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Lawfare Archive: The Supreme Court Rules in Murthy v. Missouri
27 september 2025 · 43 min
From June 28, 2024: On June 26, the Supreme Court handed down its decision in Murthy v. Missouri—the “jawboning” case, concerning a First Amendment challenge to the government practice of pressuring social media companies to moderate content on their platforms. But instead of providing a clear answer one way or the other, the Court tossed out the case on standing. What now? Lawfare Editor-in-Chief Benjamin Wittes discussed the case with Kate Klonick of St. Johns University School of Law and Matt Perault, Director of the Center on Technology Policy at the University of North Carolina. Lees meer
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Lawfare Daily: Rethinking Deepfake Response with Gavin Wilde
26 september 2025 · 36 min
Gavin Wilde, Nonresident Fellow at the Carnegie Endowment for International Peace, adjunct lecturer at Johns Hopkins University, and author of the recent paper, “Pyrite or Panic? Deepfakes, Knowledge and the Institutional Backstop,” joins Lawfare’s Justin Sherman to discuss worries about deepfakes and their impact on information and society, the history of audiovisual media and what we can learn from previous evolutions in audiovisual technologies, and the role that fakery has played over the centuries in said media. They also discuss the social media and political context surrounding deepfake evolutions circa 2015; what happened, or not, with deepfakes in elections around the globe in 2024; and how institutions, policy, and law might pursue a less technology-centric approach to deepfakes and their information impacts. Lees meer
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Rational Security: The “I AM an Object Lesson” Edition
25 september 2025 · 1 uur 13 min
This week, Scott sat down with Senior Editors Kate Klonick and Eric Columbus to talk through the week’s big national security news stories, including: Lees meer
“An Un-Airing of Grievances.” Since the assassination of conservative activist Charlie Kirk, some supporters of his—including several figures within the Trump administration—have actively sought to have individuals who have said critical or purportedly insensitive things about Kirk removed from their jobs or otherwise punished. This arguably came to a head after Jimmy Kimmel Live! was pulled from the air following statements by FCC Chairman Brendan Carr suggesting networks might face additional regulatory scrutiny for not addressing alleged misinformation about Kirk’s killer he purportedly put forward. And while Kimmel is now back on the air, several major local affiliates are refusing to air his show. How do these efforts comport with the First Amendment? And what do they mean for freedom of speech regardless?
“You Can’t Spell Appeasement Without App.” After months of negotiations—during which it has held off on enforcing a statutorily mandated ban—the Trump administration has announced that it has reached a deal with China regarding the disposition of the social media platform TikTok and its operation in the United States. But the public details of the deal have been few and far between, and much more remains to be worked out. How close to a deal are the parties in actuality? And does it address the national security concerns motivating Congress’s ban in the first place?
“Playing with White House Money.” The Trump administration has been rocked by two major corruption-related stories in the past week. First, the Justice Department is reported to have closed an investigation into White House immigration czar Tom Homan, who reportedly accepted $50,000 from undercover FBI agents prior to joining the administration on the understanding that he would help the donors gain access to the incoming Trump administration. A…
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Scaling Laws: AI and Young Minds: Navigating Mental Health Risks with Renée DiResta and Jess Miers
25 september 2025 · 1 uur
Alan Rozenshtein, Lawfare Senior Editor and Research Director; Renée DiResta, Lawfare Contributing Editor; and Jess Miers, visiting assistant professor of Law at the University of Akron School of Law, discuss the distinct risks that generative AI systems pose to children, particularly in relation to mental health. Lees meer
They explore the balance between the benefits and harms of AI, emphasizing the importance of media literacy and parental guidance. They also examine recent developments in AI safety measures and ongoing legal implications, highlighting the evolving landscape of AI regulation and liability.
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Lawfare Daily: Analyzing the Administration's New Counterdrug Approach
24 september 2025 · 53 min
Loren Voss, Public Service Fellow at Lawfare, sits down with Dan Byman, Lawfare Foreign Policy Editor and the Director of the Warfare, Irregular Threats, and Terrorism Program at the Center for Strategic and International Studies; Ryan Berg, Director of the Americas Program and Head of the Future of Venezuela Initiative also at CSIS; and Lawfare Senior Editor Scott R. Anderson. They talk about the new United States approach to drug smuggling, the lethal strikes against drug smuggling boats, and the ongoing counterdrug efforts in Mexico. Lees meer
Anderson applies international law to the facts as known on the military strikes on drug smuggling boats, highlighting the difficulties of treating drug smuggling as a “use of force” and a transnational criminal organization as a non-state armed group. Byman and Berg discuss the importance of the host government in dealing with terrorist or criminal threats, but are skeptical that the counterterrorism framing will be effective without also addressing the demand for drugs within the United States. The group ends with a discussion on how current strategies and legal analysis could be applied to other geographies or criminal groups.
Mentioned in this episode:
“Deploying U.S. Vessels to the Caribbean Is a Show of Force,” by Ryan Berg and Eric Farnsworth
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Lawfare Daily: What’s Behind Russian Incursions Into NATO
23 september 2025 · 1 uur 2 min
In this episode, Lawfare’s Ukraine Fellow Anastasiia Lapatina sits down with Minna Ålander, an associate fellow at Chatham House Europe Program, and Mykhailo Soldatenko, a scholar of international law and a doctoral candidate at Harvard Law School, to discuss Russia’s recent air incursions into Poland and Estonia, and whether NATO’s response to it has been proportional. Lees meer
For more, read a report about Russian hybrid warfare co-authored by Minna Ålander.
