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Lawfare Daily: What French Politics Means for Europe and the United States
10 april 2025 · 59 min
On today's episode, Executive Editor Natalie Orpett spoke with Tara Varma, a fellow at the Brookings Institution, about the latest in French politics. On March 31, far-right leader Marine Le Pen was convicted of embezzlement and banned from politics, though polling showed her in the lead for the 2027 presidential elections. In the last few weeks, current French president Emmanuel Macron has been carving out a place for French leadership amidst the upheaval in Europe’s relationship with the United States. Meanwhile, the push to build European defense capacity—and Trump’s new tariffs—are raising a lot of complicated questions. Lees meer
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Lawfare Daily: Climate Security During the Trump Administration
9 april 2025 · 31 min
Lawfare Associate Editor for Communications Anna Hickey spoke to Director of the Center for Climate Security Erin Sikorsky about the omission of climate change from the Annual Threat Assessment, Director of National Intelligence Tulsi Gabbard’s testimony in front of Congress, and the national security risks of climate change. Lees meer
Read Sikorsky’s article here.
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Lawfare Daily: Trump’s New Global Tariffs and the Court Fights to Come, with Peter Harrell and Jennifer Hillman
8 april 2025 · 1 uur 3 min
For today’s episode, Lawfare General Counsel and Senior Editor Scott R. Anderson sat down with Lawfare Contributing Editor Peter Harrell, who was previously Senior Director for International Economics on the National Security Council, and Professor Jennifer Hillman of the Georgetown University Law Center, a former member of the WTO’s appellate body and senior U.S. trade official, to discuss the new global tariffs that President Trump imposed last week and the legal fight that is beginning to emerge over them. Lees meer
Together, they discussed how dramatic a break the Trump administration’s policies are from past practice, the logic behind them (or lack thereof), and whether his use of the International Emergency Economic Powers Act (IEEPA) to impose them will really survive judicial scrutiny.
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Lawfare Daily: The Trials of the Trump Administration, April 6
7 april 2025 · 1 uur 25 min
In a live conversation on April 4, Lawfare Senior Editor Scott R. Anderson sat down with Lawfare Senior Editors Anna Bower and Roger Parloff, Lawfare Legal Fellow James Pearce, and Georgetown professor Steve Vladeck to discuss the status of the civil litigation against President Trump’s executive actions, including the deportation of individuals to an El Salvador prison, the federal funding freeze, the targeting of law firms, and more. Lees meer
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Lawfare Archive: Government Use of Open-Source Information
6 april 2025 · 56 min
From January 26, 2024: In front of a live audience at the Knight Foundation's INFORMED conference in Miami, Florida, Lawfare Editor-in-Chief Benjamin Wittes spoke with Hon. Kenneth L. Wainstein, Under Secretary for Intelligence and Analysis at the Department of Homeland Security; Jameel Jaffer, Executive Director of the Knight First Amendment Institute at Columbia University; and Lawfare Senior Editor Quinta Jurecic about government surveillance of open source social media. Lees meer
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Lawfare Archive: Weaponizing the Dollar with Saleha Mohsin
5 april 2025 · 54 min
From March 20, 2024: Since World War II, the United States and its currency, the dollar, have come to play a central role in the broader global economy. And in recent decades, policymakers have used this role as a weapon, cutting off access to malign actors and punishing those who act contrary to U.S. national security interests. But cultivating such primacy has proven to be a double-edged sword, with more complicated ramifications for many Americans. Lees meer
In her new book “Paper Soldiers: How the Weaponization of the Dollar Changed the World Order,” Bloomberg reporter Saleha Mohsin digs into the history of the dollar’s role in the global economy and what its increasing weaponization may mean moving forward. Lawfare Senior Editor Scott R. Anderson recently joined Mohsin to discuss her new book and what we should all know about the new economic and political moment we are living through.
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Lawfare Daily: Hillary Hartley and David Eaves on 18F, Its Origin, Legacy, and Lesson
4 april 2025 · 42 min
Hillary Hartley, the former Chief Digital Officer of Ontario and former Co-Founder and Deputy Executive Director at 18F, and David Eaves, Associate Professor of Digital Government and Co-Deputy Director of the Institute for Innovation and Public Purpose at University College London, join Kevin Frazier, AI Innovation and Law Fellow at Texas Law and Contributing Editor at Lawfare, to discuss the recent closure of 18F, a digital unit within the GSA focused on updating and enhancing government technological systems and public-facing digital services. Hillary and David also published a recent Lawfare article on this topic, “Learning from the Legacy of 18F.” Lees meer
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Lawfare Daily: Escalation, Episode One: Chicken Kyiv
3 april 2025 · 39 min
For today’s episode, we’re bringing you the opening episode of our podcast Escalation. Escalation is a multi-part narrative podcast hosted by Lawfare Managing Editor Tyler McBrien and Ukraine Fellow Anastasiia Lapatina. Escalation lays bare the stakes of the Russo-Ukrainian War through powerful storytelling and compelling voices. It reveals forgotten promises and fragile alliances that have shaped the U.S.-Ukraine relationship and how the decisions of policymakers in Washington, Kyiv, and Moscow have global consequences. Lees meer
In Episode One: Chicken Kiev: The world watches the Cold War end and the Soviet Union break apart. And after centuries of Russian rule, Ukrainians may soon have their independence back. But in Washington, there’s fear that that independence could actually make the world more dangerous.
