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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: A World Without Caesars Mar 14, 2025

Show notes

This episode of the Lawfare Podcast features Glen Weyl, economist and author at Microsoft Research; Jacob Mchangama, Executive Director of the Future of Free Speech Project at Vanderbilt; and Ravi Iyer, Managing Director of the USC Marshall School Neely Center.

Together with Renee DiResta, Associate Research Professor at the McCourt School of Public Policy at Georgetown and Contributing Editor at Lawfare, they talk about design vs moderation. Conversations about the challenges of social media often focus on moderation—what stays up and what comes down. Yet the way a social media platform is built influences everything from what we see, to what is amplified, to what content is created in the first place—as users respond to incentives, nudges, and affordances. Design processes are often invisible or opaque, and users have little power—though new decentralized platforms are changing that. So they talk about designing a prosocial media for the future, and the potential for an online world without Caesars.

Articles Referenced:

https://arxiv.org/abs/2502.10834

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4178647

https://www.techdirt.com/2025/01/27/empowering-users-not-overlords-overcoming-digital-helplessness/

https://kgi.georgetown.edu/research-and-commentary/better-feeds/

https://knightcolumbia.org/content/the-algorithmic-management-of-polarization-and-violence-on-social-media

https://time.com/7258238/social-media-tang-siddarth-weyl/

https://futurefreespeech.org/scope-creep/

https://futurefreespeech.org/preventing-torrents-of-hate-or-stifling-free-expression-online/

https://www.thefai.org/posts/shaping-the-future-of-social-media-with-middleware

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Lawfare Daily: ‘The Rivalry Peril’ with Van Jackson and Michael Brenes Mar 13, 2025

Show notes

On today’s episode, Van Jackson, Professor of International Relations at Victoria University of Wellington, and Michael Brenes, Associate Director of the Brady-Johnson Program in Grand Strategy and Lecturer in History at Yale University, join Lawfare Managing Editor Tyler McBrien to talk about their new book, “The Rivalry Peril: How Great-Power Competition Threatens Peace and Weakens Democracy,” in which they make the case for the United States to take a less aggressive approach to China. They discussed the pitfalls of great power competition, the origins of the China threat, and why a destructive U.S.-China rivalry is our choice, rather than our destiny.

Hosted on Acast. See acast.com/privacy for more information.

Rational Security: The “Botanical Bros” Edition Mar 12, 2025

Show notes

This week, Scott sat down with Lawfare Senior Editor and co-host emeritus Alan Rozenshtein and Lawfare Executive Editor Natalie Orpett to talk through the week’s big national security news, including:

“Lowering the Bar.” Last week, the Trump administration took aim at two leading law firms—Covington & Burling and Perkins Coie—by repealing lawyers’ security clearances and setting limits on the extent to which government actors can contract with them, on the apparent grounds that they worked for Trump’s perceived enemies. Is this legal? Will it be challenged? And what will the effect be on the legal industry?
“Big Math on Campus.” The Trump administration recently announced its intent to withhold $400 million in government grants from Columbia University, on the grounds that it had not done enough to combat anti-semitism on campus—a measure it paired with an indication that it would repeal student visas from those who had expressed “pro-Hamas” views. Is this tack a proper or legally sustainable one? And what impact will it have on academic communities in the United States?
“Nothing Is Certain but Death and Ta…Well, at Least Death.” After temporarily delaying tariffs on Canada and Mexico after 48 hours last month, President Trump assured everyone that they were definitely getting installed this month. But once again, after a few days, he rescinded many of them. Nonetheless, the uncertainty surrounding this administration’s policies has markets spooked, triggering fears of a recession—something President Trump has indicated people may just have to live through. What are the real costs and benefits of Trump’s oscillating trade policies?

In object lessons, Alan went full nerd and prescribed himself a decade-long literary exile with “Gardens of the Moon,” the first in Steven Erikson’s ten-book epic. Scott’s old ass, meanwhile, threw its weight behind “My Old Ass,” a film about a young woman navigating family, love, and self-discovery—all with a little hallucinogenic assistance. And Natalie logrolled like a pro, plugging Quinta Jurecic’s guest spot on The Ezra Klein Show, where Quinta delivers one of Natalie’s all-time favorite “Quintaisms”—with all the necessary context baked right in.

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Lawfare Daily: Zachary Price on Judging in a Divided Republic Mar 12, 2025

Show notes

Jack Goldsmith sits down with Zachary Price, Professor of Law at UC Law San Francisco and author of the new book, “Constitutional Symmetry: Judging in a Divided Republic,” which argues for judges to make decisions that work “symmetrically” across major partisan and ideological divides. He explores the implications of this theory in the context of the Trump administration's legal actions, particularly regarding the removal power and the Supreme Court's evolving jurisprudence.

