The Lawfare Podcast

Brandon DeBot and Kelsey Merrick, of NYU’s Tax Law Center, speak to Senior Editor Roger Parloff about Attorney General Todd Blanche’s purported waiver of President Trump’s past tax liabilities on May 19, as part of a settlement of Trump’s $10 billion suit against the IRS.DeBot and Merrick discuss whether those who negotiated the deal might face criminal liability under 26 USC § 7217 or § 7212, and what steps Congress should take to investigate how the waiver came about and to stop it from taking effect.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.

In a live conversation on YouTube, Lawfare Executive Editor Natalie Orpett sat down with Senior Editors Eric Columbus, Molly Roberts, and Roger Parloff to discuss the D.C. Circuit rehearing the case over Judge Boasberg’s criminal contempt inquiry into the Justice Department in sending Venezuelans to CECOT, a federal judge squashing grand jury subpoenas to top Minnesota political officials, updates in the Kennedy Center litigation, and 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.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.

On today’s episode, Lawfare Managing Editor Tyler McBrien sits down with Jasper Craven, a freelance reporter covering the military and veterans’ issues, to discuss his new book, “God Forgives, Brothers Don't: The Long March of Military Education and the Making of American Manhood.” They speak about why the son of a peace activist embarked on this project, how military education helps explain our current political moment, and so much more.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.

From December 9, 2024: Kevin Xu, founder of Interconnected Capital and author of the Interconnected newsletter, joins Kevin Frazier, Senior Research Fellow in the Constitutional Studies Program at the University of Texas at Austin and a Tarbell Fellow at Lawfare, to analyze China’s AI ambitions, its current AI capacities, and the likely effect of updated export controls on the nation’s AI efforts. The two pay particular attention to the different AI development strategies being deployed by the U.S. and China and how those differences reflect the AI priorities of the respective nations. 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.

From February 21, 2025: Before January, most Americans had probably never heard of the Bureau of the Fiscal Service (BFS), a Treasury Department agency that distributes payments from the federal government. But over the last month, this corner of government has appeared again and again in the headlines, as aides working with Elon Musk’s quasi-governmental DOGE initiative successfully gained access to BFS’s payment systems. After a flurry of litigation, a temporary restraining order now bars these aides from accessing data—but the crisis is not over. It’s still not clear precisely what happened within BFS or what access political actors within the administration might gain in the future, and DOGE continues to access similarly sensitive systems in other agencies, such as the Social Security Administration and the Internal Revenue Service.To understand what’s happening, Senior Editor Quinta Jurecic spoke with Wendy Edelberg, director of the Hamilton Project and senior fellow at the Brookings Institution, and Jacob Leibenluft, who served in the Treasury Department and the Office of Management and Budget under the Biden administration. Why is it so alarming to have political appointees accessing BFS systems? What does this tell us about the administration’s political goals? And what manner of crises could result from this kind of meddling? 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.

From May 31, 2022: A few weeks ago, the Office of the Director of National Intelligence released the latest FISA transparency data. It was notable in at least two major respects: the continued decline of traditional Title I FISA applications—that is, warrants for individual surveillance—and separately, the rather large number of U.S. persons who had been searched under so-called 702 surveillance.To discuss the news, the data and what it all means, Benjamin Wittes sat down on Lawfare Live with Carrie Cordero of the Center for a New American Security and Adam Klein of the Strauss Center at the University of Texas. They talked about the 702 number. Is it really big, or does it just seem big? They talked about what's causing the decline in traditional FISA, about whether reforms in the wake of the Carter Page debacle have gone too far, and they talked about where it is all going from here.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.

This week, Scott sat down with cohost emeritus and Lawfare Research Director Alan Rozenshtein, Lawfare Managing Editor Tyler McBrien, Lawfare Public Service Fellow Julia Curlee, and Lawfare Contributing Editor and Vice President of Research, Security and Defense at the Chicago Council on Global Affairs Ariane Tabatabai, to talk through the week’s big national security news stories, including:“Fission Accomplished.” After nearly four months of war, the United States and Iran have reached a deal to end the conflict—with Trump declaring it “complete” and authorizing the reopening of the Strait of Hormuz ahead of a formal signing ceremony set for June 19 in Switzerland. But the agreement leaves enormous questions unresolved, from the fate of Iran’s enriched uranium to sanctions relief to whether the ceasefire extends to Israel’s campaign in Lebanon. Is this the durable peace Trump claims, or a fragile pause papering over the hardest issues?“Model Misbehavior.” Days after Anthropic publicly released its powerful new Claude Fable 5 model, the Commerce Department imposed export controls barring any foreign national—inside or outside the U.S.—from accessing it, forcing the company to disable the model worldwide. The administration says Anthropic recklessly refused to fix a dangerous jailbreak; Anthropic says it was a narrow, non-serious vulnerability and the order is a misunderstanding. What does this episode tell us about the government’s expanding use of export controls on AI—and its increasingly adversarial relationship with one of the country’s leading labs?“Bad Vibrations.” In one of her final acts as Director of National Intelligence, Tulsi Gabbard rescinded two Biden-era intelligence assessments that had cast doubt on whether a foreign adversary was behind “Havana Syndrome,” the mysterious ailments afflicting U.S. spies and diplomats. Gabbard’s office says the prior assessments cherry-picked intelligence to support a predetermined conclusion; critics worry about a politically motivated rewrite of analytic findings on the way out the door. What should we make of this last-minute reversal, and what does it mean for the future of the Havana syndrome debate—and Gabbard’s legacy as DNI?In object lessons, Tyler remains steadfast in his mission to ensure that no one ever runs out of podcasts, this week plugging A Whole Other Country, a discovery from Tribeca Festival Audio. Alan embraces peak dad-tech with his bbq upgrade—a new, after-market temperature controller. Scott savors a delightfully spicy Supreme Court dust-up in FS Credit Opportunities Corp. v. Saba Capital Master Fund, Ltd. And Julia celebrates her mug, an appropriate mainstay during her post-White-House-PDB “deep state therapy hour.”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.

Lawfare Senior Editor Michael Feinberg sits down with Devlin Barrett, a journalist and author of the new book, “The Department of Revenge: How Trump Took Control of American Justice,” to talk about the seismic changes in personnel and policy which have shaken the Justice Department over the past 18 months.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.

Ukraine Fellow Anastasia Lapatina sits down with Chris Powers, the Brussels correspondent at the Kyiv Independent, to discuss the recent progress in Ukraine's bid to join the European Union and the many political dramas that surround that process both in Kyiv and in Europe.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.