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The Lawfare Podcast
Rational Security: The "Humphrey's Executor's Executor" Edition
This week, Scott sat down with co-hosts emeritus Benjamin Wittes, Quinta Jurecic and Lawfare's new senior legal fellow James Pearce to talk through the week's biggest national security news stories, including:
- “Midnight Planes Going Anywhere.” The Supreme Court has weighed in on the Trump administration’s decision to quickly fly dozens of Venezuelan nationals to El Salvador with little to no meaningful process, holding that those detained had to be provided notice and an opportunity to challenge their removal, but only through habeas in their place of detention. Meanwhile, we are still awaiting the Court’s final decision on whether a lower court can direct the executive branch to seek the return of another man who was removed to El Salvador by mistake. What will these decisions mean for the Trump administration’s aggressive deportation policies?
- “All the King’s Horses and All the King’s Men, Won’t Be Able to Put Humphrey’s Together Again.” Watchers of the D.C. Circuit may have suffered whiplash this week, as an appellate panel reversed a district court’s conclusion that the Trump administration’s removal of statutorily protected members of the Merit Service Protection Board and National Labor Review Board was most likely unlawful, only for the panel itself to be reversed in short order by the whole en banc court. The issues now seem clearly poised for review by the Supreme Court. Is Humphrey’s Executor and other case law preserving independent agencies toast? Or might the Court stop short of killing independent agencies altogether?
- “A Duty of Pander.” Attorney General Pam Bondi punished a Justice Department attorney this week after he admitted to a federal court that he had not been provided adequate answers to some of the court’s questions. It’s the latest in a parade of disciplinary actions accusing attorneys of disloyalty for engaging in candor with the federal courts over the confusion that some of the Trump administration’s policies have caused. Is the Attorney General within her rights to crack down on these actions? And what impact will her demand for loyalty have on the Justice Department’s relationship with the federal courts?
For object lessons, Quinta recommended the movie "Margin Call" as a reflection on the last financial crisis, as we prepare for the next one. Ben brought attention to Russia's brutal and inhumane attack on a children's playground in Ukrainian President Volodmyr Zelensky's hometown of Kryvi Rih, which underscores just how committed Russia really is to peace. Scott shared his latest home pizza discovery—a one hour no-knead recipe for pan pizza crust from King Arthur's Baking—as well as his next experiment: an all edge pieces pan pizza. And James gave a double-header object lesson, sharing his participation in the Baker to Vegas footrace and his reading of another story about something even more inhuman: Mary Shelley's Frankenstein.
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Lawfare Daily: Iran War Update—and How We Got Here
01:02:14|On today's podcast, Executive Editor Natalie Orpett is joined by Ariane Tabatabai and Julia Curlee. Ari is Vice President of Research, Security and Defense at the Chicago Council on Global Affairs and a Contributing Editor at Lawfare, and Julia Curlee is a Public Service Fellow at Lawfare. They talk about the war in Iran: where things stand today, and how we got here—including how the gutting of the national security apparatus in Washington affected the way the war is being waged by Tehran.Ari and Julia's Foreign Policy piece is available here: https://foreignpolicy.com/2026/09/09/trump-iran-deep-state-purges-intelligence-bureaucracy/?utm_content=gifting&tpcc=gifting_article&gifting_article=dHJ1bXAtaXJhbi1kZWVwLXN0YXRlLXB1cmdlcy1pbnRlbGxpZ2VuY2UtYnVyZWF1Y3JhY3k=&pid=PNIGUh1udtg297dTo 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 Right Kind of American for Rational Security” Edition
01:21:52|This week, Scott sat down with his Lawfare colleagues Executive Editor Natalie Orpett and Public Service Fellow Julia Curlee to talk through the week’s big news in national security, including:"The Xi-Quel." This week, Chinese President Xi Jinping arrives in Washington for a three-day state visit—his first to the U.S. capital in more than a decade, and the second Trump-Xi summit of 2026 after the president’s own trip to Beijing in May. The pageantry will be considerable: Trump plans to greet Xi personally at Joint Base Andrews, followed by a Rose Garden honor guard, a bilateral meeting, and a state dinner. But the substance is heavier than the ceremony. With a 90-day tariff truce set to expire on November 10, China’s rare-earth export controls hanging over global supply chains, a pending $14 billion arms package for Taiwan, and questions about Beijing’s economic lifeline to Iran, the two leaders face a crowded and contentious agenda. What can we actually expect from this summit? Is anyone anticipating a breakthrough—or just a managed continuation of what one analyst called a “managed stalemate”?"A Fjord in the Road." On Friday, President Trump announced that the United States, Denmark, and Greenland had reached an agreement giving Washington what he described as “permanent control over security, and all other needs” in Greenland—capping a year of tension in which Trump had repeatedly threatened to take the Arctic island by economic or even military force. Denmark and Greenland insist the deal respects Greenlandic sovereignty and territorial integrity even as it clears the way for a major expansion of the U.S. military footprint and bars adversaries like Russia and China from establishing bases or making “sensitive investments” there without U.S. approval. Does the deal really give Trump the “permanent control” he is touting? And how did a standoff that once looked like an existential crisis for a NATO ally end up here?"Contempt of Court." World leaders are gathering in New York this week for the annual high-level session of the UN General Assembly. In his speech before the body, President