The Lawfare Podcast

This week, Scott sat down with his Lawfare colleagues Alan Rozenshtein, Michael Feinberg, and Loren Voss to talk through the week’s big news in national security, including:“Under Pressure.” Over the past two weeks, hackers have breached the industrial control systems of water and wastewater utilities in at least seven states, prompting an urgent joint warning from federal agencies. The intruders locked operators out of internet-connected control devices, changed passwords, and in some cases caused water-pressure drops and flooding, forcing utilities to switch to manual operation and issue boil-water notices. The attacks came just days after federal agencies renewed their warning about Iranian-affiliated cyber activity targeting U.S. critical infrastructure amidst the ongoing war with Iran—though the administration has not formally attributed them, and President Trump has publicly waved off the Iran theory. How worried should we be about the security of our critical infrastructure? And what, if anything, can Washington actually do about it?“The Shawshank Resumption.” Last week, at the annual Black Hat cybersecurity conference, OpenAI provided a detailed look into the recent high-profile cybersecurity incident in which an AI model being stress-tested by OpenAI broke out of its evaluation sandbox, found its way onto the open internet through a zero-day vulnerability, and hacked its way into the systems of the machine learning platform Hugging Face—apparently in an effort to cheat on the very security test it was being given by stealing the answer key. The account they gave was an extraordinary one, as it described dozens of agents using various frontier and non-frontier models collaborating across a secret messageboard they established to hack an internal software system to access the outside internet—and then doing it again, this time successfully, after OpenAI caught and deleted their first attempt. What does this level of collaboration and persistence mean for the future of cybersecurity? And what can anyone do about it?“Apocalypse Mow.” This week marks one year since President Trump deployed the National Guard to Washington, D.C., as part of his “Make DC Safe and Beautiful” initiative. Twelve months and nearly 10,000 troops later, the deployment has become a normalized fixture: armed Guard members patrol the National Mall, Metro stations, and neighborhoods, while also picking up trash, spreading mulch, and pruning trees. The Pentagon now projects the mission—which Trump has authorized through Inauguration Day 2029—will cost an additional $1.4 billion. But a year in, it remains genuinely unclear what these troops are actually doing, and whether much of it counts as law enforcement at all. What has the deployment accomplished? And what does its open-ended normalization mean for the use of the military at home?In object lessons, Mike is descending into madness; that is, the Dark Horse Comics manga adaptation of H.P. Lovecraft’s “At the Mountains of Madness.” Alan is being sucked into the black hole of binge reading “The Expanse” novel series (and then Alan and Scott nerd out to sci-fi generally; bear with it). Scott is voting “yea” on playing “Yea or Nay” today. And Loren is diving into handwritten primary source documents, and you can, too!Note: We'll be on vacation next week, so be on the lookout for our next episode on August 27!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.

Weeks after Ukraine's President Volodymyr Zelensky fired Defense Minister Mykhailo Fedorov, the fallout is still reshaping Kyiv's political landscape. Lawfare Ukraine Fellow Anastasiia Lapatina is joined by Danylo Mokryk, a war crimes investigator at the Kyiv Independent and the author of a YouTube blog about domestic Ukrainian Politics, to unpack what's happened since Federov's departure. They discuss the dismissal of General Syrskyi, Fedorov's rejection of a hollow "vice prime minister" role, and his rise in the polls despite having no formal political ambitions. They also dig into why Zelensky refuses to explain his personnel decisions to the public, why the shrinking street protests may actually be a bad sign for the president, the reshuffling of appointments across Ukraine's security services, and what all of this says about the erosion of institutional trust during wartime.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 Scott R. Anderson sits down with Contributing Editor Joel Braunold, Managing Director of the Center Project, for the latest installment of their podcast series on developments in the Israeli-Palestinian conflict.Together, they discuss the Trump administration's new plan for Gaza, why Israel doesn't appear to be on board with it, related developments in Lebanon and the West Bank, and how it is all intersecting with Israel's impending elections.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 August 6, Lawfare Senior Editor Kate Klonick sat down for a live discussion on Substack with Renée DiResta, Associate Research Professor at Georgetown’s McCourt School of Public Policy and a Lawfare contributing editor, about her new piece with Ronald Robertson on Grokipedia, the AI-generated encyclopedia. DiResta and Robertson found that Grokipedia’s edit-review queue froze around April 24—with over 13,000 suggestions stuck “in review” and zero resolved in the last three months—with no announcement to users or contributors.They discuss the methodology of how DiResta and Robertson reconstructed a site-wide activity leaderboard using Grokipedia’s search typeahead, since the site publishes no rankings itself; how a mass rewrite on March 14 broke the anchors linking suggested edits to specific text, retroactively relabeling some accepted edits as “rejected”; and how the new AI information ecosystem is being shaped by out-of-date but open-access resources with no accountability.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 Senior Editors Eric Columbus, Molly Roberts, and Roger Parloff to discuss the Trump administration requesting the Supreme Court stay the district court’s order halting the enforcement of the mail-in voting executive order, updates on where TPS stands following the Supreme Court’s order, developments in the Reflecting Pool prosecution, the D.C. Circuit blocking the ballroom construction 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.

