frazier, Assistant Professor of Law at St. Thomas University College of Law, Co-Director of the Center for Law and AI Risk, and a Tarbell Fellow at Lawfare. They discuss a new paper that Kevin has published as part of Lawfare’s ongoing Digital Social Contract paper series titled “Prioritizing International AI Research, Not Regulations.”Frazier sheds light on the current state of AI regulation, noting that it's still in its early stages and is often under-theorized and under-enforced. He und...2024-09-0332 min

The Lawfare PodcastLawfare Archive: Why the First Amendment Doesn’t Protect Trump’s Jan. 6 SpeechFrom October 28, 2022: There's been a lot of discussion about whether Donald Trump should be indicted. Lately, that discussion has focused on the documents the FBI seized from Mar-a-lago or the Jan. 6 committee's revelations about his efforts to overturn the 2020 election. But what about his speech on the ellipse on Jan. 6 when he told a crowd of thousands to “fight like hell,” and they went on to attack the Capitol? Isn't that incitement?Lawfare executive editor Natalie Orpett sat down with Alan Rozenshtein, a senior editor at Lawfare and an associate professor at the University of Minnesota Law School...2024-09-0243 min

The Lawfare PodcastLawfare Daily: Trump’s Trials and Tribulations, Trump Re-Indicted in the Jan. 6 CaseThis episode of “Trump's Trials and Tribulations,” was recorded on August 28 in front of a live audience on YouTube and Zoom.Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Senior Editors Anna Bower, Quinta Jurecic, and Roger Parloff about Special Counsel Jack Smith’s superseding indictment against former President Trump in the Jan. 6 prosecution, how it differs from the original indictment, and more.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://sup...2024-08-2954 min

The Lawfare PodcastLawfare Daily: The New Outbound Investment Regime with Assistant Treasury Secretary Paul RosenFor today’s episode, Lawfare Senior Editor Scott R. Anderson and Lawfare Contributing Editor Brandon Van Grack sat down with Assistant Secretary of the Treasury for Investment Security Paul Rosen to talk through the groundbreaking new national security-related outbound investment regulations his office is preparing at the direction of President Biden. Together, they discussed what concerns motivated the new regulations’ focus on China and emerging technologies, what exactly they restrict, and how U.S. investors should be preparing to navigate them. They also touched on some recent news regarding Committee on Foreign Investment in the United States (CFIUS) e...2024-08-2041 min

The Lawfare PodcastLawfare Daily: Eugenia Lostri and Justin Sherman on Security by Design in PracticeAs part of Lawfare’s Security by Design Project, Eugenia Lostri, Lawfare’s Fellow in Technology Policy and Law, and Justin Sherman, CEO of Global Cyber Strategies, published a new paper, “Security by Design in Practice: Assessing Concepts, Definitions and Approaches.” Lawfare Senior Editor Stephanie Pell talked with Eugenia and Justin about the paper’s exploration of the meaning of security by design, scalability solutions and processes for implementing security by design principles across an organization, and the need to engender a corporate culture that values security.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/law...2024-08-1952 min

The Lawfare PodcastLawfare Daily: Chris Hoofnagle on the Theory, History, and Future of CybersecurityChris Hoofnagle, Visiting Senior Research Fellow at King’s College and Professor of Law in Residence at the UC Berkeley School of Law, joins Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare, and Eugenia Lostri, Lawfare's Fellow in Technology Policy and Law, to discuss ALL things cybersecurity—its theory, history, and future. Much of their conversation turns on themes expressed in Hoofnagle’s textbook, “Cybersecurity in Context,” that he co-authored with Golden G. Richard III. The trio also explore related concepts such as the need for an interdisciplinary approach to teaching an...2024-08-1538 min

The Lawfare PodcastLawfare Daily: Ukraine Invades RussiaOver the past week, Ukrainian forces have launched a major incursion into Russia proper, occupying 1,000 square kilometers in Kursk Oblast, which borders Ukraine. The operation, which caught both Russia and the United States by surprise, is the first major Ukrainian offensive in more than a year. In this episode, Lawfare Editor-in-Chief Benjamin Wittes sits down with Lawfare's Ukraine Fellow Anastasiia Lapatina and Eric Ciaramella of the Carnegie Endowment for International Peace to discuss the operation. What do we know amidst the Ukrainian media blackout? What is Ukraine trying to achieve militarily? How will the Kursk operation affect the other...2024-08-141h 13