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Rational Security: The “Space Base Oddity” Edition
2 april 2025 · 1 uur 15 min
This week, Scott joined his Lawfare colleagues Natalie Orpett and Eric Ciaramella to talk through the week’s big national security news, including: Lees meer
“In Mother Russia, Sometimes Bear Poke You.” Discussions over a possible broader ceasefire in Ukraine—beyond the temporary (and limited) energy and Black Sea ceasefire agreements last week—appear to have ground to a halt over Russian demands. Many observers suspect this is simply a stalling technique by Russian President Vladimir Putin, as Russia prepares for another offensive intended to improve his negotiating leverage. President Trump, meanwhile, in a rare swipe at the Russian dictator, has said he’s “pissed off.” But will Trump bring leverage to bear enough for Putin to budge? Or are the ceasefire negotiations like to stay stuck in the mud—and, if so, will Trump know who to blame?
“Nuukin’ Futs.” Vice President J.D. Vance visited the northernmost U.S. military base in Greenland last week and delivered a speech in front of U.S. service members that accused Denmark of neglecting its Greenland protectorate and failing to adequately protect it from China and Russia—shortcomings that, in his telling, justify President Trump’s stated intent to gain U.S. control over the island nation. Is there any truth to Vance’s allegations? And will his remarks help or hurt the Trump administration’s purported objective of securing Greenland and improving U.S. access to its various resources?
“Third Term’s the Charm.” In an interview this week, President Trump insisted to reporters that he was serious about potentially pursuing a third term and suggested that there were “methods” by which he could do so, in spite of the 22nd Amendment’s two-term limitation on presidents. How seriously should we take his threat? Are there arguments that could carry water — and will it matter?
In object lessons, Natalie—tire-d of DC traffic—“spoke” highly of her beloved ebike. Scott, flying solo in NYC, curled up with his Kindle at Amor y Amargo, con…
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Lawfare Daily: Why Public Health is Critical to National Security
2 april 2025 · 56 min
Atul Gawande is a surgeon and a public health expert. He's also the former head of global health at the U.S. Agency for International Development (USAID), an agency that the Trump administration has prioritized for dismantling since its first day in office. On today's episode, Executive Editor Natalie Orpett sat down with Gawande to discuss what USAID does, the consequences of destroying it, and why public health is so important to U.S. national security. Lees meer
Editor's Note: This episode was recorded on March 27, 2025. The following day, the Trump administration announced that USAID would be dissolved by the end of this fiscal year.
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Lawfare Daily: Adam Thierer on the AI Regulatory Landscape
1 april 2025 · 38 min
Adam Thierer, Senior Fellow for the Technology & Innovation team at R Street, joins Kevin Frazier, the AI Innovation and Law Fellow at the UT Austin School of Law and a Contributing Editor at Lawfare, to review public comments submitted in response to the Office of Science and Technology Policy’s Request for Information on the AI Action Plan. The pair summarize their own comments and explore those submitted by major labs and civil society organizations. They also dive into recent developments in the AI regulatory landscape, including a major veto by Governor Youngkin in Virginia. Lees meer
Readings discussed:
Kevin on Vance’s America First, America Only Approach to AI
Keegan and Adam on AI Safety Treatises
Kevin on Proposed Firings at NIST
Dean and Alan on Preemption
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Lawfare Daily: The Trials of the Trump Administration, March 28
31 maart 2025 · 1 uur 30 min
On March 28, Lawfare Editor-in-Chief Benjamin Wittes will sit down with Lawfare Senior Editors Scott Anderson, Anna Bower, and Roger Parloff, Lawfare Contributing Editor James Pearce, and former ACLU National Legal Director David Cole to discuss the status of the civil litigation against President Trump’s executive actions, including the deportation of individuals under the Alien Enemies Act, the detention of Mahmoud Khalil, and the targeting of law firms. Lees meer
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Lawfare Archive: War Powers and the Latest U.S. Intervention in Yemen with Brian Finucane, Jack Goldsmith, and Matt Gluck
30 maart 2025 · 1 uur 5 min
From January 30, 2024: U.S. military operations against Houthi rebels in Yemen have escalated rapidly in recent weeks, culminating in a number of major strikes aimed at degrading their ability to threaten Red Sea shipping traffic. But the war powers reports the Biden administration has provided to Congress are raising questions about how it is legally justifying this latest military campaign. Lees meer
To discuss the burgeoning conflict in Yemen and what it might mean for war powers, Lawfare Senior Editor Scott R. Anderson sat down with Brian Finucane, Senior Adviser at the Crisis Group; Lawfare Co-founder and Harvard Law School Professor Jack Goldsmith; and Lawfare Research Fellow Matt Gluck. They talked about their recent pieces on the topic, what we know and don’t know about the administration’s legal theory, and what the law might mean for how the conflict evolves moving forward.
