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The Lawfare Podcast
Rational Security: The “Living La Vida Off Camera” Edition
This week, Scott sat down with his Lawfare colleagues Benjamin Wittes, Natalie Orpett and Eric Ciaramella to talk through the week’s big national security news stories, including:
- “The Art of the Ordeal.” The Trump administration has been at the center of yet another bout of shuttle diplomacy the last several weeks, after an initial “28-point plan” for peace in Ukraine it appeared to hash out with Russia was met with widespread skepticism, both at home and in Kiev — leading it to shift focus to a “19-point plan” officials hashed out in closer consultation with Ukrainian officials and European officials, which was subsequently rejected by Russian President Vladimir Putin. What does this chaotic process tell us about the Trump administration’s strategy and priorities? And what is it likely to mean for America’s Ukrainian allies?
- “The War Crime on Drugs.” Defense Secretary Pete Hegseth is at the center of another controversy, this time over his reported order to “kill everybody” in the first strike on an alleged narcotics-smuggling boat this past September—an order that, intentionally or not, led to a second strike that killed several people who were by that point clinging to wreckage in the open sea, in seemingly clear violation of Defense Department practice and the laws of armed conflict. Hegseth and the White House have sought to shift responsibility for the second strike to senior military personnel, but it’s not clear whether Congress—where Democrats and Republicans on the armed services committees are threatening oversight—are persuaded.
- “Unlawful Good.” Several legislators who are also current or former servicemembers have been labeled the “Seditious Six” by the Trump administration and its allies for public statements they made reiterating that servicemembers’ are only obligated to follow lawful orders, specifically in relation to ongoing counter-narcotics military operations in the Caribbean. And at least one—Sen. Mark Kelly, a retired naval officer—has been publicly threatened with a court martial by the Defense Department. How seriously should we take these legal actions? And what could the broader ramifications be for the military?
In object lessons, Ben uses his once per decade mulligan. Eric recommends his current reading selection, "Chokepoints: American Power in the Age of Economic Warfare," a book that Scott reviewed on the Lawfare Podcast earlier this year. Scott gets into the spirit with one of his favorite seasonal albums, "It's a Holiday Soul Party." And Natalie plugs Lawfare’s new Domestic deployment tracker - plus, a fabulous, olive-filled stuffing recipe (just add croutons!)
Rational Security will be having its traditional end-of-year episode later this month, which will focus on listener-submitted topics and object lessons! So if you have topics you want us to discuss and object lessons you want to share—whether serious or frivolous—be sure to send them to rationalsecurity@lawfaremedia.org by Dec. 17th!
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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.
Lawfare Daily: Trump, Kim, and the Future of Korea
26:33|Lawfare Foreign Policy Editor Daniel Byman sits down with Andrew Yeo, senior fellow and the Korea Foundation Chair at the Brookings Institution’s Center for Asia Policy Studies and professor of politics at The Catholic University of America in Washington, D.C., to talk about Trump's decision to engage in talks with North Korea's leader while curtailing military exercises with South Korea. They discuss what might be expected from negotiations with North Korea, how Seoul perceives Trump's policy changes, and how curtailing military exercises will affect South Korean and U.S. capabilities.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.