The Lawfare Podcast

From November 3, 2023: Since Hamas’s attack on Israel on Oct. 7, the Israel-Hamas war has largely been fought in Gaza, a small strip of land along the border of the Mediterranean Sea. But farther inland, there has been an uptick in hostilities between Israelis and Palestinians in the Palestinian territory of the West Bank. Israeli human rights organization B’Tselem says that at least 13 Palestinian herding communities in the West Bank have been forcibly displaced since the beginning of the war due to Israeli settler violence and intimidation, and nearly 100 Palestinians in the territory are reported to have been killed since the war began by both Israeli military strikes as well as settler violence. The fraught relationship between the Israeli government, Israeli settlers, Palestinians, and the Palestinian Authority are not new. But in part because of those existing issues, the West Bank has the potential to expand and complicate the bounds of the Israel-Hamas war—and some may argue that that is already underway. To understand how the West Bank fits into the ongoing hostilities between Israel and Hamas, Lawfare Associate Editor Hyemin Han spoke to Dan Byman from the Center for Strategic & International Studies, who is also Lawfare’s Foreign Policy Editor; Ghaith al-Omari of the Washington Institute for Near East Policy; and Scott R. Anderson, Lawfare Senior Editor and Fellow in Governance Studies at the Brookings Institution. They talked about the international law that currently governs the rules of engagement in the West Bank, the political responses of the Israeli government and other Arab states, and how West Bank dynamics will impact the broader outcomes of the Israel-Hamas war. 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.

Aram Gavoor, Associate Dean for Academic Affairs at GW Law, joins Kevin Frazier, a Tarbell Fellow at Lawfare, to summarize and analyze the Trump administration’s initial moves to pivot the nation’s AI policy toward relentless innovation. The duo discuss the significance of Trump rescinding the Biden administration’s 2023 executive order on AI as well as the recently announced Stargate Project. 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.

Alexis Loeb, the former Deputy Chief of the Capitol Siege Section of the Department of Justice, sits down with Lawfare Senior Editor Roger Parloff to talk about President Trump's blanket pardons and commutations for everyone her unit prosecuted. She discusses how she became involved with the cases; how they were handled by prosecutors, judges, and juries; a couple of cases she personally prosecuted; and her views on the impact of Trump's pardon proclamation. 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 and hosts emeriti Benjamin Wittes, Quinta Jurecic, and Alan Rozenshtein to talk through the week’s big—and we mean BIG—national security news, including: In object lessons, Ben encouraged listeners to listen to Merrick Garland’s farewell speech to the Justice Department, regardless of how you feel about the former attorney general. Quinta embraced a sense of escapism with her praise of the Wallace & Gromit movies, particularly the newest addition to the franchise, Wallace & Gromit: Vengeance Most Fowl. And Scott—wondering what will become of us now—mustered up his best inner disgruntled, middle-aged Millennial voice to recommend Michael Longfellow’s plea to not ban TikTok from SNL’s Weekend Update. 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.

For today’s episode, Lawfare Senior Editor Scott R. Anderson sat down with a panel of leading experts to discuss the recent ceasefire in Gaza, including: Natan Sachs, Senior Fellow at the Brookings Institution; Dan Byman, Professor at Georgetown University and Senior Fellow at the Center for Strategic and International Studies; Joel Braunold, Managing Director of the S. Daniel Abraham Center for Middle East Peace; and Dr. Dana El-Kurd, Professor at the University of Richmond. They discussed the terms of the ceasefire, who deserves credit for bringing it into place, what factors may contribute to its ultimate success or failure, and where it is likely to lead in the weeks and months to come. 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.