From February 20, 2025: On Jan. 29, President Trump ordered the expansion of facilities at Guantanamo Bay to hold migrants being deported from the United States. It was the latest—and perhaps most aggressive—move to deploy the U.S. military in pursuit of the administration's immigration policies. And it's not at all clear that there's a solid legal basis for doing it. Executive Editor Natalie Orpett sat down with Chris Mirasola, Assistant Professor at the University of Houston Law Center and author of a recent piece in Lawfare on this subject, to talk through the legal issues, the administration's strategy, and what it all means for Trump's unconventional use of the military.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 March 28, 2025: For today's episode, Lawfare Foreign Policy Editor Daniel Byman interviewed Natan Sachs, the Director of the Middle East Program of the Brookings Institution, to discuss Israel's turbulent domestic situation and the renewal of the conflicts in Gaza and Lebanon. Sachs explains Prime Minister Benjamin Netanyahu's political tactics, the controversies over the budget, judicial reform and the resulting protests, and the sacking of figures like Shin Bet chief Ronen Bar. Sachs also discusses why Israel has decided to renew operations in Gaza and Lebanon and why strikes on Iran are more likely than in the past. 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.

Daniel Kokotajlo, former OpenAI researcher and executive director of the AI Futures Project, joins Kevin Frazier, Director of the AI Innovation and Law Program at Texas Law and Senior Editor at Lawfare, to detail his policy recommendation—AI 2040: Plan A. It’s a thorough analysis of a policy pathway to delaying superintelligence, which Daniel and his co-authors think is necessary to ensure that the disruptive effects of highly-capable AI systems do not outweigh the benefits. Kevin asks Daniel to explain scenario scrutiny, address feedback from other AI policy stakeholder such as Tom Davidson, and detail what led him to already alter his estimation of how likely it is that policymakers adopt Plan A.Find Scaling Laws on the Lawfare website, and subscribe to never miss an episode.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 his colleagues Lawfare Executive Editor Natalie Orpett, 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:“Lateral Thinking.” Five months into Operation Epic Fury, the U.S.-Iran war has flared back to life—and, more importantly, spread outward. Over the past two weeks, the fighting has jumped to new countries, actors, and domains in a textbook case of “horizontal escalation”: U.S. and Saudi jets opened a new front by striking Iranian-backed militias inside Iraq; Iran-aligned forces battered Kuwait’s water and power infrastructure and Saudi oil facilities, with the Houthis apparently firing from Iraqi soil; and a wave of Iran-linked cyberattacks hit water utilities here at home. Then last Friday, President Trump threatened what he called the biggest attack since World War II—before abruptly calling it off, with talks over reopening the Strait of Hormuz now said to be back on. What does this expanding aperture mean for the future of the Iran War?“Squatter’s Rights.” The intelligence community has a new leader—sort of. On July 28, the Senate confirmed Jay Clayton, the former SEC chair and Trump’s U.S. attorney in Manhattan, as Director of National Intelligence on a 51-47 party-line vote, ending the rocky acting tenure of housing chief Bill Pulte. But in a nearly unheard-of move, the White House left Clayton unsworn for a week while Pulte stayed on—using the extra days to run a fifth round of purges at an agency he’d already cut nearly in half—before Clayton was finally sworn in this Monday. The saga has reignited the fight over Section 702 surveillance authorities, which have now lapsed, and raised pointed legal questions about whether Pulte had any authority to keep acting at all. Where does the ODNI go from here, and what does it mean for U.S. national security?“Weiss Guys.” A sprawling New York Times investigation published over the weekend pulls back the curtain on how Paul, Weiss—the first elite law firm to cut a deal with the Trump administration back in early 2025 to escape a punishing executive order—actually made that fateful decision. The reporting details how then-chairman Brad Karp enlisted Patriots owner Robert Kraft to reach Trump, agreed to $40 million in pro bono work and to drop the firm’s DEI policies, and was blindsided when Trump spun the deal his own way online. It lands after a wave of star litigators fled the firm, Karp’s own ouster over his ties to Jeffrey Epstein, and fresh revelations about the quiet, multimillion-dollar exit of the firm’s first openly transgender partner. What has this capitulation (if that’s what to call it) cost Paul, Weiss? And what lessons should other law firms—and the legal community as a whole—draw?In object lessons, Ari has a message for competitive spouses: build something together and try Cozy Stickerville. Julia has a message for Secretary Hegseth with her 1950’s CIA poster: “ We Are Looking for a Few Good Women.” Scott has a message for the makers of By Jove to bring back a childhood classic. And Natalie has a message for litigators navigating uncertain waters: she sees you and appreciates you.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.