The Lawfare Podcast: Patreon Edition
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Ask Lawfare Anything: February 2026
19 februari 2026 · 1 uur 1 min
If you prefer, you can watch the webinar here: https://youtu.be/Rxm8AcFqA6s Lees meer
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Lawfare Daily: Challenging Immigration Detentions in Minnesota
19 februari 2026 · 48 min
The dramatic influx of immigration enforcement actions in Minnesota have landed an enormous number of people in detention. It's led to an unprecedented number of petitions for habeas corpus—that is, people arguing that their detention is unlawful. Lees meer
On today's podcast, Lawfare's Executive Editor Natalie Orpett talked with John Albanese, an attorney at the law firm Berger Montague in Minneapolis, who represents people who are bringing these challenges. They talked about what the flood of habeas petitions actually looks like on the ground—what detention authorities the government is claiming, how the legal community is coming together to address the needs of people in detention, how government lawyers are faring, and how the judiciary is dealing with it all.
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Lawfare Daily: National Security Regulation of Technology and Data Transactions
18 februari 2026 · 54 min
Lawfare Book Review Editor Jonathan Cedarbaum sits down with Justin Sherman, the CEO of Global Cyber Strategies, to discuss his new book, "Navigating Technology and National Security: The Intersection of CFIUS, Team Telecom, AI Controls, and Other Regulations," in which Sherman describes and assesses the proliferation of U.S. regulatory programs designed to guard against national security risks arising from transactions involving technology and data. Lees meer
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Lawfare Daily: Ukraine After Year One of Trump’s Second Term, with Eric Ciaramella and Francis Farrell
17 februari 2026 · 1 uur 6 min
Eric Ciaramella of the Carnegie Endowment for International Peace and Francis Farrell, a reporter at the Kyiv Independent who covers military and security dynamics in Ukraine, join Lawfare’s Ukraine Fellow Anastasiia Lapatina for a look back at the first year of the Trump presidency through the lens of the war Ukraine. Lees meer
The three delve into the expectations surrounding the Trump administration's approach to Ukraine, the evolving battlefield situation, and the dynamics of U.S. aid. They also analyze the role of Europe in supporting Ukraine, the potential future scenarios for both Ukraine and Russia as they navigate the complexities of the ongoing war, and whether the ongoing peace talks have any chance of succeeding.
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Lawfare Daily: The Trials of the Trump Administration, Feb. 13
16 februari 2026 · 1 uur 42 min
In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Eric Columbus, Roger Parloff, and Anna Bower, Lawfare Public Service Fellow Troy Edwards, and Lawfare Student Contributor Peyton Baker to discuss the arraignment of Don Lemon and his co-defendants in Minnesota, affidavits released for the FBI search of Fulton County, the Justice Department’s attempt to wipe out Steve Bannon’s conviction, and more. Lees meer
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.
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Lawfare Archive: Jack Goldsmith on Trump v. United States and Executive Power
15 februari 2026 · 53 min
From February 12, 2025: Jack Goldsmith, the Learned Hand Professor at Harvard Law School and co-founder of Lawfare, joins Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare, to talk about his recent Lawfare article discussing last year's Supreme Court decision in Trump v. United States and its implications for executive power. They discuss how the ruling extends beyond presidential immunity, the broader shift toward a maximalist theory of executive authority, and what this means for the future of American democracy. Lees meer
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Lawfare Archive: Nayna Gupta on the Laken Riley Act
14 februari 2026 · 35 min
From February 7, 2025: On today’s podcast, Lawfare Associate Editor for Communications Anna Hickey spoke to Nayna Gupta, Director of Policy at the American Immigration Council, about the Laken Riley Act, the first piece of legislation signed by President Trump in his second term, its start as a messaging bill in the last Congress, and its impact on the immigration detention system. Lees meer
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Lawfare Daily: Lessons for Civilian Harm Mitigation in Urban Warfare, from Gaza and Beyond
13 februari 2026 · 56 min
For today's podcast, we're bringing you the audio for a panel discussion that Senior Editor Scott R. Anderson hosted this past November, at a conference on Precision Lethality and Civilian Harm Mitigation, hosted by the Center for Ethics and the Rule of Law (CERL) at the University of Pennsylvania. Lees meer
Joining him on the panel were Professor Claire Finkelstein, CERL's founder and director; Christopher Maier, a former Assistant Secretary of Defense for Special Operations and Low Intensity Conflict in the Biden administration; Dr. Larry Lewis, a principal research scientist at CNA and expert in civilian harm mitigation; and Professor Geoffrey Corn of Texas Tech University School of Law, an expert in the law of armed conflict with more than two decades of experience as an Army Judge Advocate General.
Together, the panelists discussed the challenges of civilian harm mitigation in urban warfare environments, what mistakes were made in Gaza and other contexts, how civilian harm mitigation intersects with media coverage and legitimacy concerns, and what key lessons policymakers and warfighters should carry into the next such conflict.
You can view articles and podcasts published in Lawfare that grew out of a number of workshops and sessions from the conference here.
