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The Lawfare Podcast
Rational Security: The "New Phone, Houthis?" Edition
This week, Scott sat down with his Lawfare colleagues Benjamin Wittes and Roger Parloff to talk through the week of the most Rational Security-esque of national security news stories ever, including:
- “Oopsec.” In a strong contender for the most ridiculous national security story of the year, senior Trump administration officials appear to have planned a series of airstrikes in Yemen that took place earlier this month through the social messaging app Signal—and they appear to have included The Atlantic’s Editor-in-Chief Jeffrey Goldberg by mistake, giving him access to detailed war plans and internal policy discussions that he has now (mostly) made public. How irresponsible were the Trump administration’s actions? And what will the consequences be of this mistake?
- “Secrets, Lies, and Bureaucratic Red Tape.” The Trump administration employed the Alien Enemies Act to remove alleged members of the Venezuelan gang Tren de Aragua to a notorious prison in El Salvador last week, just before or perhaps just after (a point of ongoing inquiry) an order from a federal district court judge directed them not to. And now the Trump administration is invoking the state secrets privilege to avoid having to disclose more details regarding its policy choices. How firm is the legal ground that the Trump administration is operating on? And how will the courts handle it?
- “How Do You Think We Keep These Shoes So White?” Leading white shoe law firm Paul, Weiss kissed the feet—or perhaps licked the boots—of President Trump this week in an effort to escape the highly discriminatory sanctions Trump recently imposed on them for their past ties with a lawyer who worked with the prosecution in his New York criminal case. What could their acquiescence mean for big law? And the legal industry more generally?
In object lessons, Roger is unwinding from court documents in English by diving into Walter Isaacson’s “Elon Musk” in French—because nothing says relaxation like a billionaire’s biography en français. Scott revisited his college years, reminded of Bob Dylan’s live 1966 performance of “The Royal Albert Hall Concert” after watching A Complete Unknown (pro tip: never leave a pile of axes at a folk festival). And Ben pleads with “the algorithm” to stop assuming he needs weapons disguised as mobility devices.
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Lawfare Daily: The Trials of the Trump Administration, September 1
43:47|In a conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Senior Editors Molly Roberts and Roger Parloff to discuss the Supreme Court granting a stay of the district court's preliminary injunction, allowing President Trump to continue to build the White House ballroom while litigation is ongoing, and the information about the U.S. Postal Service's system for handling mail ballots released by a whistleblower to Senator Blumenthal.You can find information on legal challenges to Trump administration actions here. And check out Lawfare’s homepage on the litigation, Bluesky account, and 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 Daily: How Terrorist Groups are Using Artificial Intelligence
41:16|Lawfare Foreign Policy Editor Daniel Byman sits down with Tricia Bacon, professor at American University, and Antonia Juelich, International Security Lead at the Cambridge Programme on AI Science & Policy (CASP), to talk about how different terrorist groups are using artificial intelligence and how governments are employing AI to fight them. They discuss how Boko Haram and other terrorist groups are using AI to become more deadly, terrorist group problems with using AI, the risk of catastrophic AI-enabled terrorism, and what governments and companies need to do better.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, August 28
01:37:26|In a conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Senior Editors Anna Bower, Molly Roberts, Kate Klonick, and Eric Columbus to discuss a judge finding the Pentagon’s supply chain risk designation of Anthropic unlawful, significant developments in the litigation challenging President Trump’s mail in ballot executive order, the prosecution of Representative LaMonica McIver, a filing from Trump suggesting that the Kennedy Center may be torn down, a district judge denying Minnesota’s motion to extradite an indicted ICE agent, 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: ‘Chokepoints: American Power in the Age of Economic Warfare,’ with Edward Fishman
01:08:54|From March 5, 2025: For today's episode, Lawfare general counsel and senior editor Scott R. Anderson sat down with Edward Fishman, a senior research scholar at the Center for Global Energy Policy within Columbia University's School of International and Public Affairs, to discuss his new book: "Chokepoints: American Power in the Age of Economic Warfare."They discussed Fishman's own career at the cutting edge of economic statecraft, the evolving toolkit it has come to present U.S. policymakers, the role he thinks it will play in our new era of major power competition, and what it may all mean for the future of the global order.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: The Trucker Convoys and Domestic Unrest in Canada
01:03:04|From February 11, 2022: Over the past few weeks, Canada has been living through its own insurrectionary moment, as a series of trucker convoys have used tractor trailer trucks to occupy much of downtown Ottawa, launch protests in other major Canadian cities, and block points of entry along the country's southern border with the United States. While nominally objecting to Canadian vaccination mandates, particularly as applied to truckers, the convoy movement has at times made even more ambitious demands, including the dissolution of the Trudeau government, and it has close ties to far right-wing nationalists and ethno-nationalist organizations, both in Canada and the United States. While the convoy movement began in Canada, there are signs that is beginning to spread, with similar efforts appearing in Australia and New Zealand and intelligence reports suggesting the same may soon happen in the United States.To put these recent developments in context, Scott R. Anderson sat down with three Canadian national security experts who have been following the convoy crisis closely: Amarnath Amarasingam, assistant professor at Queen’s University; Stephanie Carvin, associate professor at Carleton University; and Jessica Davis, president of Insight Threat Intelligence. They discussed the origins of the convoy movement, its relationship with domestic violent extremism and what it might mean for both Canada and the rest of the world.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: Israel's Most Consequential Election, with Natan Sachs