Trump reiterated a number of standard talking points, notably claiming to be a peacemaker even as he again threatened Iran with annihilation. But his administration may be planning something more dramatic: according to the Wall Street Journal and Reuters, the administration has drafted sanctions measures targeting the entire International Criminal Court—not just individual judges and prosecutors, as before—that could aim to cut the Hague-based tribunal off from the global financial system. The implications reach well beyond The Hague, raising hard questions about the weaponization of dollar dominance and the geoeconomic fallout for the banks, contractors, and allied governments that deal with the court. What is Washington trying to accomplish at Turtle Bay—and at what cost?In object lessons, Natalie, following in the footsteps of others before, has found a heartwarming use for AI, relatively speaking. Scott continues to nerd out over treaty law and the museums that love it. And Julia has a slightly less uplifting AI story—but one that could come with 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 Daily: The Houthi War Against Saudi Arabia
34:26|For today's episode, Lawfare Foreign Policy Editor Daniel Byman interviews Gregory Johnsen, non-resident fellow at the Arab Gulf State Institute, to discuss the current war in Yemen. The two discuss the latest developments in the war, the reasons for the Houthis' successes so far, the dilemmas facing Saudi Arabia, and why the situation has gone from bad to worse.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: Emily Benson on What Economic Security Is, and How We Should Think About It
01:02:12|Emily Benson is the Head of Strategy at Minerva Technology Futures, a strategic consulting firm that advises companies on how geopolitics impacts their business. She has also spent time at CSIS and at the Department of Commerce, and has spent more time thinking about economic statecraft than most of us. Emily joins Lawfare Contributing Editor and host of the Security Economics podcast Peter Harrell to discuss what economic security actually is and how we should think about it. She recently moved to Europe, and that gives her an interesting perspective on the issue, including whether Europe needs to diversify away from U.S. technology because of U.S.-related economic security risks. They also discuss China and how the U.S. and China are wielding economic security tools against each other. This episode is part of the Security Economics podcast series, in which Peter Harrell and guests explore the intersection of economics and national security, how countries manage their economies to support national security, and how they deploy economic tools in support of geopolitical objectives. 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: Two Appeals Concerning Alien Enemies Act Removals in Apparent Defiance of a Court Order
47:22|Lee Gelernt, the chief ACLU litigator on Alien Enemies Act cases, speaks to Senior Editor Roger Parloff about two upcoming DC Circuit arguments he’ll be making relating to the March 15, 2025, removals of 137 Venezuelans under the Alien Enemies Act.In one, the en banc court will grapple with whether to permit Judge James Boasberg to conduct fact-finding on whether to seek contempt charges against high-level Trump administration officials, including current Attorney General Todd Blanche and current U.S. Court of Appeals Judge Emil Bove.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, September 18
01:37:41|In a conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Senior Editors Anna Bower, Eric Columbus, Molly Roberts, and Roger Parloff to discuss the First Circuit rejecting the Trump administration’s third country deportation policy, former fugitive ICE agent jailed in Minnesota, oral argument in the Fourth Circuit over the dismissal of the first indictment against James Comey, 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: Page Hedley and Gad Weiss on OpenAI’s Latest Corporate Governance Pivot
47:57|From May 22, 2025: Page Hedley, Senior Advisor at Forecasting Research Institute and co-author of the Not for Private Gain letter urging state attorneys general to stop OpenAI’s planned restructuring, and Gad Weiss, the Wagner Fellow in Law & Business at NYU Law, join Kevin Frazier, AI Innovation and Law Fellow at Texas Law and Senior Editor at Lawfare, and Alan Rozenshtein, Associate Professor at Minnesota Law and Senior Editor at Lawfare, to analyze news of OpenAI once again modifying its corporate governance structure. The group break down the rationale for the proposed modification, the relevant underlying law, and the significance of corporate governance in shaping the direction of AI development.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: Conversations from Aspen, Part 1: Shashank Joshi on European Security and Iris Ferguson on the Arctic
45:14|From July 23, 2025: For today's episode, Lawfare Senior Editor Scott R. Anderson shares some of the conversations he had with leading policy experts and practitioners on the margins of this year's Aspen Security Forum, which took place last week. First he sat down Shashank Joshi, the Defence Editor for The Economist to discuss the new dynamics surrounding European security, as well as the path toward (and implications of) a Europe less dependent on the United States for its security.Scott then talked with Iris Ferguson of the Center for Strategic and International Studies, who was until recently the Deputy Assistant Secretary of Defense for Arctic and Global Resilience, about the strategic significance of the Arctic and how it plays into the modern dynamics of major power competition.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: Julia Curlee and John Sipher on John Ratcliffe’s Tenure as the Director of Central Intelligence
53:13|Senior Editor Michael Feinberg talks with Lawfare Public Service Fellow Julia Curlee and former CIA Case Officer John Sipher about John Ratcliffe’s tenure as the Director of Central Intelligence and cultural changes in the intelligence community writ large.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.