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3.131 afleveringen, van nieuw naar oud
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Lawfare Archive: Why Pakistan is Deporting Afghan Refugees with Madiha Afzal
21 december 2025 · 43 min
From November 20, 2023: Over the past few weeks, the country of Pakistan has pursued an aggressive wave of deportations targeting thousands of Afghan refugees, some of whom have been in Pakistan for generations. Many fear that this move will add to the already precarious and humanitarian situation facing Afghanistan. But the Taliban regime, for one, has reacted in a way few expected. Lees meer
To talk through these refugee removals and their ramifications, Lawfare Senior Editor Scott R. Anderson sat down with Madiha Afzal, a Fellow in the Foreign Policy program at the Brookings Institution. They talked about the origins of the Afghan refugee population in Pakistan, how this latest action intersects with concerns over terrorism, and where the crisis may be headed next.
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Lawfare Archive: Memorializing Babyn Yar after the Russian Invasion of Ukraine
20 december 2025 · 45 min
From July 1, 2022: When a Russian missile recently struck a TV tower in Kyiv, near Babyn Yar, the site of Nazi mass murders during the Holocaust, some saw the attack as a potent symbol of the tragic occurrence of violence in Ukraine. To talk through the historical significance of the attack, Lawfare Managing Editor Tyler McBrien sat down with Maksym Rokmaniko, an architect, designer, entrepreneur, and director at the Center for Spatial Technologies in Kyiv, and Linda Kinstler, a PhD candidate in the rhetoric department at UC Berkeley. Lees meer
In her recent New York Times essay, the Bloody Echoes of Babyn Yar, Linda wrote, "the current war in Ukraine is so oversaturated with historical meaning, it is unfolding on soil that has absorbed wave after wave of the dead, where soldiers do not always have to dig trenches in the forest because the old ones remain."
Linda's writing has appeared in the New York Times, the Washington Post, the Atlantic and Jewish Currents, where she recently reported on the Babyn Yar Holocaust Memorial center. Linda is also the author of Come to This Court and Cry: How the Holocaust Ends, which is out in the U.S. on August 23rd, from Public Affairs.
Tyler, Linda and Maksym discuss the history of Babyn Yar as a sight and symbol, the role of open source investigative techniques and forensic modeling in the documentation of war crimes, the battle over historical narratives, memorialization and memory, as well as the limits of the law in achieving justice for victims of negation and genocide.
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Lawfare Daily: ‘Deportation, Inc.’ and the Rise of the Immigration Enforcement Economy
19 december 2025 · 46 min
Lawfare Managing Editor Tyler McBrien sits down with SITU’s Deputy Director of Research Gauri Bahuguna, Detention Watch Network’s Advocacy Director Setareh Ghandehari, the American Immigration Council’s Policy Director Nayna Gupta, and Just Futures Law’s Executive Director Paromita Shah to discuss the rise of the immigration enforcement economy following the recent release of “Deportation, Inc.” a new video series from SITU and Lawfare. Lees meer
They talk about why the government outsources the critical immigration enforcement functions of deportation, interdiction, and deportation to the private sector, and how this system evolved into a multi-billion dollar industry.
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Lawfare Daily: Trump Admin Attacks on Inspectors General with Cristin Dorgelo and Rob Storch
18 december 2025 · 49 min
Lawfare Managing Editor Tyler McBrien sits down with Cristin Dorgelo, a former senior adviser for management at the Office of Management and Budget, and Rob Storch, who served as the inspector general of the Defense Department until the Trump administration fired him and many of his colleagues in January of this year. They discuss those firings, other Trump administration attacks on the offices of the inspector general, and various attempts by the administration to undermine oversight and evade accountability, all covered in a new report from the Center on Budget and Policy Priorities called “Trump Administration’s Undercutting of Oversight Hurts Taxpayers and Beneficiaries.” Lees meer
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Rational Security: The “Chestbursters Roasting on an Open Fire” Edition
17 december 2025 · 1 uur 22 min
This week, Scott down with his Lawfare colleagues Alan Rozenshtein and Ari Tabatabai to talk through a few of the week’s big national security news stories, including: Lees meer
“Once You Pop, You Can’t Stop.” The Trump administration has given a green light to Nvidia to export its powerful H200 chips to China, opening a potentially significant new market while jumpstarting China’s strategically significant AI industry—or, perhaps, making it reliant on U.S. technology. What explains this decision? And how does it align with the Trump administration’s broader reframing of strategic competition with China as a primarily economic problem, as reflected in its recent National Security Strategy?
“Lavatories of Democracy.” Late last week, President Trump signed an executive order setting up a number of mechanisms intended to assert federal preemption over and otherwise deter state efforts to regulate the development and use of AI—an executive branch-only effort that followed a failed push to insert a related legislative provision into year-end omnibus legislation. How effective is this measure likely to be? And how wise is it to try and bar the states from regulating AI development and use in the first place?
“Some Things You Can’t Make Light Of.” Over the weekend, a pair of gunmen inspired by the Islamic State executed a brutal massacre at a Hanukkah event on Australia’s Bondi Beach, killing 15 people and injuring 40. The violence has shocked Australia, a country with strict gun control laws where incidents of anti-semitism have been on the rise, as in much of the world. What is there to learn from the attack and its aftermath? And what could its ramifications be, both in Australia and further abroad?
