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
Chatter: The Story of Reality Winner with Tina Satter 03.08.2023 56:49
In June 2017, FBI agents arrived at the home of Reality Winner, a translator working for the NSA, to question her about an unauthorized leak of classified information concerning Russian interference in U.S. elections. Six years later, Tina Satter’s new film, “Reality,” tells the story of that fateful day, which led to Winner’s imprisonment. Satter’s screenplay relies almost entirely on a ver...
What Ukraine Tells Us About the Future of War 03.08.2023 58:47
Over the past eighteen months, Ukraine has served as the stage for a proxy battle between superpowers, with the invading Russians on one side and a U.S.-led coalition of Western allies backing Ukraine on the other. As such, it’s the closest thing we’ve yet seen to what many military strategists believe will be the defining challenge of the next strategic era: a near-peer conflict between two or mo...
Emergency Edition: The Trump Jan. 6 Indictment 02.08.2023 1:10:44
On Tuesday, a D.C. grand jury voted to indict Donald Trump for a range of crimes that all involve the attempt to prevent the peaceful transfer of power following the 2020 presidential election. For this emergency edition of the podcast, Lawfare Editor-in-Chief Benjamin Wittes sat down on Lawfare Live with Senior Editors Scott R. Anderson, Roger Parloff, and Quinta Jurecic; Executive Editor Natalie...
Bringing Digital Evidence into the Courtroom 01.08.2023 42:28
In last month’s landmark settlement, the City of New York agreed to pay over $13 million to a group of 1,380 protestors who “were arrested and/or subjected to force by N.Y.P.D. officers” in Manhattan and Brooklyn in the summer of 2020. The proposed settlement marks “the largest total payout to protesters in a class-action suit in the United States,” according to Akela Lacy at The Intercept ....
Making Sense of the UFO Hearing with Shane Harris 31.07.2023 1:02:18
This past week, the House Oversight Subcommittee on National Security, the Border, and Foreign Affairs held a spirited hearing on an unusual topic: Unidentified Aerial Phenomena, or UAPs, the more correct term for what are commonly called UFOs, or Unidentified Flying Objects. The witnesses included two military veterans who claimed to have borne eyewitness to UAPs, and an intelligence community wh...
Rational Security: The “Norpett Returns” Edition 30.07.2023 1:14:36
This week on Rational Security , Alan, Quinta, and Scott were joined by the long absent Lawfare Executive Editor Natalie Orpett to talk through the week’s big national security news stories, including: “Next Fear in Jerusalem.” This week, Israel’s Knesset voted to abolish the “reasonableness doctrine” that had allowed its courts to review administrative decisions by the executive branch—a revoluti...
Lawfare Archive: Cristina Rodríguez and Adam Cox on 'The President and Immigration Law' 29.07.2023 48:41
From December 7, 2020: Jack Goldsmith spoke with Adam Cox and Christina Rodríguez, the authors of " The President and Immigration Law ," a new book about the historical rise and operation of a president-dominated immigration system. They discussed the various ways that Congress has delegated extraordinary power over immigration to the president, how what the authors call "de facto delegation" conf...
Josh Geltzer on 702 Reauthorization 28.07.2023 44:07
Joshua Geltzer is the Deputy Homeland Security Advisor at the White House, part of the National Security Council staff. He is the president's point person on the reauthorization battle surrounding Section 702, the Foreign Intelligence Surveillance Act section that authorizes broad collection against overseas targets using domestic infrastructure. He joined Lawfare Editor-in-Chief Benjamin Wittes t...
Chatter: Science Fiction and International Relations with Stephen Dyson 27.07.2023 1:37:56
Creators of science fiction movies and television shows often build worlds with at least some attention to governance systems and international (or interplanetary) political interactions. Sometimes, they develop central plot points out of national security matters, even if they play out in entirely different galaxies or dimensions. So it's not surprising that political scientist and author Stephen...
Brazil’s Search for Accountability After Jan. 8 27.07.2023 56:01
Last month, Brazil’s highest electoral court found that former President Jair Bolsonaro had abused his political power in the 2022 elections because of his conduct in a meeting with foreign ambassadors in Brasília in July 2022. For this violation of the country’s election laws, the electoral court banned Bolsonaro from seeking public office until 2030. Lawfare Managing Editor Tyler McB...
The Judicial Revolution Is Here 26.07.2023 1:01:24
The first phase of Israel's judicial overhaul is now law. Huge numbers of people are in the streets, reservists are resigning, the stock market is tanking, and Lawfare Editor-in-Chief Benjamin Wittes assembled an all-star panel to talk about it. Natan Sachs is the Director of the Center for Middle East Policy and a Senior Fellow in the Foreign Policy Program at the Brookings Institution. Amic...
Can Trump Be Tried in Four Places at Once? 25.07.2023 56:09
Former President Trump is facing criminal charges in Florida and New York, and indictments are reportedly likely in Fulton County, Georgia, and Washington, D.C. Two of these are in federal court; two of them are in state courts. Some have facts in common; some are seemingly unrelated. Trump is also involved in multiple civil litigations. And it looks like at least parts of these proceedings will b...
