The Lawfare Podcast

From February 14, 2023: Last month's brutal murder of Tyre Nichols by Memphis police has once again sparked a national conversation about the causes of and remedies for persistent police misconduct and abuse. To explore this issue, Jack Goldsmith sat down with Joanna Schwartz, a law professor at UCLA School of Law, who is the author of a new book called, “Shielded: How the Police Became Untouchable.” The book argues that police abuse is a result of pervasive pathologies in the legal system that shield from accountability not just police officers, but also their supervisors and the local governments for which they work.Joanna and Jack discussed the many accountability gaps in the legal regime governing police abuse. Like her book, they focused on problems of achieving justice through the civil rights system, problems that include the high bars to finding a lawyer and to convincing a judge to hear the case, Fourth Amendment doctrine, qualified immunity, and the challenges of municipal liability. They also discussed the best path to reform and the prospects of reform.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 19 July 2025

In this Scaling Laws Academy "class," Kevin Frazier, the AI Innovation and Law Fellow at Texas Law and a Senior Editor at Lawfare, speaks with Eugene Volokh, a Senior Fellow at the Hoover Institution and long-time professor of law at UCLA, on libel in the AI context. The two dive into Volokh's paper, “Large Libel Models? Liability for AI Output.” Extra credit for those who give it a full read and explore some of the "homework" below:“Beyond Section 230: Principles for AI Governance,” 138 Harv. L. Rev. 1657 (2025)“When Artificial Agents Lie, Defame, and Defraud, Who Is to Blame?,” Stanford HAI (2021)Find Scaling Laws on the Lawfare website, and subscribe to never miss an episode.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 18 July 2025

Since Jan. 20, 84% of U.S. Agency for International Development grants and contracts have been terminated and 93% of agency staff have been fired. On July 1, the State Department absorbed the remaining staff and grants. On Lawfare Daily, Lawfare Associate Editor for Communications Anna Hickey spoke to New York Times opinion columnist Nicholas Kristof about the global impact of the Trump administration's dismantling of the USAID and foreign assistance cuts. They discussed what Kristof saw in his reporting trips to Liberia, Sierra Leone, Kenya, and South Sudan, and how the cuts to foreign assistance put U.S. national security at risk. Please note that this episode contains content that some people may find disturbing. Listener discretion is advised. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 17 July 2025

This week, Scott sat down with his Lawfare colleagues Benjamin Wittes and Eric Ciaramella to talk through the week’s big national security news stories, including:“With Arms Wide Open.” After years of open skepticism toward Ukraine (and uncharacteristic deference to Russia), it seems President Trump may have turned a page. His rhetoric has grown cooler toward Russian President Vladimir Putin, and he has proven more willing to provide arms to Ukraine, even over contrary efforts by some of his advisers—including an agreement to provide Ukraine with Patriot missiles and other U.S.-made, Europe-funded weapons. What explains this switch? And how durable is it likely to prove?“Hitting Foggy Bottom.” Just days after the Supreme Court removed a preliminary injunction, the State Department went forward with substantial personnel cuts, RIFing 1,350 foreign and civil service personnel in Washington, D.C. It’s all part of a much broader reorganization that State Department leadership claims will make the Department leaner or more efficient, even as it guts personnel working on issues disfavored by the Trump administration. “Waiting for the Intel Impressment.” Since the Trump administration’s June 21 airstrikes on Iranian nuclear facilities, a heated debate has raged over their effects. The administration maintains the strikes were “historically successful” and permanently set back the Iranian nuclear program. But media reports source to people within the intelligence community have suggested a much more limited effect. How should we weigh these competing claims? And when will we know the truth?In object lessons, Ben asks for your public service in supporting Lawfare’s Public Service Fellowship. Scott pulled a Quinta with his recommendation of the New Yorker essay “Zohran Mamdani and Mahmoud Khalil Are in on the Joke,” by Hanif Abdurraquib. And Eric makes his summer travels epic by listening to the podcast, The Rest is History.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 16 July 2025

Lawfare Legal Fellow Mykhailo Soldatenko and Lawfare Senior Editor Scott R. Anderson sit down with Markiyan Kliuchkovskyi, Executive Director of the Register of Damage for Ukraine at the Council of Europe and a former legal advisor of the Office of the President of Ukraine, and Patrick W. Pearsall, an international arbitration and disputes partner in the Washington D.C. office of Gibson Dunn and Global Co-Chair of the Geopolitical Strategy and International Law practice who directs the International Claims and Reparations Project at Columbia Law School. Markiyan and Patrick played a key role in proposing and designing Ukraine's reparations strategy soon after Russia's full-scale invasion of Ukraine. They discuss how they came up with the idea and pitched it to President Zelensky, the G-7, and the UN General Assembly; the proposed reparations mechanism; the fate of frozen Russian assets; and the relevance of the reparations to the Ukraine-Russia talks. You may want to look at the following materials relevant to the discussion. UN General Assembly Resolution on "Furtherance of remedy and reparation for aggression against Ukraine"Chiara Giorgetti, Markiyan Kliuchkovsky, Patrick Pearsall, and Jeremy K. Sharpe, “Historic UNGA Resolution Calls for Ukraine Reparations”Scott R. Anderson, “Understanding the G7’s New Plan for Funding Ukraine”To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 16 July 2025