In object lessons, Alan tells us what the buzz is—seeing Jesus Christ Superstar live. Scott, heavy with Christmas spirit, shares his grandmother’s recipe for sour cream coffee cake (remember, during the holidays, dense=delicious). And Ari keeps us grounded with a recommendation o…
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Lawfare Daily: Scott Anderson on How Social Media Platforms Should Handle Unrecognized Regimes
17 december 2025 · 43 min
Lawfare Senior Editor Alan Rozenshtein speaks with Scott Anderson, Senior Editor at Lawfare, fellow in Governance Studies at the Brookings Institution, and non-resident senior fellow in the National Security Law Program at Columbia Law School, who recently wrote a report about how social media platforms should handle unrecognized regimes like the Taliban. They discuss how social media platforms responded to the Taliban's takeover of Afghanistan in 2021; the divergent approaches of Meta, YouTube, and X toward sanctioned entities and governmental accounts; the international law concepts of recognition and de facto authority; a proposed "de facto authorities rule" that would allow platforms to permit certain essential governmental functions by unrecognized regimes; and how this framework can be reconciled with U.S. and international sanctions requirement. Lees meer
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Lawfare Daily: Ukraine’s Asymmetric Blueprint in the Black Sea
16 december 2025 · 39 min
At the start of the full-scale invasion of Ukraine, Russia held clear naval superiority in the Black Sea. Over the course of the war, Ukraine has developed an asymmetric maritime strategy using unmanned surface vehicles (USVs), achieving strategic effects against a superior naval force. Lees meer
Ukraine has largely shifted from importing complete drone systems to assembling them domestically using foreign components, with China remaining a key supplier of many critical parts. What is more, Ukraine is now preparing to export its drones internationally.
In this episode, Katsiaryna Shmatsina, Eurasia Fellow at Lawfare, sits down with Cat Buchatskiy, the Director of Analytics at the Snake Island Institute, to discuss Ukraine’s maritime operations in the Black Sea, the use of drones, and the supply chains behind them. Cat leads a team of analysts producing frontline-validated research on modern warfare, defense innovation, and U.S.-Ukraine security cooperation.
Read more from the Snake Island Institute on Ukraine's Black Sea’s Asymmetric Blueprint and the transformation of a once-nascent drone industry into a critical pillar of national defense.
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Lawfare Daily: The Trials of the Trump Administration, Dec. 12
15 december 2025 · 1 uur 37 min
In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Anna Bower, Molly Roberts, and Eric Columbus and Lawfare Public Service Fellow Loren Voss to discuss next week's contempt hearings in J.G.G. v. Trump, the release of Kilmar Abrego Garcia from ICE custody, domestic deployments litigation, and moreYou can find information on legal challenges to Trump administration actions here. And check out Lawfare’s new homepage on the litigation, new Bluesky account, and new WITOAD merch.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute. Lees meer
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Lawfare Archive: Introducing Allies: A Podcast Series from Lawfare and Goat Rodeo
14 december 2025 · 36 min
From May 16, 2022: Today, Lawfare and Goat Rodeo released the first two episodes of Allies, a podcast series that traces the U.S.’s efforts to protect Afghan interpreters, translators and other partners through the Special Immigrant Visa (SIV) program. That effort culminated in the U.S. evacuation from Afghanistan in August 2021, when thousands of the U.S.’s local partners were left behind. In seven episodes, Allies will take listeners through the decade-long effort to honor America’s promises to its Afghan partners. Lees meer
Episode 1: “Faithful and Valuable Service” opens at the Kabul airport this past August, where the failure of the SIV program contributed to the chaos. Then, we rewind to just before 9/11, when the U.S. government had little regional, let alone linguistic, expertise on Afghanistan. After the invasion, that knowledge gap needed to be filled rapidly, so the U.S. began hiring local partners through military contractors. They became essential partners, and it was nearly impossible for any U.S. platoon, provincial reconstruction team or diplomat to operate without interpreters and translators. They were the U.S.’s eyes and ears.
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Lawfare Archive: President-elect Trump's National Security Appointments
13 december 2025 · 1 uur 9 min
From November 16, 2024: Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editors Scott Anderson, Alan Rozenshtein, and Quinta Jurecic and Executive Director of the Institute for Constitutional Advocacy and Protection Mary McCord about Donald Trump's picks for his Cabinet and senior-level administration positions, including Matt Gaetz as attorney general and Pete Hegseth as secretary of defense, the possibility of Trump using the recess appointment power, and more. Lees meer
Editor’s note: During a discussion of Robert F. Kennedy, Jr.’s nomination to head the Department of Health and Human Services, we mentioned a 2019 outbreak of measles in Polynesia. The outbreak took place in Samoa, not American Samoa as we mistakenly stated.
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Lawfare Live: The Trump Administration’s 2025 National Security Strategy
12 december 2025 · 56 min
At 10 am ET on Dec. 11, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editor Scott R. Anderson; Lawfare Foreign Policy Editor and Director of the Warfare, Irregular Threats, and Terrorism Program at CSIS Daniel Byman; and Director of Foreign and Defense Policy Studies at AEI Kori Schake to discuss the Trump administration’s 2025 National Security Strategy. They talked about its emphasis on immigration as a national security threat and its implications for U.S. foreign policy. Lees meer
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Lawfare Daily: The Duty to Disobey Unlawful Orders
11 december 2025 · 53 min
News of a U.S. attack on a boat off the coast of Venezuela—which included a second strike on survivors of the first—has raised new concerns about the administration’s operations against alleged drug traffickers. Legal analysts, including some at Lawfare, call the second strike clearly unlawful. So why did the U.S. military agree to follow the order? Lees meer
On today’s episode, Executive Editor Natalie Orpett discusses the roles and responsibilities of military personnel with Frank Rosenblatt, a professor at MC Law and a former U.S. Army Lt. Col and Judge Advocate General in the U.S. Army, and Colby Vokey, former Marine Corps Lt. Col and Judge Advocate General. They talk about the duty to disobey unlawful orders, the complexity of choosing to do so, and what it means for the future of U.S. operations.