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Lawfare Daily: The Trials of the Trump Administration, Sept. 18
22 september 2025 · 1 uur 34 min
In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Anna Bower, Eric Columbus, and Roger Parloff to discuss Kash Patel’s testimony in front of Congress, a preliminary injunction preventing the Trump administration from deporting some Guatemalan children, updates in Fed. Governor Lisa Cook’s challenge to President Trump’s attempt to remove her, and so much more. Lees meer
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Lawfare Archive: Jane Bambauer, Ramya Krishnan, and Alan Rozenshtein on the Constitutionality of the TikTok Bill
21 september 2025 · 43 min
From September 18, 2024: Jane Bambauer, Professor at Levin College of Law; Ramya Krishnan, Senior Staff Attorney at the Knight First Amendment Institute and a lecturer in law at Columbia Law School; Alan Rozenshtein, Associate Professor of Law at the University of Minnesota Law School and a Senior Editor at Lawfare, join Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare, to break down the D.C. Circuit Court of Appeals’ hearing in TikTok v. Garland, in which a panel of judges assessed the constitutionality of the TikTok bill. Lees meer
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Lawfare Archive: The Past, Present, and Future of War Powers with Brian Finucane and Matt Waxman
20 september 2025 · 1 uur 2 min
From September 12, 2024: Without new congressional authorization for its post-Oct. 7 operations in the Middle East, the Biden administration has sought to legally justify its military activities in the region based on the president’s constitutional authority and the application of existing statutory authorities to operations against new adversaries. These executive branch arguments are the outgrowth of similar arguments presidential administrations have made over the last few decades, largely related to the requirements in the War Powers Resolution. Lees meer
The International Crisis Group recently analyzed these arguments and related issues in a new report, “Bending the Guardrails: U.S. War Powers after 7 October.” Tyler McBrien and Matt Gluck of Lawfare spoke with Brian Finucane, a senior adviser for the U.S. Program at the International Crisis Group and an author of the report, and Matthew Waxman, a professor at Columbia Law School, about the Crisis Group’s report. They discussed the history relevant to the current war powers moment, how the Biden administration has continued to justify its operations without new legislative authority, and the possibility of war powers legal reform moving forward.
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Scaling Laws: AI Copyright Lawsuits with Pam Samuelson
19 september 2025 · 1 uur
On today's Scaling Laws episode, Lawfare Senior Editor and Research Director Alan Rozenshtein sits down with Pam Samuelson, the Richard M. Sherman Distinguished Professor of Law at the University of California, Berkeley, School of Law, to discuss the rapidly evolving legal landscape at the intersection of generative AI and copyright law. They dive into the recent district court rulings in lawsuits brought by authors against AI companies, including Bartz v. Anthropic and Kadrey v. Meta. They explore how different courts are treating the core questions of whether training AI models on copyrighted data is a transformative fair use and whether AI outputs create a “market dilution” effect that harms creators. They also touch on other key cases to watch and the role of the U.S. Copyright Office in shaping the debate. Lees meer
Mentioned in this episode:
"How to Think About Remedies in the Generative AI Copyright Cases," by Pam Samuelson in Lawfare
Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith
Bartz v. Anthropic
Kadrey v. Meta Platforms
Thomson Reuters Enterprise Centre GmbH v. Ross Intelligence Inc.
U.S. Copyright Office, Copyright and Artificial Intelligence, Part 3: Generative AI Training
Find Scaling Laws on the Lawfare website, and subscribe to never miss an episode.
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Lawfare Daily: A Trip Through Pennsylvania’s Nascent AI Data Center Industry
18 september 2025 · 44 min
On today’s episode, Lawfare Managing Editor Tyler McBrien sits down with with Maia Woluchem, the Director of Data & Society’s Trustworthy Infrastructures program, along with one of the program’s researchers, Livia Garofalo, and Joan Mukogosi, an affiliate with the program and a PhD candidate at the London School of Economics. They discuss their recent research trips across Pennsylvania, where they learned about the state’s industrial histories and futures, as well as the immediate and potential future impacts of the nascent AI data center industry. Lees meer
Read more on the work of Data & Society’s Trustworthy Infrastructures program here:
“Digital Infrastructures, Material Consequences: A Road Trip Through Pennsylvania’s Industrial Histories and Technological Futures”
“In Pennsylvania, a Nuclear Revival for an Uncertain AI Future”
“Data Centers Aren’t the Future of American Prosperity”
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Rational Security: The “Ten Years, Still Off-Key” Edition
17 september 2025 · 1 uur 47 min
For this week's very special episode on Rational Security's 10th anniversary, Scott sat down with a slew of co-hosts emeritus, each of whom brought their own topic to discuss. Lees meer
Shane Harris flagged the connections between online radicalization and the young men behind many recent public acts of gun violence, including the alleged perpetrator of the Charlie Kirk killing;
Benjamin Wittes insisted we are STILL not talking enough about Russian drone incursions and other forms of gray zone warfare in Eastern Europe;
Quinta Jurecic brought some statistics about the success (or not) of the Trump administration's federalization of law enforcement in D.C. (and elsewhere) that are worth contemplating; and
Alan Rozenshtein asked how it can still be true that no one but him seems to care about the Trump administration blatantly disregarding the TikTok ban.
In object lessons, Shane is basking in the glory of HBO’s “Somebody Somewhere”—partly because his buddy Jeff Hiller just won an Emmy for his role in it. Ben praises Adam Boehler—and even Donald Trump—for helping secure Elizabeth Tsurkov’s release. Alan is definitely not using this opportunity to use Pacific Rim for his object lesson—really—instead recommending fantasy mystery “The Tainted Cup,” by Robert Jackson Bennett. Scott takes us into orbit with Samantha Harvey’s “Orbital,” a lyrical meditation on life and reflection in space. And Quinta dives into the future with “Empire of AI,” by Karen Hao, a deeply reported look at OpenAI and its role in shaping the technology’s trajectory
Last call to help us celebrate Lawfare’s 15th anniversary! Get your tickets now to join us this Friday, 9/19, to hear from some of your favorite Lawfare people past and present, take a look back on the key moments that have shaped our first 15 years, and get a sneak peek into what’s coming next.
