The Lawfare Podcast

What Disqualifying Trump from the 2024 Ballot Would Mean for American Politics and Democracy

01 Nov 2023

Contributed by Lukas

In the wake of Donald Trump's role in the attempt to overturn the 2020 election and the Jan. 6 attack on the Capitol, lawsuits in states around the co...

Breaking Down the Menendez Indictment with Dan Richman

31 Oct 2023

Contributed by Lukas

It’s been a rough few months for Senator Bob Menendez. The powerful New Jersey Democrat has pleaded not guilty to federal charges related to an alle...

The Dangers of a Contingent Election with Beau Tremitiere and Aisha Woodward

30 Oct 2023

Contributed by Lukas

We are a little more than a year out from the 2024 election—an election that, in countless ways, promises to be unlike any other. One way it may be ...

Rational Security: The ”Covered in Lyes” Edition

29 Oct 2023

Contributed by Lukas

This week on Rational Security, Alan, Quinta, and Scott came together in the virtual studio to talk over the week’s big national security news, incl...

Trump’s Trials and Tribulations: Three Pleas in a Pod

28 Oct 2023

Contributed by Lukas

It's another episode of “Trump’s Trials and Tribulations,” recorded live before an audience of Lawfare Material Supporters on Thursday. Lawfare ...

Lawfare Archive: Amanda Sloat Talks Turkey

28 Oct 2023

Contributed by Lukas

From July 3, 2018: Recep Tayyip Erdoğan won the Turkish election the other day, and becomes the first president under Turkey's new empowered presiden...

The U.S. Diplomatic Response in Gaza with Akbar Shahid Ahmed and Robbie Gramer

27 Oct 2023

Contributed by Lukas

It’s probably fair to say that the Israeli government was not the only one caught flat-footed by the deadly attack launched by Hamas on Oct. 7. On t...

Chatter: Lincoln, Leadership, and Difficult Conversations with Steve Inskeep

26 Oct 2023

Contributed by Lukas

Many will recognize the voice of Steve Inskeep from his nearly two decades-long role hosting NPR's Morning Edition. But he's also the author of what i...

Roger Parloff on a Potential Problem for the Justice Department’s Jan. 6 Prosecutions

26 Oct 2023

Contributed by Lukas

The D.C. Circuit Court of Appeals last week faintly endorsed the Justice Department’s reading of a critical felony charge, “corrupt obstruction of...

Pleas Please Me, Jenna Ellis

25 Oct 2023

Contributed by Lukas

Another morning, another surprise plea deal in Fulton County Superior Court. It was Jenna Ellis this time, in front of Judge Scott McAfee, pleading ou...

Rules for Civilian Hackers in War, with Tilman Rodenhäuser and Mauro Vignati

24 Oct 2023

Contributed by Lukas

Thanks to advances in digital technologies, it is now easier than ever for civilians to get involved in military cyber operations. From private civili...

Comparing Approaches to AI Regulation with Arianna Evers and Itsiq Benizri

23 Oct 2023

Contributed by Lukas

The promise and risks posed by artificial intelligence appear to have captured our collective imagination. The risks seem to span from global doom bro...

Rational Security: The ”Third Ballot’s the Charm” Edition

22 Oct 2023

Contributed by Lukas

This week on Rational Security, Alan, Quinta, and Scott were joined by their Lawfare colleague and Carnegie Endowment for International Peace Senior F...

Trump’s Trials and Tribulations: A Surprise Plea in Fulton County

21 Oct 2023

Contributed by Lukas

It's another episode of “Trump’s Trials and Tribulations,” our weekly YouTube livestream conducted on Zoom for Lawfare Material Supporters. It w...

Lawfare Archive: Radek Sikorski on the Week's Events in Poland

21 Oct 2023

Contributed by Lukas

From July 7, 2018: It's been a bad week for Polish democracy, with the government removing a bunch of judges from the country's Supreme Court in order...

The Crisis Facing Efforts to Counter Election Disinformation

20 Oct 2023

Contributed by Lukas

Over the course of the last two presidential elections, efforts by social media platforms and independent researchers to prevent falsehoods from sprea...