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Rational Security: The “Midnight Train to Ukraine” Edition
12 februari 2026 · 1 uur 21 min
This week, Scott sat down with Editor in Chief Benjamin Wittes, who recently returned from Ukraine, and Lawfare’s Ukraine Fellow Anastasiia Lapatina, to go through the latest developments in that country, including: Lees meer
“Cold War.” Russia’s ongoing winter campaign against Ukraine’s energy infrastructure has created a humanitarian crisis in many parts of the country. In Kyiv, at least one major power plant has been completely destroyed, and many more energy sites have been damaged. Numerous other parts of the country are without power and heating during a season when temperatures regularly dip below zero degrees Fahrenheit. What do these attacks show about the dynamics of the conflict? And what can be done to curb their effects?
“Stuck in the Sand.” U.S.-backed negotiations between Russia and Ukraine—which continued in Abu Dhabi this past week—remain at an impasse, without tangible progress other than a prisoner of war exchange that led to the release of 157 Ukrainians from Russian captivity. Russia continues to demand that Ukraine surrender a large swath of territory in its eastern Donbas region, which Kyiv says is a red line. Meanwhile, President Zelensky has suggested that the United States is pushing the sides to end the war by summer 2026 — perhaps because of the U.S. midterm elections set to take place shortly thereafter. What is the state of the negotiations at this point? Is this a reasonable expectation by the administration? Or are there any areas for potential agreement in the short or medium term?
“(P)eye in the Sky?”: The war in Ukraine is arguably the first to be fought in substantial part through drones. Not only has the conflict helped showcase the capabilities of drones, but it’s spurred rapid development in the technology behind them—and methods that might be used to defeat them. What did Ben learn about these technologies on his trip? And what can it tell us about the future of warfare?
In object lessons, Ben departs from his signature dog shirts …
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Lawfare Daily: Why AI Won't Revolutionize Law (At Least Not Yet), with Arvind Narayanan and Justin Curl
12 februari 2026 · 44 min
Alan Rozenshtein, research director at Lawfare, speaks with Justin Curl, a third-year J.D. candidate at Harvard Law School, and Arvind Narayanan, professor of computer science at Princeton University and director of the Center for Information Technology Policy, about their new Lawfare research report, “AI Won't Automatically Make Legal Services Cheaper,” co-authored with Princeton Ph.D. candidate Sayash Kapoor. Lees meer
The report argues that despite AI's impressive capabilities, structural features of the legal profession will prevent the technology from delivering dramatic cost savings anytime soon. The conversation covered the "AI as normal technology" framework and why technological diffusion takes longer than capability gains suggest; why legal services are expensive due to their nature as credence goods, adversarial dynamics, and professional regulations; three bottlenecks preventing AI from reducing legal costs, including unauthorized practice of law rules, arms-race dynamics in litigation, and the need for human oversight; proposed reforms such as regulatory sandboxes and regulatory markets; and the normative case for keeping human decision-makers in the judicial system.
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Lawfare Daily: Dockets Die in Darkness with Peter Beck and Seamus Hughes
11 februari 2026 · 33 min
In his recent piece for Court Watch, a news site covering interesting, yet often overlooked federal court filings, Lawfare Associate Editor Peter Beck wrote about the Middle District of Georgia, which is “filled with rich news stories that even a few years ago would have been quickly reported” but which “now sits in a so-called ‘news desert,’ a place that is largely devoid of even a single newspaper, let alone a reporter dedicated to its federal court.” Lees meer
Out of Georgia’s 17 counties without a single local news source, 12 fall within the Middle District of Georgia’s jurisdiction. Unfortunately, this district is not alone in this regard, writes Beck, but rather “part of a broader trend of the death of local news, leaving community members uninformed about important developments in their neighborhoods and leading to less and less transparency in the legal system.”
For today’s episode, Lawfare Managing Editor Tyler McBrien sits down with Beck, as well as Seamus Hughes, a senior research faculty at the University of Nebraska Omaha’s National Counterterrorism Innovation, Technology, and Education Center (NCITE) and the founder of Court Watch, to discuss what happens when “dockets die in darkness.”
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Lawfare Daily: What To Expect on the Immigration Front in Year 2 of Trump's Second Term
10 februari 2026 · 53 min
Lawfare Senior Editor Eric Columbus talks with Aaron Reichlin-Melnick of the American Immigration Council to discuss what is—and isn’t—likely to look different in the upcoming year of Trump administration immigration policy. After a whirlwind year, ICE and CBP have a lot more resources than at the dawn of the administration—but also a lot more opposition. How will it all shake out? Lees meer
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Lawfare Daily: The Trials of the Trump Administration, Feb. 6
9 februari 2026 · 1 uur 25 min
In a live conversation on YouTube, Lawfare Executive Editor Natalie Orpett sat down with Lawfare Senior Editors Eric Columbus, Roger Parloff, and Molly Roberts to discuss a congressional hearing into ICE’s use of force in Minneapolis and Chicago, oral argument over DHS’s mandatory detention policy, a district judge rejecting Minnesota’s 10th amendment challenge to Operation Metro Surge, and more. Lees meer
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.
