The Lawfare Podcast

This week, Scott sat down with his Lawfare colleagues Natalie Orpett, Tyler McBrien, and Daniel Byman to talk through the week’s big national security news, including: “Borderline Behavior.” A major flare-up over the disputed region of Kashmir took place this past week, leading to a major exchange of hostilities between the nuclear powers of India and Pakistan before they agreed to a U.S.-brokered...

For today's episode, Lawfare Foreign Policy Editor Daniel Byman talked with Evan Braden Montgomery and Toshi Yoshihara, both Senior Fellows at the Center for Strategic and Budgetary Assessments, to discuss their recent Lawfare article, " Beijing's Changing Invasion Calculus: How China Might Put Taiwan in its Crosshairs ."  Together they discuss how China might use a blockade, subversion, and...

Cullen O’Keefe, Research Director at the Institute for Law and AI, joins Kevin Frazier, AI Innovation and Law Fellow at Texas Law and a Contributing Editor at Lawfare , and Renée DiResta, Associate Research Professor at the McCourt School of Public Policy at Georgetown and a Contributing Editor at Lawfare , to discuss a novel AI governance framework. They dive into a paper he co-authored on the co...

Donald Trump was confident he could end Russia’s war in Ukraine in a matter of days or weeks. It’s now been more than three months since Trump’s reelection, and even a short-term ceasefire between Ukraine and Russia remains elusive. Why did Trump fail? And what can really force Russia to stop the war? To answer these and many other questions, Lawfare ’s Ukraine Fellow Anastasiia Lapatina spoke wit...

In a  live conversation on  May 9,  Lawfare  Editor in Chief Benjamin Wittes sat down with  Lawfare  Senior Editors Anna Bower, Quinta Jurecic, and Roger Parloff,  Lawfare  Legal Fellow James Pearce, and  Lawfare  contributor Preston Marquis to discuss the status of the civil litigation against President Trump’s executive actions, including the ord...

From February 22, 2024: As  a new report  on the intimidation of state and local officeholders from the Brennan Center for Justice points out, “The January 6 insurrection at the Capitol seemed to mark a new peak in extremist intimidation targeting public officials. But it was hardly the only act of political violence to break the period of relative stability that followed the assassinati...

From August 27, 2019: On August 5, the Indian government announced that it was revoking “special status” for the states of Jammu and Kashmir, enshrined in Article 370 of its constitution. Since then, the government has instituted a lockdown in the Kashmir valley, hundreds of people have been detained, there have been mass protests, and tens of thousands of Indian troops have been deployed to the r...

Ben Brooks, a fellow at Harvard's Berkman Klein Center and former head of public policy for Stability AI, joins Kevin Frazier, AI Innovation and Law Fellow at Texas Law and Contributing Editor at Lawfare , to discuss a sudden and significant shift toward open-sourcing leading AI models and the ramifications of that pivot for AI governance at home and abroad. Ben and Kevin specifically review OpenA...

In recent years, political scientists have given a great deal of attention to “democratic backsliding”—the slow erosion of democracy by aspiring authoritarians. The events of the last several months in the United States—with attacks from the Trump administration on the press, higher education, and any center of power outside the White House—make this research all the more relevant. But the questio...

This week, Scott sat down with his Lawfare colleagues Benjamin “The Beard” Wittes and Anastasiia (and Ava) Lapatina to discuss the week’s biggest national security news stories, including: “A Waltz on Thin Ice.” Weeks after the SignalGate controversy, Mike Waltz is out as National Security Adviser and set to be nominated as U.N. Ambassador. Secretary of State Marco Rubio, meanwhile, is in for a re...

In her  recent  Lawfare  article , Alexis Loeb—a former deputy chief of the Jan. 6 Capitol Siege Section at the U.S. Department of Justice and a current partner at Farella, Braun, and Martel—discussed Attorney General Pam Bondi’s memo dismantling the Kleptocracy Asset Recovery Initiative. On today’s episode, Loeb joined  Lawfare  Associate Editor Olivia Manes to...

The TAKE IT DOWN Act is the first major U.S. federal law to squarely target non‑consensual intimate imagery (NCII) and to include a component requiring tech companies to act. Long handled via a patchwork of state laws, it criminalizes NCII at the federal level—both authentic images and AI-generated digital forgeries—and requires that platforms remove reported NCII within 48 hours of notification b...

