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The Lawfare Podcast: Patreon Edition
The Lawfare Podcast: Patreon Edition
Author: The Lawfare Institute
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The Lawfare Podcast features discussions with experts, policymakers, and opinion leaders at the nexus of national security, law, and policy. On issues from foreign policy, homeland security, intelligence, and cybersecurity to governance and law, we have doubled down on seriousness at a time when others are running away from it. Visit us at www.lawfaremedia.org.
Hosted on Acast. See acast.com/privacy for more information.
2021 Episodes
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For today’s episode, Lawfare Senior Editor Scott R. Anderson sits down with Charles Lister, a senior fellow at the Middle East Institute and head of its Syria Initiative, to talk about the dramatic developments that have taken place in Syria the past few weeks, which have ultimately led to the impending withdrawal of U.S. troops after more than a decade in country.Together, they discuss the challenges Syria has faced since the fall of the Assad regime, how the new transitional government in Damascus has managed its relationship with the Syrian Democratic Forces, what the exit of U.S. troops means for efforts to combat the Islamic State terrorist group, and the role the United States has played in it all—and is likely to play moving forward. Hosted on Acast. See acast.com/privacy for more information.
This week, Scott sat down with his Lawfare colleagues Kate Klonick, Molly Roberts, and Troy Edwards to talk through the week’s big national security news stories, including:“MisAnthropic.” On Monday, Anthropic filed a civil complaint in the Northern District of California and a petition for hearing at the Court of Appeals for the D.C. Circuit over the Department of Defense’s designation of the frontier artificial intelligence company as a “supply chain risk.” The litigation capped off weeks of building tensions between Anthropic and Pentagon officials over the firm’s two ethical red lines for the Defense Department and its use of its AI model, Claude, specifically around widespread surveillance of Americans and the use of AI and autonomous weapons. What exactly are the Pentagon’s grounds for designating Anthropic as a supply chain risk, and how does Anthropic argue that doing so is inconsistent with the law? And what might the implications be for the AI industry as a whole?“The Mashhadian Candidate.” Fears that Iran would respond to the ongoing Israeli-U.S. military campaign through overseas terrorism have come to a head this week, as reports emerged that U.S. intelligence had detected an encrypted message being transmitted from Iran that may serve as “an operational trigger” for assets sitting outside of the country. What do we know about Iran’s involvement in past clandestine operations, including terrorism? And what does it mean that this is all happening at a moment when the Justice Department and FBI have lost so many of their experienced national security personnel?“Maricopa-calypse Now.” Federal investigators have ramped up several inquiries that appear to be aimed at longstanding—and, thus far, unsubstantiated—allegations of fraud in the 2020 election that are particularly popular with President Trump and his closest supporters. Last month, FBI agents executed a search warrant on Fulton County’s election office and confiscated ballots and voting equipment used in 2020. Last week, the FBI reportedly subpoenaed records from a conservative Arizona legislator over the state senate’s audit of the 2020 election results in Maricopa County. And days later, the Department of Homeland Security’s Homeland Security Investigations office (or HSI) requested records from Arizona state officials regarding their own investigations into alleged 2020 malfeasance. What should we make of these developments? And at what point should we be concerned about the federal government's engagement in these sorts of matters in advance of the upcoming 2026 midterms?This week’s object lessons are all-consuming. Kate is celebrating online legal analysis by drinking from her Balkinization mug. Troy is lamenting yet another slate of firings at the FBI by drinking from his EX FED mug. Scott, finding himself with unexpected free time at Union Station, devoured Barbara Tuchman’s “A Distant Mirror: The Calamitous 14th Century.” And Molly introduces us to the texturally triggering cherimoya. Hosted on Acast. See acast.com/privacy for more information.
Former Assistant Attorney General for National Security Matt Olsen joins Lawfare Editor in Chief Benjamin Wittes to discuss the terrorist threat from Iran, the shocking lack of preparedness for Iranian malign activity at both the FBI and the National Security Division, and the pending lapse of the FISA 702 program. Hosted on Acast. See acast.com/privacy for more information.
On today’s episode, Lawfare’s Ukraine Fellow Anastasiia Lapatina talks to Fabian Hoffman, a missile expert and author of Missile Matters, and senior Ukrainian drone instructor Pavlo Litovkin about Iran’s shahed drones and what lessons the United States and its allies can learn from Ukraine as they rethink their air defense amidst the war with Iran. Hosted on Acast. See acast.com/privacy for more information.
Seamus Hughes, a senior research faculty member at the University of Nebraska-Omaha’s National Counterterrorism Innovation, Technology, and Education Center and a contributing editor at Lawfare, and Jacob Ware, the author of “God, Guns, and Sedition” and a recent Lawfare foreign policy essay on nihilistic violent extremism (NVE), join Lawfare Associate Editor Peter Beck to discuss the FBI’s new NVE classification, the online terror group 764, challenges counterterrorism professionals face with a younger set of aspiring terrorists, and more.Content Warning: This episode contains discussions of sexual violence and acts of violent extremism, including against children. Listener discretion is advised. Hosted on Acast. See acast.com/privacy for more information.