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Lawfare Archive: Asylum-Seekers and the EU Migration Pact
8 februari 2026 · 55 min
From April 1, 2024: In early February, the European Union approved a major overhaul of its immigration laws. If approved by EU member states, the pact will drastically curtail the rights of migrants and asylum seekers entering the European Union. It’s part of a trend we’re seeing all over the world, including here in the U.S. Lees meer
Lawfare Executive Editor Natalie Orpett sat down with Steve Meili, Professor of International Human Rights Law at University of Minnesota Law School. They discussed the EU Pact’s new provisions, why critics are calling them a violation of human rights law, and how asylum and migration law is evolving globally.
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Lawfare Archive: Anna Bower on Judge McBurney’s Deliberations
7 februari 2026 · 43 min
From January 25, 2023: Judge Robert McBurney of the Superior Court of Fulton County held a hearing on Tuesday to decide whether or not to release the Fulton County Special Grand Jury's report on 2020 election interference in Georgia. Lawfare's Fulton County correspondent Anna Bower was in the room live-blogging the matter, and Lawfare editor-in-chief Benjamin Wittes caught up with her right after the hearing to talk it through. Why did the district attorney argue that the report should continue to be sealed for now? What were the media organizations’ arguments, and which way was Judge McBurney leaning? Is the report going to become public? And if so, when? Lees meer
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Lawfare Daily: Iran Protests and Internet Shutdown
6 februari 2026 · 48 min
Information about the recent protests in Iran and the regime's brutal crackdown are only starting to come to light, having been severely limited by the internet shutdown over the past few weeks. The picture that is emerging is horrifying: Thousands and possibly tens of thousands have been killed by regime security forces. In this episode, Lawfare Public Service Fellow Ariane Tabatabai talks to Nate Swanson and Iria Puyosa of the Atlantic Council to make sense of what has been going on in Iran and the U.S. response. Lees meer
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Rational Security: “The Story of Three Warrants” Edition
5 februari 2026 · 1 uur 23 min
This week, Scott sat down with his Lawfare colleagues Molly Roberts, Michael Feinberg, and Troy Edwards to talk through the week’s big warrant-related national security news, including: Lees meer
“Tulsi Went Down to Georgia, She Was Looking for a Vote to Steal.” This past week, the FBI executed a warrant to search Fulton County’s election center for ballots and equipment related to the 2020 election, with the help of an unlikely senior administration official: Director of National Intelligence Tulsi Gabbard, who was reportedly there in-person at the order of President Trump. Observers are concerned that the search is the beginning of a broader effort to relitigate the 2020 election—especially as Trump calls for Republicans in Congress to “nationalize elections” in advance of the November mid-terms. What do we know about the legal basis for this search? And what does it tell us about what the Trump administration has planned for November?
“I Hear the Jury’s Still Out on the Fourth Amendment.” Over the past week, whistleblowers have revealed that ICE has issued a series of internal memos to agents advising that they do not need judicial warrants to detain or search the homes of people suspected of being undocumented immigrants. Instead, ICE has attempted to side-step the regular judicial process by suggesting that agents only need an administrative warrant, a controversial move that will almost certainly be challenged in court. What do we think of ICE’s decision to shift to such a legally dubious policy, and where do we expect it to go from here?
“Ex Post Justification.” Last month, the FBI conducted a search on the home of Washington Post reporter Hannah Natanson as part of an investigation into alleged leaks by a Defense Department contractor. During the search, agents seized Natanson’s personal and professional devices, which drew concern from media outlets and civil liberty groups over potential First Amendment and privacy violations. A magistrate judge has now ordered …
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Lawfare Daily: The U.S. Plan for Venezuelan Oil Revenue
5 februari 2026 · 1 uur 4 min
On today's podcast, Executive Editor Natalie Orpett speaks with Lawfare Senior Editor Scott R. Anderson about the recently announced U.S. plan to take possession of Venezuelan oil, sell it on the world market, and hold the revenue from those sales in accounts based in Qatar. Scott and Lawfare Contributing Editor Alex Zerden recently published an article in Lawfare digging into the complexities of the plan. Scott and Natalie talk through them all—what exactly this plan is, how it’s supposed to work, why Qatar is involved, and all the many challenges in play. Lees meer
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Lawfare Daily: Unearthing and Reckoning with the Intelligence Excesses of the Cold War
4 februari 2026 · 56 min
Lawfare Senior Editor Michael Feinberg sits down with Matthew Guariglia and Brian Hochman to discuss their new book, “The Church Committee Report Lees meer
Revelations from the Bombshell 1970s Investigation into the National Security State,” in which they chronicle the law enforcement and intelligence community’s Cold War excesses, the Senate committee which uncovered them, and what we can learn about the resulting report in terms of our own era.