The Lawfare PodcastLawfare Daily: A Giant and Unexpected Prisoner SwapOn Thursday, Russia released 16 prisoners in exchange for eight prisoners held in Western countries, including the United States. The prisoners released by the Putin regime included several Americans, most notably Evan Gershkovich of the Wall Street Journal and two other journalists, and long-time prisoner Paul Whelan. Shane Harris of the Washington Post, who covered the story, and Lawfare's Fellow in Technology Policy and Law Eugenia Lostri, joined Lawfare Editor-in-Chief Benjamin Wittes to discuss the exchange: what the United States got from Russia, what Russia got from Germany and other Western countries, and the personal involvement of President Biden in...2024-08-0245 min

The Lawfare PodcastLawfare Daily: What the Immunity Decision Says About Proving the Case Against TrumpLawfare Executive Editor Natalie Orpett sat down with Editor-in-Chief Benjamin Wittes and Legal Fellow Anna Bower to discuss their recent Lawfare article, “What’s Going On in Footnote 3?” The article looks at a very specific issue buried in the Supreme Court's recent decision in Trump v. United States, or “the presidential immunity case”: what evidence the prosecution can use—and what it can't—to prove its case. Natalie, Ben, and Anna talked about what footnote 3 says, the many questions it raises, and what it all means for the future of Special Counsel Jack Smith's Jan. 6 case against Donald Trump. To receive ad...2024-07-2947 min

The Lawfare PodcastLawfare Daily: Cullen O’Keefe on "Chips for Peace”—AI Supply Chain GovernanceCullen O’Keefe, Research Director at the Institute for Law and AI, joins Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare, to discuss a novel AI governance framework. The two analyze Cullen’s recent Lawfare essay in which he details how regulation of AI supply chains by the U.S. and its allies could promote the safe development of AI. Their conversation also explores the feasibility of this and related governance proposals amid geopolitical turbulence and congressional stagnation. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreo...2024-07-2643 min

The Lawfare PodcastLawfare Daily: AI Policy Under Technological Uncertainty, with Alex “amac” MacgillivrayAlan Rozenshtein, Associate Professor at the University of Minnesota Law School and Senior Editor at Lawfare, and Matt Perault, the Director of the Center on Technology Policy at the University of North Carolina at Chapel Hill, sat down with Alexander Macgillivray, known to all as "amac," who was the former Principle Deputy Chief Technology Officer of the United States in the Biden Administration and General Counsel at Twitter.amac recently wrote a piece for Lawfare about making AI policy in a world of technological uncertainty, and Matt and Alan talked to him about how to do just th...2024-07-2339 min

The Lawfare PodcastLawfare Daily: A Busy Few Weeks in UkraineOver the last two weeks, the Russians have bombed a children’s hospital in Kyiv, Hungarian leader Viktor Orbán has been on an international peace mission, the NATO summit has taken place in Washington, and Ukrainian forces have continued to struggle to hold territory. To go over a busy few weeks, Lawfare Editor-in-Chief Benjamin Wittes sat down with Anastasiia Lapatina, Lawfare’s Kyiv fellow, and Eric Ciaramella of the Carnegie Endowment for International Peace.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time d...2024-07-2248 min

The Lawfare PodcastLawfare Daily: Judge Cannon Dismisses Classified Documents Case Against TrumpOn July 15, Judge Cannon granted former President Trump’s motion to dismiss the indictment brought by Special Counsel Jack Smith for the alleged mishandling of classified documents. She found that Smith was appointed as a special counsel in violation of the Appointments Clause of the Constitution.In a live podcast recording, Lawfare Editor-in-Chief Benjamin Wittes talked to Lawfare Executive Editor Natalie Orpett, Legal Fellow and Courts Correspondent Anna Bower, Senior Editors Alan Rozenshtein and Quinta Jurecic, and Columbia Law professor Michel Paradis about Judge Cannon's decision, what Special Counsel Jack Smith may do next, how the Eleventh Circuit ma...2024-07-1657 min

The Lawfare PodcastLawfare Daily: The Supreme Court Takes the Bait: Loper Bright and the Future of Chevron DeferenceAlan Rozenshtein, Associate Professor of Law at the University of Minnesota Law School and Senior Editor at Lawfare, and Molly Reynolds, Senior Fellow at the Brookings Institution and Senior Editor at Lawfare, spoke with Bridget Dooling, Assistant Professor of Law at The Ohio State University Moritz College of Law, and Nick Bednar, Associate Professor of Law at the University of Minnesota Law School, about the Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo, which overruled the decades-long Chevron doctrine that required courts to defer to reasonable interpretations of their statutes.To receive ad-free podcasts, become a Law...2024-07-1251 min

