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
Memorializing Babyn Yar after the Russian Invasion of Ukraine 01.07.2022 44:10
When a Russian missile recently struck a TV tower in Kyiv, near Babyn Yar, the site of Nazi mass murders during the Holocaust, some saw the attack as a potent symbol of the tragic occurrence of violence in Ukraine. To talk through the historical significance of the attack, Lawfare Managing Editor Tyler McBrien sat down with Maksym Rokmaniko, an architect, designer, entrepreneur, and director at th...
The Jan. 6 Committee Takes On the Big Lie 30.06.2022 54:06
The House committee investigating the Jan. 6 insurrection is midway through a blockbuster series of hearings exploring Donald Trump’s efforts to overturn the 2020 election and disrupt the peaceful transfer of power. Central to those efforts, of course, was the Big Lie—the false notion that Trump was cheated out of victory in 2020. This week on Arbiters of Truth, our series on the online informatio...
The Jan. 6 Committee, Day Six 29.06.2022 50:27
It was a blockbuster day at the Jan. 6 committee hearings. Cassidy Hutchinson, former aide to White House Chief of Staff Mark Meadows testified in riveting detail about what the president was up to and what the people around him were up to in the days leading up to Jan. 6 and on the day itself. There's an assault against a Secret Service officer. There's a shattered plate and ketchup dripping down...
Andrea Matwyshyn and DOJ’s new CFAA Charging Policy 28.06.2022 41:08
On May 19, the Department of Justice announced a new policy concerning how it will charge cases under the Computer Fraud and Abuse Act, or CFAA, the primary statute used against those who engage in unlawful computer intrusions. Over the years, the statute has been criticized because it has been difficult to determine the kinds of conduct it criminalizes, which has led to a number of problems, incl...
All About Legionnaires 27.06.2022 38:03
An interesting subplot of the Russian invasion and subsequent war in Ukraine has been the rush of fighters from other countries to join the Ukrainian foreign legion and to fight as legionnaires on behalf of the Ukrainian government. The phenomenon of legionnaires is an interesting one that crops up all throughout history yet has remained relatively understudied. What role do legionnaires play in c...
Chatter: Misremembering Watergate and Jan. 6 with Tim Naftali 26.06.2022 1:38:47
Chatter , a podcast from Lawfare , features weekly long-form conversations with fascinating people at the creative edges of national security. This week on Chatter , Shane Harris talked with historian Tim Naftali about the legacy of Watergate and how we tell stories, fifty years later, about America’s most notorious presidential scandal. What is it about Watergate that still captures our attention...
Lawfare Archive: Niall Ferguson on Catastrophes and How to Manage Them 25.06.2022 55:28
From May 4, 2021: 2020 was a remarkable year in so many ways, not least of which was the COVID-19 pandemic and its effects. Why did so many countries bungle their responses to it so badly? And what should their leaders have learned from earlier disasters and the pathologies clearly visible in the responses of their predecessors to them? Niall Ferguson is the Milbank Family Senior Fellow at the Hoo...
The Jan. 6 Committee Hearings, Day Five 24.06.2022 44:18
It was Day Five of the House select committee hearings on Jan. 6. This time, the committee was focused on the president's efforts to pressure, and one may even say decapitate, the Justice Department to get it to put pressure on states on voter fraud matters and overturn the results of the 2020 election. In front of the committee were senior Justice Department officials who threatened to resign if...
Rebroadcast: The Most Intense Online Disinformation Event in American History 23.06.2022 50:30
If you’ve been watching the hearings convened by the House select committee on Jan. 6, you’ve seen a great deal about how the Trump campaign generated and spread falsehoods about supposed election fraud in 2020. As the committee has argued, those falsehoods were crucial in generating the political energy that culminated in the explosion of the January 6 insurrection. What shape did those lie...
The Jan. 6 Committee Hearings, Day Four 22.06.2022 37:07
Tuesday was day four of the Jan. 6 committee hearings, this time on Donald Trump's efforts to coax, cajole, and threaten state election officials and legislators into overturning their state election results in 2020. To go over it all, Benjamin Wittes sat down in Twitter Spaces with Lawfare senior editors Roger Parloff, Quinta Jurecic, and Molly Reynolds. They talked about where this story fits in...
Byman and Mir Debate al-Qaeda 21.06.2022 44:02
Asfandyar Mir of the U.S. Institute of Peace and Daniel Byman of Lawfare , Brookings, and Georgetown, are both analysts of al-Qaeda and terrorist groups. They have a different analysis, however, of how al-Qaeda is faring in the current world. Rather than argue about the subject on Twitter, they wrote an article on it, spelling out where they agree and where they disagree, and they joined Benjamin...
Lawfare No Bull: Day 3, House Select Committee on the January 6 Attack 20.06.2022 2:31:50
Today we’re bringing you another episode of Lawfare No Bull , a podcast featuring primary source audio from the world of national security law and policy. Today’s episode features audio of the third of a series of public hearings held by the House select committee to investigate the Jan. 6 attack on the Capitol. The committee heard in-person testimony from former Vice President Pence’s general cou...
