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
Emergency Edition: Another Special Counsel Investigation of Donald Trump 19.11.2022 52:04
Earlier today, in a surprise announcement, Attorney General Merrick Garland appointed a special counsel to lead two ongoing federal investigations of former president and now official 2024 presidential candidate Donald Trump. The special counsel, Jack Smith, is a longtime DOJ prosecutor and currently the chief Kosovo war crimes prosecutor in The Hague. He will take over the investigation into the...
Rebecca Herman on ‘Cooperating with the Colossus’ 18.11.2022 43:42
Today, the U.S. military maintains around 800 bases in installations around the world with around 75 of those in Latin America, including perhaps its most notorious in Guantanamo Bay, Cuba. But it wasn't always this way. To learn more about this fraught and understudied history, Lawfare managing editor Tyler McBrien sat down with Dr. Rebecca Herman, assistant professor of history at UC Berkeley, t...
Jed Purdy on Democratic Renewal 17.11.2022 46:29
American democracy might look healthier in light of last week's midterms, but there's still a lot of skepticism across the political spectrum about how it's doing. From the right, would-be authoritarians cast doubt on elections and on the very idea of liberal democracy. But even those who reject this authoritarian impulse are frequently uncomfortable with the messiness of democratic politics, inst...
Matt Tait on Cybersecurity in Ukraine 16.11.2022 51:27
Matt Tait is a cybersecurity expert who has worked both in the private sector and for the British government at GCHQ, the UK's intelligence, security, and cyber agency. He's also a Lawfare contributor. Like a lot of us, Tait has spent the last several months thinking about Ukraine, and Lawfare editor-in-chief Benjamin Wittes had cybersecurity questions for him. They talked about why the Ukrainian...
Sophia Yan Explains How to Become a Dictator 15.11.2022 40:28
Sophia Yan, pianist for the Lawfare Podcast and Rational Security , is also The Telegraph’s Beijing correspondent—or at least, she was until the other day. She’s produced a new podcast entitled, “ How to become a dictator ,” about the rise and rule of Xi Jinping and her own struggles as a reporter in Xi’s China. Now Sophia’s in Taiwan after a hasty exit from the country, and she joined Lawfare ’s...
Georgii Dubynskyi on Ukraine’s Cybersecurity 14.11.2022 55:56
Georgii Dubynskyi is the Deputy Minister of Digital Transformation of Ukraine. It is a ministry set up to modernize government services for Ukrainians that has taken a lead role in keeping Ukraine functioning online during the war. On Thursday morning, he joined Lawfare editor-in-chief Benjamin Wittes before a live audience at the Hewlett Foundation's cybersecurity grantee convening conference in...
Rational Security 2.0: The “Needle is BACK” Edition 13.11.2022 1:11:15
This week, Alan, Quinta, and Scott were joined by Brookings Institution Middle East expert Natan Sachs to talk over the week's big (non-U.S. election) national security news, including: “Bibi Got Back.” Last week, an unprecedented fifth national election in the last four years returned controversial former Prime Minister Benjamin Netanyahu to power , at the head of a coalition including seve...
Lawfare Archive: Portland, DHS, and the Rule of Law 12.11.2022 30:00
From September 23, 2020: Bobby Chesney sat down with former Secretary of Homeland Security Jeh Johnson and Texas Congressman Chip Roy as part of the 2020 Texas Tribune Festival. They discussed Portland, DHS, domestic violence, and even the shortage of civil discourse in our society. Hosted on Acast. See acast.com/privacy for more information.
Lawfare Archive: Nate Persily Asks Whether Democracy Can Survive the Internet 11.11.2022 53:24
Due to the Veterans Day holiday, our team is taking a break and bringing you a Lawfare Archive episode that we think you’ll find timely given some events from the last few weeks. From April 2, 2020: On this episode of the Arbiters of Truth series on disinformation, Evelyn Douek and Quinta Jurecic spoke with Nate Persily, the James B. McClatchy Professor of Law at Stanford Law School. Persily is al...
The Midterms . . . So Far 10.11.2022 53:32
On Tuesday, November 8, Americans finished casting their ballots in the midterm elections. Given that the president’s party typically performs poorly in the midterms, Democrats were poised for major losses and Republicans were ready to celebrate a “red wave” handing them control of both the House and Senate. But instead, Democrats saw a striking overperformance—and as of Wednesday afternoon, contr...
Why Did DHS Compile an Intelligence Report about Lawfare’s Editor in Chief? 09.11.2022 53:47
In the summer of 2020, Lawfare ’s editor in chief Benjamin Wittes found out that he had been the subject of intelligence reports compiled by the Department of Homeland Security’s Office of Intelligence and Analysis. It was a bizarre but troubling revelation, and it raised a lot of questions, not only about the propriety of those reports but also about the practice in general. Who else was I&A...
Bonus Minipod: Benjamin Wittes and David Priess on Open Source Intelligence 08.11.2022 17:00
We bring in the big guns to discuss Lawfare 's relationship to open source intelligence and how to read/assess! Suggest and vote for the next topic on Patreon . And NEW, we are in the Fediverse: https://mastodon.social/@lawfare Hosted on Acast. See acast.com/privacy for more information.