The two discuss the implications of the unitary executive theory, particularly in relation to presidential power over law enforcement and executive orders. They analyze the TikTok executive order as a case study of presidential discretion and its potential overreach. The discussion also covers the implications of the Impoundment Control Act on congressional authority and the importance of maintaining a balance of power between the executive and legislative branches. Finally, they explore the concept of “constitutional symmetry” in the context of separation of powers and the role of civil service in preserving governmental integrity.

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Lawfare Daily: Carla Reyes and Drew Hinkes on the Evolution and Future of Crypto Policy Mar 11, 2025

Show notes

Carla Reyes, Associate Professor of Law at SMU Dedman School of Law, and Drew Hinkes, a Partner at Winston & Strawn with a practice focused on digital assets and advising financial services clients, join Kevin Frazier, Contributing Editor at Lawfare, to discuss the latest in cryptocurrency policy. The trio review the evolution of crypto-related policy since the Obama era, discuss the veracity of dominant crypto narratives, and explore what’s next from the Trump administration on this complex, evolving topic.

Read more:

TRM Labs 2025 Crypto Crime Report: https://www.trmlabs.com/2025-crypto-crime-report
2023 FDIC National Survey of Unbanked and Underbanked Households: https://www.fdic.gov/household-survey

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Lawfare Daily: The Trials of the Trump Administration, March 7 Mar 10, 2025

Show notes

In a live conversation on March 7, Lawfare Executive Editor Natalie Orpett, sat down with associate professor of law at the University of Minnesota Law School Nick Bednar and Lawfare Senior Editors Anna Bower and Scott Anderson to discuss legal challenges to the Trump administration’s executive actions, including DOGE attempting to enter the U.S. African Development Foundation, the firing of probationary employees across the executive branch, and more.

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Lawfare Archive: Making Sense of the Unprecedented Sanctions on Russia Mar 09, 2025

Show notes

From March 1, 2022: Over the past week, the United States and its allies have responded to Russia's military invasion of Ukraine with some unprecedented actions of their own—economic sanctions that target Russia in ways that have never been tried before, let alone applied to one of the world's largest economies over just a handful of days.

To discuss this revolutionary sanctions strategy and what it may mean moving forward, Scott R. Anderson sat down with two sanctions experts: Julia Friedlander, senior fellow at the Atlantic Council, and Rachel Ziemba, adjunct fellow at the Center for a New American Security. They talked about the different types of sanctions being applied, what impact they will have on the Russian economy and what the consequences may be, not just for the conflict in Ukraine, but for the rest of the world moving forward.

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Lawfare Archive: How Much Trouble is NATO Really In? with Scott R. Anderson Mar 08, 2025

Show notes

From February 26, 2024: At a South Carolina campaign rally on Feb. 10, former President Donald Trump told a crowd of supporters that while he was president he told “one of the presidents of a big country” in the NATO alliance that he would not protect that country from a Russian invasion if that country didn’t pay. Trump then said, “In fact, I would encourage them to do whatever the hell they want. You got to pay. You got to pay your bills.”

Lawfare Managing Editor Tyler McBrien sat down with Lawfare Senior Editor Scott R. Anderson to talk through Trump’s NATO comments, why they’re rattling European allies, whether a U.S. president could destroy the alliance, and how Congress might stop it. They also talked about why everyone here at Lawfare calls Section 1250A of the recent National Defense Authorization Act the “Anderson Saves NATO” provision.

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"Chokepoints: American Power in the Age of Economic Warfare," with author Edward Fishman Mar 07, 2025

Show notes

For today's episode, Lawfare general counsel and senior editor Scott R. Anderson sat down with Edward Fishman, a senior research scholar at the Center for Global Energy Policy within Columbia University's School of International and Public Affairs, to discuss his new book: "Chokepoints: American Power in the Age of Economic Warfare."They discussed Fishman's own career at the cutting edge of economic statecraft, the evolving toolkit it has come to present U.S. policymakers, the role he thinks it will play in our new era of major power competition, and what it may all mean for the future of the global order.

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Lawfare Daily: The Impoundment Crisis, One Month In Mar 06, 2025

Show notes

In the first weeks of the second Trump administration, the Office of Management and Budget abruptly froze trillions of dollars in federal funds—sparking a crisis over impoundment, the executive branch’s assertion of authority to refuse to distribute money appropriated by Congress. Since then, the administration has attempted to withhold further funds disbursed by specific agencies and attempted to dismantle some agencies altogether. Many of these efforts have been blocked by courts. But Congress—the branch of government whose constitutional authority is being usurped—has remained strikingly quiet.

To discuss the state of play on impoundment, Lawfare Senior Editor Quinta Jurecic caught up with Eloise Pasachoff, a professor at the Georgetown University Law Center, and Brookings Senior Fellow and Lawfare Senior Editor Molly Reynolds. They talked about how things have developed since January, how the courts and Congress are handling the crisis, and how it might shape congressional negotiations to avoid a government shutdown as soon as March 15.

Note: This podcast was recorded on March 4, before the Supreme Court’s March 5 ruling denying the Trump administration’s request to continue a freeze on billions of dollars in foreign aid and sending the case back down to the district court for further litigation.

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