The Lawfare Institute
The Lawfare Podcast: Patreon Edition
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. Hosted on Acast. See acast.com/privacy for more information.
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The Lawfare Institute
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Latest episode
Jul 11, 2026
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Episodes
How the FBI is Combating Cyberattacks, with Brett Leatherman 28.03.2024 54:15
One of the gravest threats to U.S. national security today—and also one of the newest—is the risk of cyberattacks. They come in many forms, and they can incapacitate companies, institutions, and even the government. To better understand these threats—and how the government is responding to them— Lawfare Executive Editor Natalie Orpett and Lawfare Contributing Editor Brandon Van Grack sat do...
Benjamin Nathans on Alexei Navalny 27.03.2024 49:19
Benjamin Nathans is a professor of Russian and Soviet history at the University of Pennsylvania, with a particular specialty in the history of Russian and Soviet dissidents. He joined Lawfare Editor-in-Chief Benjamin Wittes to talk about the legacy of Alexei Navalny, his life and death, and how Navalny was similar to and different from other dissidents, both recent and historic. They talked about...
What Should We Do About Special Counsels? 26.03.2024 51:18
In February, Special Counsel Robert Hur released a report declining to prosecute President Biden for his handling of classified material. Earlier this month, Hur testified before the House Judiciary Committee answering questions from irritated members on both sides of the aisle who were critical of Hur’s work. Hur’s report and its fallout have reignited long-simmering questions about the usefulnes...
One Year Since the Kidnapping of Elizabeth Tsurkov 25.03.2024 50:52
One year ago, Elizabeth Tsurkov, a graduate student at Princeton University, was abducted by the terrorist organization Kata'ib Hezbollah in Baghdad, where she was doing fieldwork. Since that day, her sister, Emma Tsurkov, has been campaigning for and seeking her release. On Thursday, Emma Tsurkov held a rally outside the Iraqi embassy, demanding action to free her sister. Afterward, she sat...
Rational Security: The “Tyler’s Grandma’s Matzah Ball Soup” Edition 24.03.2024 1:07:06
This week on Rational Security , Alan and Quinta were joined by Lawfare Managing Editor Tyler McBrien and Lawfare Legal Fellow and Courts Correspondent Anna Bower to talk through the week's big national security news, including: “No v. Wade.” The long saga of the personal relationship between Fani Willis, the Fulton County District Attorney prosecuting Donald Trump for election interference, and N...
Trump's Trials and Tribulations: Judge Cannon's Concerning Jury Instructions 23.03.2024 1:21:12
It's another episode of “Trump's Trials and Tribulations,” recorded on March 21 in front of a live audience on YouTube and Riverside. Lawfare Senior Editor Quinta Jurecic sat down with Lawfare Editor-in-Chief Benjamin Wittes and Lawfare Senior Editor Roger Parloff to talk about Trump's SCOTUS brief in his presidential immunity appeal and recent evidentiary rulings from Judge Merchan in t...
Lawfare Archive: Allies, Episode 1: Faithful and Valuable Service 23.03.2024 35:47
From May 16, 2022: In order to tell you this story, we need to start at the beginning, just before the U.S. invasion. After 9/11, the CIA set their sights on al-Qaeda’s base in Afghanistan. After a military invasion that fall, people up and down the chain of command learned that in order to fight this war the U.S. needed local partners to help. Allies is a podcast about America’s eyes and ears ove...
Matt Perault, Ramya Krishnan, and Alan Rozenshtein Talk About the TikTok Divestment and Ban Bill 22.03.2024 50:32
Today, we’re bringing you an episode of Arbiters of Truth , our series on the information ecosystem. Last week the House of Representatives overwhelmingly passed a bill that would require ByteDance, the Chinese company that owns the popular social media app TikTok, to divest its ownership in the platform or face TikTok being banned in the United States. Although prospects for the bill in...
Chatter: From Right-Wing Radio to the Heart of the Never Trump Movement, with Charlie Sykes 21.03.2024 1:16:35
Charlie Sykes recently stepped down as host of the Bulwark Podcast. He's a regular commentator on MSNBC, and has written a number of books. He tells the story here of his political journey, from being a page for the Wisconsin delegation at the 1968 Democratic National Convention in Chicago, to being a working journalist increasingly disenchanted with conventional liberalism, to finding a home in R...
Jawboning at the Supreme Court 21.03.2024 51:38
Today, we’re bringing you an episode of Arbiters of Truth , our series on the information ecosystem. On March 18, the Supreme Court heard oral arguments in Murthy v. Missouri , concerning the potential First Amendment implications of government outreach to social media platforms—what’s sometimes known as jawboning. The case arrived at the Supreme Court with a somewhat shaky evidentiary record, but...
Weaponizing the Dollar with Saleha Mohsin 20.03.2024 53:56
Since World War II, the United States and its currency, the dollar, have come to play a central role in the broader global economy. And in recent decades, policymakers have used this role as a weapon, cutting off access to malign actors and punishing those who act contrary to U.S. national security interests. But cultivating such primacy has proven to be a double-edged sword, with more complicated...
Timothy Edgar and Paul Rosenzweig on the Volt Typhoon Cyber Intrusion 19.03.2024 54:45
Last May, Microsoft announced that a Chinese state-sponsored hacking group, Volt Typhoon, appeared to be targeting U.S. critical infrastructure and entities abroad in part through establishing a presence in a malware-infected network, or botnet, consisting of old devices located in the United States. At the end of January, the Justice Department announced it had removed the botnet from hundreds of...