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Lawfare Archive: 'National Security, Leaks and Freedom of the Press'
29 maart 2025 · 53 min
From April 22, 2021: Jack Goldsmith sat down with Lee Bollinger, the president of Columbia University, and Geoffrey Stone, the Edward H. Levy Distinguished Service Professor at the University of Chicago Law School, to discuss their new book, "National Security, Leaks and Freedom of the Press: The Pentagon Papers Fifty Years On." They discussed the holding and legacy of the Pentagon Papers case, as well as some of the many challenges of applying the Pentagon Papers regime in the modern digital era that is characterized by massive leaks and a very different press landscape than the one that prevailed in 1971. Lees meer
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Lawfare Daily: Israel: Divided at Home and at War Yet Again
28 maart 2025 · 39 min
For today's episode, Lawfare Foreign Policy Editor Daniel Byman interviewed Natan Sachs, the Director of the Middle East Program of the Brookings Institution, to discuss Israel's turbulent domestic situation and the renewal of the conflicts in Gaza and Lebanon. Sachs explains Prime Minister Benjamin Netanyahu's political tactics, the controversies over the budget, judicial reform and the resulting protests, and the sacking of figures like Shin Bet chief Ronen Bar. Sachs also discusses why Israel has decided to renew operations in Gaza and Lebanon and why strikes on Iran are more likely than in the past. Lees meer
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Rational Security: The "New Phone, Houthis?" Edition
27 maart 2025 · 1 uur 33 min
This week, Scott sat down with his Lawfare colleagues Benjamin Wittes and Roger Parloff to talk through the week of the most Rational Security-esque of national security news stories ever, including: Lees meer
“Oopsec.” In a strong contender for the most ridiculous national security story of the year, senior Trump administration officials appear to have planned a series of airstrikes in Yemen that took place earlier this month through the social messaging app Signal—and they appear to have included The Atlantic’s Editor-in-Chief Jeffrey Goldberg by mistake, giving him access to detailed war plans and internal policy discussions that he has now (mostly) made public. How irresponsible were the Trump administration’s actions? And what will the consequences be of this mistake?
“Secrets, Lies, and Bureaucratic Red Tape.” The Trump administration employed the Alien Enemies Act to remove alleged members of the Venezuelan gang Tren de Aragua to a notorious prison in El Salvador last week, just before or perhaps just after (a point of ongoing inquiry) an order from a federal district court judge directed them not to. And now the Trump administration is invoking the state secrets privilege to avoid having to disclose more details regarding its policy choices. How firm is the legal ground that the Trump administration is operating on? And how will the courts handle it?
“How Do You Think We Keep These Shoes So White?” Leading white shoe law firm Paul, Weiss kissed the feet—or perhaps licked the boots—of President Trump this week in an effort to escape the highly discriminatory sanctions Trump recently imposed on them for their past ties with a lawyer who worked with the prosecution in his New York criminal case. What could their acquiescence mean for big law? And the legal industry more generally?
In object lessons, Roger is unwinding from court documents in English by diving into Walter Isaacson’s “Elon Musk” in French—because nothing says relaxation like a billionaire’s biography …
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Lawfare Daily: Attack Plans Shared on Signal Released by The Atlantic
27 maart 2025 · 45 min
In a live recording on March 26, Lawfare Editor-in-Chief Benjamin Wittes spoke to Shane Harris of The Atlantic to discuss the decision to release the text messages sent by Trump administration officials in the Houthi PC Small Group Signal group chat which accidentally included The Atlantic Editor-in-Chief Jeffrey Goldberg, testimony given in Congress by officials who were in the chat, and what accountability may look like. Lees meer
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Lawfare Daily: Shane Harris Talks ‘Houthi PC Small Group’
26 maart 2025 · 40 min
Shane Harris of The Atlantic joins Lawfare Editor-in-Chief Benjamin Wittes to talk about war planning on Signal, the Trump administration’s remarkable security lapse, and the testimony of the country’s intelligence chiefs that came in its wake. Lees meer
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Lawfare Daily: Tom Kent on the Dismantling of American Government Broadcasting
25 maart 2025 · 42 min
Tom Kent ran Radio Free Europe/Radio Liberty and is a longtime Russia watcher. He talks to Lawfare Editor-in-Chief Benjamin Wittes about President Trump’s executive order dismantling Voice of America and Radio Free Europe. Lees meer
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Lawfare Daily: The Trials of the Trump Administration, March 21
24 maart 2025 · 1 uur 29 min
On March 21, Lawfare Editor-in-Chief Benjamin Wittes sits down with Lawfare Senior Editors Anna Bower, Quinta Jurecic, and Roger Parloff to discuss the status of the civil litigation against President Trump’s executive actions, including DOGE’s incursions on the U.S. Institute of Peace, the invocation of the Alien Enemies Act, and the firing of probationary employees. Lees meer
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Lawfare Archive: Charles Dunst on Defeating the Dictators
23 maart 2025 · 56 min
From March 21, 2023: By many accounts, the United States is living through a new era of competition—not just between major powers and strategic rivals, but between ideologies. Around the world, many authoritarian governments seem to be on the rise, even as many liberal democracies are facing a crisis of confidence, including, by some accounts, here in the United States. Lees meer
In a new book entitled, “Defeating the Dictators,” Charles Dunst, a former journalist and current deputy director of research and analytics at The Asia Group, lays out what he sees as the right strategy for making democracies more effective and defeating the appeal of authoritarian government. Lawfare Senior Editor Scott R. Anderson sat down with him to discuss his new book, the importance he places on Singapore as a case study, and how the domestic remedies he focuses on translate into foreign policy.
