Share

The Lawfare Podcast
Rational Security: “The General Mattis of the NFL” Edition
This week, Scott sat down with his Lawfare teammates Tyler McBrien and Nastya Lapatina and Lawfare friend Joel Braunold, Managing Director of the S. Daniel Abraham Center for Middle East Peace, to talk over the week's big national security news stories, including:
- “Mi Gaza Es Su Gaza.” President Donald Trump shocked the world last week when, in a joint press briefing with Israeli Prime Minister Benjamin Netanyahu, he announced plans for the United States to “own” Gaza, take responsibility for reconstructing it, and ultimately renovate it into a “Riviera” on the Eastern Mediterranean—one, he later made clear, that Palestinians would no longer be allowed to live in. What of this plan is serious and what is bluster? And what impact will it have on the broader Israeli-Palestinian conflict, including the delicate ceasefire that Trump’s emissary worked so hard to secure just weeks ago in Gaza?
- “Bullets for Bauxite.” President Trump recently reiterated his desire for a quick end to the conflict in Ukraine, a topic on which senior Trump administration and Ukrainian officials will be talking soon. But peace will come at a price—in this case, a deal guaranteeing U.S. access to Ukraine’s rare earth minerals, among other concessions. Is Trump’s timeline realistic? And how is his administration’s “America First” tack likely to impact the trajectory of the conflict?
- “Quid Pro Whoa.” Acting Deputy Attorney General Emil Bove took the exceptional step this week of directing the U.S. Attorney’s Office for the Southern District of New York to dismiss corruption charges—arising from alleged improper contributions and relationships with foreign government officials, including from Turkey—against New York Mayor Eric Adams so that Adams could focus his energy combating high crime and unlawful immigration. What should we make of such a clear quid pro quo? And what might it mean for the Justice Department moving forward?
For object lessons, Tyler and Nastya plugged Lawfare's next big long-form audio documentary series, which they co-host and is set to debut later this month: Escalation, a podcast about the war in Ukraine. Scott recommended an incredibly touching piece in the New York Times about faith, parenthood, and reconciling the two, entitled "How My Dad Reconciled His God with His Gay Son," by Timothy White. And in honor of the man's Super Bowl victory, Joel shared one of his favorite quotes from Philadelphia Eagles quarterback Jalen Hurts, which has particular resonance with the peacebuilding community he works in: "I had a purpose before anybody had an opinion."
We value your feedback! Help us improve by sharing your thoughts at lawfaremedia.org/survey. Your input ensures that we deliver what matters most to you. Thank you for your support—and, as always, for listening!
Use promo code RATIONALSECURITY at the link below to get an exclusive 60% off an annual Incogni plan:
More episodes
View all episodes

Lawfare Archive: Jack Goldsmith on Trump v. United States and Executive Power
53:00|From February 12, 2025: Jack Goldsmith, the Learned Hand Professor at Harvard Law School and co-founder of Lawfare, joins Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare, to talk about his recent Lawfare article discussing last year's Supreme Court decision in Trump v. United States and its implications for executive power. They discuss how the ruling extends beyond presidential immunity, the broader shift toward a maximalist theory of executive authority, and what this means for the future of American democracy.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: Nayna Gupta on the Laken Riley Act
34:48|From February 7, 2025: On today’s podcast, Lawfare Associate Editor for Communications Anna Hickey spoke to Nayna Gupta, Director of Policy at the American Immigration Council, about the Laken Riley Act, the first piece of legislation signed by President Trump in his second term, its start as a messaging bill in the last Congress, and its impact on the immigration detention system.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: Lessons for Civilian Harm Mitigation in Urban Warfare, from Gaza and Beyond
55:48|For today's podcast, we're bringing you the audio for a panel discussion that Senior Editor Scott R. Anderson hosted this past November, at a conference on Precision Lethality and Civilian Harm Mitigation, hosted by the Center for Ethics and the Rule of Law (CERL) at the University of Pennsylvania.Joining him on the panel were Professor Claire Finkelstein, CERL's founder and director; Christopher Maier, a former Assistant Secretary of Defense for Special Operations and Low Intensity Conflict in the Biden administration; Dr. Larry Lewis, a principal research scientist at CNA and expert in civilian harm mitigation; and Professor Geoffrey Corn of Texas Tech University School of Law, an expert in the law of armed conflict with more than two decades of experience as an Army Judge Advocate General.Together, the panelists discussed the challenges of civilian harm mitigation in urban warfare environments, what mistakes were made in Gaza and other contexts, how civilian harm mitigation intersects with media coverage and legitimacy concerns, and what key lessons policymakers and warfighters should carry into the next such conflict.You can view articles and podcasts published in Lawfare that grew out of a number of workshops and sessions from the conference here.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.
