Share

The Lawfare Podcast
Chatter: Confirmations for National Security Positions, with Arnold Punaro
At the start of every presidential administration, the nominees for more than 1,000 civilian positions require Senate confirmation. A large number of those are in the Department of Defense, with confirmation responsibility going to the Senate Armed Services Committee (SASC). And whether it's a new administration or not, the committee processes dozens of civilian nominations for typical turnover reasons and thousands of military promotions as part of regular order.
Arnold Punaro, author of the new book If Confirmed, knows the Senate confirmation process as well as or better than anyone alive. For half a century, he has been central to the confirmation process for military-related nominees--including more than two decades in the US Senate (as SASC Staff Director and in other roles) and more than 25 years since then as an official or unofficial confirmation adviser for the Executive Branch. He joined David Priess to talk about the Constitutional foundations of confirmation, the overall process as it has evolved from nomination through confirmation to appointment, recess appointments and their limits, the Federal Vacancies Reform Act and its quirks, how a presumption of confirmation can get nominees in trouble, why senatorial holds on nominees are getting out of control, which aspects of the confirmation process need to change, and more.
Works mentioned in this episode:
The book If Confirmed by Arnold Punaro
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, featuring music created using Groovepad.
See acast.com/privacy for privacy and opt-out information.
More episodes
View all episodes

Lawfare Daily: Misogyny and Violent Extremism with Cynthia Miller-Idriss
51:21|Cynthia Miller-Idriss, a professor at American University, discusses her new book, "Man Up: The New Misogyny & the Rise of Violence Extremism," with Lawfare Foreign Policy Editor Daniel Byman. She explains how different forms of misogyny shape lead to political and social violence, why most scholarship and media accounts usually ignore the role of gender, and what individuals can do to fight back.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 Daily: The Trials of the Trump Administration, Jan. 30
01:28:11|In a live conversation on YouTube, Lawfare Senior Editor Eric Columbus sat down with Lawfare Senior Editors Anna Bower, Roger Parloff, and Molly Roberts to discuss the FBI search of the election center in Fulton County, the arrest of protestors in Minnesota, including Don Lemon, a decision out of the 9th Circuit regarding temporary protected status for Venezuelans, 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.
Lawfare Archive: Discussing President Trump’s First Batch of Executive Orders
57:28|From January 27, 2025: In a live conversation on January 23, Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Senior Editors Scott R. Anderson, Anna Bower, Quinta Jurecic, and Alan Rozenshtein and assistant law professor at Pace University Amelia Wilson about the first batch of executive orders by President Trump in his second term, including suspending enforcement of the TikTok ban, the use of the military at the border, the birthright citizenship order, and the legal challenges some of these orders are facing.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 Archive: Judge Cannon Dismisses Classified Documents Case Against Trump
58:26|From July 16, 2024: On July 15, Judge Cannon granted former President Trump’s motion to dismiss the indictment brought by Special Counsel Jack Smith for the alleged mishandling of classified documents. She found that Smith was appointed as a special counsel in violation of the Appointments Clause of the Constitution.In a live podcast recording, Lawfare Editor-in-Chief Benjamin Wittes talked to Lawfare Executive Editor Natalie Orpett, Legal Fellow and Courts Correspondent Anna Bower, Senior Editors Alan Rozenshtein and Quinta Jurecic, and Columbia Law professor Michel Paradis about Judge Cannon's decision, what Special Counsel Jack Smith may do next, how the Eleventh Circuit may rule on an appeal, how Justice Thomas’s immunity concurrence plays a role, and 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.
Lawfare Daily: The Thousands of Lawsuits Challenging Pres. Trump’s Mandatory Alien Detention Policy
38:44|Kyle Cheney, senior legal affairs reporter for Politico, speaks to Lawfare Senior Editor Roger Parloff about the thousands of habeas corpus cases he has pored through challenging a Trump administration policy requiring mandatory detention for most detained aliens.They discuss how judges have ruled on these cases, the degree to which those rulings do or don’t correlate with political expectations, the appellate prospects for such cases, and why they haven’t been resolved by class action.More reading on this topic:"Hundreds of judges reject Trump’s mandatory detention policy, with no end in sight," by Kyle Cheney, Politico (January 5, 2026)"Judges, inundated with immigration cases, don’t mince words on ICE tactics," by Kyle Cheney, Politico (January 26, 2026)Kyle's thread on Minnesota cases on XTo 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.