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Lawfare Archive: El Salvador’s President Cracks Down on Gangs—and Democracy
22 maart 2025 · 1 uur 6 min
From May 9, 2023: Since March 2022, El Salvador has been under a state of exception as its President Nayib Bukele seeks to crack down on the country’s powerful gangs. Bukele, who once described himself on Twitter as the “world’s coolest dictator,” has engaged in a prolonged attack on El Salvador’s democratic institutions. And the crackdown has resulted in a range of human rights abuses. At the same time, Bukele really does seem to have been successful in curbing gang violence, and his popularity is sky high. Lees meer
To understand the situation in El Salvador, Lawfare Senior Editor Quinta Jurecic spoke with Manuel Meléndez-Sánchez, a PhD candidate in Political Science at Harvard University who has written about Bukele on Lawfare. They discussed why Bukele’s crackdown on the gangs seems to be working, why it might fall apart in the long term, and what Bukele’s rise means for democracy in El Salvador and around the world.
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Lawfare Daily: The U.S. Bombing of Yemen and the Houthi Response
21 maart 2025 · 22 min
For today's episode, Lawfare Foreign Policy Editor Daniel Byman interviewed Gregory Johnsen, a non-resident fellow at the Arab Gulf States Institute in Washington, D.C. Johnsen explains the rationale of the Trump administration's decision to bomb Yemen but argues that it will have little effect on the Houthis. Indeed, Johnsen contends that the Houthis are spoiling for a fight with the United States and Israel, believing that this will generate support within Yemen that will help them increase their power. Lees meer
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Lawfare Daily: Dan Hendrycks on National Security in the Age of Superintelligent AI
20 maart 2025 · 41 min
Dan Hendrycks, Director of the Center for AI Safety, joins Kevin Frazier, the AI Innovation and Law Fellow at the UT Austin School of Law and Contributing Editor at Lawfare, to discuss his recent paper (co-authored with former Google CEO Eric Schmidt and Scale AI CEO Alexandr Wang), “Superintelligence Strategy.” Lees meer
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Rational Security: The “Berry Boy Blue” Edition
19 maart 2025 · 1 uur 24 min
This week, Scott sat down with Rational Security veterans and Lawfare colleagues Benjamin Wittes and Molly Reynolds to talk through the week’s big national security news, including: Lees meer
“House Odds.” Speaker of the House Mike Johnson scored an unlikely win last week, when he kept the narrow (and notoriously fractious) Republican house majority united enough to pass its own continuing resolution to keep the government open—and then successfully got enough Democrats to acquiesce to debate on it for it to pass through the Senate without amendment. What does this tell us about the current dynamics in Congress—and what the Democratic minority in either chamber might realistically hope to achieve moving forward?
“This Pressure Goes to Eleven.” The Trump administration amped up military operations in the Middle East this week, taking out a senior ISIS leader in Iraq, pursuing an aggressive set of airstrikes against the Houthis in Yemen, and greenlighting a renewal of Israeli hostilities in Gaza, seemingly ending the weeks-long ceasefire that had prevailed there. The common thread across all three sets of action seems to be Iran, a regime that the Trump administration has both socked with a return of maximum pressure sanctions and sought to engage on possible negotiations over its nuclear program. Is this new maximum maximum-pressure campaign likely to work? What risks and benefits does it present?
“Saying the Quiet Part Incredibly Loud and at Length.” President Trump gave an unprecedented speech at the Justice Department last week, where he spent over an hour misrepresenting the criminal cases that had been made against him prior to his rising to the presidency and naming specific individuals as enemies who he indicated should be arrested. What motivated his address? And what will it mean for the campaign of vengeance he is slowly rolling out against his perceived political enemies?
In object lessons, Molly momentarily set aside her usual evangelism for regional NPR-affil…
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Lawfare Daily: The New Syrian Government and Its Problems
19 maart 2025 · 31 min
For today's episode, Lawfare Foreign Policy Editor Daniel Byman interviewed Steven Heydemann, the Director of the Middle East Studies Program at Smith College, to assess the fast-changing developments in Syria today. Heydemann discusses the surge in communal violence in Syria, the deal between the new Hayat Tahrir al-Sham-led government and Syria's Kurds, Israel's counterproductive interventions, and U.S. policy toward the new regime in Damascus. Lees meer
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Lawfare Daily: Derek Thompson on Abundance and a New Political Order
18 maart 2025 · 47 min
Derek Thompson, a senior editor at The Atlantic and co-author (with Ezra Klein) of Abundance, joins Renée DiResta, Associate Research Professor at the McCourt School of Public Policy at Georgetown and a Contributing Editor at Lawfare, and Kevin Frazier, AI Innovation and Law Fellow at the UT Austin School of Law and Contributing Editor at Lawfare, to discuss the theory of Abundance and its feasibility in an age of political discord and institutional distrust. Lees meer
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Lawfare Daily: The Trials of the Trump Administration, March 14
17 maart 2025 · 1 uur 31 min
In a live conversation on March 14, Lawfare Editor in Chief Benjamin Wittes, sat down with assistant professor of law at the University of Kentucky Matt Boaz and Lawfare Senior Editors Anna Bower and Scott Anderson to discuss legal challenges to the Trump administration’s executive actions, including the detention of permanent resident Mahmoud Khalil, the birthright citizenship executive order, dismantling of USAID, the firing of probationary employees across the federal government, and more. Lees meer
You can find information on legal challenges to Trump administration actions here.
