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The Lawfare Podcast

Lawfare Live: Discussing the Hearings on James Comey’s Prosecution and the Alien Enemies Act

The Lawfare Podcast

The Lawfare Institute

History, Military, International Relations, Government, Constitutional Law, News, International Law, Current Events, Politics, Rule Of Law, Law, Foreign Policy, Diplomacy, National Security, Intelligence, Terrorism

4.76.4K Ratings

🗓️ 19 November 2025

⏱️ 54 minutes

🧾️ Download transcript

Summary

At 4pm ET on Nov. 19, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Molly Roberts, Anna Bower, and Roger Parloff to discuss two court hearings that occurred that day. First they discussed the hearing in the prosecution of James Comey. Then they briefly discussed the hearing in J.G.G. v. Trump, over potential contempt proceedings against the government concerning actions taken surrounding the deportation of some El Salvador immigrants to CECOT.


This episode is a part of Lawfare’s new livestream series, Lawfare Live: The Now. Subscribe to Lawfare on Substack or YouTube to receive an alert for future livestreams. 


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Transcript

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0:00.0

Nearly every news alert in 2025 has raised questions, some old, some new, about the law and national security.

0:08.0

And now you get the chance to ask Lawfare directly. It's time for our annual Ask Us Anything Mailbag podcast, an opportunity for you to ask Lawfare this year's most burning questions.

0:19.0

You can submit your question by leaving a voicemail at

0:22.1

202-643-8474 or by sending a recording of yourself asking your question to Ask Us Anything Lawfare at

0:33.3

Gmail.com by December 16th. And we're live.

0:40.2

It is Wednesday, the 19th of November 2025.

0:47.1

It is 4 o'clock p.m. in Washington.

0:51.4

And you are watching Lawfare Live the now.

0:55.5

I'm Benjamin Wittes, editor-in-chief of Lawfare, and I am here with not one, not two,

1:02.5

but three Lawfare senior editors who attended the hearing in the Jim Comey case,

1:09.9

and one Lawfare senior editor who attended a subsequent oral argument in the JGG case before Judge Bozberg.

1:20.7

And folks, we're going to talk about it all. There was a lot of fireworks today. With me are Anna Bauer, Molly Roberts, and Roger Parloff. Welcome all.

1:33.4

Thank you. Roger, get us started. I thought we were going to have a hearing today on Jim Comey's

1:43.8

motion for selective and dismissal for selective and vindictive prosecution.

1:50.1

But once again, this is now the second time this week where things have got a little bit, got ahead of us a little bit.

1:59.4

What happened at today's hearing in the Eastern District of

2:03.9

Virginia? Yeah, in Alexandria. It began with, it's a motion for, to dismiss based on vindictive

2:16.4

and selective prosecution. we spoke almost only about

2:19.6

vindictive today. I think it was only about vindictive. Um, and, uh, Michael Drebin, the former,

2:26.8

the former deputy solicitor general was presenting for Comey, quite, uh, quite a powerful presentation.

2:36.1

And it was obvious that the judge was, you know, there was a lot of discussion of direct,

2:45.7

actual vindictive prosecution.

...

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