In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Roger Parloff, Molly Roberts, and Alan Rozenshtein, and Lawfare Public Service Fellow Troy Edwards to discuss the lawsuit challenges the deal for TikTok to be sold to American investors, updates in the litigation over the FBI seizing ballots from Fulton County, contempt hearings against the government in Minnesota, 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. Hosted on Acast. See acast.com/privacy for more information.
From January 11, 2020: As part of Lawfare's continuing coverage of the killing of Iranian Quds Force leader Qassem Soleimani, we are bringing you an edited version of the latest episode of the National Security Law Podcast, in which Bobby Chesney and Steve Vladeck discuss the legality of the strike and what this means for the future of U.S.-Iranian relations. We edited the podcast down solely to focus solely on the discussion of Soleimani. Hosted on Acast. See acast.com/privacy for more information.
From October 2, 2024: Israel has hit Hezbollah very hard over the past few days, killing much of its senior leadership and eroding its capabilities. It has also displaced hundreds of thousands of Lebanese and now has ground forces in Lebanon. Iran has responded with a missile barrage against Israel, to which an Israeli response is widely expected. To discuss the latest events in the expanding war, Lawfare's Editor-in-Chief Benjamin Wittes sat down with Firas Maksad of the Middle East Institute, Natan Sachs of the Brookings Institution, and Lawfare Senior Editor Scott R. Anderson.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. Hosted on Acast. See acast.com/privacy for more information.
Alan Rozenshtein, research director at Lawfare, spoke with Cullen O'Keefe, research director at the Institute for Law & AI, and Kevin Frazier, AI Innovation and Law Fellow at the University of Texas at Austin School of Law and senior editor at Lawfare, about their paper, "Automated Compliance and the Regulation of AI" (and associated Lawfare article), which argues that AI systems can automate many regulatory compliance tasks, loosening the trade-off between safety and innovation in AI policy.The conversation covered the disproportionate burden of compliance costs on startups versus large firms; the limitations of compute thresholds as a proxy for targeting AI regulation; how AI can automate tasks like transparency reporting, model evaluations, and incident disclosure; the Goodhart's Law objection to automated compliance; the paper's proposal for "automatability triggers" that condition regulation on the availability of cheap compliance tools; analogies to sunrise clauses in other areas of law; incentive problems in developing compliance-automating AI; the speculative future of automated compliance meeting automated governance; and how co-authoring the paper shifted each author's views on the AI regulation debate.Find Scaling Laws on the Lawfare website, and subscribe to never miss an episode. Hosted on Acast. See acast.com/privacy for more information.
This week, Scott sat down with his Lawfare colleagues Benjamin Wittes, Daniel Byman, and Ari Tabatabai for an in-depth discussion of the U.S. military operations against Iran, including:“Isn’t it Iran-ic.” Trump’s decision to join Israel in removing Ayatollah Khamanei reflects a deep reversal by the president, who has spent years criticizing his predecessors’ own experiences with regime change and other overseas adventurism. What drove Trump to proceed this time, after stopping short twice in the past year? What can we learn from the way the Trump administration has proceeded? And how far will Trump let things go?“Bibi’s Big Adventure.” Regime change in Iran is something Israel and the Arab Gulf states have advocated for frequently in the past. But they had all adopted a more cautious and even conciliatory posture toward Iran in the months before the current offensive, at least in public. How has the region approached this conflict? And what will it do moving forward?“MIGA.” The death of Ayatollah Khamenei is a major shift in Iran, but we don’t know where it is going to lead. One concern that people have always had about regime change in Iran is that it will be highly destabilizing, resulting in a failed state in a crucial corner of the Middle East. On the other end, other people have asserted that removing the Ayatollah and his regime will give Iran the opportunity to flourish back into a democracy, or at least something closer to a state that’s more stable and free than Iran has been for the last several decades. Between the two is a mass spectrum of possibilities. What does the future hold for Iran in the post-Ayatollah era, if that’s the era that we’re heading into?In object lessons, Ben is vibe-coding his way through Lawfare’s litigation tracker, as well as vibing his way through The Rest is History’s four-part series, Revolution in Iran. Dan is war-gaming his way through the attack on Iran with Next War: Iran. Scott is consuming as much Iran content as he can get his hands on with (another) Scott Anderson’s “King of Kings,” Roy Mottahedeh’s “The Mantle of the Prophet,” Gary Sick’s “All Fall Down,” and Dutch documentary “The Birthday,” finally discovered online by Lawfare’s own Anna Hickey. And Ari, not to be outdone in Iran content, recommends the graphic novel “Persepolis,” but really is escaping it all with Final Fantasy VII Remake. Hosted on Acast. See acast.com/privacy for more information.