Chatter: The Secret History of Women at the CIA with Liza Mundy

19 Oct 2023

Contributed by Lukas

Journalist Liza Mundy’s new history of the world’s most storied spy service focuses on the women of the CIA, who for decades worked in jobs that m...

China’s Approach to Software Vulnerabilities Reporting

19 Oct 2023

Contributed by Lukas

In July 2021, the Chinese government published its “Regulations on the Management of Network Product Security Vulnerabilities.” These rules requir...

‘The Lumumba Plot’ with Stuart Reid

18 Oct 2023

Contributed by Lukas

“Stories of armies, governments, agencies, and institutions have a way of obscuring the humans behind them,” writes Stuart Reid, an executive edit...

Part Two of the PCLOB on FISA Section 702

17 Oct 2023

Contributed by Lukas

On September 28, the Privacy and Civil Liberties Oversight Board, or PCLOB, issued its long-awaited report on FISA Sec. 702, a surveill...

Part One of the PCLOB on FISA Section 702

16 Oct 2023

Contributed by Lukas

On September 28, the Privacy and Civil Liberties Oversight Board, or PCLOB, issued its long-awaited report on FISA Sec. 702, a surveill...

Rational Security: The ”Israel and Hamas at War” Special Edition

15 Oct 2023

Contributed by Lukas

This week on Rational Security, Alan, Quinta, and Scott were joined by Lawfare Editor-in-Chief Benjamin Wittes for a serious conversation ab...

Trump’s Trials and Tribulations: Hearing Updates from Mar-a-Lago and Fulton County

14 Oct 2023

Contributed by Lukas

It's another episode of “Trump’s Trials and Tribulations,” our YouTube livestream conducted on Zoom for Lawfare Material Supporters. This week, ...

Lawfare Archive: Peter Berkowitz on Israel and the Laws of War

14 Oct 2023

Contributed by Lukas

From May 8, 2012: Peter Berkowitz of the Hoover Institution has a new book out, entitled Israel and the Struggle Over the International Laws of W...

What the Heck is a Speaker Pro Tempore?

13 Oct 2023

Contributed by Lukas

The past two weeks have been a historical one for the House of Representatives. Last week, a band of dissident Republicans voted with House Democrats ...

Chatter: Manic Depression and Crisis Leadership with Nassir Ghaemi

12 Oct 2023

Contributed by Lukas

Conventional wisdom has long held that countries, and even businesses, should not be run by those suffering from mental illness, especially during tim...

Tino Cuéllar and Hadrien Pouget on AI Safety

12 Oct 2023

Contributed by Lukas

Artificial intelligence has massive upside potential. It could revolutionize education, science, and art, and lead to a more prosperous and equitable ...

Hamas’s Attack on Israel and What Comes Next

11 Oct 2023

Contributed by Lukas

This past Saturday, the terrorist group Hamas launched an unprecedented raid from the Gaza Strip into southern Israel that left more than 1000 people—...

Special Edition: Noah Efron on the Awful Quiet of This Moment

10 Oct 2023

Contributed by Lukas

This morning, Lawfare Editor-in-Chief Benjamin Wittes connected with his old friend Noah Efron about the weekend's events in Israel. Noah is a profess...

Taiwan, War Powers, and Constitutional Crisis with Scott R. Anderson

10 Oct 2023

Contributed by Lukas

For decades, the United States has maintained a policy of “strategic ambiguity” toward Taiwan and China. But in recent years, this uneasy status q...

Lawfare Archive: Trump Takes Aim at TikTok and WeChat

09 Oct 2023

Contributed by Lukas

From August 12, 2020: President Trump recently issued executive orders aimed at banning TikTok and WeChat from operating in the United States. To disc...

Rational Security: The “We Can Finally Stop Talking About Kevin” Edition

08 Oct 2023

Contributed by Lukas

This week on Rational Security, Alan, Quinta, and Scott were once again joined by Congress guru Molly Reynolds to discuss the week’s big national se...

