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
Mike Johnson’s National Security Agenda 07.11.2023 48:56
You probably already know that Rep. Mike Johnson is the new Speaker of the House. What you may not know is that every single one of the issues on his plate is a national security issue, at least in the short term. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor and Brookings Senior Fellow Molly Reynolds to talk it all through. They talked about Israel aid, Ukraine aid,...
Data Brokers, Public Records, and Violence with Justin Sherman 06.11.2023 45:47
In the debate about data privacy and harms, one issue has not received adequate attention by the press or in policy conversations relative to the severity and volume of harm: the link between publicly available information and stalking and gendered violence. To discuss how “people search” data brokers use public information and contribute to stalking and abuse, Lawfare ’s Fellow in Technolog...
Rational Security: The “Regulatory Cage Match” Edition 05.11.2023 1:01:52
This week on Rational Security , Alan, Quinta, and Scott were joined by Lawfare Fellow in Technology Policy and Law Eugenia Lostri to tackle some of the overlooked national security stories that have been percolating the past few weeks, including: “BrokenAI?” The Biden administration has rolled out a groundbreaking new Executive Order on Artificial Intelligence that seeks to take the first steps t...
Trump’s Trials and Tribulations: Judge Cannon, Section 3, and a Fulton County Update 04.11.2023 1:20:25
It's another episode of “Trump's Trials and Tribulations,” recorded live on Zoom before an audience of Lawfare Material Supporters. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor Roger Parloff, Lawfare Legal Fellow Anna Bower, and Josh Gerstein of Politico to talk about Wednesday’s hearing in the Mar-a-Lago case, Section 3 disqualification litigation in Minnesota and C...
Lawfare Archive: Stephanie Leutert on the Other Southern Border 04.11.2023 46:03
From June 26, 2018: With the media and political commentators focused on family separation at the U.S.-Mexico border, few are paying attention to how developments along Mexico's southern border affect the United States. On Monday, Benjamin Wittes spoke with Stephanie Leutert, director of the Mexico Security Initiative at The University of Texas at Austin, who has spent the past several weeks in th...
The West Bank and the Israel-Hamas War 03.11.2023 55:09
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 i...
Chatter: The British Empire's Territorial Peak, 100 Years Later, with Matthew Parker 02.11.2023 1:07:09
The British Empire was already buckling under its own internal tensions in the 1920s. One hundred years later, historian and author Matthew Parker uses stories from across the globe to fill his new book One Fine Day , centered on the territorial peak of the empire on September 29, 1923. It reveals much about the limits of empire, the effects of liberation movements on colonized peoples around the...
A Criminal in the White House: How It Might Work and What It Might Mean 02.11.2023 1:02:16
A few weeks ago, an organization that works in the democracy protection space asked Lawfare Editor-in-Chief Benjamin Wittes and Lawfare Senior Editor Scott R. Anderson to give a talk about what would happen if Donald Trump both got convicted and got elected. And for this episode of the Lawfare Podcast , we’ve reprised that conversation, with an accompanying YouTube version including their PowerPoi...
What Disqualifying Trump from the 2024 Ballot Would Mean for American Politics and Democracy 01.11.2023 1:20:51
In the wake of Donald Trump's role in the attempt to overturn the 2020 election and the Jan. 6 attack on the Capitol, lawsuits in states around the country are seeking to disqualify him from the 2024 election. Challengers to his eligibility invoke Section 3 of the Fourteenth Amendment, which provides in relevant part that "No person shall . . . hold any office . . . under the United States . . . w...
Breaking Down the Menendez Indictment with Dan Richman 31.10.2023 51:46
It’s been a rough few months for Senator Bob Menendez. The powerful New Jersey Democrat has pleaded not guilty to federal charges related to an alleged bribery scheme under which, according to prosecutors, Menendez carried out favors for the government of Egypt. But while the allegations set out in the indictment sound pretty unsavory, recent decisions by the Supreme Court—in particular, the...
October Minipod: Constitutional Crises in the U.S. 30.10.2023 15:06
On this month’s minipod episode, Lawfare Associate Editor for Communications Anna Hickey sat down with Lawfare Senior Editor and Brookings Institution fellow Quinta Jurecic to discuss how a constitutional crisis is defined and whether this type of crisis has occurred in the United States before. Hosted on Acast. See acast.com/privacy for more information.
The Dangers of a Contingent Election with Beau Tremitiere and Aisha Woodward 30.10.2023 49:25
We are a little more than a year out from the 2024 election—an election that, in countless ways, promises to be unlike any other. One way it may be different is the very real prospect of a scenario in which neither major party candidate secures enough electoral votes to win, kicking the decision to the House of Representatives in what is called a “contingent election.” Possible third parties are a...
Rational Security: The ”Covered in Lyes” Edition 29.10.2023 1:04:03
This week on Rational Security , Alan, Quinta, and Scott came together in the virtual studio to talk over the week’s big national security news, including: “Stuck in the Middle (East) with You.” The Biden administration is finding itself increasingly pilloried from both sides for its handling of the Oct. 7 massacre perpetrated by Hamas and Israel’s ensuing military response in the Gaza Strip, as t...