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Lawfare Archive: Yaya Fanusie on 'Central Bank Digital Currencies: The Threat From Money Launderers and How to Stop Them'
16 maart 2025 · 40 min
From December 15, 2020: Alan Rozenshtein sat down with Yaya Fanusie, a former CIA analyst and an expert on the national security implications of cryptocurrencies, who recently published a paper as part of Lawfare's ongoing Digital Social Contract research paper series, entitled, "Central Bank Digital Currencies: The Threat From Money Launderers and How to Stop Them." They talked about how central banks are exploring digital currencies, how those currencies might in turn be used by criminals and terrorist groups, and how governments and the private sector should respond. Lees meer
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Lawfare Archive: Jeff Kosseff on Why the First Amendment Protects False Speech
15 maart 2025 · 43 min
From October 6, 2023: The First Amendment protects speech, but what kind? True speech, sure. But what about false or misleading speech? What if it's harmful? After all, you can't yell fire in a crowded theater—or can you? Lees meer
To answer these questions, Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare spoke with Jeff Kosseff, who is an Associate Professor of Cybersecurity Law in the United States Naval Academy’s Cyber Science Department and a Contributing Editor at Lawfare. Jeff is releasing his latest book this month, titled "Liar in a Crowded Theater: Freedom of Speech in a World of Misinformation," in which he describes, and defends, the First Amendment's robust protections for false and misleading speech.
They spoke about the book, why you sometimes can yell fire in a crowded theater, and how new technology both superchargers misinformation and provides new tools to fight it.
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Lawfare Daily: A World Without Caesars
14 maart 2025 · 52 min
This episode of the Lawfare Podcast features Glen Weyl, economist and author at Microsoft Research; Jacob Mchangama, Executive Director of the Future of Free Speech Project at Vanderbilt; and Ravi Iyer, Managing Director of the USC Marshall School Neely Center. Lees meer
Together with Renee DiResta, Associate Research Professor at the McCourt School of Public Policy at Georgetown and Contributing Editor at Lawfare, they talk about design vs moderation. Conversations about the challenges of social media often focus on moderation—what stays up and what comes down. Yet the way a social media platform is built influences everything from what we see, to what is amplified, to what content is created in the first place—as users respond to incentives, nudges, and affordances. Design processes are often invisible or opaque, and users have little power—though new decentralized platforms are changing that. So they talk about designing a prosocial media for the future, and the potential for an online world without Caesars.
Articles Referenced:
https://arxiv.org/abs/2502.10834
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4178647
https://www.techdirt.com/2025/01/27/empowering-users-not-overlords-overcoming-digital-helplessness/
https://kgi.georgetown.edu/research-and-commentary/better-feeds/
https://knightcolumbia.org/content/the-algorithmic-management-of-polarization-and-violence-on-social-media
https://time.com/7258238/social-media-tang-siddarth-weyl/
https://futurefreespeech.org/scope-creep/
https://futurefreespeech.org/preventing-torrents-of-hate-or-stifling-free-expression-online/
https://www.thefai.org/posts/shaping-the-future-of-social-media-with-middleware
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Lawfare Daily: ‘The Rivalry Peril’ with Van Jackson and Michael Brenes
13 maart 2025 · 50 min
On today’s episode, Van Jackson, Professor of International Relations at Victoria University of Wellington, and Michael Brenes, Associate Director of the Brady-Johnson Program in Grand Strategy and Lecturer in History at Yale University, join Lawfare Managing Editor Tyler McBrien to talk about their new book, “The Rivalry Peril: How Great-Power Competition Threatens Peace and Weakens Democracy,” in which they make the case for the United States to take a less aggressive approach to China. They discussed the pitfalls of great power competition, the origins of the China threat, and why a destructive U.S.-China rivalry is our choice, rather than our destiny. Lees meer
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Rational Security: The “Botanical Bros” Edition
12 maart 2025 · 1 uur 14 min
This week, Scott sat down with Lawfare Senior Editor and co-host emeritus Alan Rozenshtein and Lawfare Executive Editor Natalie Orpett to talk through the week’s big national security news, including: Lees meer
“Lowering the Bar.” Last week, the Trump administration took aim at two leading law firms—Covington & Burling and Perkins Coie—by repealing lawyers’ security clearances and setting limits on the extent to which government actors can contract with them, on the apparent grounds that they worked for Trump’s perceived enemies. Is this legal? Will it be challenged? And what will the effect be on the legal industry?
“Big Math on Campus.” The Trump administration recently announced its intent to withhold $400 million in government grants from Columbia University, on the grounds that it had not done enough to combat anti-semitism on campus—a measure it paired with an indication that it would repeal student visas from those who had expressed “pro-Hamas” views. Is this tack a proper or legally sustainable one? And what impact will it have on academic communities in the United States?
“Nothing Is Certain but Death and Ta…Well, at Least Death.” After temporarily delaying tariffs on Canada and Mexico after 48 hours last month, President Trump assured everyone that they were definitely getting installed this month. But once again, after a few days, he rescinded many of them. Nonetheless, the uncertainty surrounding this administration’s policies has markets spooked, triggering fears of a recession—something President Trump has indicated people may just have to live through. What are the real costs and benefits of Trump’s oscillating trade policies?