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Rational Security: The “Adverse Possession” Edition
10 december 2025 · 1 uur 5 min
This week, Scott sat down with Lawfare Managing Editor Tyler McBrien and Contributing Editor Alex Zerden to talk through a few of the week’s big national security news stories, including: Lees meer
“Finding the Road to Damascus.” Former dictator Bashar al-Assad fled Syria one year ago this week, bringing a precipitous end to the country’s more than decade-long civil war. In the year since, has the country been able to make progress toward the optimistic future many hoped would follow al-Assad’s ouster? And what obstacles still lie in its path?
“Civilizational Self-Confidence Scheme.” The Trump administration has undergone the once-per-term statutorily-mandated ritual of releasing its National Security Strategy. It claims an intent to stay the course on many key bipartisan pillars of U.S. foreign policy, but mixes in heavy doses of isolationism, ethnonationalism, and criticism of Europe for losing its “civilizational self-confidence.” How seriously should we take this document? And what does it tell us about the likely trajectory of U.S. foreign policy?
“A Dimon in the Rough?” JPMorgan Chase CEO Jamie Dimon has announced a ten-year initiative to invest $1.5 trillion in U.S. companies critical to U.S. national security and economic resilience. Is this an attempt by Dimon to repair his sometimes frosty relationship with the Trump administration by complimenting its “America First” strategy? Or is it an initiative that more genuinely strikes at the intersection of market logic and U.S. national security?
In object lessons, Tyler is exploring the great heritage of American landmarks with “Lost in America: Photographing the Last Days of our Architectural Treasures” an archive of the Historic American Buildings Survey. Scott is embracing the holiday season the classic way—by settling in with delightfully cheesy films like A Merry Little Ex-Mas and Jingle Bell Heist on Netflix. And Alex is broadening the lens with “The World For Sale: Money, Power, and the Traders Who Barter the…
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Lawfare Daily: The Defense Tech Paradox, with Susannah Glickman
10 december 2025 · 52 min
Susannah Glickman, an assistant professor of history at Stony Brook University who specializes in the political economy of computation and information, sat down with Lawfare Associate Editor Olivia Manes to discuss the role of defense tech in the second Trump administration. Susannah unpacked her recent article in the New York Review of Books tracing the historical relationship between tech, defense, and the U.S. government, and explained how defense tech firms which have benefitted from U.S. industrial policy are now undermining it for the sake of short-term profits. Lees meer
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Lawfare Daily: Wikipedia, Ref-Working, and the Battle Over Reality
9 december 2025 · 51 min
Wikipedia is more than an encyclopedia. It’s a key part of the internet’s information infrastructure—shaping what people know, what AI models learn, and what the public sees as true. But in an era of geopolitical conflict, AI disruption, and fracturing trust, Wikipedia has come under attack. Lees meer
In this episode, Renée DiResta talks with Wikipedia founder Jimmy Wales about his new book, “The Seven Rules of Trust,” and about how Wikipedia has managed to remain one of the most trusted sites on the internet. They explore the principles that helped build that trust and the outside pressure it’s come under—from American congressmen, to Russian censorship campaigns, to Elon Musk’s Grokipedia.
What does it take to make institutions trustworthy in a low-trust era? What happens when reliable sources become a battleground for power? And how does a community continue to build shared knowledge while partisans are redefining the rules of truth?
For further reading, see:
“The Right-Wing Attack On Wikipedia,” by Renée DiResta in The Atlantic
”The War Over Ukraine—on Wikipedia,” by Catarina Buchatskiy in Lawfare
“Russian Court Fines Wikipedia Owner for Article on Ukraine,” by Anna Chernova and Olesya Dmitracova, CNN
“The CDC Should Be More Like Wikipedia,” by Renée DiResta in The Atlantic
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Lawfare Daily: The Trials of the Trump Administration, Dec. 5
8 december 2025 · 1 uur 38 min
In a live conversation on YouTube, Lawfare Executive Editor Natalie Orpett sat down with Lawfare Senior Editors Anna Bower, Michael Feinberg, Molly Roberts, Roger Parloff and Eric Columbus and Lawfare Contributing Editor James Pearce to discuss the arrest of a suspect in the attempted bombing on Jan. 6, 2021, a hearing in NPR’s lawsuit over the Trump administration cutting its funding, where the prosecutions of Letitia James and James Comey stand, and more.You can find information on legal challenges to Trump administration actions here. And check out Lawfare’s new homepage on the litigation, new Bluesky account, and new WITOAD merch.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute. Lees meer
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Lawfare Archive: Lynzy Billing on Afghanistan's Zero Unit Night Raids
7 december 2025 · 42 min
From January 24, 2023: In 2019, investigative journalist and photographer Lynzy Billing went to Afghanistan to investigate a very personal story: her own past. In the process, she discovered what she came to call a classified war, one with lines of accountability so obscured that no one had to answer publicly for operations that went wrong. Lees meer
Lawfare managing editor Tyler McBrien sat down with Lynzy to talk through her four-year investigation, published last month in ProPublica. They discussed Afghanistan's shady Zero Units and their relationship with the CIA, the traumatic ripple effects caused by this lack of accountability, and why the U.S. continues to rely on a strategy of night raids, which Lynzy describes as quick, brutal operations that went wrong far more often than the U.S. has acknowledged. They also discussed why Lynzy decided to tell this story when few others would.
