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The Lawfare Podcast

The Lawfare Institute

#11 in Government this week

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.

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  • Today · 46 min

    Lawfare Archive: Jed Purdy on Democratic Renewal

    From November 17, 2022: 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, instead preferring an anti-politics of technocratic decision-making. Jedediah Purdy, a law professor at Duke Law School, wants to defend democracy from its critics and its skeptics. In his new book, “Two Cheers for Politics: Why Democracy Is Flawed, Frightening—and Our Best Hope,” he argues that democratic renewal is both desirable and, most importantly, possible. Lawfare senior editor Alan Rozenshtein sat down with Jed to talk about the book, get his thoughts about the state of American democracy, and chart the path toward a healthier democratic future. 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/c/trumptrials. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

  • Yesterday · 44 min

    Lawfare Archive: Congressional Power and the Confirmation Process, with Mike Stern and Donald Sherman

    From November 27, 2024: Molly Reynolds, Senior Fellow at Brookings and Senior Editor at Lawfare, sits down with Mike Stern, a lawyer specializing in congressional legal issues and former Senior Counsel to the U.S. House of Representatives, and Donald Sherman, Executive Director and Chief Counsel at CREW, to discuss the Senate confirmation process and expectations for congressional oversight in the 119th Congress. They discuss the tools available to the Senate now and after the start of the new Congress in January, legal questions related to President-elect Trump’s potential plans for recess appointments, and what issues related to congressional oversight to watch next year. 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.

  • Friday · 43 min

    Lawfare Daily: The President’s Hand in Russia’s Covert Action

    In this episode, Lawfare Editor in Chief Benjamin Wittes sits down with Lawfare Public Service Fellow Julia Curlee to discuss her new essay, “The Unhidden Hand.” The essay judges Russia’s 2016 election interference by the standards the intelligence profession uses for covert action. Covert operations usually pay off early and then fade. They discuss why this one did the opposite: It was exposed before the votes were counted, yet Moscow’s gains have grown over the decade since, largely because of the man Russia helped elect. They also cover the dismantling of U.S. defenses against foreign election interference, the purge of the analysts and investigators who exposed the operation, and what Congress could do to build election defenses that no president can switch off. For further reading, see: Julia Curlee, “The Unhidden Hand,” 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.

  • Thursday · 1 hr 26 min

    Rational Security: The “Riding the Blue Wave Special Election" Edition

    This week, Scott sat down with his Lawfare colleagues Managing Editor Tyler McBrien and Senior Editor Eric Columbus; and Contributing Editor and Vice President of Research, Security and Defense at the Chicago Council on Global Affairs Ariane Tabatabai to talk through the week’s big international news stories, including: “The Subpoena Is Coming From Inside the House.” Democrats scored a historic victory in yesterday’s midterm elections, securing control of both the House and Senate by a healthy (but not filibuster-proof) margin that is widely seen as a direct rebuke of the Trump administration. How will a Democratic agenda impact President Trump’s policy agenda over his last two years in office? Which topics are likely to be the clearest targets of oversight and other measures? And how effective are these measures likely to be in pressuring him to change his tack? “Lame Duck and Cover.” The most significant issue in this week’s elections was undoubtedly President Trump’s decision to initiate the Iran War, and the subsequent impact it has had on the global economy. Yet Trump and his advisors have not been shy about their intent to escalate the war with Iran once again after the election, and have arguably already done so through a series of secret strikes that only became public the day of the midterm elections. What limits does a Democratic congress put on Trump’s war-fighting capabilities? And how much further will Trump be able to pursue the war now that he will no longer have a compliant Congress? “2028 Days Later.” With the midterms over, the race for 2028 is about to begin in earnest. Does this most recent election give any insight into which national security issues are likely to be a major concern in the next presidential race? And what do the dynamics of the midterms tell us about how those issues will shape – and be shaped by – the primaries and general election to follow? In object lessons, Tyler recommends the new album, "No Bad Memories," by The Avalanches. Ari is blown away by the set design and acting in the stage play, "Stranger Things: The First Shadow." Scott is listening to the new revival of the FiveThirtyEight Politics podcast, called "Still Counting." And Eric has discovered the classical music streaming service IDAGIO. 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.