Trump’s Trials and Tribulations: Gag Orders and Presidential Immunity

07 Oct 2023

Contributed by Lukas

It's another episode of “Trump’s Trials and Tribulations,” our weekly live stream on YouTube—and on Zoom for Material Supporters. Lawfare Edit...

Lawfare Archive: What the Heck is Up with 702?

07 Oct 2023

Contributed by Lukas

From December 23, 2017: As the year is coming to a close, Congress has now missed the deadline for reauthorizing FISA Section 702. Molly Reynolds, a B...

Jeff Kosseff on Why the First Amendment Protects False Speech

06 Oct 2023

Contributed by Lukas

The First Amendment protects speech, but what kind? True speech, sure. But what about false or misleading speech? What if it's harmful? After all, you...

Chatter: Pluralism and Religion within Democratic Institutions with Jonathan Rauch

05 Oct 2023

Contributed by Lukas

This week on Chatter, Lawfare Editor-in-Chief Ben Wittes sat down with author and journalist Jonathan Rauch, of the Brookings Institution. I...

Talking AI with Data and Society’s Janet Haven

05 Oct 2023

Contributed by Lukas

Today, we’re bringing you an episode of Arbiters of Truth, our series on the information ecosystem. And we’re discussing the hot topic of the mome...

An Update on Fulton County from Anna Bower

04 Oct 2023

Contributed by Lukas

It's been an eventful few days in Fulton County with a flurry of orders, a flurry of briefings, the former president deciding he wasn't going to seek ...

Checking In on Congress

03 Oct 2023

Contributed by Lukas

If you’ve been following the news out of Congress recently, you’ve probably been focusing on the narrowly averted government shutdown and the indi...

War Crimes, Tribunals, and Reparations: A Conversation with Ukraine’s Prosecutor General

02 Oct 2023

Contributed by Lukas

Russia’s war against Ukraine is the most documented conflict in history. In every part of Ukraine from which Russian forces have retreated, Ukrainia...

Rational Security: The “So Much for that Menendez Rest Stop” Edition

01 Oct 2023

Contributed by Lukas

This week on Rational Security, Alan, Quinta, and Scott reunited to discuss the week’s big national security news, including:“Do as I Menendsez, N...

Trump’s Trials and Tribulations: A Trip Through Four Courts

30 Sep 2023

Contributed by Lukas

It's another episode of Lawfare's live Thursday show, “Trump’s Trials and Tribulations,” a tour around four courts. This week, Lawfare Editor-in...

Lawfare Archive: General Austin as Secretary of Defense

30 Sep 2023

Contributed by Lukas

From December 9, 2020: President-elect Joe Biden has selected a new defense secretary, retired general Lloyd Austin, former commander of Central Comma...

Robert Silvers on the Cyber Safety Review Board

29 Sep 2023

Contributed by Lukas

The Cyber Safety Review Board was created by a Biden administration Executive Order entitled, “Improving the Nation’s Cybersecurity.” The Board ...

Chatter: Governing Space Settlements Ethically with Erika Nesvold

28 Sep 2023

Contributed by Lukas

As humanity builds settlements beyond Earth, myriad ethical issues will arise--many in a different way than they do terrestrially. Astrophysicist and ...

Ken Chesebro’s Upcoming Trial

28 Sep 2023

Contributed by Lukas

Next month, Kenneth Chesebro—the alleged architect of the fake electors plot—is set to be tried in Fulton County, Georgia, on racketeering and oth...

A Conversation on Domestic Intelligence with Kenneth Wainstein

27 Sep 2023

Contributed by Lukas

On September 19, Under Secretary for Intelligence and Analysis at the Department of Homeland Security, Kenneth Wainstein, gave a speech at the Brookin...

Human Rights Abuses in Saudi Arabia with Joey Shea

26 Sep 2023

Contributed by Lukas

On August 21, the Human Rights Watch released a report detailing systematic abuses of Ethiopian migrants and asylum seekers at the Saudi Ara...

An Update on Ukraine

25 Sep 2023

Contributed by Lukas

For the past several months, Ukraine has been engaged in a grinding counteroffensive aimed at retaking lost territory from Russian invaders. Last week...