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Lawfare Archive: How Congressional Staffers Helped Our Afghan Allies
6 december 2025 · 38 min
From April 5, 2024: A new report from the POPVOX Foundation focuses on a little-known and hugely under-appreciated congressional effort: that of congressional staffers helping Afghan allies flee the country during the U.S. withdrawal from Afghanistan. Lawfare Executive Editor Natalie Orpett sat down with the report’s author, Anne Meeker. They talked about what staffers did to help, the challenges they faced, and how the experience exposed both weaknesses and strengths in how Congress functions. Lees meer
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Lawfare Live: The EU Fines X 120 M Euros - What Comes Next?
5 december 2025 · 36 min
On Dec. 5, the European Commission announced that they are fining X (formerlly Twitter) 120 million euros for impersonation scams with “verification,” broken advertising transpaency system, and blocking researchers from its platform. On a Lawfare Live, Lawfare Senior Editor Kate Klonick and Lawfare Contributing Editor Renee DiResta analyzed the decision, what happens next, and how this fits into the geopolitical struggle over free speech. Lees meer
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Scaling Laws: Caleb Withers on the Cybersecurity Frontier in the Age of AI
5 december 2025 · 49 min
Caleb Withers, a researcher at the Center for a New American Security, joins Kevin Frazier, the AI Innovation and Law Fellow at the University of Texas School of Law and a Senior Editor at Lawfare, to discuss how frontier models shift the balance in favor of attackers in cyberspace. The two discuss how labs and governments can take steps to address these asymmetries favoring attackers, and the future of cyber warfare driven by AI agents. Jack Mitchell, a student fellow in the AI Innovation and Law Program at the University of Texas School of Law, provided excellent research assistance on this episode. Lees meer
Check out Caleb’s recent research here.
Find Scaling Laws on the Lawfare website, and subscribe to never miss an episode.
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Lawfare Daily: The End of New START? With John Drennan and Matthew Sharp
4 december 2025 · 59 min
New START, the last bilateral nuclear arms control treaty between the United States and Russia, will expire in February 2026 if Washington and Moscow do not reach an understanding on its extension—as they have signaled they are interested to do. What would the end of New START mean for U.S.-Russia relations and the arms control architecture that had for decades contributed to stability among great powers? Lees meer
Lawfare Public Service Fellow Ariane Tabatabai sits down with John Drennan, Robert A. Belfer International Affairs Fellow in European Security, at the Council on Foreign Relations, and Matthew Sharp, Fellow at MIT’s Center for Nuclear Security Policy, to discuss what New START is, the implications of its expiration, and where the arms control regime might go from here.
For further reading, see:
“Putin’s Nuclear Offer: How to Navigate a New START Extension,” by John Drennan and Erin D. Dumbacher, Council on Foreign Relations
“No New START: Renewing the U.S.-Russian Deal Won’t Solve Today’s Nuclear Dilemmas,” by Eric S. Edelman and Franklin C. Miller, Foreign Affairs
“2024 Report to Congress on Implementation of the New START Treaty,” from the Bureau of Arms Control, Deterrence, and Stability, U.S. Department of State
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Rational Security: The “Living La Vida Off Camera” Edition
3 december 2025 · 1 uur 29 min
This week, Scott sat down with his Lawfare colleagues Benjamin Wittes, Natalie Orpett and Eric Ciaramella to talk through the week’s big national security news stories, including: Lees meer
“The Art of the Ordeal.” The Trump administration has been at the center of yet another bout of shuttle diplomacy the last several weeks, after an initial “28-point plan” for peace in Ukraine it appeared to hash out with Russia was met with widespread skepticism, both at home and in Kiev — leading it to shift focus to a “19-point plan” officials hashed out in closer consultation with Ukrainian officials and European officials, which was subsequently rejected by Russian President Vladimir Putin. What does this chaotic process tell us about the Trump administration’s strategy and priorities? And what is it likely to mean for America’s Ukrainian allies?
“The War Crime on Drugs.” Defense Secretary Pete Hegseth is at the center of another controversy, this time over his reported order to “kill everybody” in the first strike on an alleged narcotics-smuggling boat this past September—an order that, intentionally or not, led to a second strike that killed several people who were by that point clinging to wreckage in the open sea, in seemingly clear violation of Defense Department practice and the laws of armed conflict. Hegseth and the White House have sought to shift responsibility for the second strike to senior military personnel, but it’s not clear whether Congress—where Democrats and Republicans on the armed services committees are threatening oversight—are persuaded.