  • Thursday · 1 hr 24 min

    Lawfare Daily: The Midterms and What's Next

    For today's podcast, we're bringing you audio from yesterday's livestream event, Lawfare Live: Midterm 2026 Debrief. Editor in Chief Benjamin Wittes was joined by Contributing Editor Molly Reynolds; Public Service Fellow Julia Curlee; and Senior Editors Scott R. Anderson, Eric Columbus, Michael Feinberg, and Loren Voss. They discussed how the new composition of Congress will shape many of the key national security issues we've been tracking, including the appropriations process and presidential war powers. They discussed what tools may be available to exercise oversight and pursue accountability. And they discussed what priorities the new Congress should consider to remedy the Trump Administration's damage to the national security apparatus. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

  • Wednesday · 48 min

    Lawfare Daily: ‘Little Blue Dot’ and GPS in War and the World with Katherine Dunn

    Katherine Dunn, author of the new book “Little Blue Dot: How GPS Shaped the Modern World,” and a business reporter and editor based in London, joins Lawfare Contributor Justin Sherman to discuss navigation technologies and bombing in World War II, satellites and the Cold War, and the birth and evolution of the U.S. government’s GPS program. They also discuss GPS as a combination of ideas and technologies, how the U.S. defense establishment initially tried to balance tech advancement and security in the GPS capabilities it made public, GPS and navigation in Russia-Ukraine and modern war, and the future of global navigation. 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.

  • Tuesday · 42 min

    Lawfare Daily: Why Kyiv Is So Vulnerable to Russian Energy Strikes

    In this episode, Lawfare’s Ukraine Fellow Anastasiia Lapatina sits down with with Anton Antonenko, the vice president of a Ukrainian energy think tank, DiXi Group, to discuss the energy infrastructure in Kyiv, and why the upcoming winter may be the toughest yet for the Ukrainian capital. 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.

  • Monday · 1 hr 52 min

    Lawfare Daily: The Trials of the Trump Administration, October 30

    In a conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes will sit down with Senior Editors Molly Roberts, Roger Parloff, and Eric Columbus to discuss developments in litigation against Trump administration’s policies, including former FBI Director James Comey being charged for a third time, a judge ruling that Maureen Comey was unlawfully fired as an assistant U.S. attorney, updates in the Kennedy Center litigation, 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. 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.

  • November 1 · 46 min

    Lawfare Archive: Natan Sachs on the Latest Israeli Political Crisis

    From June 12, 2024: Natan Sachs is the Director of the Center for Middle East Policy at the Brookings Institution. He joined Lawfare's Editor in Chief, Benjamin Wittes, to discuss the resignation of Israeli war cabinet member Benny Gantz, the fate of Benjamin Netanyahu's right-wing government, and Israeli perceptions of the Gaza war. 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.

  • October 31 · 46 min

    Lawfare Archive: What Impact did Facebook Have on the 2020 Elections?

    From September 11, 2023: How much influence do social media platforms have on American politics and society? It’s a tough question for researchers to answer—not just because it’s so big, but also because platforms rarely if ever provide all the data that would be needed to address the problem. A new batch of papers released in the journals Science and Nature marks the latest attempt to tackle this question, with access to data provided by Facebook’s parent company Meta. The 2020 Facebook & Instagram Research Election Study, a partnership between Meta researchers and outside academics, studied the platforms’ impact on the 2020 election—and uncovered some nuanced findings, suggesting that these impacts might be less than you’d expect. Today on Arbiters of Truth, our series on the information ecosystem, Lawfare Senior Editors Alan Rozenshtein and Quinta Jurecic are joined by the project’s co-leaders, Talia Stroud of the University of Texas at Austin and Joshua A. Tucker of NYU. They discussed their findings, what it was like to work with Meta, and whether or not this is a model for independent academic research on platforms going 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.