Alan Rozenshtein, Senior Editor and Research Director at Lawfare, sits down with David Noll, a Professor of Law at Rutgers Law School, to discuss his new Lawfare Research Report, “Civil Contempt Against a Defiant Executive.” They talk about the widespread assumption that the judiciary is powerless if the executive branch chooses to defy court orders, largely because enforcement mechanisms like the U.S. Marshals Service reside within the executive branch.Noll argues that this view is mistaken and overlooks the significant enforcement powers the courts possess that are independent of the executive. Noll and Rozenshtein discuss non-custodial sanctions like stripping officials of immunity, levying substantial personal fines, and imposing professional discipline. They also explore the arrest power, noting that the U.S. Marshals have a statutory duty to enforce all lawful court orders that may supersede a presidential directive, and that courts retain a historical power to appoint their own deputies to enforce contempt citations if the Marshals were to refuse. Noll concludes that a conflict between the branches would likely be more protracted and contested than is commonly believed.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 15 July 2025

In a live conversation on July 11, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Scott Anderson, Anna Bower and Roger Parloff to discuss the Supreme Court’s ruling in Trump v. AFGE, which allows for the mass terminations of federal employees, what happened in the multiple hearings in the criminal and civil cases involving Kilmar Abrego Garcia, a nationwide injunction on President Trump’s birthright citizenship executive order, and more.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 14 July 2025

From April 9, 2024: In the early morning on March 26, a Singapore-flagged cargo ship crashed into Baltimore’s Francis Scott Key Bridge. The bridge collapsed, resulting in the death of six of the eight individuals conducting maintenance on the bridge. The incident has disrupted commuter traffic and the transport of hazardous materials, and it has halted shipping traffic at the Port of Baltimore, among other effects. Lawfare Research Fellow Matt Gluck discussed the bridge’s collapse, how authorities responded to it, and what it all means for the resilience of U.S. critical infrastructure and the state of crisis response with Juliette Kayyem, a professor of international security at the Harvard Kennedy School—who recently wrote a book on disaster management. Was the bridge adequately protected? How should governments and the private sector prepare to both prevent crises, but perhaps more importantly, prepare for the aftermath when they inevitably occur?  To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 12 July 2025

John Keller, now a partner at Walden, Macht, Haran, & Williams, channeled his experience as the former chief of the Public Integrity Section at the Department of Justice to talk about bribery with James Pearce, Lawfare Legal Fellow. After explaining the basics of bribery law and whether a current or former president could face a bribery prosecution, Keller analyzed whether three episodes from the first six months of the second Trump administration could plausibly be characterized as bribery: Paramount’s $16 million settlement of Trump’s lawsuit while Paramount awaits federal approval of a merger, law firms agreeing to provide pro bono legal services to causes favored by the administration to rescind or avoid targeted executive orders, and the dismissal of the criminal indictment against New York City Mayor Eric Adams in exchange for Adams’s agreeing to further the administration’s immigration agenda.For more on this topic, read John Keller’s recent article on Lawfare.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 11 July 2025

On July 8, Lawfare Editor-in-Chief Benjamin Wittes sat down for a bonus edition of Lawfare Live with Lawfare Senior Editors Anna Bower and Roger Parloff to discuss Kilmar Abrego Garcia's July 7 hearing in federal court in Greenbelt, Maryland. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 10 July 2025

Ethan Mollick, Professor of Management and author of the “One Useful Thing” Substack, joins Kevin Frazier, the AI Innovation and Law Fellow at the University of Texas School of Law and a Senior Editor at Lawfare, and Alan Rozenshtein, Associate Professor at Minnesota Law and a Senior Editor at Lawfare, to analyze the latest research in AI adoption, specifically its use by professionals and educators. The trio also analyze the trajectory of AI development and related, ongoing policy discussions.More of Ethan Mollick's work: https://www.oneusefulthing.org/Find Scaling Laws on the Lawfare website, and subscribe to never miss an episode.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 10 July 2025

This week, Scott sat down with fellow Senior Editors Molly Reynolds and Alan Rozenshtein to talk through the week’s big national security news, including:“One Bill to rule them all, One Bill to find them, One Bill to bring them all and in the darkness bind them.” Republicans in Congress narrowly enacted President Trump’s “One Big Beautiful Bill” last week, just in advance of the July 4 deadline he had set early in the year. What will its contents mean for elements of Trump’s national security agenda, including his immigration policies? And what does it say about his influence over fellow Republicans in Congress?“Even a Stopped Clock is Right More Often Than This Letter.” In response to a FOIA lawsuit, the Justice Department has released copies of the letters that it sent to tech companies regarding President Trump’s pause on the enforcement of a statute intended to curtail TikTok’s availability in the United States. In the letter, the Trump administration not only suggests that the law may unconstitutionally interfere with the president’s authority over foreign affairs, but suggests that the president can “waive” the enforcement of civil penalties and otherwise commit not to enforce the law for certain periods of conduct. How persuasive are these legal arguments? And what explains tech companies’ willingness to rely on them?“Nationwide, Not On Your Side.” At the end of its term last week, the Supreme Court issued a long-awaited decision in the birthright citizenship cases, wherein it sided with the Trump administration in ending the practice of “universal” (or nationwide) injunctions pursued by lower courts in many cases regarding challenges to government conduct. What with this holding mean, both for the birthright citizenship cases and for the broader legal system moving forward?In object lessons, Alan marveled at the majesty of Cranbrook Schools during a recent trip to Michigan. Scott’s been here the whole time with a recommendation of Dropout TV’s Game Changer. And Molly took us down a dark and dirty, Danish-derived, detective direction with Dept. Q on Netflix.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 9 July 2025