47:52|Lawfare Foreign Policy Editor Daniel Byman sits down with Natan Sachs, a senior fellow at the Middle East Institute, to discuss who is likely to win the October 27 Israeli elections and what the consequences might be for wars in Gaza and Iran as well as Israeli domestic politics. They also talk about the role of small parties and how Trump might sway the vote.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 “All Takin’ and No Givin’” Edition
01:15:44|This week, Scott sat down with his Lawfare colleagues Editor in Chief Benjamin Wittes, Public Service Fellow Julia Curlee, and Contributing Editor Alex Zerden to talk through the week’s big news in national security, including:“Skynet’s the Limit.” A Russian drone guided entirely by onboard artificial intelligence—with no human directing the final strike—appears to have killed three civilians at a gas station in Zaporizhzhia, Ukraine, on July 6, in what experts believe may be the first killings carried out by a fully autonomous Russian weapon. As both armies race toward greater battlefield autonomy—driven in part by electronic warfare that jams the radio links piloted drones rely on—the strike marks a threshold that arms-control experts have long warned about: machines, not people, deciding whom to kill. What do we make of this development, and what does it mean for the laws of war?“Rial Talk.” Earlier this week, Treasury Secretary Scott Bessent unveiled a new round of sanctions on Iran and what he called its “enablers,” branding the campaign “Operation Economic Outcast” and promising an “economic D-Day” aimed at severing every financial lifeline that sustains the regime. The measures target a global network of brokers, shadow-fleet vessels, and firms moving Iranian oil, along with Tehran’s access to digital assets, gold, aviation, and shipping—though Bessent conspicuously held back the biggest penalties on some major trading partners like China, favoring “quiet diplomacy” instead. The announcement lands with Iran’s currency at record lows and the U.S.-Iran war grinding into its sixth month after a ceasefire window lapsed. Is maximum economic pressure a substitute for military force—and will it actually work?“Sorry, Not Sorry.” Trade talks between Washington and Ottawa collapsed late last week, and at the stroke of midnight on Aug. 21st, President Trump’s 50% tariffs on roughly $20 billion in Canadian goods—everything from hockey equipment and furniture to liquor and clothing—took effect. Prime Minister Mark Carney, who blamed the breakdown on last-minute “uneconomic” and “unfair” U.S. demands, vowed to match the tariffs “dollar for dollar” with his own duties on U.S. steel, dairy, appliances, and electronics starting September 8, and went so far as to say Canada is “at war” after being “attacked.” With the future of the USMCA free-trade pact suddenly in doubt, how did two of the world’s closest trading partners get here, and where does the escalation go next?In object lessons, Ben is not giving away his shot to call out the Daily Caller on not delivering on its headline. Julia is reminding us of her love of all things Lawfare. Scott reminds us that the world may never be the same after seeing it through the eyes of a poet. And Alex is bobbing his head to his reimagining of Bombs Over Baghdad.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.
Scaling Laws: Is Meta's Oversight Board a Model for AI Governance?
47:21|Kenji Yoshino, Chief Justice Earl Warren Professor of Constitutional Law at New York University School of Law and a member of Meta’s Oversight Board, joins Kevin Frazier, director of the AI Innovation and Law Program at the University of Texas School of Law and Senior Editor at Lawfare, and guest co-host Lawfare Senior Editor Kate Klonick, to discuss what frontier AI companies can learn from the Oversight Board. Yoshino recently co-authored a Tech Policy Press piece with fellow Board member Ronaldo Lemos arguing that meaningful AI oversight should feature independent and representative overseers, external standards, and transparent, reasoned decisions.The trio tests that proposal against some of the hardest questions raised by the Oversight Board’s own experience. Can a selective, precedent-setting institution provide meaningful oversight at AI scale? What gives a privately created board legitimacy to constrain decisions with global consequences? What powers would an AI oversight body actually need? And when does private oversight complement democratic regulation—and when might it merely give corporate power a new source of legitimacy?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.
Lawfare Daily: Censorship Incentives with Julia Curlee and Mike Feinberg
56:03|Lawfare Public Service Julia Curlee has written an article on the incentives facing intelligence community members when they are purged from government. Entitled “The Censorship Machine: Silencing the National Security Workforce,” and published on August 26, the piece explains why more former public servants are not speaking out about what they saw in government. She and former FBI Special Agent Mike Feinberg, now a Lawfare senior editor, joined Editor in Chief Benjamin Wittes to discuss the article, the pressures former officials are facing not to talk, and the sheer numbers who are keeping quiet.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.