Lawfare No Bull: Hearing Two: United States House Select Committee on the January 6 Attack 19.06.2022 1:50:47
Today we’re bringing you another episode of Lawfare No Bull , a podcast featuring primary source audio from the world of national security law and policy. Today’s episode features audio of the second of a series of public hearings held by the House select committee to investigate the Jan. 6 attack on the Capitol. The committee heard in-person and video testimony, including from former Attorney Gen...
Lawfare No Bull: United States House Select Committee on the January 6 Attack 18.06.2022 1:32:30
Today we’re bringing you an episode of Lawfare No Bull , a podcast featuring primary source audio from the world of national security law and policy. This episode features audio of the first of a series of public hearings held by the House select committee to investigate the Jan. 6 attack on the Capitol. The hearing included testimony from documentarian Nick Quested and Capitol police officer Caro...
The Jan. 6 Hearings, Day Three 17.06.2022 36:56
On Thursday, June 16, the Jan. 6 committee held its third day of public hearings. Afterwards, the Lawfare team convened once again in Twitter Spaces for a live recording of the podcast. Lawfare senior editor Quinta Jurecic talked with editor-in-chief Benjamin Wittes, executive editor Natalie Orpett, and senior editor Alan Rozenshtein about the substance of the day’s hearing, which focused on Pre...
Defamation, Disinformation, and the Depp-Heard Trial 16.06.2022 56:03
If you loaded up the internet or turned on the television somewhere in the United States over the last two months, it’s been impossible to avoid news coverage of the defamation trial of actors Johnny Depp and Amber Heard—both of whom sued each other over a dispute relating to allegations by Heard of domestic abuse by Depp. In early June, a Virginia jury found that both had defamed the other. The l...
Allies: How America Failed its Partners in Afghanistan 15.06.2022 56:42
On Monday, the Brookings Institution hosted a panel discussion titled, “ Allies: How America failed its partners in Afghanistan .” The event featured comments from Lawfare editor-in-chief Benjamin Wittes, a preview clip of Episode 6 of the podcast Allies , and a moderated discussion with an all-star panel. Lawfare associate editor Bryce Klehm sat down with Shala Gafary, the managing attorney for P...
The Jan. 6 Hearings, Day Two 14.06.2022 42:10
Recorded almost immediately after the Jan. 6 committee conducted its second public hearing, Benjamin Wittes sat down on Twitter Spaces with Lawfare ’s Quinta Jurecic, Natalie Orpett, and Rohini Kurup. They talked about what the committee accomplished in this second hearing, what evidence it put forth, and whether Donald Trump actually knew that the election lies were false or whether he had convin...
Roger Parloff Talks Madison Cawthorn, Donald Trump, and Section 3 of the 14th Amendment 13.06.2022 37:15
Lawfare senior editor Roger Parloff has been following in a way that just about nobody else has the litigation to keep people off ballots under Section 3 of the 14th Amendment—the part of the amendment that says that if you engaged in an insurrection, you're excluded from public office. It was the subject of a recent major Fourth Circuit opinion, and the state of Section 3 litigation is also the s...
Chatter: Private Sector Intelligence with Lewis Sage-Passant 12.06.2022 1:25:38
When the term "intelligence" comes up regarding an organization, most of us immediately think of government institutions. And there's a good reason for that: nation-states have become the centers of the most prominent intelligence collection, analysis, and direct action. But that's far from the whole story. Increasingly, corporations are developing intelligence units of their own to uncover and as...
Day One of the Jan. 6 Committee Hearings 11.06.2022 36:46
On Thursday, the House select committee to investigate the Jan. 6 Capitol attack held the first in a series of public hearings that they will use to present the findings of its ongoing investigation. The hearing laid out the evidence of Trump's culpability in bringing about the attack and also heard from witnesses about the role of the Proud Boys and the experience of law enforcement officers guar...
Oleksandra Matviychuk on Documenting Russian War Crimes in Ukraine 10.06.2022 54:20
Oleksandra Matviychuk is the head of the Center for Civil Liberties in Ukraine. She founded the organization to work on internal reform in her own country, but for the last eight years, she has spent a great deal of her time investigating and documenting Russian war crimes. She began this in the wake of the 2014 Russian invasion of the Donbas and Crimea, but the work has really accelerated since R...
The Supreme Court Blocks the Texas Social Media Law 09.06.2022 59:58
On May 31, by a five-four vote, the Supreme Court blocked a Texas law from going into effect that would have sharply limited how social media companies could moderate their platforms and required companies to abide by various transparency requirements. We’ve covered the law on this show before —we recorded an episode right after the U.S. Court of Appeals for the Fifth Circuit allowed Texas to impl...
An Empirical Analysis of Targeted Killing 08.06.2022 54:47
What does the American public actually know concretely about the effectiveness of U.S. drone strikes? Jack Goldsmith sat down with Mitt Regan, a professor at Georgetown Law School and the co-director of its Center on National Security and Law, who seeks to answer this question in his new book , “Drone Strike—Analyzing the Impacts of Targeted Killing.” They discussed his deep analysis of the empiri...
Public Choice Theory and American Foreign Policy 07.06.2022 59:19
What, if any, theory of international relations best explains U.S. foreign policy outcomes? Why, for example, did President Biden withdraw American forces from Afghanistan, re-engage Iran on the Joint Comprehensive Plan of Action, impose harsher than expected sanctions on Russia, and give more than expected support to Ukraine following the Russian invasion? Jack Goldsmith sat down with Richard Han...
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