In a  live conversation on  May 2,  Lawfare  Editor in Chief Benjamin Wittes sat down with  Lawfare  Senior Editors Anna Bower, Scott Anderson, and Roger Parloff and  Lawfare  Legal Fellow James Pearce to discuss the status of the civil litigation against President Trump’s executive actions, including the release of Mohsen Mahdawi, the decision by a judge th...

From July 27, 2020: Anne Applebaum is a columnist, writer, historian and most recently, the author of " Twilight of Democracy: The Seductive Lore of Authoritarianism ," a book that explores why authoritarian ideologies are on the ascendance in countries as diverse as Poland, Hungary, Spain, the United States and Great Britain. Benjamin Wittes spoke with Anne about the themes of the book: Why are a...

From January 16, 2024: Over the last two months, Houthi militants have waged more than 27 attacks against merchant shipping and U.S. and partner forces in the Red Sea, the Gulf of Aden, and the Bab al-Mandeb Strait, purportedly in response to the war in Gaza. These attacks have significantly disrupted global shipping and surged the Middle East into an even more precarious security situation. Follo...

As the Trump administration seeks to escalate its immigration crackdown, the government has turned to a concerning source of information for data on immigrants: the Social Security Administration.  Reports   indicate  that Elon Musk’s DOGE initiative and the Department of Homeland Security successfully pushed Social Security officials to provide access to what’s commonly known as th...

For today's episode,  Lawfare  Foreign Policy Editor Daniel Byman interviewed Tanvi Madan, a Senior Fellow at the Brookings Institution, to discuss the April 22 terrorist attack in Kashmir. Madan explains how the crisis has evolved, the escalation options available to India, and the limited influence of the United States, China, and other powers to contain the crisis. To receive ad-free...

This week, Scott sat down with his Lawfare colleagues Molly Reynolds and James Pearce to talk through the week’s big national security news, including: “Rounding the ‘Feels Like It’s Been a Century’ Mark.” As President Trump comes to the end of his second first 100 days in office, he and his supporters are laying claim to FDR’s mantle as the president to accomplish the most in such a short period...

Andrew Bakaj, Chief Legal Counsel at Whistleblower Aid, joins Kevin Frazier, AI Innovation and Law Fellow at Texas Law and Contributing Editor at Lawfare , to discuss a declaration by a National Labor Relations Board employee Daniel Berulis that DOGE facilitated the exfiltration of potentially sensitive information to external sources. The two also analyze the merits of whistleblower protections m...

In today’s episode, Molly Reynolds, Senior Fellow at Brookings and Senior Editor at Lawfare , sits down with Matt Lawrence, Associate Professor of Law at Emory; Eloise Pasachoff, Professor of Law at Georgetown; and Zach Price, Professor of Law at UC Law San Francisco to discuss a new paper on “ Appropriations Presidentialism ,” or how the executive branch attempts to control the process of allocat...

In a  live conversation on  April 25,  Lawfare  Editor in Chief Benjamin Wittes sat down with  Lawfare  Senior Editors Anna Bower, Scott Anderson, and Roger Parloff,  Lawfare  Legal Fellow James Pearce, and  Lawfare  Contributor Preston Marquis to discuss the status of the civil litigation against President Trump’s executive actions, including the...

From April 11, 2022: The period after Watergate and President Nixon's resignation saw an unprecedented barrage of congressional efforts at reforming the executive branch. The period after Donald Trump's departure from office has seen no comparable spree of legislative action—at least not yet. In a recent  Lawfare  article, Quinta Jurecic and Andrew Kent explored the disparity and the rea...

From September 16, 2020: What is the proper relationship between the CIA director and the president? How should directors handle arguably illegal orders? How important is the director's role as the nation's honest broker of information during times of crisis? To get at these questions, David Priess sat down with Chris Whipple, a documentary filmmaker, journalist and the author of two books about t...

For today's episode,  Lawfare  Foreign Policy Editor Daniel Byman interviewed Michael Sulmeyer, who was the top Defense official for all aspects of cyber policy in the Biden administration. Sulmeyer discusses the cyber threat landscape, different roles and missions, how Artificial Intelligence might be leveraged, and the key role of allies in cyberdefense, among other issues. To receive...

On today’s episode, Julia Rose Kraut, author of the book “ Threat of Dissent: A History of Ideological Exclusion and Deportation in the United States ,” joins  Lawfare  Managing Editor Tyler McBrien to talk about that book, originally published in 2020, and how it can help us make sense of the Trump administration’s recent immigration and deportation policies.  They discussed how id...