Trump’s Trials and Tribulations: Three Pleas in a Pod 28.10.2023 1:16:06
It's another episode of “Trump’s Trials and Tribulations,” recorded live before an audience of Lawfare Material Supporters on Thursday. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editors Roger Parloff and Quinta Jurecic, and Lawfare Fulton County Correspondent and Legal Fellow Anna Bower to talk about all the pleas that have happened in Fulton County and all the pleas tha...
Lawfare Archive: Amanda Sloat Talks Turkey 28.10.2023 36:31
From July 3, 2018: Recep Tayyip Erdoğan won the Turkish election the other day, and becomes the first president under Turkey's new empowered presidential system. His party, in coalition with ultra-nationalists, will control the Parliament as well, so it's a big win for the Turkish president. It may be a loss for democratic values. On Tuesday, Benjamin Wittes sat down with Amanda Sloat, Robert Bosc...
The U.S. Diplomatic Response in Gaza with Akbar Shahid Ahmed and Robbie Gramer 27.10.2023 47:53
It’s probably fair to say that the Israeli government was not the only one caught flat-footed by the deadly attack launched by Hamas on Oct. 7. On that day, several of the U.S. government’s top diplomatic posts in the Middle East were vacant, and the Biden administration had long focused most of its attention elsewhere in the world. And, in a now infamous episode from only a week prior...
Chatter: Lincoln, Leadership, and Difficult Conversations with Steve Inskeep 26.10.2023 1:06:40
Many will recognize the voice of Steve Inskeep from his nearly two decades-long role hosting NPR's Morning Edition . But he's also the author of what is now a trilogy of books about political relationships in the United States during the 19th century, including his newly published Differ We Must: How Lincoln Succeeded in a Divided America. His newest book uses a unique framework to study Lincoln's...
Roger Parloff on a Potential Problem for the Justice Department’s Jan. 6 Prosecutions 26.10.2023 47:21
The D.C. Circuit Court of Appeals last week faintly endorsed the Justice Department’s reading of a critical felony charge, “corrupt obstruction of an official proceeding,” which the department has relied on to prosecute at least 317 individuals for their alleged roles in the Jan. 6 Capitol riot. In the case, United States v. Thomas Robertson , the court affirmed the Justice Department’s conc...
Pleas Please Me, Jenna Ellis 25.10.2023 46:11
Another morning, another surprise plea deal in Fulton County Superior Court. It was Jenna Ellis this time, in front of Judge Scott McAfee, pleading out of the Fulton County election interference case. There was a tearful colloquy and a letter of apology to the people of Georgia. There is a cooperation agreement of some kind, and there is yet another sentence of probation. Lawfare Editor-in-C...
Rules for Civilian Hackers in War, with Tilman Rodenhäuser and Mauro Vignati 24.10.2023 51:07
Thanks to advances in digital technologies, it is now easier than ever for civilians to get involved in military cyber operations. From private civilian companies being involved in cyber defense to individuals engaging in offensive cyber operations against enemy targets, the increased participation of civilians in armed conflict is a risky trend. Lawfare Fellow in Technology Policy and Law Eugenia...
Comparing Approaches to AI Regulation with Arianna Evers and Itsiq Benizri 23.10.2023 55:16
The promise and risks posed by artificial intelligence appear to have captured our collective imagination. The risks seem to span from global doom brought about by a rogue AI to the enshrinement of harmful bias and discrimination in systems that can determine whether you get a loan. The stakes require governments to step up and regulate the field, with several key companies advocating for governme...
Rational Security: The ”Third Ballot’s the Charm” Edition 22.10.2023 1:06:21
This week on Rational Security , Alan, Quinta, and Scott were joined by their Lawfare colleague and Carnegie Endowment for International Peace Senior Fellow Eric Ciaramella to discuss the week’s big national security news, including: “PiS Off.” Elections in Poland appear set to oust the incumbent Law and Justice (or “PiS”) party, which has spent the past several years in power undermining many of...
Trump’s Trials and Tribulations: A Surprise Plea in Fulton County 21.10.2023 1:43:41
It's another episode of “Trump’s Trials and Tribulations,” our weekly YouTube livestream conducted on Zoom for Lawfare Material Supporters. It was a breaking news day on Thursday: Sidney Powell, the Kraken lawyer, pled guilty in a plea deal in Fulton County Superior Court, one day before she and Ken Chesebro were going to trial. To unpack it all, Lawfare Editor-in-Chief Benjamin Wittes sat down wi...
Lawfare Archive: Radek Sikorski on the Week's Events in Poland 21.10.2023 21:52
From July 7, 2018: It's been a bad week for Polish democracy, with the government removing a bunch of judges from the country's Supreme Court in order to replace them with party loyalists. In response, protestors took to the streets to push back against the deconsolidation of Polish democracy. Radek Sikorski joined Benjamin Wittes to discuss the week's events and the larger degradation of Polish g...
The Crisis Facing Efforts to Counter Election Disinformation 20.10.2023 57:00
Over the course of the last two presidential elections, efforts by social media platforms and independent researchers to prevent falsehoods from spreading about election integrity have become increasingly central to civic health. But the warning signs are flashing as we head into 2024. And platforms are arguably in a worse position to counter falsehoods today than they were in 2020. How coul...
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