In object lessons, Alan went full nerd and prescribed himself a decade-long literary exile with “Gardens of the Moon,” the first in Steven Erikson’s ten-book epic. Scott’s old ass, meanwhile, threw its weight behind “My Old Ass,” a film about a young woman navigating family, love, and self-discovery—all with a little hallucinogenic a…
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Lawfare Daily: Zachary Price on Judging in a Divided Republic
12 maart 2025 · 54 min
Jack Goldsmith sits down with Zachary Price, Professor of Law at UC Law San Francisco and author of the new book, “Constitutional Symmetry: Judging in a Divided Republic,” which argues for judges to make decisions that work “symmetrically” across major partisan and ideological divides. He explores the implications of this theory in the context of the Trump administration's legal actions, particularly regarding the removal power and the Supreme Court's evolving jurisprudence. Lees meer
The two discuss the implications of the unitary executive theory, particularly in relation to presidential power over law enforcement and executive orders. They analyze the TikTok executive order as a case study of presidential discretion and its potential overreach. The discussion also covers the implications of the Impoundment Control Act on congressional authority and the importance of maintaining a balance of power between the executive and legislative branches. Finally, they explore the concept of “constitutional symmetry” in the context of separation of powers and the role of civil service in preserving governmental integrity.
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Lawfare Daily: Carla Reyes and Drew Hinkes on the Evolution and Future of Crypto Policy
11 maart 2025 · 40 min
Carla Reyes, Associate Professor of Law at SMU Dedman School of Law, and Drew Hinkes, a Partner at Winston & Strawn with a practice focused on digital assets and advising financial services clients, join Kevin Frazier, Contributing Editor at Lawfare, to discuss the latest in cryptocurrency policy. The trio review the evolution of crypto-related policy since the Obama era, discuss the veracity of dominant crypto narratives, and explore what’s next from the Trump administration on this complex, evolving topic. Lees meer
Read more:
TRM Labs 2025 Crypto Crime Report: https://www.trmlabs.com/2025-crypto-crime-report
2023 FDIC National Survey of Unbanked and Underbanked Households: https://www.fdic.gov/household-survey
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Lawfare Daily: The Trials of the Trump Administration, March 7
10 maart 2025 · 1 uur 30 min
In a live conversation on March 7, Lawfare Executive Editor Natalie Orpett, sat down with associate professor of law at the University of Minnesota Law School Nick Bednar and Lawfare Senior Editors Anna Bower and Scott Anderson to discuss legal challenges to the Trump administration’s executive actions, including DOGE attempting to enter the U.S. African Development Foundation, the firing of probationary employees across the executive branch, and more. Lees meer
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Lawfare Archive: Making Sense of the Unprecedented Sanctions on Russia
9 maart 2025 · 56 min
From March 1, 2022: Over the past week, the United States and its allies have responded to Russia's military invasion of Ukraine with some unprecedented actions of their own—economic sanctions that target Russia in ways that have never been tried before, let alone applied to one of the world's largest economies over just a handful of days. Lees meer
To discuss this revolutionary sanctions strategy and what it may mean moving forward, Scott R. Anderson sat down with two sanctions experts: Julia Friedlander, senior fellow at the Atlantic Council, and Rachel Ziemba, adjunct fellow at the Center for a New American Security. They talked about the different types of sanctions being applied, what impact they will have on the Russian economy and what the consequences may be, not just for the conflict in Ukraine, but for the rest of the world moving forward.
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Lawfare Archive: How Much Trouble is NATO Really In? with Scott R. Anderson
8 maart 2025 · 1 uur
From February 26, 2024: At a South Carolina campaign rally on Feb. 10, former President Donald Trump told a crowd of supporters that while he was president he told “one of the presidents of a big country” in the NATO alliance that he would not protect that country from a Russian invasion if that country didn’t pay. Trump then said, “In fact, I would encourage them to do whatever the hell they want. You got to pay. You got to pay your bills.” Lees meer
Lawfare Managing Editor Tyler McBrien sat down with Lawfare Senior Editor Scott R. Anderson to talk through Trump’s NATO comments, why they’re rattling European allies, whether a U.S. president could destroy the alliance, and how Congress might stop it. They also talked about why everyone here at Lawfare calls Section 1250A of the recent National Defense Authorization Act the “Anderson Saves NATO” provision.
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Lawfare Daily: "Chokepoints: American Power in the Age of Economic Warfare," with Edward Fishman
7 maart 2025 · 1 uur 7 min
For today's episode, Lawfare general counsel and senior editor Scott R. Anderson sat down with Edward Fishman, a senior research scholar at the Center for Global Energy Policy within Columbia University's School of International and Public Affairs, to discuss his new book: "Chokepoints: American Power in the Age of Economic Warfare."They discussed Fishman's own career at the cutting edge of economic statecraft, the evolving toolkit it has come to present U.S. policymakers, the role he thinks it will play in our new era of major power competition, and what it may all mean for the future of the global order. Lees meer
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Lawfare Daily: The Impoundment Crisis, One Month In
6 maart 2025 · 51 min
In the first weeks of the second Trump administration, the Office of Management and Budget abruptly froze trillions of dollars in federal funds—sparking a crisis over impoundment, the executive branch’s assertion of authority to refuse to distribute money appropriated by Congress. Since then, the administration has attempted to withhold further funds disbursed by specific agencies and attempted to dismantle some agencies altogether. Many of these efforts have been blocked by courts. But Congress—the branch of government whose constitutional authority is being usurped—has remained strikingly quiet. Lees meer
To discuss the state of play on impoundment, Lawfare Senior Editor Quinta Jurecic caught up with Eloise Pasachoff, a professor at the Georgetown University Law Center, and Brookings Senior Fellow and Lawfare Senior Editor Molly Reynolds. They talked about how things have developed since January, how the courts and Congress are handling the crisis, and how it might shape congressional negotiations to avoid a government shutdown as soon as March 15.