Lawfare Senior Editor Alan Rozenshtein sits down with Ashley Deeks, the Class of 1948 Professor of Scholarly Research in Law at the University of Virginia School of Law, to discuss her new book, “The Double Black Box: National Security, Artificial Intelligence, and the Struggle for Democratic Accountability.” They talk about the core metaphor of the book: the idea that the use of artificial intelligence in the national security space creates a "double black box." The first box is the traditional secrecy surrounding national security activities, and the second, inner box is the inscrutable nature of AI systems themselves, whose decision-making processes can be opaque even to their creators.They also discuss how this double black box challenges traditional checks on executive power, including from Congress, the courts, and actors within the executive branch itself. They explore some of Deeks's proposals to pierce these boxes, the ongoing debate about whether AI can be coded to be more lawful than human decision-makers, and why the international regulation of national security AI is more likely to resemble the fraught world of cyber norms than the more structured regime of nuclear arms control.Mentioned in this episode:"National Security AI and the Hurdles to International Regulation" by Ashley Deeks on Lawfare"Frictionless Government and Foreign Relations" by Kristen Eichensehr and Ashley Deeks in the Virginia Law ReviewTo receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 9 July 2025

Until late May, Michael Feinberg was a senior FBI counterintelligence agent focused on China. All that changed one weekend, when the Deputy FBI Director found out that he was still friends with a former FBI official who had been fired years ago. In his first interview following his essay, “Goodbye to All That,” in Lawfare last week. Feinberg sat down with Lawfare Editor-in-Chief Benjamin Wittes to discuss his career, his resignation, and the climate inside the Bureau.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 8 July 2025

Winnona Bernsen, nonresident fellow at the Atlantic Council’s Cyber Statecraft Initiative and founder of DistrictCon, joins Lawfare Contributing Editor Justin Sherman to discuss her recently released report "Crash (Exploit) and Burn: Securing the Offensive Cyber Supply Chain to Counter China in Cyberspace." They discuss the offensive cyber industry, the private sector and individual players, and the government procurement pipelines in the United States and China. They also discuss the strengths and weaknesses of each country’s offensive cyber procurement ecosystem, what it takes to sell an exploit, Winnona’s findings on the markups that middlemen add to exploit sales, and what it all means for the future of competition and cybersecurity.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 7 July 2025

In a live conversation on July 3, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Legal Fellow James Pearce and Lawfare Senior Editors Anna Bower and Roger Parloff to discuss updates in the civil and criminal cases of Kilmar Abrego Garcia, a D.C. district court judge's injunction against the Trump administration’s invasion proclamation, attacks on law firms, and more.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 6 July 2025

From February 16, 2024: The EU has finally agreed to its AI Act. Despite the political agreement reached in December 2023, some nations maintained some reservations about the text, making it uncertain whether there was a final agreement or not. They recently reached an agreement on the technical text, moving the process closer to a successful conclusion. The challenge now will be effective implementation.To discuss the act and its implications, Lawfare Fellow in Technology Policy and Law Eugenia Lostri sat down with Itsiq Benizri, counsel at the law firm WilmerHale Brussels. They discussed how domestic politics shaped the final text, how governments and businesses can best prepare for new requirements, and whether the European act will set the international roadmap for AI regulation.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 5 July 2025

From November 7, 2023: You probably already know that Rep. Mike Johnson is the new Speaker of the House. What you may not know is that every single one of the issues on his plate is a national security issue, at least in the short term. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor and Brookings Senior Fellow Molly Reynolds to talk it all through. They talked about Israel aid, Ukraine aid, Taiwan assistance, the border, FISA Section 702, government shutdowns, and more. It's a rollicking conversation through a crazy bunch of issues that are all on the front burner of the new Speaker's stove as he takes over a job for which he appears to be wholly unprepared.  To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 4 July 2025

Teun Jansenn is a staff member at the European Parliament who works on issues of EU expansion and support for Ukraine. He joined Editor-in-Chief Benjamin Wittes to talk about the prospects of Europe's stepping up for Ukraine as the United States backs away. He also talked about why EU enlargement is essential to getting EU governance under control and the role that Ukraine might play in that process.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 3 July 2025

For today's episode, Lawfare Foreign Policy Editor Daniel Byman interviews Lindsay Cohn, an associate professor at the Naval War College and Columbia University, to discuss the Trump administration's handling of the U.S. military. Cohn discusses the firings of senior military officials, military parades, and the use of the U.S. military at the U.S-Mexico border and in Los Angeles. She also assesses which policies are of genuine concern and which are overstated. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 2 July 2025

