The Lawfare Podcast

Adam Thierer, Senior Fellow for the Technology & Innovation team at R Street, joins Kevin Frazier, the AI Innovation and Law Fellow at the UT Austin School of Law and a Contributing Editor at Lawfare, to review public comments submitted in response to the Office of Science and Technology Policy’s Request for Information on the AI Action Plan. The pair summarize their own comments and explore those submitted by major labs and civil society organizations. They also dive into recent developments in the AI regulatory landscape, including a major veto by Governor Youngkin in Virginia.Readings discussed:Kevin on Vance’s America First, America Only Approach to AIKeegan and Adam on AI Safety Treatises Kevin on Proposed Firings at NISTDean and Alan on PreemptionTo 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.

On March 28, Lawfare Editor-in-Chief Benjamin Wittes will sit down with Lawfare Senior Editors Scott Anderson, Anna Bower, and Roger Parloff, Lawfare Contributing Editor James Pearce, and former ACLU National Legal Director David Cole to discuss the status of the civil litigation against President Trump’s executive actions, including the deportation of individuals under the Alien Enemies Act, the detention of Mahmoud Khalil, and the targeting of law firms.

From January 30, 2024: U.S. military operations against Houthi rebels in Yemen have escalated rapidly in recent weeks, culminating in a number of major strikes aimed at degrading their ability to threaten Red Sea shipping traffic. But the war powers reports the Biden administration has provided to Congress are raising questions about how it is legally justifying this latest military campaign. To discuss the burgeoning conflict in Yemen and what it might mean for war powers, Lawfare Senior Editor Scott R. Anderson sat down with Brian Finucane, Senior Adviser at the Crisis Group; Lawfare Co-founder and Harvard Law School Professor Jack Goldsmith; and Lawfare Research Fellow Matt Gluck. They talked about their recent pieces on the topic, what we know and don’t know about the administration’s legal theory, and what the law might mean for how the conflict evolves moving forward. 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.

From April 22, 2021: Jack Goldsmith sat down with Lee Bollinger, the president of Columbia University, and Geoffrey Stone, the Edward H. Levy Distinguished Service Professor at the University of Chicago Law School, to discuss their new book, "National Security, Leaks and Freedom of the Press: The Pentagon Papers Fifty Years On." They discussed the holding and legacy of the Pentagon Papers case, as well as some of the many challenges of applying the Pentagon Papers regime in the modern digital era that is characterized by massive leaks and a very different press landscape than the one that prevailed in 1971.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.

For today's episode, Lawfare Foreign Policy Editor Daniel Byman interviewed Natan Sachs, the Director of the Middle East Program of the Brookings Institution, to discuss Israel's turbulent domestic situation and the renewal of the conflicts in Gaza and Lebanon. Sachs explains Prime Minister Benjamin Netanyahu's political tactics, the controversies over the budget, judicial reform and the resulting protests, and the sacking of figures like Shin Bet chief Ronen Bar. Sachs also discusses why Israel has decided to renew operations in Gaza and Lebanon and why strikes on Iran are more likely than in the past. 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.

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.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.

In a live recording on March 26, Lawfare Editor-in-Chief Benjamin Wittes spoke to Shane Harris of The Atlantic to discuss the decision to release the text messages sent by Trump administration officials in the Houthi PC Small Group Signal group chat which accidentally included The Atlantic Editor-in-Chief Jeffrey Goldberg, testimony given in Congress by officials who were in the chat, and what accountability may look like.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.

Shane Harris of The Atlantic joins Lawfare Editor-in-Chief Benjamin Wittes to talk about war planning on Signal, the Trump administration’s remarkable security lapse, and the testimony of the country’s intelligence chiefs that came in its wake.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.

Tom Kent ran Radio Free Europe/Radio Liberty and is a longtime Russia watcher. He talks to Lawfare Editor-in-Chief Benjamin Wittes about President Trump’s executive order dismantling Voice of America and Radio Free Europe.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.