  • October 30 · 1 hr 9 min

    Lawfare Daily: Sander Tordoir on Europe's Strategic Choices

    Sander Tordoir is the Chief Economist of the Center for European Reform (CEPR) and a prominent European voice in the E.U.'s debate over its economic and technological relationship with China. With European trade policy toward China shifting over the past two years from integration towards managed trade, Sander joins Lawfare Contributing Editor and host of the Security Economics podcast Peter Harrell to unpack the recent E.U.-China deal involving quotas on hybrid cars and the apparent pause in what Sander refers to as "supply chain warfare." Sander also explains the new trade instruments the European Union is developing to make itself more nimble in pushing back against Chinese trade issues and whether Europe might one day use those instruments against the U.S. as well. Harrell also answers some of Sander's questions about shifting views of trade in the U.S. This episode is part of the Security Economics podcast series, in which Peter Harrell and guests explore the intersection of economics and national security, how countries manage their economies to support national security, and how they deploy economic tools in support of geopolitical objectives. 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.

  • October 29 · 1 hr 1 min

    Lawfare Live: Ex-FBI Agents Charged Over Lying to Congress Hearing Dispatch

    Lawfare Editor in Chief Benjamin Wittes sat down with Senior Editors Anna Bower and Roger Parloff to discuss three-day preliminary hearing before magistrate Judge Faruqui in the criminal case of former FBI analysts charged with false statements to Congress and obstruction. 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.

  • October 29 · 1 hr 10 min

    Rational Security: The “Not So Super Tuesday” Edition

    This week, Scott sat down with his Lawfare colleagues Executive Editor Natalie Orpett and Senior Editors Michael Feinberg and Molly Roberts to talk through the week’s big international news stories, including: “Full Metal Ballot.” For more than 160 years, federal law has made it a crime to bring “troops or armed men” to any place where an election is being held. But with President Trump refusing to rule out invoking the Insurrection Act, National Guard troops still on the streets of Washington, and the Justice Department preparing to send roughly 1,000 election monitors to polling sites across the country, many are worried about what voters will encounter on Tuesday. Military leaders say they have no plans to send troops to the polls, and a federal judge just reined in armed Homeland Security agents who had been going door to door questioning suspected noncitizen voters. What does the law actually allow federal personnel to do on Election Day? And what happens if the administration decides to test those limits anyway? “Certifiable.” With Election Day less than a week away, the Justice Department has moved from warning about election fraud to actively trying to shape how votes get counted and certified. Last week, in Alaska, the Justice Department—acting on President Trump’s personal orders—sued to block certification of the U.S. Senate race if Republican Sen. Dan Sullivan loses, citing possible voter confusion caused by a second candidate on the ballot named Daniel J. Sullivan. In California, DOJ has sued to stop officials from counting more than 20,000 mail ballots from voters it claims are “likely noncitizens,” threatened election officials in all 58 counties with prosecution, and even tried to leapfrog the trial judge by running straight to the Ninth Circuit, which promptly sent it back. Attorney General Todd Blanche insists DOJ isn’t trying to overturn anything. So what are these lawsuits really for? And what do they tell us about what the administration may have planned for after Nov. 3? “Deepfake in the Heart of Texas.” Russia is back—assuming it ever left. Last week, researchers attributed a pair of AI-generated videos falsely accusing Texas Democratic Senate candidate James Talarico of sexual abuse to Storm-1516, a Kremlin-linked influence operation that ran a similar play against Tim Walz in 2024. That same week, the top Democrats on the congressional intelligence committees, Sen. Mark Warner and Rep. Jim Himes, said a classified briefing showed Russia targeting Democrats and other supporters of Ukraine, with China and Iran running more targeted efforts of their own. All this comes after the Trump administration dismantled much of the federal apparatus for countering foreign election influence. How worried should we be about foreign meddling in the final days of the midterms? And what happens if the administration itself starts invoking foreign interference to cast doubt on the results? In object lessons, Molly is keeping cozy with a surprisingly delicious parmesan cabbage soup. Scott is catching up on the historical horror book, "Between Two Fires." And for any The Velvet Underground fans, Michael recommends "Rock*: A Mainstream Alternative History of Alternative Mainstream Music." 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.