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Lawfare Daily: Misogyny and Violent Extremism with Cynthia Miller-Idriss
3 februari 2026 · 51 min
Cynthia Miller-Idriss, a professor at American University, discusses her new book, "Man Up: The New Misogyny & the Rise of Violence Extremism," with Lawfare Foreign Policy Editor Daniel Byman. She explains how different forms of misogyny shape lead to political and social violence, why most scholarship and media accounts usually ignore the role of gender, and what individuals can do to fight back. Lees meer
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January Minipod: Congressional Oversight of the Trump Administration
2 februari 2026 · 19 min
On this month’s minipod, Lawfare Associate Editor for Communications Anna Hickey talked to Lawfare Senior Editor Eric Columbus about what congressional oversight over the Trump administration may look like if the Democratic party becomes the majority of the House of Representatives in the 2026 midterms. Lees meer
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Lawfare Daily: The Trials of the Trump Administration, Jan. 30
2 februari 2026 · 1 uur 28 min
In a live conversation on YouTube, Lawfare Senior Editor Eric Columbus sat down with Lawfare Senior Editors Anna Bower, Roger Parloff, and Molly Roberts to discuss the FBI search of the election center in Fulton County, the arrest of protestors in Minnesota, including Don Lemon, a decision out of the 9th Circuit regarding temporary protected status for Venezuelans, and more. Lees meer
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.
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Lawfare Archive: Discussing President Trump’s First Batch of Executive Orders
1 februari 2026 · 58 min
From January 27, 2025: In a live conversation on January 23, Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Senior Editors Scott R. Anderson, Anna Bower, Quinta Jurecic, and Alan Rozenshtein and assistant law professor at Pace University Amelia Wilson about the first batch of executive orders by President Trump in his second term, including suspending enforcement of the TikTok ban, the use of the military at the border, the birthright citizenship order, and the legal challenges some of these orders are facing. Lees meer
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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Lawfare Archive: Judge Cannon Dismisses Classified Documents Case Against Trump
31 januari 2026 · 59 min
From July 16, 2024: On July 15, Judge Cannon granted former President Trump’s motion to dismiss the indictment brought by Special Counsel Jack Smith for the alleged mishandling of classified documents. She found that Smith was appointed as a special counsel in violation of the Appointments Clause of the Constitution. Lees meer
In a live podcast recording, Lawfare Editor-in-Chief Benjamin Wittes talked to Lawfare Executive Editor Natalie Orpett, Legal Fellow and Courts Correspondent Anna Bower, Senior Editors Alan Rozenshtein and Quinta Jurecic, and Columbia Law professor Michel Paradis about Judge Cannon's decision, what Special Counsel Jack Smith may do next, how the Eleventh Circuit may rule on an appeal, how Justice Thomas’s immunity concurrence plays a role, and more.
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Lawfare Daily: The Thousands of Lawsuits Challenging Pres. Trump’s Mandatory Alien Detention Policy
30 januari 2026 · 39 min
Kyle Cheney, senior legal affairs reporter for Politico, speaks to Lawfare Senior Editor Roger Parloff about the thousands of habeas corpus cases he has pored through challenging a Trump administration policy requiring mandatory detention for most detained aliens. Lees meer
They discuss how judges have ruled on these cases, the degree to which those rulings do or don’t correlate with political expectations, the appellate prospects for such cases, and why they haven’t been resolved by class action.
More reading on this topic:
"Hundreds of judges reject Trump’s mandatory detention policy, with no end in sight," by Kyle Cheney, Politico (January 5, 2026)
"Judges, inundated with immigration cases, don’t mince words on ICE tactics," by Kyle Cheney, Politico (January 26, 2026)
Kyle's thread on Minnesota cases on X
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Rational Security: The “Pawing at Scott” Edition
29 januari 2026 · 1 uur 13 min
This week, Scott sat down with his Lawfare colleagues Alan Rozenshtein, Eric Columbus, and Molly Roberts for a deep dive into two of the week’s big national security news stories: Lees meer
“Slipping Down the Slope.” Last week’s killing of 37-year-old ICU nurse Alex Pretti by Border Patrol agents in Minneapolis, Minnesota, has triggered what increasingly appears to be a national backlash against the Trump administration’s immigration policies and ICE’s violent tactics. Republicans and Democrats alike have been increasingly public in their criticism of the administration’s actions—and, in particular, DHS Secretary Kristi Noem—while state officials have begun exploring more legal avenues for pushing back against federal officials. The Trump administration, meanwhile, may be shifting tack, as it has replaced Border Patrol commander-at-large Greg Bovino with immigration czar Tom Homan on the ground in Minneapolis and adopted a more conciliatory tone. Is this a real turning point for the Trump administration’s flagship policy? Or more of a feint?
“Now We’re Just Waiting on Artificial Strength, Dexterity, Wisdom, and Charisma.” Last week, the artificial intelligence company Anthropic released what it’s calling a “constitution” for its premier AI model, Claude. The constitution seeks to instill a moral framework, value system, and even a personality in the AI model, taking an unprecedented step in both private AI governance and AI personhood. How does Claude’s constitution factor into broader discussions about AI development and regulating how models should interact with users?