The Lawfare PodcastLawfare Daily: David Rubenstein, Dean Ball, and Alan Rozenshtein on AI FederalismAlan Rozenshtein, Associate Professor of Law at the University of Minnesota Law School and a Senior Editor at Lawfare; David Rubenstein, James R. Ahrens Chair in Constitutional Law and Director of the Robert J. Dole Center for Law and Government at Washburn University School of Law; and Dean Ball, Research Fellow at George Mason University's Mercatus Center, join Kevin Frazier, a Tarbell Fellow at Lawfare, to discuss a novel and wide-reaching AI bill, SB 1047, pending before the California State Assembly and AI regulation more generally.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com...2024-07-0545 min

The Lawfare PodcastLawfare Archive: Seamus Hughes and Alan Rozenshtein on the January 6 ChargesFrom March 22, 2021: Benjamin Wittes sat down on Lawfare Live with Seamus Hughes, the deputy director of the Program on Extremism at George Washington University, and Alan Rozenshtein, a Lawfare senior editor and professor at the University of Minnesota Law School, to talk about the group of cases that have been filed in connection with the January 6 riot and insurrection. They talked about the database that Hughes is building and maintaining of cases, defendants and charges filed in connection with January 6; the pattern of charges; what the picture looks like so far; if it is likely to get closer to th...2024-07-0452 min

The Lawfare PodcastLawfare Daily: Anupam Chander, Kyle Langvhardt, and Alan Rozenshtein on the Supreme Court's Decision in Moody v. NetChoiceAnupam Chander, Scott Ginsburg Professor of Law and Technology at Georgetown Law; Kyle Langvhardt, Assistant Professor at the Nebraska College of Law; and Alan Rozenshtein, Senior Editor at Lawfare and Associate Professor at Minnesota Law, join Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare, to discuss the Supreme Court's decision in Moody v. NetChoice. The conversation dives into the weeds of a complex opinion that includes several concurrences and a lot of open questions. You can expect many podcasts and many more law review articles breaking down the ramifications of this...2024-07-0352 min

The Lawfare PodcastLawfare Daily: The Supreme Court Rules in Fischer v. United StatesOn June 28, the Supreme Court released its opinion in Fischer v. U.S., narrowing the interpretation of an obstruction statute, 18 U.S.C. § 1512(c)(2), used by the Department of Justice to charge over 300 Jan. 6 defendants, including former President Trump.Lawfare Editor-in-Chief Benjamin Wittes talked to Lawfare Senior Editors Quinta Jurecic and Roger Parloff about the decision, what happens to the Jan. 6 defendants charged with § 1512(c)(2), and how this ruling affects Special Counsel Jack Smith’s case against former President Trump.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also supp...2024-07-0151 min

The Lawfare PodcastLawfare Daily: Open Banking and the Benefits of Interoperability with Alexander Rigby and Chinmayi SharmaJust months after many of the mandates in the European Union's Digital Markets Act (DMA) have gone into effect, interoperability and data portability are fresh on the policy world’s mind. But what does the history of interoperability suggest about its ability to help the Internet regain its former openness?Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare, spoke with Alexander Rigby, a law clerk on Delaware Court of Chancery, and Chinmayi Sharma, Associate Professor at Fordham Law School. They've just published a new white paper in Lawfare's ongoing Digital...2024-06-2442 min

The Lawfare PodcastLawfare Daily: A Big Week for Ukraine Agreements with Eric Ciaramella, Anastasiia Lapatina, and Scott R. AndersonFor today's episode, Lawfare Editor-in-Chief Benjamin Wittes sat down to discuss the various Ukraine-related agreements that came out of the G7 and subsequent Ukraine peace summit last week, with Contributing Editor and Carnegie Endowment for International Peace Senior Fellow Eric Ciaramella, Ukrainian journalist Anastasiia Lapatina, and Lawfare Senior Editor and Brookings Institution Fellow Scott R. Anderson.They discussed the joint communique that came out of the Ukraine peace summit (and those who didn't join it), the new U.S.-Ukraine security agreement, the G7's new funding mechanism for Ukraine assistance, and what it all means for the s...2024-06-211h 04