Rational Security: The “Pawing at Scott” Edition
01:13:12|This week, Scott sat down with his Lawfare colleagues Alan Rozenshtein, Eric Columbus, and Molly Roberts for a deep dive into two of the week’s big national security news stories:“Slipping Down the Slope.” Last week’s killing of 37-year-old ICU nurse Alex Pretti by Border Patrol agents in Minneapolis, Minnesota, has triggered what increasingly appears to be a national backlash against the Trump administration’s immigration policies and ICE’s violent tactics. Republicans and Democrats alike have been increasingly public in their criticism of the administration’s actions—and, in particular, DHS Secretary Kristi Noem—while state officials have begun exploring more legal avenues for pushing back against federal officials. The Trump administration, meanwhile, may be shifting tack, as it has replaced Border Patrol commander-at-large Greg Bovino with immigration czar Tom Homan on the ground in Minneapolis and adopted a more conciliatory tone. Is this a real turning point for the Trump administration’s flagship policy? Or more of a feint?“Now We’re Just Waiting on Artificial Strength, Dexterity, Wisdom, and Charisma.” Last week, the artificial intelligence company Anthropic released what it’s calling a “constitution” for its premier AI model, Claude. The constitution seeks to instill a moral framework, value system, and even a personality in the AI model, taking an unprecedented step in both private AI governance and AI personhood. How does Claude’s constitution factor into broader discussions about AI development and regulating how models should interact with users?In object lessons, Eric sticks to classic Rational Security orthodoxy by recommending an actual, physical object: his wife’s beloved migraine-slaying device, The Tingler. Alan flagrantly violates the show’s informal norms with a repeat recommendation—season 2 of The Night Manager (plus some unsolicited fawning over Tom Hiddleston). Scott, desperate for warmth, throws the rulebook into the fire with a double object lesson: 1) Metro’s Fire Snake to satisfy your basic human need for fire, and 2) long underwear to satisfy your base-layer needs. And Molly restores order with a hat that truly captures how we’re all feeling: America is in trouble, and we’re tired.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 Daily: Trump, Greenland, and the International Order
42:17|The crisis over President Trump's threats to annex Greenland appears to be over for now. But the second- and third-order consequences continue to unfold as NATO allies try to manage their relationship with the United States. In this episode, Lawfare Senior Editor Molly Roberts, Lawfare Public Service Fellow Ariane Tabatabai, and Egmont Institute Visiting Fellow John Drennan give an overview of the crisis and discuss its implications for the United States and NATO, as well as talk though how U.S. adversaries like Russia and China see the family feud.For more on these topics, see:“Western Europeans Are Hedging on a Post-U.S. NATO,” by Lucas Robinson, Lawfare (June 24,2025)“Russia and China in the Gray Zone,” by Ariane Tabatabai, Lawfare (November 14, 2025)“America Needs a New Nuclear Nonproliferation Toolkit,” by Ariane Tabatabai, Lawfare (January 21, 2026)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 Daily: Elizabeth Tsurkov on Her Captivity in Iraq
01:10:43|Editor in Chief Benjamin Wittes sits down with Princeton PhD candidate Elizabeth Tsurkov to talk about the 903 days that she was held in captivity by Kata'ib Hezbollah, an Iranian-backed militia in Iraq. Tsurkov describes the circumstances of her detention, the realities of life in captivity, and the sociological study she undertook of her captors while imprisoned. Wittes and Tsurkov also explore changes in U.S. hostage policy under the Biden and Trump administrations, as well as how various governments responded to efforts to secure her release. For more on Elizabeth’s powerful story, see:“Held Hostage by Iran’s Militias: Where Are They Now?,” a talk by Elizabeth Tsurkov, moderated by Charles Lister and Benjamin Wittes, hosted by the Middle East Institute (January 21, 2026)“Lawfare Daily: One Year Since the Kidnapping of Elizabeth Tsurkov,” Ben’s conversation with Emma Tsurkov about her efforts to seek her sister’s release (March 25, 2024)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 Daily: The Military’s Operational Technology Cyber Vulnerabilities
48:46|Andy Grotto, William J. Perry International Security Fellow and the founder and co-director of the Program on Geopolitics, Technology, and Governance at Stanford University’s Center for International Security and Cooperation (CISAC), and Jim Dempsey, a senior policy adviser to that program and a Lecturer at the UC Berkeley Law School, join Lawfare’s Justin Sherman to discuss their recent study on the U.S. military’s domestic operational technology (OT) cybersecurity vulnerabilities, domestic installations’ dependencies on critical infrastructure both “inside the fence” and “outside the fence,” and how U.S. adversaries could exploit the flaws. They also discuss the myth of the air gap; the Pentagon's Energy Resilience Program; the role that standards, regulations, and procurement could play in strengthening the cybersecurity of OT systems on which the military depends; and what the threat landscape will look like in the coming years.Resources:James X. Dempsey and Andrew J. Grotto, “Ensuring the Cyber Resilience of Critical Infrastructure Serving Domestic Military Installations: Questions for Senior Leadership,” The Cyber Defense Review 10, no. 2 (2025): 115-138Jim Dempsey and Andrew J. Grotto, “The Pentagon’s Operational Technology Problem,” Lawfare, December 15, 2025To 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.