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 dona…
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Lawfare Daily: What Israel's Gaza City Offensive and Airstrikes in Qatar Mean for the Region
17 september 2025 · 1 uur 7 min
For today's episode, Senior Editor Scott R. Anderson sits down with Dan Byman, Senior Fellow at the Center for Strategic and International Studies; Joel Braunold, Managing Director of the S. Daniel Abraham Center for Middle East Peace; and Natan Sachs, Senior Fellow at the Middle East Institute, to discuss several recent developments in the Israel-Hamas conflict and the broader region. Lees meer
Together, they discuss Israel's latest offensive in Gaza, its decision to launch airstrikes against Hamas's leadership in Qatar, and Benjamin Netanyahu's recent meeting with Secretary of State Marco Rubio—and what it all says about his (and Donald Trump's) vision for a new regional order.
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Lawfare Daily: The Litigation Challenging Pres. Trump's Alien Enemies Act, with Lee Gelernt
16 september 2025 · 48 min
Lee Gelernt, Deputy Director of the ACLU's Immigrants' Rights Project, speaks to Senior Editor Roger Parloff about the cases he has led challenging the validity of Pres. Trump's Alien Enemies Act Proclamation. Lees meer
They discuss the ACLU's recent victory in the U.S. Court of Appeals for the Fifth Circuit and the status of the group's original case, in Washington, D.C., including its attempt to inquire into whether Executive Branch officials defied court orders.
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Lawfare Daily: The Trials of the Trump Administration, Sept. 12
15 september 2025 · 1 uur 43 min
In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Scott Anderson, Anna Bower, Eric Columbus, and Roger Parloff and Lawfare Public Service Fellow Michael Feinberg to discuss the Supreme Court staying a lower court order that prevented the firing of Rebecca Slaughter as FTC Commissioner, a federal appeals court upholding E. Jean Carroll’s judgement, Fed. Governor Lisa Cook’s lawsuit challenging President Trump’s attempt to fire her, the politicization of the FBI and its impact on investigations like the search for Charlie Kirk’s shooter, 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. Lees meer
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Lawfare Archive: What the ‘Kids’ Think of NATO with Rachel Rizzo
14 september 2025 · 31 min
From June 3, 2024: Rachel Rizzo, a nonresident senior fellow at the Atlantic Council’s Europe Center, joins Lawfare Managing Editor Tyler McBrien to talk about last month’s NATO Youth Summit. Building off of her chapter “NATO, Public Opinion, and the Next Generation: Remaining Relevant, Remaining Strong,” in the 2021 book, “NATO 2030: Towards a New Strategic Concept and Beyond,” Rizzo discusses what NATO thinks of Gen Z and Millennials, the many efforts the Alliance is making to pitch to them its relevance and purpose, and the ways in which NATO could better integrate youth voices into discussions about the Alliance’s future. She also explains how and why Gen Z and Millennial views on NATO, foreign policy, and America’s changing role in the world differ from older generations. And yes, they even discuss Taylor Swift and Olivia Rodrigo. Lees meer
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Lawfare Archive: Brian Winter on the Imminent Election Crisis in Brazil
13 september 2025 · 32 min
From September 27, 2022: In just under a week, on October 2, Brazil will hold the first round of its general election, which will determine the country's next president. To talk through all things Brazilian politics, Lawfare managing editor Tyler McBrien sat down with Brian Winter, editor-in-chief of Americas Quarterly and a journalist with over a decade of experience living and reporting across Latin America. They discussed the leading candidates, Jair Bolsonaro and Luiz Inácio Lula da Silva, the potential election crisis, and what's at stake as Brazilians head to the polls on Sunday. Lees meer
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Scaling Laws: The State of AI Safety with Steven Adler
12 september 2025 · 49 min
Steven Adler, former OpenAI safety researcher, author of Clear-Eyed AI on Substack, and independent AGI-readiness researcher, joins Kevin Frazier, AI Innovation and Law Fellow at the University of Texas School of Law and Senior Fellow at Lawfare, to assess the current state of AI testing and evaluations. The two walk through Steven’s views on industry efforts to improve model testing and what he thinks regulators ought to know and do when it comes to preventing AI harms. Lees meer
Thanks to Leo Wu for research assistance!
Find Scaling Laws on the Lawfare website, and subscribe to never miss an episode.
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Rational Security: The “Trump Ruined My Dinner” Edition
11 september 2025 · 1 uur 10 min
This week, Scott sat down with his Lawfare colleagues Benjamin Wittes and Natalie Orpett, and Professor of Law at Cardozo Law School Rebecca Ingber, to talk through the week’s big national security news, including: Lees meer
“Uninvited Aerial Vehicles.” The Polish government is claiming that nineteen armed Russian UAVs penetrated its airspace last night. While Russians are suggesting no attack was intended, Poland has invoked Article IV of the NATO Treaty and worked with allied NATO aircraft to shoot the drones down. What might be happening here? And does it mean we’re on our way to World War III as some are suggesting?