The Lawfare PodcastLawfare Daily: What Can Be Done to Improve Cloud Security with Maia Hamin, Trey Herr, and Marc RogersThe Cyber Safety Review Board’s (CSRB) report on the Summer 2023 Microsoft Exchange online intrusion sheds light on how a series of flaws in Microsoft’s cloud infrastructure and security processes allowed a hacking group associated with the People’s Republic of China (PRC) to strike the “equivalent of gold” in accessing the official email accounts of many of the most senior U.S. government officials managing the U.S. government’s relationship with the PRC. Lawfare Senior Editor Stephanie Pell sat down Maia Hamin, Associate Director with the Atlantic Council’s Cyber Statecraft Initiative; Trey Herr, Assistant Professor of cybersecurity a...2024-06-2057 min

The Lawfare PodcastLawfare Daily: Is Complying with the Law of War a Defense to Genocide?On today’s episode, Lawfare General Counsel and Senior Editor Scott R. Anderson sat down with Gabor Rona, Professor of Practice at Cardozo Law, and Natalie Orpett, Lawfare’s Executive Editor, to discuss their recent Lawfare piece examining whether a state pursuing an armed conflict in compliance with international humanitarian law could nonetheless violate the Genocide Convention. They discussed how these two areas of law intersect, their relevance to the ongoing proceedings over Israel’s conduct in Gaza before the International Court of Justice, and what the questions their analysis raises might mean for the future of accountability for genocide.2024-06-1353 min

The Lawfare PodcastLawfare Daily: Behind the Scenes of Lawfare's Trump New York Trial CoverageThe first criminal trial of a former president of the United States began in April and reached a verdict on May 30. As Lawfare readers and listeners know, we covered the trial in great detail. Normally based in Washington, D.C., we opened a temporary “bureau” in New York City so that we could report on each and every day of the proceedings from inside the courtroom. We produced written and oral dispatches every day on top of our usual deep-dive analysis of the legal issues at stake. So we’ve talked a lot about the trial itself. This time, we’re ta...2024-06-1148 min

The Lawfare PodcastLawfare Daily: Eisenhower, D-Day, and the Birth of the American Superpower with Michel ParadisThis episode, Lawfare Senior Editor Scott R. Anderson sat down with author, attorney, legal scholar, and Lawfare Contributing Editor Michel Paradis to discuss the 80th anniversary of D-Day and his new book, “The Light of Battle: Eisenhower, D-Day, and the Birth of the American Superpower.”They discussed understudied aspects of Eisenhower’s unique personal and professional history, how they prepared him for leading what would become the Allied invasion of Europe, and how his actions set the stage for much of the 20th century that would follow.To receive ad-free podcasts, become a Lawfare Material Supporter a...2024-06-041h 00

The Lawfare PodcastLawfare Daily: Former FCC Chair Tom Wheeler on AI RegulationFormer FCC Chair Tom Wheeler joins Lawfare Tarbell Fellow Kevin Frazier and Lawfare Senior Editor Alan Rozenshtein to discuss the latest developments in AI governance. Building off his book, “Techlash: Who Makes the Rules in the Digital Gilded Age?” Wheeler makes the case for a more agile approach to regulating AI and other emerging technology. This approach would likely require the creation of a new agency. Wheeler points out that current agencies lack the culture, structure, and personnel required to move at the speed of new technologies. He also explores the pros and cons of the Bipartisan Senate AI Worki...2024-05-3042 min

The Lawfare PodcastLawfare Daily: The EU Parliamentary Elections and What’s Ahead with Molly Reynolds, Tara Varma, and Sophie RoehseBetween June 6–9, voters across the EU’s member states will go to the polls to select members of the European Parliament. For today’s episode, Brookings Senior Fellow and Lawfare Senior Editor Molly Reynolds chatted with Tara Varma, Visiting Fellow, and Sophie Roehse, Senior Research Assistant, both of the Center for the United States and Europe at Brookings, to discuss these elections, what they mean for European politics, and how they might affect key issues also facing the U.S., including the war in Ukraine, relations with China, and how to handle asylum seekers.For further reading and li...2024-05-2842 min

The Lawfare PodcastLawfare Daily: How to Protect Undersea Cables with Kevin FrazierUndersea cables carry more than 95 percent of the world’s digital traffic. The system of cables is vulnerable to a range of threats, from fishing accidents and acts of nature to tampering from state actors. To discuss how to best protect this critical infrastructure, Lawfare's Fellow in Technology Policy and Law, Eugenia Lostri, talked with Kevin Frazier Assistant Professor at St. Thomas University College of Law and Lawfare's Tarbell Fellow. They talked about the different types of threats to undersea cables, the importance of redundancy, and what's in the way of policy solutions.To receive ad-free podcasts, be...2024-05-2444 min