Senior Editor at Lawfare Eugenia Lostri sits down with Kevin Frazier, Lawfare’s Tarbell Fellow in Artificial Intelligence, to discuss recent disruptions to undersea cables. They talk about the ongoing investigations; the challenges that weather, cooperation, and jurisdiction can present; and the plans in place to protect the cables from accidents and sabotage. 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 11, 2022: We often use the terms democracy and liberal democracy interchangeably, but they're not the same thing. Democracy means majority rule and public participation. Liberal democracy means democracy plus minority rights. There's no guarantee that democracy will be liberal. And in fact, some of the same things that enable democracy can also undermine its liberal commitments. Zac Gershberg, a professor of journalism and media studies at Idaho State University and Sean Illing, the host of the Vox Conversations podcast, have recently released a new book, The Paradox of Democracy: Free Speech, Open Media, and Perilous Persuasion. In the book, they argue that every democracy is fundamentally shaped by the dominant media technology of its time. And that the current landscape of social media and cable news fuels our democracy, but also pushes it in an illiberal authoritarian direction. Alan Rozenshtein spoke with Zac and Sean about how American democracy got to this point, how the present compares to the past, and what, if anything, can be done to put liberal democracy on firmer footing. 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 February 11, 2017: Donald Trump's election as president brought a surge of interest in the previously obscure Emoluments Clause, which prohibits any “Person holding any Office of Profit or Trust under [the United States]” from accepting “any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.” Norm Eisen and Richard Painter, ethics experts for Presidents Barack Obama and George W. Bush, have been leading the charge to hold Trump accountable under the Emoluments Clause for his failure to divest of his businesses. Recently, they filed suit against him in their capacity as chair and vice-chair of the good government group Citizens for Responsibility and Ethics in Washington. Benjamin Wittes chats with Norm about the Emoluments Clause, the lawsuit, and what all this has to do with national security. 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 January 7, 2017: In an interview with The New York Times before his intelligence briefing on Russian efforts to interfere in the U.S. election on Friday, President-elect Donald Trump called the intelligence community's assessment of Russian interference a "political witch hunt." In that spirit, Benjamin Wittes brought Lawfare managing editor Susan Hennessey and former GCHQ information security specialist Matt Tait on the podcast to discuss evidence of Russian attempts to influence the presidential election and Trump's baffling response. A quick note: This podcast was recorded before the Office of the Director of National Intelligence released the intelligence community's report on Russian interference. Susan and Matt's firm belief that the hacking of Democratic Party information was carried out neither by a 14-year-old nor by a 400-pound person sitting on a bed, however, remains unshaken. Ben says he still suspects a 400-pound 14-year-old sitting on a bed—albeit a bed in Moscow at GRU headquarters. 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.

Janet Egan, Senior Fellow at the Center for a New American Security (CNAS) and Lennart Heim, an AI researcher at RAND, join Kevin Frazier, a Tarbell Fellow at Lawfare, to analyze the interim final rule on AI diffusion announced by the Bureau of Industry and Security on January 13, 2025. This fourth-quarter effort by the Biden Administration to shape AI policy may have major ramifications on the global race for AI dominance. 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 January 15, Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Managing Editor Tyler McBrien and Lawfare Senior Editors Anna Bower and Scott Anderson about the second day of confirmation hearings for President-elect Donald Trump’s cabinet. They discussed the hearings for Pam Bondi’s nomination to be attorney general, John Ratcliffe’s nomination to be CIA director, and Marco Rubio’s nomination to be secretary of state, and how collegial or contentious each hearing was. 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 Roger Parloff, Renée DiResta, and Tyler McBrien to talk through the week’s big national security news, including: In object lessons, Tyler shared why there seem to be so many Australians in Brooklyn, as reported in “Bogans in Brooklyn,” from The Baffler (say that three times fast). Roger recommended “V13: Chronicle of a Trial” by Emmanuel Carrère, for coverage of a different trial than the ones he's been used to. Scott, in a stubborn refusal to admit that the holidays are over, was jolly about the Netflix movie “That Christmas.” And Renée reflected on AI’s potential to help people reach consensus through democratic deliberation and supernotes. 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 January 14, Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Senior Editor Anna Bower about the confirmation hearing of Pete Hegseth by the Senate Armed Services committee on his expected nomination to be secretary of defense, the first confirmation hearing for one of President-elect Trump’s cabinet nominations in his second term. 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.