  • October 29 · 57 min

    Lawfare Daily: The Israeli Elections—What Does it All Mean?

    For today's podcast, Executive Editor Natalie Orpett is joined by Natan Sachs of the Center for Middle East Policy, Joel Braunold of the Center Project, and Lawfare Editor in Chief Benjamin Wittes to talk about the Oct. 27 elections in Israel. After record turnout by Israeli voters, especially Arab Israelis, we have an outcome—but the implications are far from clear. They unpack what happened and the questions that remain: Whether longtime Prime Minister Bibi Netanyahu has a path to staying in power, whether opposition parties can stay unified, and whether there’s any prospect of a governing coalition or if we’re heading toward another round of elections. The future of Israeli politics is still very uncertain. They explain why. 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.

  • October 28 · 40 min

    Lawfare Daily: FCC’s Bad Labs Rulemaking with FCC’s Andy Hendrickson and Alice Jou

    Andy Hendrickson, the chief of the FCC’s Office of Engineering and Technology (OET), and Alice Jou, the chief of staff and deputy chief of OET, join Lawfare Contributor Justin Sherman to discuss the process for testing and certifying devices in the United States, the offshoring of that apparatus, and how some countries do not allow foreign bodies to certify equipment sold in their borders. They also discuss the national security risks of certain offshoring or foreign-owned or -based testing and certification bodies, a “Minnesota” lab that was actually based in China, the FCC’s “Bad Labs” rulemaking on the problem, and the future of the supply chain and risk space. 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.

  • October 27 · 55 min

    Lawfare Daily: Escalate to What End? Trump's Plan for the Iran War After the Midterms

    Former NSC staffers Cole Bucy and Nate Swanson join Lawfare Contributing Editor and Vice President of Research, Security and Defense at the Chicago Council on Global Affairs Ari Tabatabai and Lawfare Public Service Fellow Julia Curlee to discuss the Iran war eight months in and the administration's likely approach after the midterms. Cole and Nate's new piece in Foreign Policy, "Trump Unleashed" outlines why the president might escalate against Iran and why none of his options is likely to get him what he wants. Ari and Julia also discuss their piece in Foreign Policy, "How Could Iran Happen? An Autopsy," examining how the president's war on the "Deep State" led to this debacle 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.

  • October 26 · 1 hr 51 min

    Lawfare Daily: The Trials of the Trump Administration, October 23

    In a conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Senior Editors Loren Voss, Anna Bower, Eric Columbus, Molly Roberts, and Roger Parloff to discuss developments in the litigation over the Trump administration’s plan for the East Potomac Park and Arch, the 9th Circuit ruling that President Trump exceeded his authority in the deployment of the National Guard in L.A., legal challenges to the Trump administration’s various actions surrounding the election, 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. 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.

  • October 25 · 59 min

    Lawfare Archive: Bribery and the Second Trump Administration with John Keller

    From July 11, 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. 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.

  • October 24 · 40 min

    Lawfare Archive: Ukraine, ATACMS, and Putin’s Nuclear Threats

    From November 22, 2024: After more than a year of pleas from Kyiv, the U.S. finally let Ukraine use Western long-range weapons for attacks inside Russia. Lawfare Ukraine Fellow Anastasiia Lapatina sits down with Fabian Hoffmann, a doctoral research fellow at the University of Oslo, to talk about the strategic and tactical effects of such attacks, what’s behind the timing of this decision, and why it took so long for the U.S. to finally change course. 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.

  • October 23 · 54 min

    Lawfare Daily: What We're Worried About for the Elections

    On today's podcast, Executive Editor Natalie K. Orpett talks with Lawfare Senior Editors Molly Roberts and Loren Voss, Contributing Editor Renée DiResta, and Public Service Fellow Julia Curlee about what they're watching in the run-up to the midterm elections. Each of them is focused on different potential threats to election security and integrity—from what’s being challenged in the courts to what’s happening in the online information ecosystem, from concerns over physical security at the polls to concerns over the health of government institutions. They talk about how they are identifying and evaluating the threats, what impact they might have, and what, if anything, can be done about it. 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.

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