“Bibi is a Killer Negotiator. No, Wait—Switch That.” Within days of the Trump administration tabling another ceasefire proposal—and, by some accounts, making progress in pressuring Hamas to accept it—Israeli Prime Minister Benjamin Netanyahu authorized a set of missile strikes that killed the leaders of Hamas’s political wing in nearby Qatar. It’s the first such move in a Gulf country, many of which have moved towards normalization with Israel through the Trump-backed Abraham Accords. What explains Israel’s actions? And what do they portend for the conflict in Gaza and the region as a whole?
“Cruise Control.” A week has passed since the Trump administration took the controversial step of targeting a boat alleged to be smuggling narcotics at the direction of the Venezuelan criminal organization Tren de Aragua with lethal force. The Trump administration hasn’t repeated the move, but it’s said it intends to. And U.S. military assets—including strategic assets whose use in a counter-narcotics military campaign is far from clear—have continued to build up in the region, leading some to believe that a broader campaign against Venezuela itself may yet be in the offing. How likely is a broader campaign? And could its implications be, legally and politically?
In Object Lessons, Ben is cheering on a cadre of former FBI agents suing Kash Patel over their firings, an…
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Lawfare Daily: The 9/11 Case in Guantanamo
11 september 2025 · 1 uur 7 min
Twenty-four years ago today, two planes crashed into the World Trade Center in New York, another hit the Pentagon, and another went down in a field in Pennsylvania. It was the worst terrorist attack on U.S. soil in American history. But the men the United States accuses of perpetrating the attacks haven't been held accountable. In fact, they haven't even gone to trial. Lees meer
For today's podcast, Executive Editor Natalie Orpett talks with John Ryan, a journalist at Lawdragon and author of the book, “America's Trial: Torture and the 9/11 Case on Guantanamo Bay,” to help explain why. They talk about John's 10 years covering the 9/11 case, why it's so hard to report from Guantanamo, why the case has been bogged down in pretrial proceedings for over a decade, and what torture has to do with it all.
Note: Orpett referred to Lawfare's recent coverage of the 9/11 case, including pieces about Secretary Austin's withdrawal, the military commission's ruling upholding the pleas, the D.C. Circuit's reversal, and the recent suppression ruling in the Ammar al Baluchi case.
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Lawfare Daily: Adam Chan on the FCC’s Growing Role in National Security
10 september 2025 · 55 min
For today’s episode, Lawfare Senior Editor Scott R. Anderson and Contributing Editor Brandon Van Grack sit down with Adam Chan, the first National Security Counsel at the Federal Communications Commission (FCC), to discuss the FCC’s increasingly important role in U.S. national security policy. Lees meer
Together they discuss the origins of the FCC’s role in national security, how and why it has grown in an era of major power competition, and several of the initiatives they currently have underway.
Since recording, the FCC has taken further action on one such issue: the problem of “bad labs.” You can read their press release here.
This episode is part of the special “The Regulators” podcast series, which features conversations with senior officials working at the intersection of national security and the economy.
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Lawfare Daily: Sanctions, Speech, and Sovereignty in Brazil
9 september 2025 · 56 min
For today’s episode, Lawfare Contributing Editor Renée DiResta interviews Joan Barata, Visiting Professor at the Catholic University of Porto; Laís Martins, journalist at The Intercept Brazil and Fellow at Tech Policy Press; and James Görgen, adviser to Brazil’s Ministry of Development, Industry, Trade, and Services, to discuss the dramatic intersection of tech policy and geopolitical pressure unfolding in Brazil. They discuss the trial of former President Jair Bolsonaro for his role in the January 8 insurrection, the legal battles surrounding social media regulation and platform liability, the influence of Supreme Court Justice Alexandre de Moraes, and the controversy sparked by U.S. sanctions and tariffs. Together, they examine whether the intersection of tech and geopolitics in Brazil is an outlier—or a preview of what’s coming for democracies worldwide. Lees meer
Read more on this topic from this episode’s guests:
“Trump’s Attack on Brazil’s Sovereignty May Backfire on US Tech Firms,” by Laís Martins
“Trump’s New Brazil Tariffs Aren’t About Trade, and They’re Not About Free Speech,” by Laís Martins
“Brazil’s Supreme Court Overturns Platform Liability Rules—Now Comes the Challenge of What’s Next,” by Laís Martins
"Brazil Has a Bridge to Defending the Internet," by James Görgen
"O Vale do Silício contra a parede?" by James Görgen
"O sequestro da soberania digital," by James Görgen
"Felca, Trump e fatiamentos digitais," by James Görgen
“Regulating Online Platforms Beyond the Marco Civil in Brazil: The Controversial ‘Fake News Bill,’”by Joan Barata
“JOTA: Dilemmas of Platform Regulation in Brazil,” by Joan Barata
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Lawfare Daily: The Trials of the Trump Administration, Sep 5
8 september 2025 · 1 uur 38 min
In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Roger Parloff and Scott Anderson, Lawfare Public Service Fellow Loren Voss, and the Brennan Center's Katherine Yon Ebright to discuss the ongoing activation of National Guard in the District of Columbia, the Trump Administration's lethal strike in the Caribbean, and Harvard University's win over its funding fight in federal court. 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. Lees meer
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Lawfare Archive: How the FBI is Combating Cyberattacks, with Brett Leatherman
7 september 2025 · 54 min
From March 28, 2024: One of the gravest threats to U.S. national security today—and also one of the newest—is the risk of cyberattacks. They come in many forms, and they can incapacitate companies, institutions, and even the government. Lees meer
To better understand these threats—and how the government is responding to them—Lawfare Executive Editor Natalie Orpett and Lawfare Contributing Editor Brandon Van Grack sat down with Brett Leatherman, Deputy Assistant Director for Cyber Operations at the FBI. They discussed the FBI's recent operations, threats from both state actors and criminal gangs, and the role of the private sector in U.S. cybersecurity.