On today’s episode, Lawfare Managing Editor Tyler McBrien sits down with Lindsay Freeman, Director of Technology, Law & Policy at the Human Rights Center, UC Berkeley School of Law, to discuss her recent Lawfare article, “War Crimes for Fun and Profit.” They talk about how and why so-called war influencers linked to private military companies such as the Wagner Group in the Sahel are posting “conflict content” online. They also address why this graphic and gory content, which often amounts to self-incriminating evidence of war crimes, has led to so little accountability. And finally, they discuss efforts to close that impunity gap, including an Article 15 submission that Freeman and her team at the Human Rights Center sent to the International Criminal Court last fall. Content Warning: This episode contains graphic depictions of violence. Listener discretion is advised.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 1 July 2025

In a live conversation on June 27, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Legal Fellow James Pearce and Lawfare Senior Editors Anna Bower and Roger Parloff to discuss the Supreme Court’s ruling on nationwide injunctions in the birthright citizenship case, the whistleblower complaint about Emil Bove’s actions as deputy attorney general, the disbarment of Kenneth Chesebro, ongoing litigation over the federalization of the California National Guard, and so much more.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 30 June 2025

From March 19, 2020: What can the president do in a national emergency? What limits what the president can do? What authorizes the president to do all those things he can do in a national emergency? Is the president abusing, misusing, using appropriately, or under-using emergency powers during the coronavirus crisis? And what are the logical end points for how far this could go? For this bonus edition, Benjamin Wittes got on the phone with Steve Vladeck to work through these questions and talk about all things presidential emergency powers.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 29 June 2025

From December 5, 2015: The show this week features Natan Sachs, a Fellow in Foreign Policy at the Brookings Institution, who recently published an article in Foreign Affairs on anti-solutionism as strategy in the Israel-Palestine conflict.During his conversation with Lawfare Editor-in-Chief Ben Wittes, Sachs argues that the apparent absence of a long-term strategy on the Israeli Right for dealing with the Palestinians is actually better described as a belief on the part of the Israeli Right that there are currently no solutions to the challenges Israel faces. Sachs call this policy “strategic conservatism,” noting that at times it has served Israel well, and at others has damaged the country's prospects for peace. Regardless of its effectiveness, Sachs explains that it is a philosophy U.S. policymakers need to better understand in order to make smart decisions about the problems in the Middle East.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 28 June 2025

Lawfare Legal Fellow Mykhailo Soldatenko sits down with Eric Ciaramella, Senior Fellow at the Carnegie Endowment for International Peace, and Samuel Charap, Senior Political Scientist at Rand Corporation, to discuss the key issues in the Ukraine-Russia talks. They chat about the national interests of the interested parties, whether a negotiated settlement is possible, and what form a potential agreement may take. They also discuss credible security arrangements for Ukraine to prevent future aggression and various Russian demands, including those related to NATO and neutrality. You may want to look at the following pieces relevant to the discussion. Andriy Zagorodnyuk, Ukraine’s New Theory of Victory Should be Strategic NeutralizationSamuel Charap and Sergey Radchenko, The Talks That Could Have Ended the War in UkraineMykhailo Soldatenko, In the Shadow of the Minsk Agreements: Lessons for a Potential Ukraine-Russia ArmisticeTo receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 27 June 2025

This week, Scott sat down with his Lawfare colleagues Benjamin Wittes and Natalie Orpett, and University of Virginia School of Law professor Ashley Deeks, to talk through the week’s big national security news, including:“Bracing for Fallout.” In a surprise move, President Trump joined Israel’s military campaign against Iran over the weekend, using a specialized U.S. ordinance to hit Iranian nuclear sites that were beyond Israel’s early reach. It’s unclear to what extent the attack set back Iran’s nuclear ambitions, and debates continue to rage whether the president’s actions were wise or legal. But it did trigger an Iranian response against U.S. military bases in the Persian Gulf — action that was shortly followed by a tentative U.S.-backed ceasefire between Iran and Israel. What best explains the president’s decision to join the military campaign? And what will the consequences be, both in the region and back home in the United States?“Destinations Unknown.” In a short, unexplained opinion in the matter of DHS v. DVD this past week, the Supreme Court stayed a lower court preliminary injunction that had barred the Trump administration from removing immigrants to third countries with minimal procedural protections against threats of torture and other mistreatment. But the exact ramifications of this holding are unclear, as the Justice Department has now returned to the Court asking for clarification as to whether its ruling also invalidates a later order applying the class-wide prohibition in the initial preliminary injunction to a specific group of individuals. What explains the Supreme Court’s odd approach in this case? And what could its broader ramifications be for the Trump administration’s immigration agenda?“‘Bove the Law.” A now-public internal Justice Department whistleblower report alleges that Principal Associate Deputy Attorney General—and current Third Circuit nominee—Emil Bove endorsed plans to disregard judicial orders that would have obstructed the removal of foreign nationals in directing the Department of Homeland Security that it did not need to return certain deportation flights already in the air after a judge directed as much from the bench. How serious a transgression has Bove committed if these allegations are true? And what impact will they have on his Third Circuit confirmation?In object lessons, forget day-of-the-week underpants (or pronghorn shirts)! Ben spurs on a need for more day-of-the-week monsters with the last weather report you’ll ever need. Natalie is escaping, not just from reality but also from the heat, with her local bookstore, East City Bookshop. Scott shared the heartbreaking news that The Atlantic is stealing yet another Rational Security co-host emeritus as our beloved Quinta Jurecic begins her next crazy venture beneath the skies (Quinta, we miss you already!). And Ashley, channeling our bereavement at Quinta’s departure, recommends Alone on the History Channel.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 26 June 2025