Rational Security: The “Sara-FIN” Edition

24 Sep 2023

Contributed by Lukas

This week on Rational Security, Quinta and Scott were joined by Lawfare colleagues Eric Ciaramella and Saraphin Dhanani, the latter for her last episo...

Trump’s Trials and Tribulations: Removal, Gag Orders, and Disqualification, Oh My

23 Sep 2023

Contributed by Lukas

This past Thursday, Lawfare Senior Editor Scott R. Anderson hosted “Trump’s Trials and Tribulations,” Lawfare’s weekly live video chat about d...

Lawfare Archive: An NSI Conversation on U.S.-China Policy

23 Sep 2023

Contributed by Lukas

From May 25, 2019: Our friends from the National Security Institute at George Mason University stopped by earlier this week to discuss U.S.-China rela...

How States Think

22 Sep 2023

Contributed by Lukas

It is commonplace for American leaders to describe their fiercest foreign adversaries as irrational, crazy, delusional, or illogical. In their new boo...

Chatter: Secret Intelligence and the British Royal Family with Rory Cormac

21 Sep 2023

Contributed by Lukas

The British royal family and UK intelligence operations have been linked since Queen Victoria's time, involving everything from personal protection to...

The Tyranny of the Minority with Steven Levitsky and Daniel Ziblatt

21 Sep 2023

Contributed by Lukas

Democratic backsliding, a term that American political scientists usually use to describe the process by which other countries transition to autocracy...

A Weaponized World Economy with Henry Farrell and Abe Newman

20 Sep 2023

Contributed by Lukas

Economic warfare isn’t a new concept. Protectionist policies, asymmetrical trade agreements, currency wars—those are just a few examples of the ec...

The Mechanisms for Cybersecurity Aid with Eugenia Lostri

19 Sep 2023

Contributed by Lukas

This week, the UN General Assembly will meet in New York to discuss, among other things, international cooperation to improve global cyber security ch...

Trump’s Presidential Immunity Defense with Saraphin Dhanani and Benjamin Wittes

18 Sep 2023

Contributed by Lukas

Some time soon, former President Donald Trump is expected to file a motion in U.S. District Judge Tanya Chutkan’s courtroom to dismiss the Jan. 6 ca...

Rational Security: The “We Need to Talk About Kevin ... Again” Edition

17 Sep 2023

Contributed by Lukas

This week on Rational Security, with Scott traveling, Quinta and Alan were joined by Lawfare Senior Editor Molly Reynolds to break down the week’s b...

Trump’s Trials and Tribulations: An Update from Courthouses Around the Country

16 Sep 2023

Contributed by Lukas

It's another episode of “Trump’s Trials and Tribulations,” our weekly video conversation with Lawfare editors and writers on the ongoing Trump t...

Lawfare Archive: Iran, the U.S. and the Middle East at a Turning Point

16 Sep 2023

Contributed by Lukas

From February 16, 2021: The Biden administration has promised significant changes to the U.S. relationship with Iran that could have a marked impact o...

The Question of Removal

15 Sep 2023

Contributed by Lukas

The question of whether the Fulton County trial of Donald Trump and his co-defendants will be removed to federal court is now before the Eleventh Circ...

Chatter: Shane Harris Wants to Believe

14 Sep 2023

Contributed by Lukas

Chatter is a production of Lawfare and Goat Rodeo. This episode was produced and edited by Cara Shillenn of Goat Rodeo. Podcast theme by David Priess,...

Climate Migration and National Security

14 Sep 2023

Contributed by Lukas

It’s been another brutal summer with seemingly constant natural disasters precipitated by climate change. The United States and other countries have...

Much Ado About Coups with Naunihal Singh

13 Sep 2023

Contributed by Lukas

On August 30, soldiers and high-ranking officers of the Armed Forces of Gabon seized control of government buildings and communication channels in the...

The Global Battle to Regulate Technology

12 Sep 2023

Contributed by Lukas

The United States, the European Union, and China are involved in intense conflicts to control the digital economy, both within their borders and globa...

What Impact did Facebook Have on the 2020 Elections?

