The Lawfare Podcast

This week, Scott sat down with his Lawfare colleagues Benjamin Wittes, Natalie Orpett, and Molly Roberts for a special deep-dive into the intervention in Venezuela, including:“A Hop, Skip, and Jump Across the Rubicon.” This past weekend, the Trump administration took the step that Trump has been threatening for months: he deployed special operations to capture Venezuelan dictator Nicolás Maduro and bring him to the United States for criminal prosecution. The targeted operation was only hours long and resulted in no American fatalities, though more than 70 people in Venezuela were reportedly killed. The Trump administration has described it as a “law enforcement” operation. But what was it really? And where did he get the authority to do it?“A Truly Extraordinary Rendition.” By Monday, Maduro and his wife were in New York being arraigned on an array of drug- and weapons-related conspiracy charges. But prosecuting a head of state—albeit one not recognized by the United States—presents certain unique challenges. How should we expect the criminal case to proceed? “Running in Place.” President Trump has asserted that he and his advisers are now going to “run” Venezuela. But he’s left Maduro’s deputy, Delcy Rodríguez, in place, in lieu of the opposition movement the United States and many other countries have recognized as Venezuela’s legitimate government. Trump and his advisers seem intent on dictating terms to Venezuela through the “leverage” provided them by the ongoing quarantine over Venezuela’s oil, and potentially the threat of additional military action. But can this light-touch strategy succeed? In object lessons, (notably Chicagoan) Natalie delights in her long-standing admiration of The New Yorker with Netflix’s documentary “The New Yorker at 100.” Molly approaches Trump’s takeover of D.C. golf courses with a pitch for Knotty by Nature’s wooden putters. Scott honors the 5th anniversary of the Jan. 6, 2021, attack on the Capitol with a recommendation of Ellie Silverman’s moving profile of Nathan Tate in the Washington Post. And Ben honors the same anniversary with both a revisiting of Lawfare's narrative podcast series The Aftermath, and, relatedly, a surprise interview by Holly Berkley Fletcher with one of the attack’s most infamous perpetrators. 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.

Senior Editor Michael Feinberg and Associated Press reporter Mary Clare Jalonick sit down to discuss Mary Clare’s oral history of the events of Jan. 6, “Storm at the Capitol.” The two reflect on their own experiences from that day, and try to puzzle out what lessons can be drawn from them five years later.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 Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Anna Bower, Scott Anderson, Michael Feinberg and Eric Columbus and Lawfare Associate Editor Katherine Pompilio to discuss the Supreme Court’s decision on President Trump’s domestic deployment of the National Guard in many cities, Jack Smith’s testimony in front of the House, developments in Kilmar Abrego Garcia’s case, a hearing in the arrest of Venezuelan President Nicolas Maduro and his wife, and moreYou 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.

Today is the fifth anniversary of the Jan. 6, 2021, attack at the U.S. Capitol. That day marked the beginning of a reckoning across the entirety of the U.S. government. How did this happen? What does it mean? And how do we stop it from happening again? On today's podcast, Executive Editor Natalie Orpett discusses how Congress has been responding to these questions with current and former Lawfare senior editors Eric Columbus, Quinta Jurecic, and Molly Reynolds. They talk about what Congress has done, what it hasn’t, and how we should understand the legacy of Jan. 6—so far. You can read, watch, and listen to Lawfare's five years of Jan. 6 analysis on our website. 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.

During a live YouTube discussion on Jan. 4, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editor Scott R. Anderson, Foreign Policy Editor Dana Stuster, and Public Service Fellow Loren Voss to discuss what we know—and what we don’t know—about the legal issues raised by the U.S. strike on Venezuela and the capture of Venezuelan leader Nicolás Maduro. They spoke about what the administration's possible policy goals are in Venezuela, the potential legal justifications for the attack and capture of Maduro, and whether or not the United States is at war with Venezuela or some sub-groups. 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 October 9, 2024: For today’s episode, Loyaan Egal, the Chief of the Enforcement Bureau at the Federal Communications Commission (“FCC”), sat down with Lawfare Senior Editor and General Counsel Scott R. Anderson and Lawfare Contributing Editor and Morrison Foerster partner Brandon Van Grack to discuss the FCC’s growing but often underappreciated role in advancing U.S. national security. They covered how the FCC’s mandate intersects with U.S. national security concerns, how the FCC is tackling cutting-edge issues ranging from undersea cables to artificial intelligence-enabled election interference, and what other national security challenges the FCC is looking out for on the horizon. This episode is part of our special series, “The Regulators,” co-sponsored with Morrison Foerster, 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.

From September 30, 2024: New York Mayor Eric Adams is facing indictment in connection with a foreign influence scheme involving Turkey. It’s the latest in a long string of actions by the Justice Department to counter foreign efforts to interfere in the American political system. Lawfare Editor-in-Chief Benjamin Wittes sat down with Managing Editor Tyler McBrien, Senior Editor Quinta Jurecic, and Contributing Editor Brandon Van Grack to discuss the charges against Adams and the larger pattern of which they are a part.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.

Today's Lawfare Daily is Lawfare's annual "Ask Us Anything" mailbag episode where Lawfare contributors answered listener-submitted questions.Scott R. Anderson, Natalie Orpett, Benjamin Wittes, Kevin Frazier, Eric Columbus, Loren Voss, Molly Roberts, Jakub Kraus, Anna Bower, and Roger Parloff address questions on everything from presidential immunity to AI regulations to the domestic deployment of the military.Thank you for your questions. And as always, thank you for listening.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 April 16, 2024: Friday morning, the House of Representatives suddenly—after failing to do so earlier in the week—took up the reauthorization of FISA 702. They considered a bunch of amendments, one of which failed on a tie vote, and then proceeded to pass reauthorization of 702. Immediately after the votes, Lawfare Editor-in-Chief Benjamin Wittes spoke with Lawfare Senior Editors Stephanie Pell and Molly Reynolds, and Lawfare Student Contributor Preston Marquis. They talked about how the center beat the coalition of the left and right on the key question of warrant requirements for U.S. person queries, about whether the civil liberties community gained anything in this protracted process or whether the administration just kicked its butt, about what happens now as the bill goes back to the Senate, and about all the little details that went into this bill. 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.