Max Smeets, Co-Director of Virtual Routes and Senior Researcher at ETH Zurich, joins Lawfare’s Jonathan Cedarbaum and Justin Sherman to discuss his recently released book “Ransom War: How Cybercrime Became a Threat to National Security.” They discuss the history of ransomware (including the term itself), how the threats have evolved over the years, and some of the major drivers of innovation and entrepreneurialism within the ransomware ecosystem. They discuss Max’s findings on the “trust paradox” facing ransomware groups, the internal business dynamics of ransomware gangs, how governments leverage ransomware operators to their own ends, and how the United States and Europe can respond to future threats.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 26 June 2025

In the wake of controversy over OpenAI’s restrictive nondisclosure agreements, a bipartisan group of senators has introduced the AI Whistleblower Protection Act. In this episode, Lawfare Research Director Alan Rozenshtein spoke with Charlie Bullock, Senior Research Fellow at the Institute for Law & AI and co-author of a new Lawfare article on the bill, about its key provisions. They discuss why this bill is an important, light-touch proposal that offers a way to increase government access to information about AI risks.They cover two of the bill's most important features: how it fills a significant gap in existing law by protecting disclosures about “substantial and specific dangers” to public safety, even if no specific laws have been broken, and how the bill prevents companies from using contracts and NDAs to waive the whistleblower rights it creates.To accompany the episode, be sure to read the new piece by Bullock and Mackenzie Arnold, "Protecting AI Whistleblowers.”To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 25 June 2025

In a live conversation on June 23, Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Senior Editor Scott Anderson, Lawfare Foreign Policy Editor and CSIS fellow Daniel Byman, and Vice President and Director of Foreign Policy at the Brookings Institution Suzanne Maloney about the American attacks on Iranian nuclear sites, what the reaction within Iran has been, whether the strikes were legal under domestic and international law, and more.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 24 June 2025

In a live conversation on June 20, Lawfare Executive Editor Natalie Orpett sat down with Lawfare Legal Fellow James Pearce and Lawfare Senior Editors Anna Bower, Scott Anderson, and Roger Parloff to discuss the litigation over President Trump federalizing the California National Guard to send them to L.A., the the order for the release of Mahmoud Khalil, the Supreme Court denying an application to quickly consider the legality of President Trump’s tariffs, and more.You can find information on legal challenges to Trump administration actions here. And check out Lawfare’s new homepage on the litigation, new Bluesky account, and new WITOAD merchSupport this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 23 June 2025

From July 14, 2023: 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 that impeded Swedish NATO accession until now, and the frustrating failure of NATO to set a path for Ukrainian NATO membership. They talked about the dispute between Sweden and Turkey and the nuanced manner in which it was resolved, about whether the Ukrainians are being too demanding and should be more grateful for Western support, and the specific areas in which Sweden will contribute to NATO's capabilities.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 22 June 2025

For today’s episode, Lawfare General Counsel and Senior Editor Scott R. Anderson and Lawfare Senior Editor and Brookings Institution Senior Fellow Molly Reynolds sat down for a conversation about the rescissions package President Trump recently put forward to Congress, how it relates to the litigation over the president’s attempted cuts to U.S. foreign assistance, and what it all signals about how the administration intends to handle impoundments moving forward.Discussed in this episode:“The Myth of Presidential Impoundment Power” from Protect DemocracyTo receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 20 June 2025

From April 12, 2024: The Insurrection Act is a provision that allows the president to deploy the U.S. military for domestic law enforcement. It’s been invoked dozens of times by presidents to respond to crises in the over 230 years that it’s been around, but it hasn’t been reformed in centuries. In recent years, the Insurrection Act has come back into public focus because of its implication in a number of domestic crises, prompting a renewed conversation about whether it’s finally time to curb the sweeping powers afforded to the executive in this unique federal law.On April 8, the American Law Institute released a set of principles for Insurrection Act reform, prepared by a group of 10 individuals with backgrounds in constitutional law, national security law, and military law. The co-chairs of this group were Jack Goldsmith, Lawfare Co-Founder and Harvard Law School Professor, and Bob Bauer, Professor of Practice and Distinguished Scholar in Residence at New York University School of Law. They joined Lawfare Associate Editor Hyemin Han to talk about the history of the Insurrection Act, to parse out the recommendations the American Law Institute is making for reform, and to make the case for reforming the act in 2024.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare.