11 Sep 2023

Contributed by Lukas

How much influence do social media platforms have on American politics and society? It’s a tough question for researchers to answer—not just becau...

Rational Security: The "2nd Anniversary Hot Take Takedown" Edition

10 Sep 2023

Contributed by Lukas

This week on Rational Security, Alan, Quinta, and Scott celebrated the second anniversary of Rational Security 2.0 by bringing back everyone's favorit...

Special Edition: Proud Boys Sentencing and Georgia Wrangling

09 Sep 2023

Contributed by Lukas

It's another episode of our weekly live stream series, “Trump's Trials and Tribulations,” which takes place on YouTube each week on Thursday after...

Lawfare Archive: Dan Hemel and Gerard Magliocca on Section 3 of the 14th Amendment

09 Sep 2023

Contributed by Lukas

From January 19, 2021: In the wake of the January 6 mob attack on the Capitol, some have called for the invocation of Section 3 of the 14th Amendment....

Cold War Intellectuals and the Making of Our Times

08 Sep 2023

Contributed by Lukas

Liberalism today is under attack, as it often has been. Samuel Moyn, the Chancellor Kent Professor of Law and History at Yale University, believes tha...

Chatter: A Spy in the Manhattan Project with Steve James

07 Sep 2023

Contributed by Lukas

When he was 18 years old, Ted Hall, then a Harvard undergraduate, was recruited to join the Manhattan Project, becoming the youngest physicist on the ...

Kate Hanniford on the SEC’s New Cyber Disclosure Rule

07 Sep 2023

Contributed by Lukas

On July 26, the Securities and Exchange Commission adopted a final rule with new compliance and disclosure obligations surrounding material cybersecur...

How to Implement Section 3 Disqualification, with Ned Foley and Derek Muller

06 Sep 2023

Contributed by Lukas

As the 2024 presidential election inches closer, legal scholars are hotly debating whether former President Trump’s actions in relation to Jan. 6 mi...

The Coming Wave

05 Sep 2023

Contributed by Lukas

There is no more consequential technological development in recent years than widely accessible artificial intelligence. And there are few more conseq...

Lawfare Archive: Canada Takes on the Proud Boys

04 Sep 2023

Contributed by Lukas

From February 12, 2021: Lost in the shuffle of an impeachment trial here in the United States was big news from Canada last week. Canada’s Minister ...

Rational Security: The “Gone ‘Til September” Edition

03 Sep 2023

Contributed by Lukas

This week, Alan, Quinta, and Scott reunited to talk through the week’s big national security news, including:“Pack Your Knives and Go Home.” Vla...

Special Edition: Trump Trials and Tribulations, An Update

02 Sep 2023

Contributed by Lukas

Today we’re bringing you a special edition of the Lawfare Podcast: another episode of our series, Trump Trials and Tribulations, recorded live on Yo...

Lawfare Archive: Geeking Out on Al-Nashiri with Michel Paradis and Bob Loeb

02 Sep 2023

Contributed by Lukas

From September 3, 2016: Michel Paradis, a senior attorney in the Department of Defense’s Office of the Chief Defense Counsel and counsel for Abd al-...

The National Intelligence Strategy with Michael Collins of the National Intelligence Council

01 Sep 2023

Contributed by Lukas

The National Intelligence Strategy is out, and David Kris, a founder of Culper Partners, sat down to talk about it with Michael Collins, the acting he...

Chatter: Geopolitics and the Rise of the English Language with Rosemary Salomone

31 Aug 2023

Contributed by Lukas

The English language has recently developed a historically unique dominance in the global marketplace--a situation that brings plenty of benefits and ...

The Potential for an Afghan Adjustment Act

31 Aug 2023

Contributed by Lukas

Yesterday marked the two-year anniversary of the U.S. withdrawal from Afghanistan. Around 80,000 Afghans were relocated during the withdrawal, and man...

Josh Goldfoot on Cybersecurity as a Legal Problem

30 Aug 2023

Contributed by Lukas

What do we mean when we talk about "cybersecurity"? There's clearly a technical component: can someone prevent, through clever hardware and software, ...