For today’s episode, Jennifer Gellie, the Chief of the Counterintelligence and Export Control Section ("CES") in the National Security Division of the U.S. Department of Justice, sits down with Lawfare Senior Editor and General Counsel Scott R. Anderson and Lawfare Contributing Editor and Morrison Foerster partner Brandon Van Grack to discuss new proposed regulations her office has issued for implementing the Foreign Agents Registration Act ("FARA"). They cover how the role of FARA has changed in recent decades, what the new regulations change and leave the same, and what the Justice Department's FARA-related priorities are likely to be in 2025. This episode is part of the “The Regulators” series, in which Brandon and Scott sit down with senior U.S. officials working at the front lines of U.S. national security and economic statecraft. 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 January 10, Lawfare Tarbell Fellow in Artificial Intelligence Kevin Frazier talked to Lawfare Senior Editor Alan Rozenshtein and Senior Staff Attorney at the Knight Institute Ramya Krishnan about the Supreme Court oral arguments over the legislation passed by Congress that bans TikTok unless its parent company ByteDance divests from the app, the arguments made by the different sides, and their predictions about how the Court might rule. 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 episode of “Lawfare Live: Trump’s Trials and Tribulations,” was recorded on January 10 in front of a live audience on YouTube and Zoom. Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Senior Editors Anna Bower and Quinta Jurecic and Managing Editor Tyler McBrien about the sentencing of Donald Trump in the New York hush money case, what the prosecution, defense, and Justice Merchan said in court, and the litigation over the release of Special Counsel Jack Smith’s Final Report in the Jan. 6 and classified document prosecutions. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From May 12, 2023: Earlier this year, Brian Fishman published a fantastic paper with Brookings thinking through how technology platforms grapple with terrorism and extremism, and how any reform to Section 230 must allow those platforms space to continue doing that work. That’s the short description, but the paper is really about so much more—about how the work of content moderation actually takes place, how contemporary analyses of the harms of social media fail to address the history of how platforms addressed Islamist terror, and how we should understand “the original sin of the internet.” For this episode of Arbiters of Truth, our occasional series on the information ecosystem, Lawfare Senior Editor Quinta Jurecic sat down to talk with Brian about his work. Brian is the cofounder of Cinder, a software platform for the kind of trust and safety work we describe here, and he was formerly a policy director at Meta, where he led the company’s work on dangerous individuals and organizations. 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.

Melissa Stewart, an Assistant Professor of Law at the University of Hawai'i at Mānoa’s William S. Richardson School of Law, joins Lawfare Managing Editor Tyler McBrien to discuss the International Court of Justice’s forthcoming advisory opinion on obligations of states in respect of climate change. Stewart discusses how we got here, the unprecedented level of participation from states and international organizations in written submissions and oral proceedings, and the main arguments put forth during two weeks of those proceedings in December. She also speaks about how, “in the face of limited jurisdictional pathways to pursue direct accountability against the states most responsible for climate change, states are pursuing creative solutions to seek progress before international courts and tribunals”—a phenomenon she coined “jurisdictional ingenuity” in a forthcoming book chapter. Mentioned in this episode: “The ICJ’s Advisory Opinion on Climate Change: A Data Analysis of Participants’ Submissions,” by Thomas Burri 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.

Jack Goldsmith sits down with Orin Kerr, a Professor at Stanford Law School, to discuss his new book, “The Digital Fourth Amendment: Privacy and Policing in Our Online World.” They talk about how Kerr became interested in these issues, the history and physicality assumptions of the Fourth Amendment, and how and why the digital world is different. They also discuss how the courts are interpreting the Fourth Amendment in a digital age, as well as Kerr’s Equilibrium-Adjustment Theory, the core theory of the book. 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 Molly Reynolds and Kevin Frazier to discuss the week’s big national security news, including: In object lessons, Molly shared an excellent holiday tradition to keep in your back pocket for next year and all the years to come: a family time capsule. Scott shared his newly perfected cocktail recipe, a concoction he is calling the Little Palermo™ (see below). And Kevin went a bit darker with his recommendation of “End Times,” by Peter Turchin. 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. The Little Palermo™ by Scott R. Anderson 1 oz. brandy 1 oz. cold brew concentrate 3/4 oz. Mr. Black coffee liqueur 3/4 oz. Averna 1/4 oz. rich demerara syrup 2 dashes chicory bitters Shake vigorously over ice, double strain into a glass, express lemon oil over the top. Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.