This is the latest episode in our special series, “The Regulators,” co-sponsored with Morrison Foerster, in which we talk with senior government officials working at the front lines of U.S. national security policy.
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Lawfare Archive: A Conversation with an Exiled Venezuelan Opposition Leader
6 september 2025 · 26 min
From August 22, 2024: Anastasiia Lapatina is a Kyiv-based Ukraine Fellow at Lawfare. Leopoldo Lopez is a Venezuelan opposition leader living in exile in Madrid, after escaping prison for leading protests against Nicolás Maduro in 2014. Lapatina and Lopez discuss the results of Venezuela’s recent presidential election, ties between Venezuela’s autocrat Nicolás Maduro and other dictatorships, and the path forward for Venezuela after the rigged election. Lees meer
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Lawfare Daily: U.S. Military Conducts Lethal Strike on Venezuelan ‘Drug Boat’
5 september 2025 · 1 uur
In a live conversation on Sept. 4, Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor Scott R. Anderson and Professor of Law at Cardozo Law School Rebecca Ingber to discuss the U.S. strike on an alleged “drug boat” traveling from Venezuela, the president’s authority to use lethal force outside of war, and more. Lees meer
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Scaling Laws: Contrasting and Conflicting Efforts to Regulate Big Tech: EU v. U.S.
5 september 2025 · 47 min
Anu Bradford, Professor at Columbia Law School, and Kate Klonick, Senior Editor at Lawfare and Associate Professor at St. John's University School of Law, join Kevin Frazier, AI Innovation and Law Fellow at the University of Texas School of Law and a Senior Editor at Lawfare, to assess the ongoing, contrasting, and, at times, conflicting regulatory approaches to Big Tech being pursued by the EU and U.S. The trio start with an assessment of the EU’s use of the Brussels Effect, coined by Anu, to shape AI development. Next, they explore the U.S.’s increasingly interventionist industrial policy with respect to key sectors, especially tech. Lees meer
Read more:
Anu’s op-ed in The New York Times
"The Impact of Regulation on Innovation," by Philippe Aghion, Antonin Bergeaud, and John Van Reenen
Draghi Report on the Future of European Competitiveness
Find Scaling Laws on the Lawfare website, and subscribe to never miss an episode.
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Lawfare Daily: Wargaming a Chinese Blockade of Taiwan
4 september 2025 · 34 min
For today's episode, Lawfare Foreign Policy Editor Daniel Byman interviews Mark Cancian, a Senior Adviser with the Center for Strategic and International Studies, to assess the impact and implications of a Chinese blockade of Taiwan. Cancian discusses why China might choose blockade over an outright invasion, how the blockade might affect Taiwan, the risks of escalation, and what the United States and Taiwan must do to make a blockade less likely and less risky. Lees meer
For more, take a look at “Lights Out? Wargaming a Chinese Blockade of Taiwan,” a recent CSIS report by Mark F. Cancian, Matthew F. Cancian, and Eric Heginbotham.
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Rational Security: The “Master of the House” Edition
3 september 2025 · 1 uur 20 min
This week, Scott sat down with his Lawfare colleagues Anna Bower, Tyler McBrien, and Peter Harrell to talk through the week’s big national security news stories, including: Lees meer
“Faginomics.” With the recent announcement that the U.S. government would be taking a 10% stake in the company Intel, the Trump administration has ushered in a new era of state-guided industrial policy, fueled by concerns of major power competition, particularly around the race to AI. How does this new policy intersect with its other novel economic priorities, such as the imposition of tariffs? And how legally viable is it, given present (and potentially future) legal challenges?
“Ménage à Trois.” On the margins of the recent meeting of the China- and Russia-led Shanghai Cooperation Organisation, Indian Prime Minister Narendra Modi made a point of warmly (and very publicly) embracing Russian President Vladimir Putin and Chinese President Xi Jinping—a move many have taken as a clear shot across the bow at the Trump administration, which has been in heated economic negotiations with India over tariffs and trade relations. What does this exchange say about the Trump administration’s handling of the U.S. relationship with India—and other key U.S. relationships?
“Midnight Planes Going Nowhere.” In an emergency hearing over the holiday weekend, federal judge Sparkle Sooknanan stopped the Trump administration from deporting hundreds of unaccompanied Guatemalan minor migrants to their home country—a move that the government of Guatemala has now claimed that it invited. What should we make of this move by the Trump administration? And how does it fit within its broader immigration crackdown?