Note: This podcast was recorded on March 4, before the Supreme Court’s March 5 ruling denying the Trump administration’s request to continue a freeze on billions of dollars in foreign aid and sending the case back down to the district court for further litigation.
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Rational Security: The “A Perfect Meeting” Edition
5 maart 2025 · 1 uur 18 min
This week, Scott was joined by his Lawfare colleagues Molly Reynolds and Quinta Jurecic to work through the week’s big national security news stories, including: Lees meer
“Kyiv Calm and Tarry On.” This past Friday, Ukrainian President Volodymyr Zelenskyy visited the White House for what turned into a disastrous meeting, in which President Donald Trump and Vice President J.D. Vance baited him into a heated public argument over Russia’s invasion of his country. In its aftermath, Trump refused to sign the minerals deal Zelensky was there to finalize and has now cut off U.S. assistance to Ukraine—though, at the time of recording, reports were emerging that the minerals deal was now back on track. And while European allies have stepped up their support for Ukraine, Trump’s Republican allies have united in support of him and increasingly called for Zelenskyy’s resignation. What contributed to this explosive about-face in U.S. policy towards Ukraine? And what does it tell us about the Trump administration’s decision-making?
“Betting Against the House.” House Majority Leader Mike Johnson scored what many are framing as a big win last week when he—with help from President Trump and ally Elon Musk—was able to unite his fractious caucus’s narrow majority to pass their preferred budget. But there are concerns that aspects of the budget—and the broader agenda Trump is pressuring his party to unite behind—will likely undermine Republicans’ prospects of holding the House in 2026 midterm elections. What is the state of governance in Congress at the moment? And what does it mean for the Trump administration’s aggressive agenda.
“Prime Directive.” Washington Post owner Jeff Bezos once again intervened in the newspaper’s opinions section last week, when he indicated that the paper no longer had a responsibility to reflect diverse views and would instead focus on issues of “personal liberties and free markets” that he thought were important for America—a mandate that led opinions editor Dav…
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Lawfare Daily: The State of the Gaza Ceasefire and Related Issues, with Joel Braunold
5 maart 2025 · 54 min
For today's episode, Lawfare General Counsel and Senior Editor Scott R. Anderson sat down with Joel Braunold, the Managing Director for the S. Daniel Abraham Center for Middle East Peace and a Contributing Editor at Lawfare, to discuss the end of the first phase of the Gaza ceasefire and other recent developments relating to the Arab-Israeli conflict. Lees meer
Together, they discussed how the terms of the ceasefire were changing, recent tensions between Israel and the new Syrian regime over threats to Druze communities, and how the Trump administration is trying to navigate it all.
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Lawfare Daily: Tim Fist and Arnab Datta on the Race to Build AI Infrastructure in America
4 maart 2025 · 42 min
Tim Fist, Director of Emerging Technology Policy at the Institute for Future Progress, and Arnab Datta, Director of Infrastructure Policy at IFP and Managing Director of Policy Implementation at Employ America, join Kevin Frazier, a Contributing Editor at Lawfare and adjunct professor at Delaware Law, to dive into the weeds of their thorough report on building America’s AI infrastructure. The duo extensively studied the gulf between the stated goals of America’s AI leaders and the practical hurdles to realizing those ambitious aims. Lees meer
Check out the entire report series here: Compute in America
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Lawfare Daily: The Trials of the Trump Administration, Feb. 28
3 maart 2025 · 1 uur 29 min
In a live conversation on February 28, Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Senior Editors Anna Bower and Roger Parloff and Assistant Professor of Law at the University of Houston Law Center Chris Mirasol about the detention of immigrants at Guantanamo Bay, the dismantling of USAID and the foreign aid freeze, the firing of probationary employees across the federal government, and more.You can find information on legal challenges to Trump administration actions here. Lees meer
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Lawfare Archive: The Authoritarian Playbook in 2025
2 maart 2025 · 52 min
From February 21, 2024: The advocacy group Protect Democracy last month issued an updated version of its report entitled, “The Authoritarian Playbook.” The new report is called, “The Authoritarian Playbook for 2025: How an authoritarian president will dismantle our democracy and what we can do to protect it.” It is a fascinating compilation of things that Donald Trump has promised to do and how they could likely be expected to affect American democracy if he is elected to a second term in office. Lees meer
To discuss the report, Lawfare Editor-in-Chief Benjamin Wittes spoke with two of its authors: Genevieve Nadeau and Erica Newland, both of Protect Democracy. They talked about what's new in the report, how much of it is speculation and how much of it is simply taking Donald Trump's words seriously, opportunities to mitigate the most dire consequences of which the report warns, and whether this is just baked into the American presidency when occupied by a truly authoritarian personality.