“Unlawful Good.” Several legislators who are also current or former servicemembers have been labeled the “Seditious Six” by the Trump administration and its allies for public statements they made reiterating that servicemembers’ are only obligated to follow lawful orders, specifically in relation to ongoing counter-narcotics military operations in the Caribbean. And at least one—Sen. Mark Kelly, a retired naval officer—has b…
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Lawfare Daily: The Besieged District Judges, with Reynolds Holding and Judge Jed Rakoff
3 december 2025 · 51 min
Veteran legal journalist Reynolds Holding, author of "Better Judgment: How Three Judges Are Bringing Justice Back to the Courts," and U.S. District Judge Jed Rakoff, one of the judges featured in his book, sit down with Lawfare Senior Editor Roger Parloff to discuss the role of district judges in our justice system. They also discuss the attacks those judges are enduring today from the Department of Justice, the White House, Congress, and even members of the U.S. Supreme Court. Lees meer
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Lawfare Daily: America's Defense Industrial Base
2 december 2025 · 43 min
For today's episode, Lawfare Foreign Policy Editor Daniel Byman sits down with Seth Jones, the President of the Defense and Security Department at the Center for Strategic & International Studies to discuss Seth's new book about the U.S and Chinese industrial bases, "The American Edge: The Military Tech Nexus and the Sources of Great Power Dominance." Lees meer
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Lawfare Daily: Grading the Trump Administration's Cybersecurity Efforts, with Rear Admiral (Ret.) Mark Montgomery
1 december 2025 · 36 min
Rear Admiral (Ret.) Mark Montgomery is the Senior Director of the Center on Cyber and Technology Innovation at the Foundation for Defense of Democracies. He spent 32 years in the Navy as a nuclear-trained surface warfare officer, retiring as a rear admiral in 2017. After leaving the Navy, Admiral Montgomery worked as policy director for the Senate Armed Services Committee during Senator John McCain's chairmanship, and as Executive Director of the Cyberspace Solarium Commission, a congressionally created commission directed to “develop a consensus on a strategic approach to defending the United States in cyberspace against cyber attacks of significant consequences.” Lees meer
In this episode, Lawfare Book Review Editor Jonathan Cedarbaum sits down with Admiral Montgomery to discuss the fifth annual implementation report prepared by the Cyberspace Solarium Commission 2.0, which assesses how the federal government has done over the last year in implementing the Solarium Commission's recommendations for strengthening the United States' cybersecurity posture. The report, whose lead author was Admiral Montgomery, concludes that "[o]ur nation’s ability to protect itself and its allies from cyber threats is stalling and, in several areas, slipping."
They discuss the scope and impacts of the Trump administration funding and staffing cuts in leading agencies responsible for cybersecurity; the weakening of public-private collaboration, including the closing of the Critical Infrastructure Partnership Advisory Council; and the weakening of recruitment efforts to build the cyber workforce the country needs.
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Lawfare Archive: Russia and the American Far-right, with Marlene Laruelle
30 november 2025 · 41 min
From November 19, 2024: Lawfare Associate Editor Olivia Manes sat down with with Marlene Laruelle, a Research Professor of International Affairs and Political Science at The George Washington University, and Director of GW's Illiberalism Studies Program, to discuss the financial, ideological, and historical connections between the American far-right and Russia. Marlene discussed the distinction between confluence and influence, white supremacist notions of a "pan-white" nation embodied by Russia, the role of the Russian Orthodox Church in fostering connections, and more. Lees meer
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Lawfare Archive: Deploying the Military at the Southern Border, with Chris Mirasola
29 november 2025 · 42 min
From November 26, 2024: Lawfare Editor-in-Chief Benjamin Wittes sits down with Chris Mirasola, Assistant Professor of Law at the University of Houston Law Center, to discuss the legal and practical considerations surrounding a president’s ability to deploy the military at the U.S. southern border, particularly in light of President-elect Trump’s recent endorsement of “declar[ing] a national emergency” in order to “use military assets” for “a mass deportation program.” They discuss the implications of a national emergency declaration for immigration enforcement, the existing legal framework and historical context, and concerns about using the National Guard in a law enforcement function. They also talk about the logistics of building detention facilities, the Insurrection Act as a significant legal tool that could expand military authority in domestic contexts, and more. Lees meer
For more on this topic, read Chris’s recent Lawfare article, “How Can Trump Deploy the Military at the Southern Border?” You can watch a video version of this conversation here.
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Lawfare Archive: Zelensky’s Victory Plan, with Anastasiia Lapatina and Eric Ciaramella
28 november 2025 · 43 min
From October 18, 2024: Following Ukrainian President Volodymyr Zelensky’s speech to the Ukrainian Parliament outlining his victory plan, Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Ukraine Fellow Anastasiia Lapatina and Eric Ciaramella of the Carnegie Endowment for International Peace. They talked about the components of the plan, the reaction from the United States and other allies, and what the plan says about the state of Ukraine's war effort. Lees meer
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Lawfare Archive: AI Regulation and Free Speech: Navigating the Government’s Tightrope
27 november 2025 · 1 uur 23 min
From November 25, 2024: At a recent conference co-hosted by Lawfare and the Georgetown Institute for Law and Technology, Georgetown law professor Paul Ohm moderated a conversation on "AI Regulation and Free Speech: Navigating the Government’s Tightrope,” between Lawfare Senior Editor Alan Rozenshtein, Fordham law professor Chinny Sharma, and Eugene Volokh, a senior fellow at Stanford University's Hoover Institution. Lees meer
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Lawfare Daily: Anastasiia Lapatina and Eric Ciaramella Talk Russia, Ukraine, and Trump
26 november 2025 · 56 min
Lawfare Ukraine Fellow Anastasiia Lapatina and Eric Ciaramella of the Carnegie Endowment for International Peace join Editor in Chief Benjamin Wittes to discuss the last week's machinations surrounding a potential Russia-Ukraine peace deal. What is the actual American position? Is the United States abandoning Ukraine? Or is it now backing off the 28-point document it reportedly put together with Russian negotiators? Lees meer
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Lawfare Daily: Inside the Law Letting Senators Sue Over Phone Data
25 november 2025 · 47 min
Lawfare Editor-in-Chief Benjamin Wittes talks with Executive Editor Natalie Orpett and Senior Editor Michael Feinberg about their recent Lawfare article examining a little-noticed piece of legislation that was slipped into the deal to end the government shutdown—one that gives senators a civil right of action to sue the U.S. government when their phone or metadata is accessed without notice, with a payout of $500,000 per “instance.” Lees meer
They discuss the potential consequences of the law for surveillance, separation of powers, and the relationship between Congress and law enforcement. It’s not just about senators getting paid, though the potential price tag is staggering. It’s about whether a broad, retroactive, and loosely defined cause of action undermines critical investigative tools and erodes the integrity of national security and criminal investigations.