In object lessons, Tyler biked to City Island, NY, discovering a charming little enclave with great food, shops, and beaches. Sticking with the New York theme, Anna recommends “John Proctor is the Villain,” a play by a writer from her Georgia hometown that’s so good it’s making women cry. Scott, meanwhile, left N…
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Lawfare Daily: Federal Judges Rule Against Trump on National Guard Deployment, Tariffs, and Removal of Migrant Children to Guatemala
3 september 2025 · 56 min
In a live conversation on Sept. 2, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Scott R. Anderson, Anna Bower, and Lawfare Public Service Fellow Loren Voss to discuss Sunday’s emergency hearing in L.G.M.L. et al. v. Kristi Noem—in which Judge Sparkle Sooknanan blocked the Trump administration’s plans to send unaccompanied migrant children to Guatemala—Judge Charles Breyer’s ruling in Newsom v. Trump which found that President Trump’s use of the National Guard and U.S. Marines in Los Angeles violated the Posse Comitatus Act, and the Federal Circuit Court of Appeals ruling striking down Trump’s tariffs on International Emergency Economic Powers Act grounds. Lees meer
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Lawfare Daily: Pocket Rescissions in Congress
2 september 2025 · 36 min
On today’s episode, Molly Reynolds, Contributing Editor at Lawfare and Senior Fellow at Brookings, sits down with Zach Price, Associate Professor of Law at UC Law San Francisco, and Phil Wallach, Senior Fellow at the American Enterprise Institute, to discuss pocket rescissions as an approach to cancelling funds previously approved by Congress. They cover whether the practice is legal, how it threatens Congress’s institutional power, and how they fit in with broader efforts by the Trump administration. Lees meer
For more, take a look at the following pieces on Lawfare:
“Past Pocket Rescissions Are Not Precedents for Power Vought Claims,” by Cerin Lindgrensavage and William Ford
“Lawfare Daily: The President, Congress, and the Power of the Purse,” with Molly Reynolds, Matt Lawrence, Eloise Pasachoff, and Zachary Price
“Pocket Rescissions: Legal Controversy and Political Meaning,” by Philip Wallach
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The Trials of the Trump Administration, Aug. 29
1 september 2025 · 1 uur 49 min
In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Anna Bower and Scott Anderson, Lawfare contributor James Pearce, Lawfare Public Service Fellow Loren Voss, and The Atlantic staff writer Quinta Jurecic to discuss the legality of the Trump administration’s cancellation of $4.9 billion in foreign aid funding using a “pocket rescission,” how that impacts ongoing litigation surrounding foreign aid grant cancellations, the expanding role of the Pentagon in domestic law enforcement in D.C. and across the country, Fed. Governor Lisa Cook’s lawsuit challenging President Trump’s attempt to remove her from the Board of Governors of the Federal Reserve, 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. Lees meer
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Lawfare Archive: Richard Albert on Constitutional Resilience Amid Political Tumult
31 augustus 2025 · 47 min
From August 23, 2024: Richard Albert, William Stamps Farish Professor in Law, Professor of Government, and Director of Constitutional Studies at the University of Texas at Austin, joins Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare, to conduct a comparative analysis of what helps constitutions withstand political pressures. Richard’s extensive study of different means to amend constitutions shapes their conversation about whether the U.S. Constitution has become too rigid. Lees meer
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Lawfare Archive: The Wagner Group, One Year After Prigozhin with Vanda Felbab-Brown
30 augustus 2025 · 39 min
From August 28, 2024: On today’s episode, Vanda Felbab-Brown, Director of the Initiative on Nonstate Armed Actors, Co-Director of the Africa Security Initiative, and Senior Fellow in Foreign Policy at the Brookings Institution joins Lawfare Managing Editor Tyler McBrien to help make sense of the recent skirmishes in northern Mali between the junta, separatist groups, Islamists, and Russian mercenaries. Lees meer
They discuss what the recent ambush in Mali portends for Russian and Russian-aligned mercenaries' activities in Africa and look back at how Moscow has restructured and reframed the Wagner Group in the year since the death of its former head, Yevgeny Prigozhin.
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Scaling Laws: Uncle Sam Buys In: Examining the Intel Deal
29 augustus 2025 · 48 min
Peter E. Harrell, Adjunct Senior Fellow at the Center for a New American Security, joins Kevin Frazier, AI Innovation and Law Fellow at the University of Texas School of Law and a Senior Editor at Lawfare, to examine the White House’s announcement that it will take a 10% share of Intel. They dive into the policy rationale for the stake as well as its legality. Peter and Kevin also explore whether this is just the start of such deals given that President Trump recently declared that “there will be more transactions, if not in this industry then other industries.” Lees meer
Find Scaling Laws on the Lawfare website, and subscribe to never miss an episode.
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Lawfare Daily: Unpacking Security Guarantees for Ukraine
28 augustus 2025 · 59 min
On today’s episode, Lawfare’s Ukraine Fellow Anastasiia Lapatina sits down with Eric Ciaramella, a Senior Fellow at the Carnegie Endowment for International Peace and Lawfare Contributing Editor, to discuss the history of American security commitments abroad and how it can help inform the debate around security guarantees for Ukraine. Lees meer
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Rational Security: The “Room Raider” Edition
27 augustus 2025 · 1 uur 19 min
This week, Scott sat down with old and new Lawfare colleagues—Benjamin Wittes, Renée DiResta, and Michael Feinberg—to talk through the week’s big national security news stories, including: Lees meer
“An Old Fashioned Anti Raid.” Former Trump National Security Advisor (turned Trump critic) John Bolton got a rude awakening this past week when the FBI conducted a raid at his home, reportedly on the grounds that he is believed to have retained classified information from his time in office. It’s the latest in a recent spate of (well publicized) investigations targeting Trump’s critics and enemies, including a series of mortgage fraud investigations into Federal Reserve governor Lisa Cook (who Trump now purports to have removed for cause), New York Attorney General Letitia James (which coincided with a photo shoot that Justice Department official Ed Martin did, uninvited, outside of her home), and Senator Adam Schiff. How big a threat are such investigations to Trump’s enemies? And what will their long-term implications be for the Justice Department?
“Uncleared and Present Danger.” Last week, Director of National Intelligence Tulsi Gabbard pulled security clearances from 37 current and former intelligence officials on the purported grounds that they had “abused the public trust by politicizing and manipulating intelligence, leaking classified intelligence without authorization, and/or committing intentional egregious violations of tradecraft standards.” Those affected range from current senior intelligence officials to former officials who have been out of government for years to current senior congressional staffers. What are the consequences likely to be of Gabbard’s actions and what does it show about the Trump administration’s approach to national security agencies?