In object lessons, Eric sticks to classic Rational Security orthodoxy by recommending an actual, physical object: his wife’s beloved migraine-slaying device, The Tingler. Alan flagrantly violates the show’s informal norms with a repeat recommendation—season 2 of The Night Manager (plus some unsolicited fawning over Tom Hiddleston). Scott, desperate for warmth, throws the rulebook into the fire with a doub…
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Lawfare Daily: Trump, Greenland, and the International Order
29 januari 2026 · 42 min
The crisis over President Trump's threats to annex Greenland appears to be over for now. But the second- and third-order consequences continue to unfold as NATO allies try to manage their relationship with the United States. In this episode, Lawfare Senior Editor Molly Roberts, Lawfare Public Service Fellow Ariane Tabatabai, and Egmont Institute Visiting Fellow John Drennan give an overview of the crisis and discuss its implications for the United States and NATO, as well as talk though how U.S. adversaries like Russia and China see the family feud. Lees meer
For more on these topics, see:
“Western Europeans Are Hedging on a Post-U.S. NATO,” by Lucas Robinson, Lawfare (June 24,2025)
“Russia and China in the Gray Zone,” by Ariane Tabatabai, Lawfare (November 14, 2025)
“America Needs a New Nuclear Nonproliferation Toolkit,” by Ariane Tabatabai, Lawfare (January 21, 2026)
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Lawfare Daily: Elizabeth Tsurkov on Her Captivity in Iraq
28 januari 2026 · 1 uur 11 min
Editor in Chief Benjamin Wittes sits down with Princeton PhD candidate Elizabeth Tsurkov to talk about the 903 days that she was held in captivity by Kata'ib Hezbollah, an Iranian-backed militia in Iraq. Tsurkov describes the circumstances of her detention, the realities of life in captivity, and the sociological study she undertook of her captors while imprisoned. Wittes and Tsurkov also explore changes in U.S. hostage policy under the Biden and Trump administrations, as well as how various governments responded to efforts to secure her release. Lees meer
For more on Elizabeth’s powerful story, see:
“Held Hostage by Iran’s Militias: Where Are They Now?,” a talk by Elizabeth Tsurkov, moderated by Charles Lister and Benjamin Wittes, hosted by the Middle East Institute (January 21, 2026)
“Lawfare Daily: One Year Since the Kidnapping of Elizabeth Tsurkov,” Ben’s conversation with Emma Tsurkov about her efforts to seek her sister’s release (March 25, 2024)
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Lawfare Daily: The Military’s Operational Technology Cyber Vulnerabilities
27 januari 2026 · 49 min
Andy Grotto, William J. Perry International Security Fellow and the founder and co-director of the Program on Geopolitics, Technology, and Governance at Stanford University’s Center for International Security and Cooperation (CISAC), and Jim Dempsey, a senior policy adviser to that program and a Lecturer at the UC Berkeley Law School, join Lawfare’s Justin Sherman to discuss their recent study on the U.S. military’s domestic operational technology (OT) cybersecurity vulnerabilities, domestic installations’ dependencies on critical infrastructure both “inside the fence” and “outside the fence,” and how U.S. adversaries could exploit the flaws. They also discuss the myth of the air gap; the Pentagon’s Energy Resilience Program; the role that standards, regulations, and procurement could play in strengthening the cybersecurity of OT systems on which the military depends; and what the threat landscape will look like in the coming years. Lees meer
Resources:
James X. Dempsey and Andrew J. Grotto, “Ensuring the Cyber Resilience of Critical Infrastructure Serving Domestic Military Installations: Questions for Senior Leadership,” The Cyber Defense Review 10, no. 2 (2025): 115-138
Jim Dempsey and Andrew J. Grotto, “The Pentagon’s Operational Technology Problem,” Lawfare, December 15, 2025
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Lawfare Daily: The Trials of the Trump Administration, Jan. 23
26 januari 2026 · 1 uur 41 min
In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Anna Bower, Roger Parloff, and Eric Columbus and Lawfare Associate Editor Olivia Manes to discuss discussed the FBI searching the home of a Washington Post reporter, the Supreme Court oral arguments in President Trump’s attempt to fire Lisa Cook from the Federal Reserve, the criminal inquiries into Minnesota state officials and protestors, and more. Lees meer
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.
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Lawfare Archive: Joel Braunold on What Donald Trump's Return Might Mean for the Israeli-Palestinian Conflict
25 januari 2026 · 1 uur 4 min
From December 6, 2024: For today’s podcast, Lawfare General Counsel and Senior Editor Scott R. Anderson sat down with Joel Braunold, Managing Director of the S. Daniel Abraham Center for Middle East Peace, for the latest in their series of podcast conversations on aspects of the Israeli-Palestinian conflict. This time, they focused on what might be one of the most consequential developments in recent memory: Donald Trump’s return to the White House. Lees meer
They discussed who seems likely to steer policy toward the conflict in the incoming Trump administration, how the approach may differ from Trump’s last stint in the White House, and what it all may mean for Gaza, the West Bank, and the broader region.
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Lawfare Archive: Anna Bower on the Confirmation Hearing of Pete Hegseth
24 januari 2026 · 57 min
From January 15, 2025: In a live conversation on January 14, Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Senior Editor Anna Bower about the confirmation hearing of Pete Hegseth by the Senate Armed Services Committee on his expected nomination to be secretary of defense, the first confirmation hearing for one of President-elect Trump’s cabinet nominations in his second term. Lees meer
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Scaling Laws: Rapid Response to the Implications of Claude's New Constitution
23 januari 2026 · 57 min
Jakub Kraus, a Tarbell Fellow at Lawfare, speaks with Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Research Director at Lawfare, and Kevin Frazier, the AI Innovation and Law Fellow at the University of Texas School of Law, a Senior Fellow at the Abundance Institute, and a Senior Editor at Lawfare, about Anthropic's newly released "constitution" for its AI model, Claude. Lees meer
The conversation covers the lengthy document's principles and underlying philosophical views, what these reveal about Anthropic's approach to AI development, how market forces are shaping the AI industry, and the weighty question of whether an AI model might ever be a conscious or morally relevant being.