The Justice Department Appeals Oath Keepers Sentences 24.07.2023 39:16
On July 12, the Justice Department appealed the sentences of seven Oath Keepers convicted for Jan. 6-related crimes. Five have been convicted of seditious conspiracy, and two others were convicted of conspiring to obstruct Congress. Lawfare Intern Gia Kokotakis sat down with Lawfare Senior Editor Roger Parloff, a former lawyer and expert on the Jan. 6 Oath Keepers prosecutions who directly observe...
Rational Security: The “Five Dollar Footlong-Gate” Edition 23.07.2023 1:06:26
This week on Rational Security , Alan, Quinta, and Scott got together to NOT talk about that ONE big story that's not quite ripe yet. (You know the one. It involves sandwiches.) But they did chat through some of the week's other big national security news, including: “Against the Grain.” Russia backed out of the Turkey-facilitated Black Sea Grain Initiative this past week, which had allowed much n...
Lawfare Archive: Is Trump Creating a Deep State? 22.07.2023 49:48
From November 18, 2020: In the waning days of his administration, the president has attempted to install a political loyalist as General Counsel of the National Security Agency, a position that is traditionally a merits position, not a political position. He has also issued an executive order that gives the executive branch greater control over the civil service, making it easier to hire and fire...
Asaf Lubin on Cyber Espionage and International Law 21.07.2023 48:46
On June 16, the U.S. State Department discovered unauthorized access to its Exchange Online email services and reported it to Microsoft. Almost a month later, on July 11, Microsoft disclosed the attack, and attributed it to a China-based threat actor, which they call Storm-0558. The intrusion granted the hackers access to email accounts at the Commerce and State Departments, including Commerce Sec...
Chatter: National Security Insights from Board Games with Volko Ruhnke 20.07.2023 1:29:26
Gaming might seem far removed from national security, but Volko Ruhnke's experience proves otherwise. During his career as an intelligence analyst and manager, he designed and published many commercially successful historical board games that, in turn, informed his work. Additionally, he applied his skills in gaming to training intelligence officers. David Priess hosted Volko for a deep dive about...
Congress Investigates January 6 ... Again 20.07.2023 44:59
Last month, the majority staff of the Senate Rules and Governmental Affairs Committee released a report entitled “Planned in Plain Sight: A Review of the Intelligence Failures in Advance of January 6th, 2021,” which explores one of the biggest remaining questions about that day: Why didn’t the government see this coming? Molly Reynolds, Senior Fellow at Brookings and Senior Editor of Lawfare , sat...
A Big Day in Trump Accountability 19.07.2023 1:07:45
It was a big day in the legal travails of Donald Trump. We awoke this morning to news from the former president himself that he had received another target letter from special counsel Jack Smith, this time from the Jan. 6 grand jury. An indictment seems to be imminent. Incoming Lawfare Legal Fellow Anna Bower spent the day in federal court in Fort Pierce, where Judge Aileen Cannon was hearing the...
Ukrainians Hit the Kerch Bridge ... Again 18.07.2023 41:26
It was a busy weekend in the waters off of Ukraine and Russia. The Ukrainians hit—for the second time—the Kerch Bridge, which connects the Russian mainland with occupied Crimea. The Russians, meanwhile, announced that they are not renewing the Black Sea Grain Initiative, the complex agreement by which Ukraine has managed to export grain through the port of Odessa. What do we know about what happen...
July Minipod: Senator Tuberville's Hold on Military Nominations 17.07.2023 16:46
On July Minipod episode, Lawfare Associate Editor for Communications Anna Hickey sat down with Kori Schake, Director of Foreign and Defense Policy at the American Enterprise Institute, to talk about Senator Tuberville's hold on military nominations and promotions in protest of the Defense Department's abortion policy. They discuss who this hold is impacting, the short and long-ter...
Pam Samuelson on Copyright's Threat to Generative AI 17.07.2023 36:03
The only thing more impressive than the performance of generative AI systems like GPT-4 and Stable Diffusion is the sheer volume of training data that went into these systems. GPT was reportedly trained on, essentially, the entire Internet, while Stable Diffusion and other image-generation models rely on hundred of millions if not billions of existing pieces of artwork. Of course, much of this con...
Rational Security: The “Long Middle Finger of Europe” Edition 16.07.2023 1:13:00
This week, Alan, Quinta, and Scott were joined by Ravi Agrawal, Editor in Chief of Foreign Policy Magazine, to talk through the week’s big natsec news, including: “Pledge Week.” In a sign of strength, NATO held its annual summit in the capital of Vilnius this week, just kilometers from Lithuania’s border with Belarus. But those hoping to join the club have gotten mixed receptions, with NATO...
Lawfare Archive: Kyle Langvardt on Platform Speech and the First Amendment 15.07.2023 46:41
From December 8, 2020: On Monday, Lawfare released the first paper in its "The Digital Social Contract" paper series. For each paper, Alan Rozenshtein will be doing a podcast interview with the author, and the first guest is law professor Kyle Langvardt of the University of Nebraska College of Law. His paper, "Platform Speech Governance and the First Amendment: A User-Centered Approach...
Eric Adamson on the NATO Summit 14.07.2023 37:03
The NATO summit in Vilnius, Lithuania, just wrapped up, and the big news is that Sweden is in, and Ukraine is not. Eric Adamson of the Atlantic Council and the Swedish Defense Association is a Swedish defense policy analyst who observed the NATO summit. He joined Lawfare Editor-in-Chief Benjamin Wittes to discuss the two big things that happened: the Swedish resolution of the dispute with Turkey t...
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