The Lawfare Podcast

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. 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. Support this show http://supporter.acast.com/lawfare. 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 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. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

There is much debate among academics and policy experts over the power the Constitution affords to the president and Congress to initiate military conflicts. But as Michael Ramsey and Matthew Waxman, law professors at the University of San Diego and Columbia, respectively, point out in a recent law review article, this focus misses the mark. In fact, the most salient constitutional war powers question—in our current era dominated by authorizations for the use of military force—is not whether the president has the unilateral authority to start large-scale conflicts. Rather, it is the scope of Congress’s authority to delegate its war-initiation power to the president. This question is particularly timely as the Supreme Court appears growingly skeptical of significant delegations of congressional power to the executive branch. Matt Gluck, Research Fellow at Lawfare, spoke with Waxman and Ramsey about their article. They discussed the authors' findings about the history of war power delegations from the Founding era to the present, what these findings might mean if Congress takes a more assertive role in the war powers context, and why these constitutional questions matter if courts are likely to be hesitant to rule on war powers delegation questions. 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. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From November 6, 2024: For today’s special episode, Lawfare General Counsel and Senior Editor Scott R. Anderson held a series of conversations with contributors to a special series of articles on “The Dangers of Deploying the Military on U.S. Soil” that Lawfare recently published on its website, in coordination with our friends at Protect Democracy. Participants include: Alex Tausanovitch, Policy Advocate at Protect Democracy; Laura Dickinson, a Professor at George Washington University Law School; Joseph Nunn, Counsel in the Liberty and National Security Program at the Brennan Center; Chris Mirasola, an Assistant Professor at the University of Houston Law Center; Mark Nevitt, a Professor at Emory University School of Law; Elaine McCusker, a Senior Fellow at the American Enterprise Institute; and Lindsay P. Cohn, a Professor of National Security Affairs at the U.S. Naval War College. Together, they discussed how and why domestic deployments are being used, the complex set of legal authorities allowing presidents and governors to do so, and what the consequences might be, both for U.S. national security and for U.S. civil-military relations more generally. 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. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In a live conversation on November 5, Lawfare Senior Editor Scott R. Anderson sat down with Lawfare Contributing Editor Peter Harrell and Georgetown Law Professors Marty Lederman and Kathleen Claussen to discuss what occurred during oral arguments in the legal challenge to President Trump’s tariffs at the Supreme Court and how the justices may rule. 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. 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. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On today’s episode, Lawfare Managing Editor Tyler McBrien sits down with Joseph Kellner, an assistant professor of history at the University of Georgia to discuss his latest book, “The Spirit of Socialism: Culture and Belief at the Soviet Collapse,” which examines the millions of Soviet people who embarked on a “spirited and highly visible search for new meaning” during the dissolution of the U.S.S.R. They discuss the questions of epistemic authority, of cultural identity, and of history's ultimate meaning that drove people to seek new spiritual meaning during this period, as well as the era’s many colorful characters, including Hare Krishnas, astrologers, doomsayers, and neo-Pagans who pushed bio-healing, folk baths, and other answers to these questions. They also talk about why, when a superpower declines, shared reality dissolves. 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. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week, Scott sat down with co-hosts emeritus Benjamin Wittes and Alan Rozenshtein, and Senior Editor Kate Klonick, to talk through the week’s big national security news stories, including: In object lessons, Ben brings you a little announcement that is shorter than this sentence—you’re just going to have to listen to find out. Alan, hungry for more genre fiction, is diving into The Divine Cities trilogy, starting with “City of Stairs,” by Robert Jackson Bennett. Scott is going out of this world with what he calls “the nerdiest object lesson” he’s ever brought to RatSec: Pioneer, a tabletop role-playing game that has “launched” on Kickstarter. And Kate, not to be outdone in nerdom, displays maybe the mathiest vegetable: the beautiful romanesco. 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. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In this episode, Lawfare’s Ukraine Fellow Anastasiia Lapatina sits down with Francis Farrell, a front line reporter at the Kyiv Independent, to discuss the looming fall of Pokrovsk, the recent transformations of the front line, and whether Ukraine can ever give up Donbas, per Russia’s demand. 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. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On today’s episode, Lawfare Senior Editor Kate Klonick sits down with NYU law professor Rick Pildes to discuss his article, “Political Fragmentation in Democracies in the West,” which was featured in a New York Times opinion column by Thomas Edsall on the link between smartphone and social media use and threats to democracy. The two discuss the admittedly sprawling topic from a historical perspective—comparing the impact of the internet to that of the printing press, the radio, and cable television on social orders. But they also discuss how this technology that once held such promise for democracy is now impacting the United States political system in a unique way—in particular, the ability social media has to further polarize a two-party system's information ecosystem while also revolutionizing small-donor-based campaigns. The result is some very anti-democratic outcomes from what was seen as such promising democracy-empowering technology. 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. Support this show http://supporter.acast.com/lawfare. 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 Contributor Marty Lederman, Public Service Fellow Loren Voss, and Senior Editors Scott R. Anderson, Roger Parloff and Eric Columbus to discuss the Supreme Court’s handling of the legal challenge to the federalization of the National Guard in Chicago, James Comey’s motions to dismiss the indictment against him, ongoing politicization at the Department of Justice, litigation over the Trump administration’s attempt to suspend SNAP during the government shutdown, and so much 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. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From July 18, 2024: On today’s episode, Matt Gluck, Research Fellow at Lawfare, spoke with Michael Beckley, Associate Professor of Political Science at Tufts, and Arne Westad, the Elihu Professor of History at Yale. They discussed Beckley’s and Westad’s articles in Foreign Affairs on the best path forward for the U.S.-China strategic relationship—in the economic and military contexts. Beckley argues that in the short term, the U.S. should focus on winning its security competition with China, rather than significant engagement, to prevent conflict. Westad compares the current moment to the period preceding World War I. He cautions that the U.S. and China should maintain strategic communication and avoid an overly narrow focus on competition to stave off large-scale conflict. They broke down the authors’ arguments and where they agree and disagree. Does U.S. engagement lower the temperature in the relationship? Will entrenched economic interests move the countries closer to conflict? How can the U.S. credibly deter China from invading Taiwan without provoking Beijing? 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. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From August 27, 2024: On today’s episode, Sherri Goodman, the Secretary General of the International Military Council on Climate & Security and the first Deputy Undersecretary of Defense (Environmental Security) joins Lawfare Managing Editor Tyler McBrien to talk about Sherri’s new book, “Threat Multiplier: Climate, Military Leadership, and the Fight for Global Security.” They discuss Sherri’s career in climate security, beginning at the Senate Armed Services Committee before “climate security” entered the lexicon. From there, they trace Sherri’s career educating a generation of military leaders about the nexus between climate change and national security and coining the phrase “threat multiplier,” helping to usher in a paradigm shift at the Pentagon. Sherri addresses skeptics wary of a perceived tradeoff between military readiness and greening the military, as well as others who warn against “securitizing” climate change. Finally, they look ahead, as Sherri lays out her four main pillars of climate action (mitigation and adaptation) and institutional reform (awareness and alliance building). 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. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Alan Rozenshtein, Senior Editor at Lawfare, speaks with Brett Goldstein, Special Advisor to the Chancellor on National Security and Strategic Initiatives at Vanderbilt University; Brett Benson, Associate Professor of Political Science at Vanderbilt University; and Renée DiResta, Lawfare Contributing Editor and Associate Research Professor at Georgetown University's McCourt School of Public Policy. The conversation covers the evolution of influence operations from crude Russian troll farms to sophisticated AI systems using large language models; the discovery of GoLaxy documents revealing a "Smart Propaganda System" that collects millions of data points daily, builds psychological profiles, and generates resilient personas; operations targeting Hong Kong's 2020 protests and Taiwan's 2024 election; the fundamental challenges of measuring effectiveness; GoLaxy's ties to Chinese intelligence agencies; why detection has become harder as platform integrity teams have been rolled back and multi-stakeholder collaboration has broken down; and whether the United States can get ahead of this threat or will continue the reactive pattern that has characterized cybersecurity for decades. Mentioned in this episode: The Era of A.I. Propaganda Has Arrived, and America Must ActChina Turns to A.I. in Information WarfareThe GoLaxy Papers: Inside China's AI Persona ArmyThe supply of disinformation will soon be infiniteFind Scaling Laws on the Lawfare website, and subscribe to never miss an episode. 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. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

