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Lawfare Archive: CYBERCOM Legal Conference: The Role of the Private Sector in Conflict Oct 26, 2025

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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.

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Lawfare Archive: Gabe Rottman on the Justice Department's New Guidelines on Press Subpoenas Oct 25, 2025

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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.

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Scaling Laws: Sen. Scott Wiener on California Senate Bill 53 Oct 24, 2025

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California State Senator Scott Wiener, author of Senate Bill 53—a frontier AI safety bill—signed into law by Governor Newsom earlier this month, joins Alan Rozenshtein, Associate Professor at Minnesota Law and Research Director at Lawfare, and Kevin Frazier, AI Innovation and Law Fellow at the University of Texas School of Law and a Senior Editor at Lawfare, to explain the significance of SB 53 in the large debate about how to govern AI.

The trio analyze the lessons that Senator Wiener learned from the battle of SB 1047, a related bill that Newsom vetoed last year, explore SB 53’s key provisions, and forecast what may be coming next in Sacramento and D.C.

Find Scaling Laws on the Lawfare website, and subscribe to never miss an episode.

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Lawfare Daily: External Powers Competition in Africa: Aid, Security, Tech—and African Agency Oct 23, 2025

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Katsiaryna Shmatsina, Eurasia Fellow at Lawfare, is joined by Beverly Ochieng, senior security analyst at Control Risks and non-resident expert at the Center for Strategic and International Studies (CSIS), to examine how external powers compete for influence in Africa—and how African states are responding.

They discuss the shifting priorities of the second Trump administration, including a “trade not aid” approach, stricter visa policies, and growing pressure on African governments to accept irregular migrants deported from the U.S.

The conversation explores the evolving strategies of key players—the U.S., China, and Russia—alongside the rising influence of Turkey, the UAE, and the European Union’s more diffuse forms of engagement.

They also discuss public perceptions of foreign involvement, China’s Belt and Road Initiative and its digital expansion, Russia’s use of private military contractors and information operations, and the increasing role of African regional organizations in shaping the agenda.

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Rational Security: The “Pickled Fish in Cozy Sweaters” Edition Oct 22, 2025

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This week, Scott sat down with his Lawfare colleagues Senior Fellow Eric Columbus, Ukraine Fellow Anastasiia Lapatina, and Public Service Fellow Loren Voss to talk through the week’s big news in national security, including:

“Visiting Concessions.” President Trump once again turned his focus to the conflict in Ukraine, announcing last week that he and Russian President Vladimir Putin would be meeting to discuss the conflict in Budapest—though it’s not clear Putin has agreed. This occurred just days before a planned visit to the White House by Ukrainian President Volodymyr Zelensky, where Trump reportedly pressured him to make territorial concessions requested by Putin in exchange for an end to the conflict and failed to respond affirmatively to his requests for Tomahawk missiles and U.S. security commitments. Is this a real shift in the U.S. position? And what might it mean for the broader conflict?
“Posse ComiSCOTUS.” After months of litigation in the lower courts, the Trump administration has finally gone to the Supreme Court regarding the legality of its domestic military deployments, seeking a stay on an injunction on its planned deployment to Chicago that was recently left in place by the Seventh Circuit. How big a decision point is this in terms of the legal authorities around domestic military deployments? And how does the Court seem poised to rule?
“Material Contort.” Just weeks after designating ANTIFA a “domestic terrorism organization,” the Trump administration has brought its first set of related criminal charges, relating to a July event at a Texas immigration detention facility that left one police officer shot in the neck. The indictment includes charges under the material support for terrorism statute—but probably not the one you’re thinking of. How much does the indictment stretch the usual use of these statutes? And what does it tell us about the Trump administration’s anti-ANTIFA campaign?

In object lessons, Loren thinks we should play more and recommends Wayside Farm for a pumpkin-picking, maize-mazing good time. Eric thinks we should get cozy more with a second-skin, chambray-shirt classic. Scott thinks we should reflect more with a majorly-meditative, lightlessly-enlightening retreat. And Nastya thinks we should read more with eloquent-essayist Zadie Smith’s cultural commentary, “Feel Free.”

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Lawfare Daily: Political Change in Madagascar and Kenya Oct 22, 2025

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For today's episode, Lawfare Foreign Policy Editor Daniel Byman sits down with Holly Berkley Fletcher, a former senior CIA Africa analyst, to discuss the recent coup in Madagascar and the death of Kenyan opposition leader and political giant, Raila Odinga.

They discuss the reasons for the coup and how Madagascar's neighbors might respond. Berkley Fletcher also explained Odinga's legacy and how his death might change Kenya.

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Lawfare Live, The Now: Anna Bower Oct 21, 2025

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In a Lawfare Live, The Now on October 20, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editor Anna Bower to discuss her article about how interim U.S. Attorney Lindsey Halligan reached out to her on Signal—and the conversation that followed.

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Lawfare Daily: Tomahawks, Trump, and Armed Neutrality for Ukraine Oct 21, 2025

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In this episode, Lawfare’s Ukraine Fellow Anastasiia Lapatina sits down with Eric Ciaramella, a senior fellow at the Carnegie Endowment for International Peace, and Mykhailo Soldatenko, a scholar of international law and a doctoral candidate at Harvard Law School, to discuss the latest meeting between Donald Trump and Volodymyr Zelensky, armed neutrality for Ukraine, and how Ukraine can nudge the ongoing peace negotiations in its favor.

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Lawfare Daily: The Trials of the Trump Administration, Oct. 17 Oct 20, 2025

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In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Public Service Fellows Loren Voss and Michael Feinberg andSenior Editors Roger Parloff and Eric Columbus to discuss the legal challenges to the National Guard deployment in Chicago, the indictment of John Bolton, a judge preventing the firing of federal employees 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.

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Lawfare Archive: The Potential for an Afghan Adjustment Act Oct 19, 2025

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Yesterday marked the two-year anniversary of the U.S. withdrawal from Afghanistan. Around 80,000 Afghans were relocated during the withdrawal, and many do not have a pathway to permanent citizenship here in the United States. To get a sense of those immigration challenges and the potential for congressional action on those issues, Bryce Klehm sat down with Shala Gafary, the Managing Attorney of Project: Afghan Legal Assistance at Human Rights First, and Jennifer Quigley, the Senior Director of Government Affairs at Human Rights First. They talked about the current legal status of those relocated persons in the United States, the challenges faced by those still in Afghanistan, and the potential passage of the Afghan Adjustment Act, a bill that could help alleviate some of those legal obstacles.

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