Two Cities, Two Hearings

29 Aug 2023

Contributed by Lukas

Yesterday, August 28, was a busy day in court. In federal court in Atlanta, Donald Trump’s former chief of staff Mark Meadows made the argument for ...

An Earthshaking Election in Guatemala

28 Aug 2023

Contributed by Lukas

On August 20, Guatemalans elected a new president, Bernardo Arévalo. His landslide victory was also a major win for the country’s struggling democr...

Rational Security: The “Damn Danville!” Edition

27 Aug 2023

Contributed by Lukas

This week on Rational Security, Quinta and Scott were joined by Lawfare Executive Editor Natalie Orpett to break down the week’s big national securi...

Special Edition: Last Week in the Trump Trials

26 Aug 2023

Contributed by Lukas

Today we’re bringing you a recording of our live virtual event from this past Thursday. It’s part of our series, Trump Trials and Tribulations, wh...

Lawfare Archive: Trump Gives Classified Material to the Russians

26 Aug 2023

Contributed by Lukas

From May 15, 2017: This afternoon, the Washington Post broke a major story: Donald Trump disclosed highly classified material to the Russian...

A Chilling Violation of Press Freedoms in Marion, Kansas

25 Aug 2023

Contributed by Lukas

Earlier this month, there was big trouble in little Marion, Kansas, where an entire police department raided the offices of the Marion County Record, ...

Chatter: The ERAS Tour (Ben’s Version) with Benjamin Wittes

24 Aug 2023

Contributed by Lukas

On April 13, 2022, in the wake of the Russian invasion of Ukraine, Lawfare Editor in Chief Benjamin Wittes conducted his first “special military ope...

Unpacking Cyber Diplomacy with Ambassador Nathalie Jaarsma

24 Aug 2023

Contributed by Lukas

This week, the UN ad hoc committee tasked with elaborating a cybercrime convention is meeting in New York. Delegates will be involved in in-depth nego...

Zach Dorfman on “Spy Valley: An Engineer’s Nuclear Betrayal”

23 Aug 2023

Contributed by Lukas

In May 1984, former U.S. Marine, engineer, and early Silicon Valley entrepreneur James Harper was sentenced to life in prison for his central role in ...

The PEPFAR Reauthorization Battle, with Emily Bass

22 Aug 2023

Contributed by Lukas

In 2003, President Bush created the President’s Emergency Plan for AIDS Relief, or PEPFAR, and in the twenty years since, the program has been credi...

Does It Matter Whether Trump Believed His Own Lies?

21 Aug 2023

Contributed by Lukas

It’s only been a few weeks since Special Counsel Jack Smith indicted Donald Trump. But both he and his lawyers have already been previewing their ca...

Rational Security: The “Donny with the Gold Hair” Edition

20 Aug 2023

Contributed by Lukas

This week on Rational Security, Alan, Quinta, and Scott were joined by Fulton County correspondent Anna Bower to talk through the week’s big news do...

Lawfare Archive: Allies: Faithful and Valuable Service

19 Aug 2023

Contributed by Lukas

From May 16, 2022: In order to tell you this story, we need to start at the beginning, just before the U.S. invasion. After 9/11, the CIA set their si...

Congressional Oversight, Post-Trump

18 Aug 2023

Contributed by Lukas

Listeners of this podcast are probably familiar with Molly Reynolds’s work on Congress. She’s a Senior Fellow at Brookings and a Senior Editor at ...

Chatter: Russian Spies in Reality and Fiction with Calder Walton

17 Aug 2023

Contributed by Lukas

Dr. Calder Walton, assistant director of the Applied History Project and Intelligence Project at Harvard University's Belfer Center for Science and In...

Anna Bower on What Happened in Coffee County

17 Aug 2023

Contributed by Lukas

Lawfare Fulton County Correspondent Anna Bower is the author of the Lawfare article entitled, “What the Heck Happened in Coffee County, Georgia?” ...

Explaining the Michigan Fake Electors Prosecution

16 Aug 2023

Contributed by Lukas

On July 18, Michigan Attorney General Dana Nessel unveiled criminal charges against 16 people—the “fake electors” from that state who featured i...