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Lawfare Live: Judge Dismisses Indictments Against James Comey and Letita James
24 november 2025 · 41 min
At 4 pm ET, Lawfare Executive Editor Natalie Orpett will sit down with Lawfare Senior Editor Roger Parloff and Lawfare Contributor James Pearce to discuss a judge dismissing the indictments against both former FBI Director James Comey and New York Attorney General Letitia James, ruling that Lindsey Halligan was not properly appointed to served as U.S. Attorney for the Eastern District of Virginia. Lees meer
You can also watch the conversation on YouTube.
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Lawfare Daily: The Trials of the Trump Administration, Nov. 21
24 november 2025 · 1 uur 45 min
In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Molly Roberts, Roger Parloff and Eric Columbus and Lawfare Public Service Fellow Loren Voss to discuss a judge ordering the Trump administration to end the National Guard deployment in D.C., updates in the prosecutions of Letitia James and James Comey, a hearing in Kilmar Abrego Garcia’s civil case, and more.You can find information on legal challenges to Trump administration actions here. And check out Lawfare’s new homepage on the litigation, new Bluesky account, and new WITOAD merch.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute. Lees meer
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Lawfare Archive: The Saudi-Iran Deal Featuring China
23 november 2025 · 57 min
From April 13, 2023: A few weeks ago, China made headlines for brokering a deal between Iran and Saudi Arabia to thaw diplomatic relations after seven years of cutting ties and even more years of tense relations. Since then, we've already begun to see some downstream effects of this deal, with significant movement on the war in Yemen and the reopening of Iran's embassy in Saudi Arabia. Lees meer
This is a story with two major strands—one about the potential effects of a successful normalization between Saudi Arabia and Iran, and another about how China, and not the U.S., seems to have made it happen. To understand what all of this might mean for the region, Lawfare Associate Editor Hyemin Han talked to Lawfare Senior Editor Scott Anderson and CNAS Middle East Security Program Director Jonathan Lord about the contours of the deal, China's involvement in the process, and what to look out for as this deal ripens.
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Lawfare Archive: Explaining the Michigan Fake Electors Prosecution
22 november 2025 · 43 min
From August 16, 2023: On July 18, Michigan Attorney General Dana Nessel unveiled criminal charges against 16 people—the “fake electors” from that state who featured in Trump’s effort to hold onto power in 2020. Just a few weeks later, a special counsel in Michigan announced additional charges related to the 2020 election, this time against three people who allegedly accessed voting machines in the state without authorization. So if you’ve been tracking developments when it comes to accountability for misconduct surrounding the 2020 election, it’s best not to take your eye off Michigan. Lees meer
To discuss, Lawfare Senior Editor Quinta Jurecic sat down with Clara Hendrickson, a politics reporter at the Detroit Free Press. They talked through the backstory behind these prosecutions and why Michigan became such a hotbed of conspiracy theories and alleged crimes in 2020.
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Lawfare Daily: The New U.N. Security Council Resolution on Trump’s Gaza Peace Plan, with Amb. Jeffrey Feltman and Joel Braunold
21 november 2025 · 1 uur 3 min
For today’s episode, Lawfare Senior Editor Scott R. Anderson sits down with Joel Braunold, Managing Director of the S. Daniel Abraham Center for Middle East Peace and a Lawfare contributing editor, and Ambassador Jeffrey Feltman, the John C. Whitehead Visiting Fellow in International Diplomacy at the Brookings Institution, who previously served as Undersecretary General for Political Affairs at the United Nations as well as the Assistant Secretary of State for Near Eastern Affairs, among other senior U.S. diplomatic positions. Lees meer
They discuss Resolution 2803, which the U.N. Security Council adopted earlier this week to endorse and help implement President Trump’s peace plan for Gaza, including how it conforms and departs from usual international practice, what it says about the political positions of the various parties involved in the peace plan, and how it may (or may not) help contribute to an enduring end to the broader conflict—as well as a possible path to Palestinian self-determination.
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Lawfare Daily: All Things Ukrainian Energy with Anastasiia Lapatina
20 november 2025 · 50 min
Lawfare Ukraine Fellow Anastasiia Lapatina has written two recent articles for Lawfare on energy and the Ukraine war. The first deals with the ongoing Russian attacks on the Ukrainian civilian power grid—attacks which actually interfered with the recording of this very podcast. The second details an ongoing corruption scandal rocking the Ukrainian political system, emerging from an alleged kickback scheme in the energy sector. Lapatina sits down with Benjamin Wittes to talk about the current power outage affecting her ability to record, the Russian strikes, the Ukrainian strikes against Russia, and the most significant corruption scandal to affect President Volodymyr Zelensky since the dawn of the war. Lees meer
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Lawfare Live: Discussing the Hearings on James Comey’s Prosecution and the Alien Enemies Act
19 november 2025 · 54 min
At 4pm ET on Nov. 19, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Molly Roberts, Anna Bower, and Roger Parloff to discuss two court hearings that occurred that day. First they discussed the hearing in the prosecution of James Comey. Then they briefly discussed the hearing in J.G.G. v. Trump, over potential contempt proceedings against the government concerning actions taken surrounding the deportation of some El Salvador immigrants to CECOT. Lees meer
This episode is a part of Lawfare’s new livestream series, Lawfare Live: The Now. Subscribe to Lawfare on Substack or YouTube to receive an alert for future livestreams.