Mentioned in this episode:
Kevin Frazier, "Interpreting Claude's Constitution," Lawfare
Alan Rozenshtein, "The Moral Education of an Alien Mind," Lawfare
Find Scaling Laws on the Lawfare website, and subscribe to never miss an episode.
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Rational Security: The “Just Chilling in My Padded Room” Edition
22 januari 2026 · 1 uur 21 min
This week, Scott sat down with co-host emeritus Shane Harris and Lawfare colleagues Anna Bower and Loren Voss to talk through yet another big week in national security, including: Lees meer
“Minnesota N(ICE).” Amidst ongoing tensions over the Trump administration’s hyper aggressive immigration enforcement tactics in Minnesota, the Justice Department has issued subpoenas to at least five state Democratic officials—including Governor Tim Walz—investigating alleged efforts to obstruct or not cooperate with federal efforts. Some say it’s an intimidation tactic; to others, it seems to be laying the foundation for an invocation of the Insurrection Act. What should we make of these most recent developments in Minnesota?
“Fed Up.” Last week, Federal Reserve Chairman Jerome Powell announced in a video that the Federal Reserve had received subpoenas from the Department of Justice as part of a criminal inquiry into his congressional testimony regarding cost overruns in the ongoing renovation of the Federal Reserve’s headquarters. Powell called out the probe as an effort to undermine the Fed’s independence, and both markets and members of Congress have had a negative response. And the Supreme Court may follow, as it’s set to hear oral arguments in the related case of Federal Reserve board member Lisa Cook, whom Trump had previously sought to fire “for cause” on the basis of similarly unproven criminal allegations. Why did the Trump administration take this step when it did? And how might it affect the outcome of the Cook case?
“The Sound and the Fury.” Recent media reports have revealed that the Department of Defense has spent at least a year testing a device that may have been the source of a mysterious illness that has affected U.S. diplomats and personnel stationed around the world since 2016. This revelation has inevitably called into question past intelligence community assessments that such symptoms were unlikely to be the result of actions by a hostile adversary and resurrecte…
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Lawfare Daily: Can Minnesota Prosecute ICE Agent Jonathan Ross?
22 januari 2026 · 43 min
Senior Editor Anna Bower spoke with Carolyn Shapiro, co-director of Chicago-Kent College of Law's Institute on the Supreme Court, and Bryna Godar, a Staff Attorney with the State Democracy Research Initiative at the University of Wisconsin Law School. The discussion covered the state of Minnesota’s jurisdiction to criminally investigate Jonathan Ross, the ICE official who reportedly shot and killed Renee Nicole Good on Jan. 7. The conversation also covered obstacles state prosecutors might face in pursuing a potential prosecution and the likelihood that Ross could raise what’s known as “Supremacy Clause immunity." Lees meer
Bryna Godar’s article on the subject for Slate can be found here. Carolyn Shapiro’s Lawfare piece is available here.
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Lawfare Daily: Trump's Board of Peace and What's Next for Gaza, with Joel Braunold
21 januari 2026 · 54 min
On today's episode, Lawfare Senior Editor Scott R. Anderson sits down with Joel Braunold, the managing director of The Center Project and a Lawfare contributing editor, to talk over the Trump administration's recently released plans for the Board of Peace tasked with implementing its peace plan for Gaza. Lees meer
Together, they discuss the details of the plan, how it intersects with the Trump administration's twenty-point peace plan, the state of international relations surrounding the ceasefire in Gaza, and what it can all tell us about what might come next.
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Lawfare Daily: Grand Conspiracy with Molly Roberts
20 januari 2026 · 47 min
Lawfare Senior Editor Molly Roberts joins Editor in Chief Benjamin Wittes to discuss her new article on the so-called “grand conspiracy” investigation, which is now the subject of a grand jury probe in Florida. The “grand conspiracy” posits that a single conspiracy to foil President Trump’s electoral prospects binds together the Russia investigation from 2016, the Mar-a-Lago search, and the Jan. 6 and classified documents prosecutions during the Biden administration. Lees meer
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Lawfare Daily: The Trials of the Trump Administration, Jan. 16
19 januari 2026 · 1 uur 35 min
In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Anna Bower, Roger Parloff, Michael Feinberg and Molly Roberts to discuss the investigation of Federal Reserve chair Jerome Powell, Senator Mark Kelly’s suit against the Department of Defense, Illinois and Minnesota’s lawsuits against the Department of Homeland Security over an increase in deployment of federal immigration enforcement agents, and more. Lees meer
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.