Rational Security: The “Midnight Train to Ukraine” Edition
01:20:35|This week, Scott sat down with Editor in Chief Benjamin Wittes, who recently returned from Ukraine, and Lawfare’s Ukraine Fellow Anastasiia Lapatina, to go through the latest developments in that country, including:“Cold War.” Russia’s ongoing winter campaign against Ukraine’s energy infrastructure has created a humanitarian crisis in many parts of the country. In Kyiv, at least one major power plant has been completely destroyed, and many more energy sites have been damaged. Numerous other parts of the country are without power and heating during a season when temperatures regularly dip below zero degrees Fahrenheit. What do these attacks show about the dynamics of the conflict? And what can be done to curb their effects?“Stuck in the Sand.” U.S.-backed negotiations between Russia and Ukraine—which continued in Abu Dhabi this past week—remain at an impasse, without tangible progress other than a prisoner of war exchange that led to the release of 157 Ukrainians from Russian captivity. Russia continues to demand that Ukraine surrender a large swath of territory in its eastern Donbas region, which Kyiv says is a red line. Meanwhile, President Zelensky has suggested that the United States is pushing the sides to end the war by summer 2026 — perhaps because of the U.S. midterm elections set to take place shortly thereafter. What is the state of the negotiations at this point? Is this a reasonable expectation by the administration? Or are there any areas for potential agreement in the short or medium term?“(P)eye in the Sky?”: The war in Ukraine is arguably the first to be fought in substantial part through drones. Not only has the conflict helped showcase the capabilities of drones, but it’s spurred rapid development in the technology behind them—and methods that might be used to defeat them. What did Ben learn about these technologies on his trip? And what can it tell us about the future of warfare?In object lessons, Ben departs from his signature dog shirts to shirts of a more subversive nature. Nastya pleads to the power of your inner light in helping the families of Kyiv who are suffering through the energy crisis. And Scott encourages you to keep reading and caring about the War in Ukraine.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: Why AI Won't Revolutionize Law (At Least Not Yet), with Arvind Narayanan and Justin Curl
44:24|Alan Rozenshtein, research director at Lawfare, speaks with Justin Curl, a third-year J.D. candidate at Harvard Law School, and Arvind Narayanan, professor of computer science at Princeton University and director of the Center for Information Technology Policy, about their new Lawfare research report, “AI Won't Automatically Make Legal Services Cheaper,” co-authored with Princeton Ph.D. candidate Sayash Kapoor.The report argues that despite AI's impressive capabilities, structural features of the legal profession will prevent the technology from delivering dramatic cost savings anytime soon. The conversation covered the "AI as normal technology" framework and why technological diffusion takes longer than capability gains suggest; why legal services are expensive due to their nature as credence goods, adversarial dynamics, and professional regulations; three bottlenecks preventing AI from reducing legal costs, including unauthorized practice of law rules, arms-race dynamics in litigation, and the need for human oversight; proposed reforms such as regulatory sandboxes and regulatory markets; and the normative case for keeping human decision-makers in the judicial system.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: Dockets Die in Darkness with Peter Beck and Seamus Hughes
32:58|In his recent piece for Court Watch, a news site covering interesting, yet often overlooked federal court filings, Lawfare Associate Editor Peter Beck wrote about the Middle District of Georgia, which is “filled with rich news stories that even a few years ago would have been quickly reported” but which “now sits in a so-called ‘news desert,’ a place that is largely devoid of even a single newspaper, let alone a reporter dedicated to its federal court.” Out of Georgia’s 17 counties without a single local news source, 12 fall within the Middle District of Georgia’s jurisdiction. Unfortunately, this district is not alone in this regard, writes Beck, but rather “part of a broader trend of the death of local news, leaving community members uninformed about important developments in their neighborhoods and leading to less and less transparency in the legal system.”For today’s episode, Lawfare Managing Editor Tyler McBrien sits down with Beck, as well as Seamus Hughes, a senior research faculty at the University of Nebraska Omaha’s National Counterterrorism Innovation, Technology, and Education Center (NCITE) and the founder of Court Watch, to discuss what happens when “dockets die in darkness.”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: What To Expect on the Immigration Front in Year 2 of Trump's Second Term
52:42|Lawfare Senior Editor Eric Columbus talks with Aaron Reichlin-Melnick of the American Immigration Council to discuss what is—and isn’t—likely to look different in the upcoming year of Trump administration immigration policy. After a whirlwind year, ICE and CBP have a lot more resources than at the dawn of the administration—but also a lot more opposition. How will it all shake out? 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, Feb. 6
01:25:04|In a live conversation on YouTube, Lawfare Executive Editor Natalie Orpett sat down with Lawfare Senior Editors Eric Columbus, Roger Parloff, and Molly Roberts to discuss a congressional hearing into ICE’s use of force in Minneapolis and Chicago, oral argument over DHS’s mandatory detention policy, a district judge rejecting Minnesota’s 10th amendment challenge to Operation Metro Surge, 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: Asylum-Seekers and the EU Migration Pact
55:15|From April 1, 2024: In early February, the European Union approved a major overhaul of its immigration laws. If approved by EU member states, the pact will drastically curtail the rights of migrants and asylum seekers entering the European Union. It’s part of a trend we’re seeing all over the world, including here in the U.S. Lawfare Executive Editor Natalie Orpett sat down with Steve Meili, Professor of International Human Rights Law at University of Minnesota Law School. They discussed the EU Pact’s new provisions, why critics are calling them a violation of human rights law, and how asylum and migration law is evolving globally. 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.