Tom Brzozowski, formerly of the Justice Department; Lawfare Public Service Fellow Troy “LT” Edwards; and Steven Monacelli, an investigative correspondent at the Texas Observer, sit down with Lawfare Associate Editor Peter Beck to discuss the ongoing terrorism trial of an alleged Antifa cell in North Texas. The group talks about the events leading up to the trial, practices around domestic terrorism investigations and prosecutions, how the trial is unique to other terror prosecutions, and more. Hosted on Acast. See acast.com/privacy for more information.
For today’s episode, Lawfare Senior Editor Scott R. Anderson sits down with three leading scholars from the Georgetown University Law Center—Professor Kathleen Claussen, Professor Marty Lederman, and Visiting Scholar Peter Harrell of the Institute of International Economic Law—to talk through the Supreme Court’s groundbreaking opinion in Learning Resources, Inc v. Trump, which invalidated the array of global tariffs that the Trump administration had imposed using the International Emergency Economic Powers Act (IEEPA).Together, Scott and his guests break down the Court’s opinion, weigh what it might mean for the Major Questions Doctrine and foreign relations law, and look ahead to the legal fights to come over the other tariff authorities the Trump administration is now using to pursue its agenda. Hosted on Acast. See acast.com/privacy for more information.
In a live conversation on March 2, Lawfare Editor in Chief Benjamin Wittes spoke to Lawfare Senior Editor and Research Director Alan Rozenshtein about the Pentagon's designation of AI company Anthropic as a supply chain risk, the implications of a designation, how other AI companies have reacted, and the legal challenges the designation may face.Read Rozenshtein’s article on the topic, co-authored with Michael Endrias, here. Hosted on Acast. See acast.com/privacy for more information.
On this month’s minipod, Lawfare Associate Editor for Communications Anna Hickey talked to Lawfare Senior Editor Eric Columbus about how the president could potentially try to disrupt the 2026 midterm elections and the safeguards that exist. Hosted on Acast. See acast.com/privacy for more information.
In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Scott R. Anderson, Roger Parloff, Molly Roberts, Anna Bower, and Alan Rozenshtein, and Lawfare Public Service Fellow Troy Edwards to discuss the superseding indictment in the case against Don Lemon and his co-defendants in Minnesota, the standoff between the Department of Defense and Anthropic, the firing of FBI agents who worked on the classified documents 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. Hosted on Acast. See acast.com/privacy for more information.
At 9 am ET on March 1, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Public Service Fellows Ariane Tabatabai and Troy Edwards Lawfare Senior Editor Scott R. Anderson to discuss the U.S. and Israeli strikes on Iran, the death of Ayatollah Ali Khamenei, Iran's response, and what may happen next. Hosted on Acast. See acast.com/privacy for more information.
From October 8, 2016: Stephanie Leutert, the Mexico Security Initiative Fellow at the University of Texas at Austin and the author of Lawfare's "Beyond the Border" series, joined Benjamin Wittes on this week's podcast to talk about the epidemic of violence plaguing Mexico and Central America. Despite the brutality, extremity, and remarkable scale of the violence going on immediately to our south, those of us in the United States who work and think on national security issues rarely consider it to be relevant to national security. Why is that? How bad is the violence in these countries? What's causing the crisis, and the waves of migration it generates, in the first place? And what, if anything, can be done to stop it? Hosted on Acast. See acast.com/privacy for more information.
From February 27, 2025: For today’s episode, Lawfare Senior Editor Scott R. Anderson sat down with Kathleen Claussen, an expert in international economic law and professor at the Georgetown University Law Center, and Lawfare Contributing Editor Peter Harrell, a non-resident senior fellow at the Carnegie Endowment for International Peace, to discuss the ambitious set of tariffs the Trump administration has imposed or threatened over its first month in office.They discussed the tariffs Trump has imposed so far, what seems to be coming over the horizon, and how they all line up with the legal authorities he is using to impose them. Hosted on Acast. See acast.com/privacy for more information.
Lee Kovarsky, an endowed chair professor at the University of Texas School of Law, speaks with Senior Editor Roger Parloff about patronage pardons, the subject of his forthcoming article in the Duke Law Journal.Patronage pardons are pardons a president issues to reward and possibly even induce criminality by political supporters. Kovarsky discusses whether the founders anticipated such pardons, gives examples of such pardons, explores how they differ from ordinary pardons, and ponders whether anything can be done to rein them in. Hosted on Acast. See acast.com/privacy for more information.
In a Feb. 26 Lawfare Live, Lawfare Editor in Chief Benjamin Wittes and Lawfare Senior Editor Anna Bower discussed the evidentiary hearing in the Kilmar Abrego Garcia criminal case which focused on the motion to dismiss for vindictive prosecution. 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. Hosted on Acast. See acast.com/privacy for more information.









The link to "Ukraine's Nuclear Moment" seems to be broken