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Lawfare Archive: Content Moderation Comes for Parler and Gettr
18 januari 2026 · 57 min
From September 9, 2021: Let’s say you’re a freedom-loving American fed up with Big Tech’s effort to censor your posts. Where can you take your business? One option is Parler—the social media platform that became notorious for its use by the Capitol rioters. Another is Gettr—a new site started by former Trump aide Jason Miller. Lees meer
Unfortunately, both platforms have problems. They don’t work very well. They might leak your personal data. They’re full of spam. And they seem less than concerned about hosting some of the internet’s worst illegal content. Can it be that some content moderation is necessary after all?
Today, we’re bringing you another episode of our Arbiters of Truth series on the online information ecosystem. Evelyn Douek and Quinta Jurecic spoke with David Thiel, the big data architect and chief technical officer of the Stanford Internet Observatory. With his colleagues at Stanford, David has put together reports on the inner workings of both Parler and Gettr. They talked about how these websites work (and don’t), the strange contours of what both platforms are and aren’t willing to moderate, and what we should expect from the odd world of “alt-tech.”
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Lawfare Archive: The Trump Administration’s Latest Moves to Dismantle the Iran Nuclear Agreement with Peter Harrell and Richard Nephew
17 januari 2026 · 37 min
From June 8, 2020: On May 27, the Trump administration announced that it was withdrawing sanctions waivers that had allowed Russian, Chinese and European companies to work with Iran on sensitive Iranian nuclear sites in support of the goals of the 2015 Iran nuclear agreement. Margaret Taylor talked about what it really means with two experts: Peter Harrell, an attorney and adjunct senior fellow at the Center for a New American Security, and Richard Nephew, senior research scholar at the Center on Global Energy Policy at Columbia University. They talked about what has happened since the Trump Administration decided to withdraw from the Iran nuclear agreement in 2018 and what difficulties a new presidential administration may encounter in re-joining the agreement. Lees meer
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Scaling Laws: How AI Can Transform Local Criminal Justice, with Francis Shen
16 januari 2026 · 53 min
Alan Rozenshtein, research director at Lawfare, spoke with Francis Shen, Professor of Law at the University of Minnesota, director of the Shen Neurolaw Lab, and candidate for Hennepin County Attorney. Lees meer
The conversation covered the intersection of neuroscience, AI, and criminal justice; how AI tools can improve criminal investigations and clearance rates; the role of AI in adjudication and plea negotiations; precision sentencing and individualized justice; the ethical concerns around AI bias, fairness, and surveillance; the practical challenges of implementing AI systems in local government; building institutional capacity and public trust; and the future of the prosecutor's office in an AI-augmented justice system.
Find Scaling Laws on the Lawfare website, and subscribe to never miss an episode.
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Rational Security: The “Scare Them When They’re Young” Edition
15 januari 2026 · 1 uur 17 min
This week, Scott sat down with his Lawfare colleagues Tyler McBrien, Michael Feinberg, and Ariane Tabatabai to talk through the week’s big news in national security, including: Lees meer
“Between Iraq and a Hard Place.” Iran is engaged in perhaps its most serious bout of domestic unrest in a decade, spurred on by a failing economy and the seeming political weakness of the regime after its devastating military conflict with Israel and the United States this past summer. But the regime has struck back viciously, cutting off global media and communications access even as it has engaged in a vicious and violent campaign of repression that may have already led to as many as between 2,000 and 12,000 fatalities. That has led, among other things, to threats from the Trump administration that it may intervene militarily against the regime. What should we be making of this development? What does it mean for the future of Iran, and what role might the United States play in that future?
“A Slippery Slope.” ICE’s increasingly provocative immigration enforcement actions came to a violent head last week in Minneapolis, when ICE agent Jonathan Ross shot and killed driver and possible protest participant Renee Good. While the White House has sought to frame Good as a “domestic terrorist” who threatened Ross, videos of the incident instead suggest that her conduct came nowhere close to the standard normally required for the use of lethal force. The FBI is now reportedly investigating Good’s widow for ties to activist groups, an effort that led several career federal prosecutors to quit this week. How effective are the administration’s attempts to shape the truth likely to prove?
“Green with Envy.” Diplomatic representatives from Denmark and Greenland are meeting with senior administration officials as we record to discuss a way forward on Greenland, the self-governing and all-but-independent Danish territory that President Trump has openly coveted since returning to office, up to and inclu…
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Lawfare Daily: Entrepreneurial Federalism and the New National Security, with Ashley Deeks and Kristen Eichensehr
15 januari 2026 · 43 min
On today's episode, Lawfare Senior Editor Scott R. Anderson sits down with Lawfare Contributing Editor Professor Ashley Deeks of the University of Virginia School of Law and Professor Kristen Eichensehr of Harvard Law School to discuss their recent article entitled, "Federalism and the New National Security," recently published in the Harvard Law Review. Lees meer
Together, they discuss the new ways that states are engaging in national security policy (which Deeks and Eichensehr call "entrepreneurial federalism"), the costs and benefits of such practices, and strategies for how the states and the various branches of the federal government should engage with them.
