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The Lawfare Podcast
Rational Security: The “How Many Constitutional Crises Can We Fit Into One Episode?” Edition
This week, Scott sat down with Lawfare Senior Editors Molly Reynolds and Quinta Jurecic, and Contributing Editor Chris Mirasola, to focus on the week’s big domestic news, including:
- “Drama Majors, Meet Major Drama.” In the glittering city of Los Angeles, the Trump administration has taken the dramatic step of calling up the California National Guard and deploying them alongside active duty Marines to secure federal personnel and facilities, specifically against protestors demonstrating against the Trump administration’s draconian immigration policies. Is this the beginning of a broader threat to the constitutional order, as some of Trump’s critics say it is? And what should we make of President Trump’s suggestion that he may yet invoke the controversial Insurrection Act?
- “Precision Rescission, What’s Your Mission?” The Trump administration has asked Congress to formally rescind a slice of the federal spending it has been withholding since entering office, specifically relating to foreign assistance and the Corporation for Public Broadcasting—a request the House seems poised to move on this week. How likely is it that Congress will agree to the cut in funds? And what will the implications be for relevant legal challenges and Trump’s broader agenda?
- “There and Back Again.” After an unexpected journey and epic delays on the part of the government, the Trump administration has finally repatriated Kilmar Abrego Garcia, the man who was mistakenly deported to El Salvador—only to charge him with human trafficking and other federal crimes in Tennessee. How serious are the charges against him? And is this likely to be a win or loss for the administration’s broader immigration agenda?
In object lessons, Molly shared a ranking of New York mayoral candidates by their bagel orders—and whose order is so bad, it’s a schmear on their very New Yorker-ness. Quinta recommends Ava Kofman’s profile of Curtis Yarvin in the New Yorker as a masterclass in the art of meticulous evisceration. Scott introduced his 4-year-old to his old Tintin books by Hergé—because it’s never too early to get into the drawbacks of colonialism. And Chris fled real DC drama for fake DC drama with The Residence on Netflix.
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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.
Rational Security: The “Worlds Colliding” Edition
01:26:12|This week, Scott sat down with his colleagues Lawfare Senior Editors Kevin Frazier and Roger Parloff, 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:“P(doom) and Gloom.” Last week, a wonky corner of the tech world became national news when Jacob Coxon, a 27-year-old pretraining researcher, resigned from Anthropic and posted a viral thread accusing his employer and its rival OpenAI of racing toward self-improving superintelligence and “gambling with our lives.” His warning was quickly amplified by current Anthropic staff—and, days later, by CEO Dario Amodei himself, who published a lengthy essay urging the industry to slow down, drawing rare public agreement from Sam Altman and Elon Musk, a slide in AI stocks, and fresh calls for regulation in Washington. Is this the moment AI-safety fears finally broke into the mainstream? And should the rest of us be as worried as the people building these systems say they are?“Trains, Planes, and Provocations.” Tensions along NATO’s eastern flank are spiking over an increasing number of Russian provocations in and near NATO territory relating to the Ukraine conflict. Recent examples have included an explosives-laden drone at a German airport, another drone shot down in Lithuanian airspace, and repeated incursions into Poland and Romania related to border and port facilities adjacent to Ukraine. NATO Secretary General Mark Rutte pledged to bolster the alliance’s defenses and insisted the West won’t be “scared” off of supporting Kyiv, even as Polish Prime Minister Donald Tusk warned that the coming months could bring intensified Russian action and possible spillover onto NATO soil. Is this a deliberate campaign by Russia to test and divide the alliance? And how much escalation risk does it actually carry?“Seeking the Plane Truth.” On September 29, the full D.C. Circuit will hear en banc arguments in what may be one of the most consequential rule-of-law fights of Trump’s second term: whether Chief Judge James Boasberg may investigate who in the administration defied his March 2025 order to turn around planes carrying Venezuelan men to El Salvador’s CECOT prison under the Alien Enemies Act. While Boasberg found probable cause for criminal contempt, panels dominated by Trump appointees have twice blocked him from doing so—with the Justice Department, whose own senior officials are reportedly implicated in some of the relevant discussions, arguing that all a judge may do is refer the matter to the Department itself to decide whether to investigate and prosecute. What is really at stake when the branch accused of contempt gets to decide whether anyone is charged? And how is the full court likely to rule?In object lessons, Kevin is putting the “community” in community college with high praise for the AI Literacy initiative in Alabama. Roger seams to think that the Bayeux Tapestry at the British Museum in London is knot your average exhibit. Scott finds weekend mornings watching Hilda with his kids to be a magical, enchanted adventure. And Ari is decidedly not in the Middle of Nowhere with her love for the new Kacey Musgraves album. 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: Eileen Guo on Whether “the Censorship-Industrial Complex” Actually Exists
43:01|Senior Editor Michael Feinberg sits down with Eileen Guo, co-author with Gisela Perez de Acha and Martin Sona of “How ideas of a vast censorship network moved from the online fringe to Trump policy,” and senior reporter with the MIT Technology Review, to discuss her research into whether the “censorship-industrial complex” was an actually entity or a pretextual justification to dismantle the government’s anti-disinformation apparatus.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.