The Lawfare Podcast

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.

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.

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 BurriTo 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.

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.

This week, Scott sat down with his Lawfare colleagues Molly Reynolds and Kevin Frazier to discuss the week’s big national security news, including:“Mike Drop (Almost).” While we are still two weeks away from having a new president, the 119th Congress is already underway. But there are signs of tension in the Republican majority controlling both chambers, with House Republicans (under pressure from former President Trump and adviser Elon Musk) having killed a leadership-negotiated compromise funding bill at the end of the last Congress and Speaker Mike Johnson just barely securing reelection by a single vote after some last minute wrangling within the Republican caucus. What do these recent events tell us about what we should expect over the next year?“Will Be Mild.” The Jan. 6 that passed earlier this week went very differently than the one four years ago, with Congress peacefully recognizing former President Trump’s election back to the White House. How are the legacies of the Jan. 6 insurrection of 2021 winding to a close in 2025? And which seem likely to persist?“Missed Connections.” Finland received an unwelcome Christmas present this year, after a major undersea telecommunications cable was damaged by the anchor of a suspected Russian shadow ship, in an act some believe was deliberate. And Taiwan rang in the New Year in similar fashion, with a major undersea cable getting damaged by a China-associated vessel. What is behind this set of attacks? And what tools do the affected states have to defend themselves?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. Anderson1 oz. brandy1 oz. cold brew concentrate3/4 oz. Mr. Black coffee liqueur3/4 oz. Averna1/4 oz. rich demerara syrup2 dashes chicory bittersShake vigorously over ice, double strain into a glass, express lemon oil over the top.

Lawfare Senior Editor Eugenia Lostri sat down with Winnona DeSombre Bernsen, nonresident fellow at the Atlantic Council and founder of the hacker conference DistrictCon, and Nina Alli, Executive Director of the Biohacking Village, to talk about their recent report, “It Takes a Village: Spotlighting Practitioner Driven-Cybersecurity Successes and Future Opportunities.” The report collects the insights of seven cybersecurity villages and outlines the value they can bring to security research and how policymakers can benefit from engaging with them.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.

Jessica Pishko, an independent journalist and lawyer who writes about the criminal legal system with a focus on the political power of law enforcement officials, joins Lawfare Managing Editor Tyler McBrien to discuss her new book, “The Highest Law in the Land: How the Unchecked Power of Sheriffs Threatens Democracy.”Pishko discussed the roots of the constitutional sheriffs movement, broke down several myths and realities of the office, and explained the immense appeal sheriffs have for the far-right.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 podcast, Lawfare Senior Editor and Brookings Senior Fellow Molly Reynolds is joined by Quinta Jurecic, a Fellow at Brookings and Senior Editor at Lawfare, and Ryan Reilly, Justice Reporter at NBC News, to discuss a long-awaited report on Jan. 6 from the Department of Justice’s Inspector General, as well as a new report from House Republicans focusing on the pipe bombs planted outside the Democratic and Republican National Committees as part of the violence that day. They explore what the reports do—and do not—cover, how they fit in with other investigative work on the insurrection, and what the overall landscape of accountability looks like on the precipice of President Trump’s return to office.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 January 5, 2023: It was a few months ago that something went boom under the sea and the Nord Stream 2 pipelines were severely damaged. Everyone assumed the perpetrator was the Russian Federation because of the Russian Federation’s war in Ukraine, and because the pipeline carried natural gas from Russia to Europe. But, months have gone by and evidence that Russia was behind the Nord Stream attacks has not surfaced.This was the subject of a lengthy article in the Washington Post, the lead author of which was Shane Harris. Lawfare editor-in-chief Benjamin Wittes sat down with Shane to discuss the article, what we know about the Nord Stream attacks, and what we know about who could be behind them.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.