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Rational Security: The “Chicken Fight” Edition
19 november 2025 · 1 uur 18 min
This week, Scott sat down with his Lawfare colleagues Anna Bower, Michael Feinberg, and Roger Parloff to talk through the week’s big domestic news stories, including: Lees meer
“Diving Head First into the Shallow End of the Jury Pool.” A federal magistrate judge has concluded that the government may well have made substantial misrepresentations and other errors before the Grand Jury in the prosecution of former FBI director James Comey, and has ruled that Comey is entitled access to extraordinary discovery to make his case that these errors warrant dismissal, among other possible remedies. What does this ruling—which is now on appeal—mean for the Comey prosecution and for the Trump administration’s other efforts to prosecute the president’s enemies?
“The Ep Files: Fight the Future.” Republicans in Congress are hotly divided on the question of the Epstein files. While some Republicans (along with many Democrats) have sought broader disclosures from the Justice Department, among other sources, Speaker Mike Johnson and others have thrown up roadblocks to relevant requests, in part out of apparent concern that they may contain damaging revelations about President Trump. But the White House did an about-face this week, switching to support legislation that would compel disclosure of the investigatory materials—clearing the way for it to move forward. What explains the switch in time? And where might it lead?
“Pipe Dreams.” The right wing media outlet The Blaze released a bombshell report last week, indicating that they had identified a law enforcement and intelligence official as the likely perpetrator of the Jan. 6, 2021, attempted pipe bombing of the DNC and RNC headquarters in Washington, D.C.—a longstanding obsession in certain corners of the internet. But its claims were quickly rebuked by senior FBI officials, triggering a round of mutual incrimination and accusation. What does this tell us about the state of the investigation and the broader relationship between the Tru…
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Lawfare Daily: Emily Hoge on Russian Mobsters at the Front
19 november 2025 · 46 min
Benjamin Wittes sits down with Emily Hoge, a historian at Clemson University, who has written a pair of pieces for Lawfare recently about Russian mobsters and the war in Ukraine. They’re getting out of prison in exchange for service at the front. Some of them are surviving their service there and returning home by way of reward—and the Russian crime rate is skyrocketing as a result. Is all of this altering the Russian social contract, which promised to make the violence of the 1990s a thing of the past in exchange to submission to Vladimir Putin’s rule? Lees meer
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Lawfare Daily: The Epstein Files and the Politicization of the Justice Department
18 november 2025 · 58 min
Senior Editor Anna Bower speaks with Lawfare Public Service Fellow Michael Feinberg and Senior Editor Eric Columbus about the extraordinary actions taken by the Justice Department and Congress in response to calls for the release of investigative files related to Jeffrey Epstein. The discussion covers the DOJ’s unusual “review” of the Epstein files, Congress’s oversight role, proposed legislation aimed at compelling the release of these materials, and the department’s newly announced probe into prominent Democrats with alleged ties to Epstein. Lees meer
Listeners can read Editor-in-Chief Benjamin Wittes’s column on the Epstein files here. Wittes’s writing on “ghost investigations” is available here.
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Lawfare Daily: The Trials of the Trump Administration, Nov. 14
17 november 2025 · 1 uur 29 min
In a live conversation on YouTube, Lawfare Executive Editor Natalie Orpett sat down with Lawfare Senior Editors Anna Bower, Roger Parloff and Eric Columbus and Lawfare Public Service Fellow Loren Voss to discuss an update in the Georgia prosecution of President Trump, a hearing on whether Lindsey Halligan was lawfully appointed as U.S. attorney, a district court barring the deployment of National Guard to Portland, and more.You can find information on legal challenges to Trump administration actions here. And check out Lawfare’s new homepage on the litigation, new Bluesky account, and new WITOAD merch.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute. Lees meer
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Lawfare Archive: Big Tech and Law Enforcement, with Lukas Bundonis
16 november 2025 · 50 min
From August 9, 2024: On today's episode, Lawfare's Fellow in Technology Policy and Law Eugenia Lostri speaks with Senior Privacy Engineer at Netflix and former Army Reserve intelligence officer, Lukas Bundonis. They talked about the relationship between law enforcement and tech companies, what that relationship looks like in the U.S. and other countries, and the different ways in which that communication can be politicized. Lees meer
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Lawfare Archive: Will Generative AI Reshape Elections?
15 november 2025 · 50 min
From November 29, 2023: Unless you’ve been living under a rock, you’ve probably heard a great deal over the last year about generative AI and how it’s going to reshape various aspects of our society. That includes elections. With one year until the 2024 U.S. presidential election, we thought it would be a good time to step back and take a look at how generative AI might and might not make a difference when it comes to the political landscape. Luckily, Matt Perault and Scott Babwah Brennen of the UNC Center on Technology Policy have a new report out on just that subject, examining generative AI and political ads. Lees meer
On this episode of Arbiters of Truth, our series on the information ecosystem, Lawfare Senior Editor Quinta Jurecic and Lawfare’s Fellow in Technology Policy and Law Eugenia Lostri sat down with Matt and Scott to talk through the potential risks and benefits of generative AI when it comes to political advertising. Which concerns are overstated, and which are worth closer attention as we move toward 2024? How should policymakers respond to new uses of this technology in the context of elections?