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Lawfare Daily: The U.S. Foreign Service at a ‘Breaking Point,’ with John Dinkelman
14 januari 2026 · 29 min
On today’s episode, Lawfare Managing Editor Tyler McBrien sits down with John Dinkelman, president of the American Foreign Service Association (AFSA), to discuss his organization’s latest report, entitled, “At the Breaking Point: The State of the U.S. Foreign Service in 2025.” They talk about why AFSA undertook such a project after the federal government workforce survey was canceled earlier in the year, the report’s major findings, and why a robust foreign service is vital to U.S. national security. Lees meer
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Lawfare Daily: The Latest in Iran, with Richard Nephew
13 januari 2026 · 54 min
Iran is once again witnessing large-scale protests, on which the regime is cracking down through mass arrests and deadly force. President Trump has stated that the United States would come to the rescue of Iranians if the regime continues to kill protestors. Meanwhile, Tehran continues to reconstitute its nuclear program, which was damaged during the 12-day war over the summer. President Trump has threatened to eliminate Iran’s nuclear and missile programs if Tehran does not stop rebuilding its capabilities. Iran’s regional standing remains diminished, though its relationships with Russia and China continue even as tensions create limits to cooperation. Lees meer
On today’s episode, Lawfare Public Service Fellow Ariane Tabatabai sits down with Richard Nephew, Senior Research Scholar at the Center on Global Energy Policy at Columbia University and former Deputy Special Envoy for Iran, to discuss the latest developments in Iran, take stock of U.S. policy toward Iran during President Trump’s first year back in office, and offer indicators for what to expect next.
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Lawfare Daily: The Trials of the Trump Administration, Jan. 5
12 januari 2026 · 1 uur 40 min
In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Roger Parloff Michael Feinberg and Eric Columbus to discuss the shooting by an ICE agent in Minnesota, what the Maduro indictment means for the Alien Enemies Act cases, the disqualification of the U.S. attorney for the Northern District of New York, 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: Former Ambassador Roberta Jacobson on the Mexico Presidential Election
11 januari 2026 · 45 min
From June 18, 2024: On June 2, Mexico held one of the largest elections in its history and the electorate voted in the country's first women, and Jewish, president, Claudia Sheinbaum. Sheinbaum was endorsed by outgoing President Andrés Manuel López Obrador (AMLO), who critics charge as pushing a series of anti-democratic policies including a substantial judicial overhaul. Lees meer
To discuss this historic election and what President-elect Claudia Sheinbaum may do in office, Lawfare Associate Editor for Communications Anna Hickey sat down with former United States Ambassador Roberta Jacobson. They discussed the issues voters were concerned about, political violence by cartels plaguing the country, and whether Sheinbaum will follow AMLO's trajectory as a populist or chart her own path.
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Lawfare Archive: A Jan. 6 Committee Staffer on Far-Right Extremism
10 januari 2026 · 57 min
From February 15, 2023: The Jan. 6 committee’s final report on the insurrection is over 800 pages, including the footnotes. But there’s still new information coming out about the committee’s findings and its work. Lees meer
Last week, we brought you an interview with Dean Jackson, one of the staffers who worked on the Jan. 6 committee’s investigation into the role of social media in the insurrection. Today, we’re featuring a conversation with Jacob Glick, who served as investigative counsel on the committee and is currently a policy counsel at Georgetown’s Institute for Constitutional Advocacy and Protection. His work in the Jan. 6 investigation focused on social media and far-right extremism. Lawfare senior editor Quinta Jurecic spoke with Jacob about what the investigation showed him about the forces that led to Jan. 6, how he understands the threat still posed by extremism, and what it was like interviewing Twitter whistleblowers and members of far-right groups who stormed the Capitol.
You can read Jacob’s essay with Mary McCord on countering extremism here in Just Security and listen to an interview with Jacob and his Jan. 6 committee colleagues here at Tech Policy Press.
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Lawfare Daily: The Legal Fallout After a Fatal ICE Shooting in Minneapolis
9 januari 2026 · 41 min
Lawfare Senior Editor Anna Bower speaks with fellow Senior Editors Eric Columbus and Mike Feinberg about the fatal shooting of Renee Nicole Good by an ICE officer in Minneapolis. The discussion covers what is currently known about the incident and the conflicting accounts offered by DHS and the White House in contrast with bystander video. The panel also discusses DHS use-of-force policies, the federal government’s reported investigation of the shooting, and the legal framework governing state prosecutions of federal officers. Lees meer
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Scaling Laws: A Year That Felt Like a Decade: 2025 Recap with Sen. Maroney and Neil Chilson
9 januari 2026 · 55 min
Connecticut State Senator James Maroney and Neil Chilson, Head of AI Policy at the Abundance Institute, join Kevin Frazier, the AI Innovation and Law Fellow at the University of Texas School of Law and a Senior Editor at Lawfare, and Alan Rozenshtein, Associate Professor at Minnesota Law and Research Director at Lawfare, for a look back at a wild year in AI policy. Lees meer
Neil provides his expert analysis of all that did (and did not) happen at the federal level. Senator Maroney then examines what transpired across the states. The four then offer their predictions for what seems likely to be an even busier 2026.
Find Scaling Laws on the Lawfare website, and subscribe to never miss an episode.
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