This week, Scott sat down with his Lawfare colleagues Public Service Fellow Ari Tabatabai and Managing Editor Tyler McBrien to talk through the week’s big news in national security, including: In object lessons, Tyler is sampling Baauer’s Sample Breakdowns on Instagram for the muses behind the music. Scott is musing about the various uses of his vacuum sealer, particularly for his garden bounty. And Ari is singing the praises of the versatility of black sesame. 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. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On today’s episode, Lawfare Managing Editor Tyler McBrien sits down with Quico Toro, global opinion columnist at the Washington Post and Director of Climate Repair at the Anthropocene Institute, to talk about his new book, “Charlatans: How Grifters, Swindlers, and Hucksters Bamboozle the Media, the Markets, and the Masses,” which he wrote with his co-author, Moisés Naím. They discuss what defines a charlatan, the cognitive biases they exploit to take people in, and how technological and societal changes have made charlatanism one of today’s most urgent crises. 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. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Katsiaryna Shmatsina, Eurasia Fellow at Lawfare, sits down with Gabrielius Landsbergis, former Lithuanian Foreign Minister (2020–2024), now a visiting fellow at Stanford University, and Vytis Jurkonis, Associate Professor at Vilnius University and Director of Freedom House’s Lithuania office. They discuss Lithuania’s response to Russia’s full-scale invasion of Ukraine, including shifts in security policy, public sentiment, and military readiness. The conversation covers regional defense, U.S.–Lithuania relations, NATO’s role, and growing concerns about possible escalation into the Baltic region. They also reflect on Lithuania’s path from Soviet occupation to independence and its integration into NATO and the EU. Additional resources on this topic: from Gabrieliusfrom KatsiarynaRegional threat assessmentTo 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. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Sarah Powazek, Director of the Public Interest Cybersecurity Program at UC Berkeley’s Center for Long-Term Cybersecurity, and Michael Razeeq, Nonresident Fellow at the Public Interest Cybersecurity Program, join Lawfare’s Justin Sherman to discuss the cyber threats facing states, what options and resources states currently have to address cybersecurity problems, and how the concept of state cyber corps and volunteer programs fits into the picture. They also discuss how states can stand up a cyber corp or volunteer program, including recruiting and retaining talent; the impact of federal workforce and spending cuts on states’ cybersecurity capacities; and what future state and federal action on cybersecurity could do to improve states’ cyber postures. For more on this topic, see: The Roadmap to Community Cyber DefenseCyber Resilience Corps websiteTo 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. Support this show http://supporter.acast.com/lawfare. 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 Contributor James Pearce and Senior Editors Scott R. Anderson, Molly Roberts, Roger Parloff and Eric Columbus to discuss the arraignment of Letitia James, legal challenges to the appointments of Lindsey Halligan and Alina Habba to be U.S. attorneys, litigation over the federalization and deployment of National Guard, and so much 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. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From April 24, 2024: The annual U.S. Cyber Command (USCYBERCOM) Legal Conference convenes lawyers across government and the private sector working on cyber issues. This year’s conference focused on the power of partnerships. Executive Editor Natalie Orpett moderated a panel, titled “The Business of Battle: Navigating the Role of the Private Sector in Conflict,” featuring Jonathan Horowitz of the International Committee for the Red Cross, Laurie Blank of the Defense Department’s Office of the General Counsel, and Adam Hickey of the law firm Mayer Brown. They talked about how government and private sector actors bring different frames of reference and different equities when faced with a conflict, and how they can work together to address it. 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. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From June 5, 2023: It's been about six months since the attorney general issued new guidelines on compulsory process to members of the press in criminal and national security investigations, and two officials of the Reporters Committee for Freedom of the Press—Bruce Brown and Gabe Rottman—wrote a detailed analysis of the document in two parts for Lawfare. Rottman joined Lawfare Editor-in-Chief Benjamin Wittes to go through the document carefully: the long history that led to it, the shifting policies that have gotten more restrictive over the years since the Supreme Court ruled in Branzburg v. Hayes, the ramp-up of leak investigations and reporter subpoenas in the Obama and Trump administrations, and the new policy that creates a red line policy against them under most (but not all) circumstances. They talked about the document, about why the Justice Department has forsworn a historic and upheld authority, and about what it means for reporters and criminal investigations going forward. 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. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.