“Blue Sky Thinking.” In response to a state law mandating age verification for anyone seeking to use social media platforms, Bluesky has opted to shut down its services in the state of Mississippi. What does th…
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Lawfare Daily: ‘War in the Smartphone Age,’ with Matthew Ford
27 augustus 2025 · 59 min
Matthew Ford, Associate Professor at Swedish Defence University and author of “War in the Smartphone Age: Conflict, Connectivity, and the Crises at Our Fingertips,” joins Lawfare’s Justin Sherman to discuss the role of smartphones and related technologies in war, how social media contributes to a collapse of context in the war content we see online, and how smartphones and other devices are reshaping open-source intelligence (OSINT) and open-source investigations (OSINV) vis-a-vis conflicts and violence from Syria to Ethiopia to Ukraine. They also discuss the tech stack in war, how the military “kill chain” is evolving with ever-greater digital connectivity, the current state and future of “participatory warfare,” and how we can become better consumers—and sharers—of war-related content online. Lees meer
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Lawfare Daily: Defending Ukraine Outside NATO with Michael O'Hanlon and Andriy Zagorodnyuk
26 augustus 2025 · 55 min
Lawfare Contributor Mykhailo Soldatenko sits down with Michael O'Hanlon, Director of Foreign Policy Research and Senior Fellow at the Brookings Institution, and Andriy Zagorodnyuk, Chairman of the Centre for Defence Strategies in Kyiv, a former Ukrainian Defence Minister, and a nonresident scholar at Carnegie Endowment for International Peace, to discuss ways of defending Ukraine from present and future Russian attacks in the absence of NATO membership. Lees meer
Please see the following policy proposals relevant to the discussion:
“Defending Ukraine in the Absence of NATO Security Guarantees,” by Paul B. Stares and Michael O'Hanlon
“Ukraine's New Theory of Victory Should be Strategic Neutralization,” by Andriy Zagorodnyuk
“Exploring Ukraine’s Armed Neutrality or Nonalignment: Legal and Policy Considerations,” by Mykhailo Soldatenko
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Lawfare Daily: The Trials of the Trump Administration, Aug. 22
25 augustus 2025 · 1 uur 34 min
In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Anna Bower, and Roger Parloff, and Lawfare contributor James Pearce to discuss the FBI’s execution of a search warrant at John Bolton’s house, a federal judge ruling that Alina Habba was unlawfully serving as a U.S. attorney for New Jersey, Kilmar Abrego Garcia’s motion to dismiss his indictment for selective prosecution and his return to Maryland, a decision voiding the fine in the civil fraud case against President Trump, the Supreme Court’s ruling in NIH v. APHA, 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. Lees meer
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Lawfare Archive: Inside Ukraine’s Drone Campaign Against Russia
24 augustus 2025 · 39 min
From August 1, 2024: Anastasiia Lapatina is a Kyiv-based Ukraine Fellow at Lawfare. Marcel Plichta is a Fellow at the Centre for Global Law and Governance at the University of St. Andrews, and a former analyst at the U.S. Department of Defense who currently works as an instructor at the Grey Dynamics Intelligence School. Lees meer
For this episode, Lapatina sat down with Plichta to discuss Ukraine’s ongoing drone campaign against Russia, Ukraine’s choice of targets deep inside Russian territory, and the future of drone warfare around the world.
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Lawfare Archive: Domestic Deployment of the National Guard
23 augustus 2025 · 1 uur 22 min
From May 3, 2024: Over the past several years, governors around the country from both political parties have used their respective National Guards for an increasingly unconventional array of domestic missions, ranging from teaching in public schools to regulating immigration at the southern border. To discuss how this trend may impact the National Guard—and our broader democracy, particularly in this pivotal election year—Lawfare Senior Editor Scott R. Anderson recently sat down with a panel of senior former National Guard and Defense Department officials, including: General Craig McKinley, General Joseph Lengyel, Brigadier General Allyson Solomon, Major General Daryl Bohac, and former Assistant Secretary of Defense Dr. Paul Stockton. Lees meer
A video recording of the panel is available at https://www.brookings.edu/events/domestic-deployment-of-the-national-guard/.
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Lawfare Daily: The European Court of Human Rights Takes on Digital Rights in War, with Asaf Lubin and Deb Housen-Couriel
22 augustus 2025 · 47 min
For today's episode, Lawfare Senior Editor and General Counsel Scott R. Anderson sits down with Lawfare Contributing Editor and Indiana University Maurer School of Law professor Asaf Lubin and Hebrew University of Jerusalem professor Deborah Housen-Couriel to talk over the European Court of Human Rights' recent decision in Ukraine and the Netherlands v. Russia. Lees meer
Together, they discuss how the opinion lays new ground in discussing digital rights in wartime, what issues still need to be developed further, and what it all might mean for warfare in the future, both good and bad.
For more, read Asaf and Deb’s latest piece on Lawfare, “Digital Rights in Armed Conflict and the Ukraine v. Russia Decision.”
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Scaling Laws: Export Controls: Janet Egan, Sam Winter-Levy, and Peter Harrell on the White House's Semiconductor Decision
21 augustus 2025 · 55 min
Alan Rozenshtein, Research Director at Lawfare, sits down with Sam Winter-Levy, a Fellow in the Technology and International Affairs Program at the Carnegie Endowment for International Peace; Janet Egan, a Senior Fellow with the Technology and National Security Program at the Center for a New American Security; and Peter Harrell, a Nonresident Fellow at Carnegie and a former Senior Director for International Economics at the White House National Security Council under President Joe Biden. Lees meer
They discuss the Trump administration’s recent decision to allow U.S. companies Nvidia and AMD to export a range of advanced AI semiconductors to China in exchange for a 15% payment to the U.S. government. They talk about the history of the export control regime targeting China’s access to AI chips, the strategic risks of allowing China to acquire powerful chips like the Nvidia H20, and the potential harm to the international coalition that has worked to restrict China’s access to this technology. They also debate the statutory and constitutional legality of the deal, which appears to function as an export tax, a practice explicitly prohibited by the Constitution.