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Lawfare Archive: How Ukraine is Changing European Security
1 maart 2025 · 58 min
From March 14, 2022: Russia's war of aggression in Ukraine has undermined some of the fundamental assumptions underlying the security of Europe through much of the post-World War II era. As a result, several European nations have begun to consider dramatic changes in how they approach national security, both individually and collectively. Lees meer
To better understand how the war in Ukraine is reshaping the European security order, Scott R. Anderson sat down with two of his colleagues from the Brookings Institution: Célia Belin, a visiting fellow at Brookings and a former official in the French Ministry of Foreign Affairs, and Constanze Stelzenmüller, the Fritz Stern Chair on Germany and trans-Atlantic Relations in the Center on the United States and Europe.
They discussed how the Ukraine conflict is reshaping Europe's approach to security affairs, what this means for institutions like the European Union and NATO, and how these changes are likely to impact the fundamental debate over what it means to be a part of Europe.
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Lawfare Daily: Dispatches from the Sahel, with Rachel Chason and John Lechner
28 februari 2025 · 48 min
On today’s episode, the Washington Post's West Africa bureau chief Rachel Chason and freelance journalist John Lechner join Lawfare Managing Editor Tyler McBrien to talk about the current state of the Sahel and the many forces that have converged in the region over the past couple of years. Lees meer
They discussed Chason’s new series out in the Post, “Crossroads of Conflict,” which includes six rich portraits of Sahelian actors, including: an Islamist militant, a militia commander, a Russian mercenary, an American soldier, a coup leader, and a defiant broadcaster. They also talked about Lechner’s forthcoming book, “Death Is Our Business: Russian Mercenaries and the New Era of Private Warfare.”
We value your feedback! Help us improve by sharing your thoughts at lawfaremedia.org/survey. Your input ensures that we deliver what matters most to you. Thank you for your support—and, as always, for listening!
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Lawfare Daily: Trump’s Tariffs and the Law
27 februari 2025 · 45 min
For today’s episode, Lawfare Senior Editor Scott R. Anderson sat down with Kathleen Claussen, an expert in international economic law and professor at the Georgetown University Law Center, and Lawfare Contributing Editor Peter Harrell, a non-resident senior fellow at the Carnegie Endowment for International Peace, to discuss the ambitious set of tariffs the Trump administration has imposed or threatened over its first month in office. Lees meer
They discussed the tariffs Trump has imposed so far, what seems to be coming over the horizon, and how they all line up with the legal authorities he is using to impose them.
We value your feedback! Help us improve by sharing your thoughts at lawfaremedia.org/survey. Your input ensures that we deliver what matters most to you. Thank you for your support—and, as always, for listening!
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.
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Rational Security: The “Leftover Chicken Kyiv” Edition
26 februari 2025 · 1 uur 22 min
This week, Scott joined his Lawfare colleagues Benjamin Wittes, Natalie Orpett, and Anastasiia Lapatina for a rare, all-in-person discussion of the week’s big national security news, including: Lees meer
“Chicken Kyiv, Served Cold.” The Trump administration’s vision for a peace settlement in Ukraine is coming into focus—and it’s not the one many Ukrainians and Europeans were hoping for. In negotiations that have largely excluded Ukrainian and European partners—and amidst a barrage of hostile attacks on Ukrainian President Volodymyr Zelenskyy’s democratic legitimacy—the Trump administration appears to be insisting on some U.S. stake in Ukraine’s rare earth minerals while remaining unwilling to support Ukraine’s NATO membership and resistant to providing hard security guarantees in response. Are the contours of such a deal something Ukraine can agree to? And will it advance U.S. and Ukrainian national security interests?
“Euro Vision.” In some of his first comments since emerging from elections as Germany’s new chancellor, Friedrich Merz called for European independence from the United States, in light of the Trump administration’s increasing neglect (and even hostility) to longstanding transatlantic partnerships. And Ukraine may be the first front for this new policy orientation, as European officials have suggested an increased willingness to deploy ground troops to Ukraine, increase their own assistance levels, and even make an alternate offer for access to Ukraine’s rare earth minerals. How much potential is there for a truly independent European foreign policy? And what will it mean for U.S. national interests?
“Baywatch Reruns.” As part of its aggressive campaign against undocumented migrants, the Trump administration has expanded its use of the detention facility at Guantanamo Bay for what it claims to be the “worst of the worst” undocumented migrants involved in violent crimes. But recent reporting has cast serious doubt on whether everyone who has been detained at …
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Lawfare Daily: The Fate of Ukraine
26 februari 2025 · 1 uur 2 min
On Feb. 24, Fiona Hill (Senior Fellow, Foreign Policy, Center on the United States and Europe), Constanze Stelzenmüller, (Director at the Center on the United States and Europe; Senior Fellow, Foreign Policy, Center on the United States and Europe; and Fritz Stern Chair on Germany and Trans-Atlantic Relations), Anastasiia Lapatina (Ukraine Fellow, Lawfare), Tyler McBrien (Managing Editor, Lawfare), and Benjamin Wittes (Editor-in-Chief, Lawfare) recorded a live discussion at the Brookings Institution on "Trump’s return and the fate of Ukraine" and Lawfare and Goat Rodeo's new narrative podcast series on the U.S. and Ukraine, Escalation. Lees meer
We value your feedback! Help us improve by sharing your thoughts at lawfaremedia.org/survey. Your input ensures that we deliver what matters most to you. Thank you for your support—and, as always, for listening!
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