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The Lawfare Podcast: Patreon Edition – The Lawfare Institute — Government
The Lawfare Podcast: Patreon Edition – The Lawfare Institute

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.

Copyright: © The Lawfare Institute

Latest Episodes:

Lawfare Daily: The Trials of the Trump Administration, March 28 Mar 31, 2025

Show notes

On March 28, Lawfare Editor-in-Chief Benjamin Wittes will sit down with Lawfare Senior Editors Scott Anderson, Anna Bower, and Roger Parloff, Lawfare Contributing Editor James Pearce, and former ACLU National Legal Director David Cole to discuss the status of the civil litigation against President Trump’s executive actions, including the deportation of individuals under the Alien Enemies Act, the detention of Mahmoud Khalil, and the targeting of law firms.

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Lawfare Archive: War Powers and the Latest U.S. Intervention in Yemen with Brian Finucane, Jack Goldsmith, and Matt Gluck Mar 30, 2025

Show notes

From January 30, 2024: U.S. military operations against Houthi rebels in Yemen have escalated rapidly in recent weeks, culminating in a number of major strikes aimed at degrading their ability to threaten Red Sea shipping traffic. But the war powers reports the Biden administration has provided to Congress are raising questions about how it is legally justifying this latest military campaign.

To discuss the burgeoning conflict in Yemen and what it might mean for war powers, Lawfare Senior Editor Scott R. Anderson sat down with Brian Finucane, Senior Adviser at the Crisis Group; Lawfare Co-founder and Harvard Law School Professor Jack Goldsmith; and Lawfare Research Fellow Matt Gluck. They talked about their recent pieces on the topic, what we know and don’t know about the administration’s legal theory, and what the law might mean for how the conflict evolves moving 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.

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Lawfare Archive: 'National Security, Leaks and Freedom of the Press' Mar 29, 2025

Show notes

From April 22, 2021: Jack Goldsmith sat down with Lee Bollinger, the president of Columbia University, and Geoffrey Stone, the Edward H. Levy Distinguished Service Professor at the University of Chicago Law School, to discuss their new book, "National Security, Leaks and Freedom of the Press: The Pentagon Papers Fifty Years On." They discussed the holding and legacy of the Pentagon Papers case, as well as some of the many challenges of applying the Pentagon Papers regime in the modern digital era that is characterized by massive leaks and a very different press landscape than the one that prevailed in 1971.

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Lawfare Daily: Israel: Divided at Home and at War Yet Again Mar 28, 2025

Show notes

For today's episode, Lawfare Foreign Policy Editor Daniel Byman interviewed Natan Sachs, the Director of the Middle East Program of the Brookings Institution, to discuss Israel's turbulent domestic situation and the renewal of the conflicts in Gaza and Lebanon. Sachs explains Prime Minister Benjamin Netanyahu's political tactics, the controversies over the budget, judicial reform and the resulting protests, and the sacking of figures like Shin Bet chief Ronen Bar. Sachs also discusses why Israel has decided to renew operations in Gaza and Lebanon and why strikes on Iran are more likely than in the past.

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Rational Security: The "New Phone, Houthis?" Edition Mar 27, 2025

Show notes

This week, Scott sat down with his Lawfare colleagues Benjamin Wittes and Roger Parloff to talk through the week of the most Rational Security-esque of national security news stories ever, including:

“Oopsec.” In a strong contender for the most ridiculous national security story of the year, senior Trump administration officials appear to have planned a series of airstrikes in Yemen that took place earlier this month through the social messaging app Signal—and they appear to have included The Atlantic’s Editor-in-Chief Jeffrey Goldberg by mistake, giving him access to detailed war plans and internal policy discussions that he has now (mostly) made public. How irresponsible were the Trump administration’s actions? And what will the consequences be of this mistake?
“Secrets, Lies, and Bureaucratic Red Tape.” The Trump administration employed the Alien Enemies Act to remove alleged members of the Venezuelan gang Tren de Aragua to a notorious prison in El Salvador last week, just before or perhaps just after (a point of ongoing inquiry) an order from a federal district court judge directed them not to. And now the Trump administration is invoking the state secrets privilege to avoid having to disclose more details regarding its policy choices. How firm is the legal ground that the Trump administration is operating on? And how will the courts handle it?
“How Do You Think We Keep These Shoes So White?” Leading white shoe law firm Paul, Weiss kissed the feet—or perhaps licked the boots—of President Trump this week in an effort to escape the highly discriminatory sanctions Trump recently imposed on them for their past ties with a lawyer who worked with the prosecution in his New York criminal case. What could their acquiescence mean for big law? And the legal industry more generally?

In object lessons, Roger is unwinding from court documents in English by diving into Walter Isaacson’s “Elon Musk” in French—because nothing says relaxation like a billionaire’s biography en français. Scott revisited his college years, reminded of Bob Dylan’s live 1966 performance of “The Royal Albert Hall Concert” after watching A Complete Unknown (pro tip: never leave a pile of axes at a folk festival). And Ben pleads with “the algorithm” to stop assuming he needs weapons disguised as mobility devices.

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Lawfare Daily: Attack Plans Shared on Signal Released by The Atlantic Mar 27, 2025

Show notes

In a live recording on March 26, Lawfare Editor-in-Chief Benjamin Wittes spoke to Shane Harris of The Atlantic to discuss the decision to release the text messages sent by Trump administration officials in the Houthi PC Small Group Signal group chat which accidentally included The Atlantic Editor-in-Chief Jeffrey Goldberg, testimony given in Congress by officials who were in the chat, and what accountability may look like.

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Lawfare Daily: Shane Harris Talks ‘Houthi PC Small Group’ Mar 26, 2025

Show notes

Shane Harris of The Atlantic joins Lawfare Editor-in-Chief Benjamin Wittes to talk about war planning on Signal, the Trump administration’s remarkable security lapse, and the testimony of the country’s intelligence chiefs that came in its wake.

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Lawfare Daily: Tom Kent on the Dismantling of American Government Broadcasting Mar 25, 2025

Show notes

Tom Kent ran Radio Free Europe/Radio Liberty and is a longtime Russia watcher. He talks to Lawfare Editor-in-Chief Benjamin Wittes about President Trump’s executive order dismantling Voice of America and Radio Free Europe.

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Lawfare Daily: The Trials of the Trump Administration, March 21 Mar 24, 2025

Show notes

On March 21, Lawfare Editor-in-Chief Benjamin Wittes sits down with Lawfare Senior Editors Anna Bower, Quinta Jurecic, and Roger Parloff to discuss the status of the civil litigation against President Trump’s executive actions, including DOGE’s incursions on the U.S. Institute of Peace, the invocation of the Alien Enemies Act, and the firing of probationary employees.

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Lawfare Archive: Charles Dunst on Defeating the Dictators Mar 23, 2025

Show notes

From March 21, 2023: By many accounts, the United States is living through a new era of competition—not just between major powers and strategic rivals, but between ideologies. Around the world, many authoritarian governments seem to be on the rise, even as many liberal democracies are facing a crisis of confidence, including, by some accounts, here in the United States.

In a new book entitled, “Defeating the Dictators,” Charles Dunst, a former journalist and current deputy director of research and analytics at The Asia Group, lays out what he sees as the right strategy for making democracies more effective and defeating the appeal of authoritarian government. Lawfare Senior Editor Scott R. Anderson sat down with him to discuss his new book, the importance he places on Singapore as a case study, and how the domestic remedies he focuses on translate into foreign policy.

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