Decentralized Social Media and the Great Twitter Exodus 08.11.2022 57:32
It’s Election Day in the United States—so while you wait for the results to come in, why not listen to a podcast about the other biggest story obsessing the political commentariat right now? We’re talking, of course, about Elon Musk’s purchase of Twitter and the billionaire’s dramatic and erratic changes to the platform. In response to Musk’s takeover, a great number of Twitter users have made the...
The Government Rests; Roger Parloff Does Not 07.11.2022 37:18
The government has rested its case in chief in the criminal seditious conspiracy trial of Elmer Stewart Rhodes III and several other members of the Oath Keepers. The trial has been going on for the last several weeks, and Lawfare senior editor Roger Parloff has been in court every day keeping us up to date. Lawfare editor-in-chief Benjamin Wittes sat down with Roger to talk through it all. Who has...
Chatter: Cryptography in History and in the Movies with Vince Houghton 06.11.2022 1:32:46
Although codemaking and codebreaking often receive less attention in the public imagination than swashbuckling HUMINT operations and ingenious spy gadgets, they have changed history. The under-appreciation of cryptography might stem from a combination of the complexity of encryption, the classified nature of much of its technology, and the difficulty of conveying codebreaking effectively in pop cu...
Lawfare Archive: The Truth About Conspiracy Theories 05.11.2022 46:27
From April 8, 2021: If you’re listening to this podcast, the odds are that you’ve heard a lot about QAnon recently—and you might even have read some alarming reporting about how belief in the conspiracy theory is on the rise. But is it really? This week on Arbiters of Truth, the Lawfare Podcast ’s miniseries on our online information ecosystem, Evelyn Douek and Quinta Jurecic spoke with Jose...
Tchau, Bolsonaro? What to Make of Brazil's Election Results with Brian Winter 04.11.2022 38:20
On October 30, Brazilians elected Luiz Inácio Lula da Silva as their next president. Within minutes, world leaders, including President Biden and Secretary Blinken, offered official congratulations. For Lulu supporters, the atmosphere was celebratory but tense, as many wondered if Lulu's opponent, incumbent Jair Bolsonaro—who once said the election would end either in his death, arrest, or victory...
Israeli Election Results with Natan Sachs 03.11.2022 57:20
The Israeli election results are in—sort of—and the early count looks very favorable for former Prime Minister Bibi Netanyahu and the far-right coalition that he would bring to power. The results are not a hundred percent clear yet, but they're clear enough for Benjamin Wittes to sit down on Twitter Spaces with Natan Sachs, the director of the Center for Middle East Policy and a senior fellow in t...
Should the Donetsk and Luhansk People’s Militias Be Designated as Foreign Terrorist Organizations? 02.11.2022 39:27
Last week, Lawfare published a piece by Lawfare ’s legal fellow Saraphin Dhanani called, “ The Case for Designating the Donetsk and Luhansk People’s Militias as Foreign Terrorist Organizations .” The article considered whether the Russian-backed militias operating in the Ukrainian provinces of Donetsk and Luhansk can be properly designated as FTOs, and whether they should be. Lawfare executive edi...
The Biden Administration's Grand Strategy in Three Documents, with Richard Fontaine 01.11.2022 51:18
In recent weeks, the Biden administration has released a trio of long-awaited strategy documents, including the National Security Strategy , the National Defense Strategy , and the Nuclear Posture Review. But how should we read these documents, and what do they actually tell us about how the Biden administration intends to approach the world? To answer these questions, Lawfare senior editor Scott...
Danielle Citron on Intimate Privacy and How to Preserve It in a Digital Age 31.10.2022 53:10
The effect of the digital revolution on privacy has been mixed, to say the least, and for intimate privacy—information about our health, sexual activities, and relationships—it's been a downright disaster. Corporations and governments surveil us, former sexual partners post revenge pornography online, and our virtual reality future threatens to take privacy intrusions to a whole new level. D...
Rational Security 2.0: The “Ku Ku Kachoo” Edition 30.10.2022 1:05:26
This week, Alan, Quinta, and Scott were joined by China expert and law professor Julian Ku to talk through some of the week's big national security news, including: “Xi Loves Me, Xi Loves Me Not.” At the Chinese Communist Party’s 20th National Congress this past weekend, Chinese President Xi Jinping was able to not only secure his leadership over the party and country for a third conse...
Lawfare Archive: The State of the U.S.-China Relationship 29.10.2022 1:02:03
From August 24, 2020: In recent months, relations between the United States and China seem to have reached a new low as disagreements over trade, tech, human rights and the coronavirus have led the two sides to exchange increasingly harsh rhetoric. Just weeks ago, Secretary of State Mike Pompeo went so far as to suggest that the decades-long experiment of U.S. engagement with China had been a mist...
Why the First Amendment Doesn’t Protect Trump’s Jan. 6 Speech 28.10.2022 43:09
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? Is...
Claudia Swain on Cybersecurity and Trains 27.10.2022 37:29
Claudia Swain is Lawfare ’s digital strategist—but before coming to Lawfare , she worked at the Federal Railroad Administration, deep in the bureaucracy. She recently wrote an article for Lawfare called, “ The Emerging Cyber Threat to the American Rail Industry ,” which is a bit of a chilling read about the threat that the American rail industry faces as a result of, of all things, new computerize...
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