Transcribed - Published: 19 June 2025

This week, Scott sat down with Lawfare Managing Editor Tyler McBrien and Foreign Policy Editors Daniel Byman and Dana Stuster to talk through the week’s big news in Israel and Iran, including:“The Nuclear Option.” Israel crossed the rubicon late last week and took direct military action against Iran’s nuclear weapons program, among other targets, in an aggressive unilateral military campaign that has only expanded in the ensuing days. Iran, meanwhile, has reciprocated with volleys of attacks against Israel, some of which are getting through the substantial missile defenses Israel (and the United States) have deployed. It’s the Middle East war everyone has feared for more than a decade. How will it come to an end? And what will its ramifications be for the region?“Bibi Got Back.” Israel has threatened to take direct military action against Iran over its nuclear program multiple times over the past two decades but has always stopped short. Why did Israeli Prime Minister Benjamin Netanyahu proceed this time? And what will the implications be for his government, which has been teetering on the edge of collapse? And for his relationship with President Trump, his once close ally who declined to back his decision to proceed?“Bye-Atollah.” While Israel’s official target has been Iran’s nuclear and military complexes, many observers suspect that their real goal is something else: regime change. And recent reports that Netanyahu proposed killing Iranian political and spiritual leader Ayatollah Ali Khameini—but relented after objections from the Trump administration—suggest they may be right. What might Iran look like if its current regime collapses? And will it help or hurt Israeli (and U.S.) security interests?In Object Lessons, Tyler sang the praises of online radio station NTS.Live and NTS Guides to all of your quirky and eclectic musical tastes. Scott didn’t miss a beat with his throwback recommendation of Schoolhouse Rock song covers, with a particular fondness for Pavement’s rendition of No More Kings. And Dana shared his appreciation for analysis that takes Israel’s and Iran’s strategic calculus seriously.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 18 June 2025

On today's episode, Lawfare Executive Editor Natalie Orpett discussed the ongoing hostilities between Israel and Iran with Suzanne Maloney, Director of the Foreign Policy Program at the Brookings Institution, and Joel Braunold, Managing Director of the S. Daniel Abraham Center for Middle East Peace. They talked about how the conflict is unfolding, the nature of U.S. involvement, and why, after so many years of tensions, Israel chose this moment to attack. Although the conflict began only a few days ago, on June 13, it’s already clear that it has the potential to dramatically change the regional and international dynamics of the Middle East.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 18 June 2025

Greg Rosen, now an attorney at Rogers Joseph O’Donnell, spoke with James Pearce, Lawfare Legal Fellow, about his time prosecuting federal crimes in the U.S. Attorney’s Office for the District of Columbia. He focused mostly on the investigation and prosecution that followed the attack of the U.S. Capitol on January 6, 2021. He discussed how the U.S. Attorney’s Office carried out the largest investigation in the history of the country, how it handled the multiple investigative and logistical challenges the prosecutions posed, and how to think about the Supreme Court’s decision holding that the congressional obstruction count charged in many Jan. 6 cases was misapplied. Rosen also weighed in on the D.C. U.S. Attorney’s under the second Trump administration. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 17 June 2025

In a live conversation on June 13, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Legal Fellow James Pearce and Lawfare Senior Editors Anna Bower, Quinta Jurecic, and Roger Parloff to discuss the legality of President Trump federalizing the California National Guard to send them to L.A., the pretrial detention hearing of Kilmar Abrego Garcia, updates in Alien Enemies Act litigation, the indictment of Representative LaMonica McIver, and more.You can find information on legal challenges to Trump administration actions here. And check out Lawfare’s new homepage on the litigation, new Bluesky account, and new WITOAD merchSupport this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 16 June 2025

From December 26, 2023: The Supreme Court during World War II issued some of the most notorious opinions in its history, including the Japanese exclusion case, Korematsu v. United States, and the Nazi saboteur military commission case, Ex parte Quirin. For a fresh take on these and related cases and a broader perspective on the Supreme Court during World War II, Jack Goldsmith sat down with Cliff Sloan, a professor at Georgetown Law Center and a former Special Envoy for Guantanamo Closure, to discuss his new book, which is called “The Court at War: FDR, His Justices, and the World They Made.”  They discussed how the Court's decisions during World War II were informed by the very close personal bonds of affection that most of the justices had with President Roosevelt and by the justices’ intimate attachment to and involvement with the war effort. They also discussed the fascinating internal deliberations in Korematsu, Quirin, and other momentous cases, and the puzzle of why the same court that issued these decisions also, during the same period, issued famous rights-expanding decisions in the areas of reproductive freedom, voting rights, and freedom of speech.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 15 June 2025

From June 21, 2023: Carolyn Cole, a Pulitzer-Prize winning staff photographer for the Los Angeles Times, has covered wars and other conflicts in Afghanistan, Iraq, Israel, Kosovo, Liberia, Sudan, Nicaragua, Haiti, and the U.S.-Mexico border. Over the course of her 30 year career, she has been seriously injured on the job precisely once—when members of the Minnesota State Patrol pushed Cole over a retaining wall and pepper sprayed her so badly that her eyes were swollen shut. Cole was in Minneapolis in the summer of 2020 to cover the protests after the murder of George Floyd. She was wearing a flak jacket marked TV, a helmet, and carried press credentials at the time of her attack. Cole’s story is not unique among the press corps. According to a new report out this week from the Knight First Amendment Institute called “Covering Democracy: Protests, the Police, and the Press,” in 2020, at least 129 journalists were arrested while covering social justice protests and more than 400 suffered physical attacks, 80 percent of them at the hands of law enforcement. As Joel Simon, author of the report and former Executive Director of the Committee to Protect Journalists, writes, “The presence of the media is essential to dissent; it is the oxygen that gives protests life. Media coverage is one of the primary mechanisms by which protesters’ grievances and demands reach the broader public.”Lawfare Managing Editor Tyler McBrien sat down with Joel, as well as Katy Glenn Bass, the Research Director of the Knight First Amendment Institute, to discuss the report, the long legacy of law enforcement attacks on journalists covering protests in America, who counts as “the press” in the eyes of the court, and what can be done to better ensure press freedom.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 14 June 2025