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Scaling Laws: The AI Economy and You: How AI Is, Will, and May Alter the Nature of Work and Economic Growth with Anton Korinek, Nathan Goldschlag, and Bharat Chander
14 november 2025 · 45 min
Anton Korinek, a professor of economics at the University of Virginia and newly appointed economist to Anthropic's Economic Advisory Council; Nathan Goldschlag, Director of Research at the Economic Innovation Group; and Bharat Chander, Economist at Stanford Digital Economy Lab, join Kevin Frazier, the AI Innovation and Law Fellow at the University of Texas School of Law and a Senior Editor at Lawfare, to sort through the myths, truths, and ambiguities that shape the important debate around the effects of AI on jobs. Lees meer
They discuss what happens when machines begin to outperform humans in virtually every computer-based task, how that transition might unfold, and what policy interventions could ensure broadly shared prosperity.
These three are prolific researchers. Give them a follow to find their latest works:
Anton: @akorinek on X
Nathan: @ngoldschlag and @InnovateEconomy on X
Bharat: X: @BharatKChandar, LinkedIn: @bharatchandar, Substack: @bharatchandar
Find Scaling Laws on the Lawfare website, and subscribe to never miss an episode.
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Rational Security: The “Video Killed the Podcast Star” Edition
13 november 2025 · 1 uur 26 min
This week, Scott sat down with his Lawfare colleagues Natalie Orpett, Eric Columbus, and Molly Roberts, to talk through the week’s big national security news stories, including: Lees meer
“I Don’t Think You’re Ready for the Shutdown.” The record-setting shutdown of the U.S. government is set to come to an end after eight Democratic senators agreed to a continuing resolution that will fund all of the government through January 30, certain chunks of the government all the way through the end of the fiscal year, and made a number of concessions along the way. What should we make of this deal, and what are the political ramifications—particularly for Democrats, many of whom are quite angry at those who ultimately voted for this plan?
“Overt Acts.” Last week, in a move quite publicly celebrated by his controversial clemency czar Ed Martin, President Trump issued pardons for dozens of individuals accused of participating in efforts to manipulate the results of the 2020 election in his favor, including his former attorney Rudy Giuliani and other alleged “unindicted co-conspirators” in his own, since-abandoned federal criminal prosecution. Indeed, Trump himself was the only one who was federally indicted for 2020 election manipulations, making the most immediate legal effect of these pardons unclear. What is Trump trying to accomplish in issuing them? And what could the ramifications be for future elections?
“Law & Order: Special Victims Unit.” Even as his prosecutions against James Comey and Letitia James have faced headwinds, the Trump administration appears to be moving full speed ahead with criminal investigations against other of his perceived enemies—including a large-scale investigation into government reports alleging Russian support for Trump in 2016 that was recently transferred from Justice Department officials in Eastern Pennsylvania to the more Trump-friendly terrain of Southern Florida. What is the current state of the revenge campaign the Trump administration has b…
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Lawfare Daily: Revolutions and the Rule of Law
13 november 2025 · 50 min
In this episode, Michael Feinberg interviews Fareed Zakaria, whose book “Age of Revolutions” has just been issued with a new afterword in light of the return of the Trump Administration. The two discuss intellectual, cultural, and populist revolutions from history and what those events have to teach us about our current political moment. Lees meer
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Lawfare Daily: Tim Wu on ‘The Age of Extraction’
12 november 2025 · 51 min
Lawfare Senior Editors Kate Klonick and Alan Rozenshtein talk to Columbia law professor Tim Wu about this new book, “The Age of Extraction: How Tech Platforms Conquered the Economy and Threaten Our Future Prosperity.” Lees meer
The book is the final part of what Wu calls his trilogy—building on his prior best selling books “The Master Switch” and “Attention Merchants.” Klonick and Rozenshtein speak with Wu about how he sees the platforms as evolving in the 15 years since he started this series and what he sees as the future solution set for the problems that have developed out of the early promise of the digital era.
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Lawfare Archive: Lindsay Chervinsky on ‘Making the Presidency’
11 november 2025 · 1 uur 9 min
From September 23, 2024: Lindsay Chervinsky is the Executive Director of the George Washington Library at Mount Vernon. She is also the author of a much celebrated new book on the John Adams presidency that is focused primarily on the national security decision-making of the second president and how it set norms for the conduct of the presidency and its powers with which we still live today. She sat down with Lawfare Editor-in-Chief Benjamin Wittes to talk about how Adams defended presidential power while it was under assault by both his Jeffersonian foes and the radicals of his own Federalist party. Lees meer
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Lawfare Daily: The Trials of the Trump Administration, Nov. 7
10 november 2025 · 1 uur 41 min
In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Anna Bower, Molly Roberts, Roger Parloff and Eric Columbus to discuss the criminal trial of the man who threw a sandwich at a federal immigration officer in D.C., a hearing in the prosecution of James Comey, litigation over the conditions of an immigration detention center in Illinois, and more.You can find information on legal challenges to Trump administration actions here. And check out Lawfare’s new homepage on the litigation, new Bluesky account, and new WITOAD merch.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute. Lees meer
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