Judge McAfee Rules Fani Willis Can Stay 18.03.2024 48:32
Friday morning in Fulton County, Georgia, Judge Scott McAfee issued an opinion in the matter of the disqualification of District Attorney Fani Willis. It was not a complete victory for anybody. The defense didn't get Fani Willis booted from the case, but they did get Nathan Wade booted from the case. And Fani Willis has to contend with the loss of her special prosecutor, as well as some scorching...
Rational Security: The “Sociopathic Nose Wrinkle” Edition 17.03.2024 1:17:18
This week on Rational Security , Alan, Quinta, and Scott got together for the last time before Scott’s paternity leave to talk over the week’s big national security news, including: “Kitchen Table Issues.” President Biden delivered a feisty State of the Union last week, one that took aim at both those worrying about his age and his apparent 2024 rival, former President Donald Trump. But what does...
Trump's Trials and Tribulations: Delays All Along the East Coast 16.03.2024 1:24:34
It's another episode of “Trump's Trials and Tribulations,” recorded on March 14 in front of a live audience on YouTube and Riverside. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor Roger Parloff and Lawfare Legal Fellow and Courts Correspondent Anna Bower to talk about the Thursday hearing in the Mar-a-Lago case and everything Judge Cannon still needs to rule...
Lawfare Archive: Paul Rosenzweig on Investigating American Presidents 16.03.2024 32:04
From November 10, 2018: With the firing of Jeff Sessions and his replacement with former U.S. attorney Matthew Whitaker, all eyes this week are focused on whether Special Counsel Robert Mueller’s investigation of Russian interference in the 2016 election and possible coordination between the Trump campaign and the Russians will get to run its full course. But even before the Sessions firing, Benja...
Tim Mak on Two Years of War in Ukraine 15.03.2024 45:37
Tim Mak is the editor, writer, and entrepreneur behind the Substack site, The Counteroffensive , which covers the Ukraine-Russia war through personal stories on the ground in Ukraine. He has been in Ukraine since the beginning of the full-scale invasion when he was an NPR reporter, and he has done some of the best English-language reporting from that country. Lawfare Editor-in-Chef Benjamin Wittes...
Chatter: Margaret Mead, Psychedelics, and the CIA with Benjamin Breen 14.03.2024 1:24:19
If you’re listening to this podcast, chances are you’ve heard stories about the CIA’s experiments with drugs, particularly LSD, during the infamous MKUltra program. But you may not know that the characters involved in that dubious effort connect to one of the 20th Century’s most famous and revered scientists, the anthropologist Margaret Mead. Shane Harris talked with historian Benjamin...
Six Counts Quashed in the Fulton County Case 14.03.2024 43:48
On March 13, Judge McAfee released an order quashing six counts in the Fulton County electoral interference indictment against former President Trump and his numerous co-defendants. These charges were related to alleged solicitation of violations of oath of office, and Judge McAfee quashed the charges due to insufficient evidence. To talk over the order and its implications, Lawfare Editor-in-Chie...
Devin DeBacker and Lee Licata on the Biden Administration’s New Executive Order on Preventing Access to Americans' Bulk Sensitive Personal Data 13.03.2024 44:06
On February 28, the Biden administration issued an Executive Order (EO) entitled “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern.” Lawfare Senior Editor Stephanie Pell sat down with Devin DeBacker and Lee Licata, the Chief and one of the Deputy Chiefs of the Foreign Investment Review Section in the National Security Di...
How Should Governments Use Deepfakes? 12.03.2024 57:24
Progress in deepfake technology and artificial intelligence can make manipulated media hard to identify, making deepfakes an appealing tool for governments seeking to advance their national security objectives. But in a low-trust information environment, balancing the risks and rewards of a government-run deepfake campaign is trickier than it may seem. To talk through how democracies should think...
Unpacking the Supreme Court’s Fourteenth Amendment Ruling 11.03.2024 49:09
On March 4, the Supreme Court ruled in Trump v. Anderson , holding that states cannot disqualify Donald Trump from appearing on the presidential ballot under Section 3 of the Fourteenth Amendment. Section 3 bars former officeholders who have since engaged in insurrection from taking future public office—and in recent months, a slew of lawsuits from voters and advocacy groups have pointed to the pr...
Rational Security: The “Alan and the Owl” Edition 10.03.2024 1:16:20
This week on Rational Security , Lawfare Managing Editor Tyler McBrien joined Alan, Quinta, and Scott to discuss the week's big national security news, including: “Operation Humbled Drop.” After months of unsuccessfully pushing the Israeli government to allow more aid into besieged Gaza, the Biden administration has taken matters into its own hands and begun airlifting it in itself. Bu...
Trump’s Trials and Tribulations: Pending Motions Piling Up in Florida 09.03.2024 1:24:24
It's another episode of “Trump's Trials and Tribulations,” recorded on March 7 in front of a live audience on YouTube and Riverside. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor Roger Parloff and Lawfare Legal Fellow and Courts Correspondent Anna Bower to talk about recent filings in the Southern District of Florida and what Judge Cannon needs to rule on. T...
Lawfare Archive: Judge John Bates on FISA in the News 09.03.2024 1:00:50
From September 28, 2019: At the Texas Tribune Festival in Austin, Texas, Benjamin Wittes sat down in front of a live audience with Judge John Bates, a senior district judge on the U.S. District Court for the District of Columbia. Bates has served on the court since 2001, and from 2009 to 2013, he served as the presiding judge of the Foreign Intelligence Surveillance (FISA) Court. Wittes and Judge...
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