For today's episode, Lawfare Senior Editor and General Counsel Scott R. Anderson sat down with three leading legal experts on domestic military deployments: William Banks of Syracuse University College of Law, Laura Dickinson of the George Washington University Law School, and Chris Mirasola of the University of Houston Law Center. They discussed the legality of the Trump administration's decision to deploy U.S. troops on the streets of Los Angeles, where the state of California's legal challenge is likely to head, the Trump administration's broader ambitions to involve the military in immigration enforcement, and what it all may mean for the domestic use of the military elsewhere moving forward.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 13 June 2025

Today, it’s Episode Seven of Escalation, our latest narrative series co-hosted by Lawfare Managing Editor Tyler McBrien and Ukraine Fellow Anastasiia Lapatina. Throughout the show, Nastya and Tyler trace the history of U.S.-Ukrainian relations from the time of Ukrainian independence through the present. You can listen to Escalation in its entirety, as well as our other narrative series, on our Lawfare Presents channel, wherever you get your podcasts.In the season finale of Escalation, Nastya recounts Russia's full-scale invasion of Ukraine in February 2022. The western world is shocked, as President Biden and Congress attempt to send weapons to Ukraine to fight back. But fundamentally different perspectives on the fight emerge, leaving Ukraine's fate uncertain and its relationship with the United States in jeopardy.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 12 June 2025

Lawfare Contributing Editor Renée DiResta sits down with Clay Risen to talk about his book “Red Scare: Blacklists, McCarthyism, and the Making of Modern America,” exploring the historical context of McCarthyism and its relevance to contemporary issues. They discuss the dynamics of accusation versus evidence during the Red Scare, the impact of vigilantism, the erosion of civil liberties, and the lessons that can be drawn from this period in American history. Risen highlights lesser-known figures who resisted the Red Scare and examines the political opportunism that characterized the era, drawing parallels to current political challenges.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 12 June 2025

This week, Scott sat down with Lawfare Senior Editors Molly Reynolds and Quinta Jurecic, and Contributing Editor Chris Mirasola, to focus on the week’s big domestic news, including:“Drama Majors, Meet Major Drama.” In the glittering city of Los Angeles, the Trump administration has taken the dramatic step of calling up the California National Guard and deploying them alongside active duty Marines to secure federal personnel and facilities, specifically against protestors demonstrating against the Trump administration’s draconian immigration policies. Is this the beginning of a broader threat to the constitutional order, as some of Trump’s critics say it is? And what should we make of President Trump’s suggestion that he may yet invoke the controversial Insurrection Act?“Precision Rescission, What’s Your Mission?” The Trump administration has asked Congress to formally rescind a slice of the federal spending it has been withholding since entering office, specifically relating to foreign assistance and the Corporation for Public Broadcasting—a request the House seems poised to move on this week. How likely is it that Congress will agree to the cut in funds? And what will the implications be for relevant legal challenges and Trump’s broader agenda?“There and Back Again.” After an unexpected journey and epic delays on the part of the government, the Trump administration has finally repatriated Kilmar Abrego Garcia, the man who was mistakenly deported to El Salvador—only to charge him with human trafficking and other federal crimes in Tennessee. How serious are the charges against him? And is this likely to be a win or loss for the administration’s broader immigration agenda?In object lessons, Molly shared a ranking of New York mayoral candidates by their bagel orders—and whose order is so bad, it’s a schmear on their very New Yorker-ness. Quinta recommends Ava Kofman’s profile of Curtis Yarvin in the New Yorker as a masterclass in the art of meticulous evisceration. Scott introduced his 4-year-old to his old Tintin books by Hergé—because it’s never too early to get into the drawbacks of colonialism. And Chris fled real DC drama for fake DC drama with The Residence on Netflix.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 11 June 2025

Christina Knight, Machine Learning Safety and Evals Lead at Scale AI and former senior policy adviser at the U.S. AI Safety Institute (AISI), joins Kevin Frazier, the AI Innovation and Law Fellow at Texas and a Senior Editor at Lawfare, to break down what it means to test and evaluate frontier AI models as well as the status of international efforts to coordinate on those efforts.This recording took place before the administration changed the name of the U.S. AI Safety Institute to the U.S. Center for AI Standards and Innovation. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 11 June 2025