The Lawfare PodcastLawfare Daily: Peter Salib on AI Self-ImprovementIn foundational accounts of AI risk, the prospect of AI self-improvement looms large. The idea is simple. For any capable, goal-seeking system, the system’s goal will be more readily achieved if the system first makes itself even more capable. Having become somewhat more capable, the system will be able to improve itself again. And so on, possibly generating a rapid explosion of AI capabilities, resulting in systems that humans cannot hope to control.Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare, spoke with Peter Salib, who is less wo...2024-05-2046 min

The Lawfare PodcastLawfare Daily: Pablo Chavez on Digital SolidarityThe recently released International Cyberspace and Digital Strategy focuses on building digital solidarity as an alternative to digital sovereignty policies. Lawfare's Fellow in Technology Policy and Law, Eugenia Lostri, spoke with Pablo Chavez, Adjunct Senior Fellow with the Center for a New American Security’s Technology and National Security Program. Pablo first promoted the idea of digital solidarity in a Lawfare article in 2022. They talked about the range of policies that can fall under the digital sovereignty category, how digital solidarity offers an alternative position, and the evolution of the term from his 2022 article to the international strategy....2024-05-1747 min

The Lawfare PodcastLawfare Daily: Trump Trials and Tribulations Weekly Round-up (May 15, 2024)This episode of “Trump's Trials and Tribulations,” was recorded on May 15 in front of a live audience on YouTube and Zoom. Lawfare Editor-in-Chief Benjamin Wittes talked to Lawfare Senior Editor Roger Parloff, Managing Editor Tyler McBrien, and Legal Fellow and Courts Correspondent Anna Bower about the lack of action in Fulton County, the Southern District of Florida and D.C. They then took a deep dive into the New York City Trump trial and looked ahead to whether there are witnesses left in the case. And of course they took audience questions from Lawfare Material Supporters on Zoom.T...2024-05-161h 02

The Lawfare PodcastLawfare Daily: What Happened to the Fake Electors?After the 2020 Presidential Election, a plan was hatched in seven swing states that had voted for Joe Biden. Lawsuits challenging the election outcomes in those states continued to fail, but this plan attempted to find another path to keep Trump in office—using the Electoral College process. The idea was to create slates of electors for Trump that would oppose the duly-elected Biden electors, and to send those slates of electors to DC to be counted on Jan. 6. Then, Vice President Mike Pence was supposed to either choose the Trump electors, thereby overturning the 2020 election results, or kick the co...2024-05-1545 min

The Lawfare PodcastLawfare Daily: Trump Trials and Tribulations Weekly Round-up (May 8, 2024)This episode of “Trump's Trials and Tribulations,” was recorded on May 8 in front of a live audience on YouTube and Zoom. Lawfare Editor-in-Chief Benjamin Wittes talked to Lawfare Senior Editor Roger Parloff, Managing Editor Tyler McBrien, and Legal Fellow and Courts Correspondent Anna Bower about Judge Cannon’s order suspending the trial start date of May 20 in the classified documents case, the Georgia Court of Appeals decision to hear former President Trump and his co-defendants’ appeal of Judge McAfee’s decision keeping DA Fani Willis on the case, and more. And of course they took audience questions from Lawfare Material Supporters...2024-05-091h 11

The Lawfare PodcastLawfare Daily: How Congress Passed the National Security Package with Molly ReynoldsOn April 24, President Joe Biden signed the National Security Package into law. It's a bundle of legislation that provides aid to Ukraine, Israel, and Taiwan and requires TikTok's Chinese parent company to divest from the app or face a national ban, among various other provisions. Lawfare Associate Editor Katherine Pompilio sat down with Lawfare Senior Editor Molly Reynolds to unpack what exactly is in the package and explore the legislation’s journey through Congress. They talked about the group of hardline Republicans that blocked the legislation in the House, how Speaker Mike Johnson had to rely on the he...2024-04-3049 min

The Lawfare PodcastLawfare Daily: Presidential Immunity at the Supreme CourtIn today's Lawfare Podcast, Lawfare Executive Editor Natalie Orpett sat down with Lawfare Senior Editors Quinta Jurecic, Roger Parloff, and Alan Rosenstein. In a live conversation recorded less than an hour after Supreme Court Oral Arguments concluded, they discussed presidential immunity, and whether former president Trump is immune from prosecution for his alleged efforts to overturn the 2020 election.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/law...2024-04-2653 min