Mentioned in this episode:
The Financial Times article breaking the news about the Nvidia deal
The Trump Administration’s AI Action Plan
Find Scaling Laws on the Lawfare website, and subscribe to never miss an episode.
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Rational Security: The “Whole Etsy Store of Horrors” Edition
20 augustus 2025 · 1 uur 26 min
This week, Scott sat down with his colleagues Anna Bower, Chris Mirasola, and Mykhailo Soldatenko to talk through the week’s big national security news, including: Lees meer
“Wings and a Prayer.” The Ukraine conflict has been the subject of intense shuttle diplomacy over the past week, as President Trump and Russian President Vladimir Putin flew to a meeting in Alaska last Friday, only for Ukrainian President Volodymyr Zelenskyy and a cadre of European leaders to fly to Washington, DC, to meet with Trump yesterday at the White House. What do we know about their conversations? And could this be a turning point in the conflict?
“Capital Offense.” It’s been more than a week since President Trump chose to make law enforcement in Washington, DC—a city he has derided as “taken over by violent gangs and bloodthirsty criminals”—a national priority, by deploying hundreds of National Guard personnel and federal law enforcement officers to the streets and seeking to assert federal control over the police department, in ways that triggered a legal challenge by the city. What is motivating this major policy effort? And where does it seem likely to lead?
“The Ep Files: I Want to Believe.” The Trump administration is reportedly installing a new “co-”deputy director at the FBI, in part because of controversy the current incumbent—former right-wing radio host Dan Bongino—has courted relating to the release of the so-called “Epstein Files.” And it’s indicative of the major problems that these files—and the potential that they may say something about President Trump’s relationship with the notorious sex offender for whom they are named—are causing President Trump and his administration. What’s driving this rare point of dissent among the president’s core supporters? And what ramifications could it have for our justice system?
In object lessons, Anna hyped a new Kelce brothers podcast episode that featured some girl that Travis is dating. Chris recommended a crafty parenting hack: taking yo…
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Lawfare Daily: FCC’s New Submarine Cable Rules with Adam Chan
20 augustus 2025 · 48 min
Adam Chan, National Security Counsel at the Federal Communications Commission (FCC) and inaugural Director of the FCC’s new Council on National Security, joins Lawfare’s Justin Sherman to discuss the FCC’s rulemaking on submarine cables and national security. They discuss the FCC’s new submarine cable rules, the role of submarine cables in the U.S. telecommunications supply chain and in the data and AI era, and the national security risks facing submarine cable infrastructure. They also discuss new requirements for submarine cable license applicants to make physical security and cybersecurity certifications, the objective of limiting Chinese influence on U.S.-tied submarine cables, and the future of how the FCC is thinking about threats, responses, and engagement with industry to address them. Lees meer
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Lawfare Daily: The Alaska Summit and Its Fallout
19 augustus 2025 · 1 uur 10 min
In a live conversation on August 18, Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Legal Fellow Mykhailo Soldatenko, Lawfare Ukraine Fellow Anastasiia Lapatina, and Carnegie Senior Fellow Eric Ciaramella about President Trump and Russian President Vladimir Putin’s meeting in Alaska on Aug. 15, Trump’s meeting with Ukrainian President Volodymyr Zelenskyy, and other European leaders, in the White House on Aug, 18, and what it all means for the future of the Russo-Ukrainian War. Lees meer
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Lawfare Daily: The Trials of the Trump Administration, Aug. 15
18 augustus 2025 · 1 uur 48 min
In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Scott Anderson, Anna Bower, and Roger Parloff, and Lawfare contributor Chris Mirasola to discuss D.C.’s lawsuit challenging the Trump administration’s attempts to assume control of the Metropolitan Police Department, litigation over the freezing of federal funds, the 3-day bench trial in Newsom v. Trump on the federalization of the California National Guard,updates in lawsuits over the president’s immigration policies, 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. Lees meer
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Lawfare Archive: The End of U.S. Ambition in the Middle East with Steven Cook
17 augustus 2025 · 58 min
From July 31, 2024: For this episode, Lawfare General Counsel and Senior Editor Scott R. Anderson sat down with Council on Foreign Relations Senior Fellow Steven Cook to discuss his new book, “The End of Ambition: America’s Past, Present, and Future in the Middle East.” Together, they examined the United States’ long history in the Middle East, how it successfully (and unsuccessfully) pursued its interests there, and what should come next after the failed transformations of the post-9/11 era. Lees meer
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Lawfare Archive: Ukraine Invades Russia
16 augustus 2025 · 1 uur 14 min
From August 14, 2024: Over the past week, Ukrainian forces have launched a major incursion into Russia proper, occupying 1,000 square kilometers in Kursk Oblast, which borders Ukraine. The operation, which caught both Russia and the United States by surprise, is the first major Ukrainian offensive in more than a year. In this episode, Lawfare Editor-in-Chief Benjamin Wittes sits down with Lawfare's Ukraine Fellow Anastasiia Lapatina and Eric Ciaramella of the Carnegie Endowment for International Peace to discuss the operation. What do we know amidst the Ukrainian media blackout? What is Ukraine trying to achieve militarily? How will the Kursk operation affect the other fronts in the ongoing war, in which Russia has been on the offensive? And what are the political implications of Ukraine occupying Russian territory? Lees meer
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