Today, it’s Episode Six of Escalation, our latest narrative series co-hosted by Lawfare Managing Editor Tyler McBrien and Ukraine Fellow Anastasiia Lapatina. Throughout the show, Nastya and Tyler trace the history of U.S.-Ukrainian relations from the time of Ukrainian independence through the present. You can listen to Escalation in its entirety, as well as our other narrative series, on our Lawfare Presents channel, wherever you get your podcasts.Episode Six picks up the thread in 2019, when the relationship between the United States and Ukraine faces one of its biggest tests during a phone call between Donald Trump and Volodymyr Zelenskyy. We then take listeners into the halls of Congress to follow the Ukrainian Cultural Forces as they struggle to generate support for the war on the eve of the 2024 presidential election, in part due to the fallout of that infamous phone call. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 10 June 2025

Lawfare Contributing Editor Renée DiResta sits down with Daphne Keller, Director of the Program on Platform Regulation at Stanford University's Cyber Policy Center; Dean Jackson, Contributing Editor at Tech Policy Press and fellow at American University's Center for Security, Innovation, and New Technology; and Joan Barata, Senior Legal Fellow at The Future of Free Speech Project at Vanderbilt University and fellow at Stanford’s Program on Platform Regulation, to make European tech regulation interesting. They discuss the European Union’s Disinformation Code of Practice and its transition, on July 1, from voluntary framework co-authored by Big Tech, to legally binding obligation under the Digital Services Act (DSA). This sounds like a niche bureaucratic change—but it's provided a news hook for the Trump Administration and its allies in far-right parties across Europe to allege once again that they are being suppressed by Big Tech, and that this transition portends the end of free speech on the internet.Does it? No. But what do the Code and the DSA actually do? It's worth understanding the nuances of these regulations and how they may impact transparency, accountability, and free expression. The group discusses topics including Senator Marco Rubio’s recent visa ban policy aimed at “foreign censors,” Romania’s annulled election, and whether European regulation risks overreach or fails to go far enough.For more on this topic:Hate Speech: Comparing the US and EU ApproachesThe European Commission's Approach to DSA Systemic Risk is Concerning for Freedom of ExpressionThe Far Right’s War on Content Moderation Comes to Europe Regulation or Repression? How the Right Hijacked the DSA DebateLawful but Awful? Control over Legal Speech by Platforms, Governments, and Internet UsersThe Rise of the Compliant Speech PlatformThree Questions Prompted by Rubio’s Threatened Visa Restrictions on ‘Foreign Nationals Who Censor Americans’Will the DSA Save Democracy? The Test of the Recent Presidential Election in RomaniaTo receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 10 June 2025

In a live conversation on June 6, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Legal Fellow James Pearce and Lawfare Senior Editors Anna Bower, and Roger Parloff to discuss a breaking Supreme Court opinion which blocks discovery against DOGE, the criminal indictment of Kilmar Abrego Garcia, President Trump’s recent executive order targeting Harvard, legal challenges to the mass terminations of federal personnel, the public feud between Donald Trump and Elon Musk, and more.You can find information on legal challenges to Trump administration actions here. And check out Lawfare’s new homepage on the litigation, new Bluesky account, and new WITOAD merch.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 9 June 2025

From March 14, 2023: For years, the international community has wrestled with how to reconcile sanctions policies targeting terrorist groups and other malevolent actors with the need to provide humanitarian assistance in areas under those groups’ control. Late last year, both the Biden administration and the UN Security Council took major steps toward a new approach on this issue, installing broad carveouts for humanitarian assistance into existing sanctions regimes. To talk through these changes, Lawfare Senior Editor Scott R. Anderson sat down with two leading sanctions experts: Rachel Alpert, a Partner at the law firm Jenner & Block and former State Department attorney, and Alex Zerden, the Founder and Principal of Capitol Peak Strategies and a former Treasury Department official, including at the U.S. Embassy in Kabul, Afghanistan. They talked about the long-standing issues surrounding humanitarian assistance, what these changes may mean in jurisdictions like Afghanistan, and where more changes may yet be forthcoming. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 8 June 2025

From January 18, 2024: Last month, the Department of Defense released its first-ever policy on civilian harm reduction. But as Marc Garlasco recently wrote in Lawfare, “[T]he policy comes at an awkward time … The U.S. military has issued guidance on how to protect civilians during operations just as its close ally Israel has reportedly killed thousands of Palestinians with American bombs.” And yet, many aspects of the new policy are nothing short of groundbreaking.Lawfare Managing Editor Tyler McBrien sat down with Marc, a former targeting professional and war crimes investigator and current military advisor at PAX, as well as Emily Tripp, the Director of Airwars, a transparency watchdog NGO which tracks, assesses, archives, and investigates civilian harm claims in conflict-affected nations. They discussed the state of civilian harm worldwide; the good, the bad, and the ugly of the Pentagon’s new policy; and recent efforts to get U.S. allies and partners to buy in. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 7 June 2025

Lawfare Senior Editor Anna Bower has been on a quest. She wants to identify the administrator of DOGE. It's partly a comedic bit. And her lengthy article on the subject on Lawfare last week is laugh-out-loud funny. But it's also deadly serious. She came on the Lawfare Podcast to discuss the serious questions behind WITAOD with Editor-in-Chief Benjamin Wittes.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Transcribed - Published: 6 June 2025