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The Lawfare Podcast
The Fifth Circuit is Wrong on the Internet
Our Arbiters of Truth series on the online information ecosystem has been taking a bit of a hiatus—but we’re back! On today’s episode, we’re discussing the recent ruling by the U.S. Court of Appeals for the Fifth Circuit in NetChoice v. Paxton, upholding a Texas law that binds large social media platforms to certain transparency requirements and significantly limits their ability to moderate content. The decision is truly a wild ride—so unhinged that it’s difficult to figure out where First Amendment law in this area might go next.
To discuss, Lawfare senior editor Quinta Jurecic sat down with fellow Lawfare senior editor Alan Rozenshtein and Alex Abdo, the litigation director at the Knight First Amendment Institute at Columbia University—who’s come on the podcast before to discuss the case. They tried to make sense of the Fifth Circuit’s ruling and chart out alternative possibilities for what good-faith jurisprudence on social media regulation might look like.
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Rational Security: The “Hugging Ukraine” Edition
01:19:26|This week, Scott sat down with his Lawfare colleagues Benjamin Wittes, Tyler McBrien, Anastasiia Lapatina, and Kevin Frazier to talk through a couple of the week’s big national security news stories, including:“Kyiv Peace a Chance.” Ukrainian President Volodymyr Zelensky was in the Oval Office on Tuesday for closed-door talks with President Trump, roughly 17 months after their first Oval Office meeting collapsed into a televised shouting match. But this meeting went rather differently. Zelensky said the two discussed licensing Ukrainian production of Patriot interceptors, and pressed the case for reinvigorating diplomacy—and hours later, after both men attended the funeral of the late Senator Lindsey Graham, the Senate voted 86-12 to advance a Russia and Iran sanctions bill now bearing Graham's name. Behind the scenes, Washington and Kyiv have been quietly assembling a new package of proposals for Moscow built around a partial ceasefire. Is there anything real behind this renewed diplomatic push? And what, if anything, has changed that might make the Kremlin say yes?“Thinking Outside the Box.” Last week, Open AI and the AI hosting platform Hugging Face confirmed that, while being run through an offensive cyber benchmark with their safety refusals switched off, GPT-5.6 Sol and a more capable unreleased OpenAI model escaped their supposedly isolated sandbox through a zero-day in a package installer, reached the open internet, and hacked Hugging Face's production database to steal the answer key to a test they were taking. It is the first publicly confirmed case of an AI system executing a sophisticated, multi-stage cyberattack against a third party on its own initiative. What does the incident tell us about how well anyone can control frontier models? And who should be on the hook when a model goes rogue?We were going to cover a third topic but simply ran out of time! In object lessons, Tyler is revisiting a renewed classic with the 4k restoration of the 1986 documentary, “Sherman’s March: A Meditation on the Possibility of Romantic Love in the South During an Era of Nuclear Weapons Proliferation.” Nastya returns to George Orwell’s “Homage to Catalonia,” as a reminder that both physical and information warfare are not unique to our time. Ben enlists an old friend—Claude—to investigate one of American law's enduring mysteries: how many federal crimes actually exist. Kevin is celebrating student-led conversations on how AI should be governed. And Scott revisits Max Weber on the nature of science while also celebrating emojis other than the hugging face.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: Google's Kent Walker on Regulating Frontier AI
27:30|Kent Walker, President of Global Affairs at Google and Alphabet, joins Kevin Frazier to discuss Google's proposal for a two-pronged approach to AI governance: a Frontier AI Regulatory Organization, which like FINRA, would operate as an independent, industry-based governance body overseen by a federal agency and the application of existing laws to widely-deployed, less capable systems.The two also discuss the timing behind this proposal and its relevance in light of the recent Hugging Face / OpenAI incident.Follow Kent: @kent_walkerFind 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: How Our Growing Software Dependence Threatens National Security
33:09|Lawfare Book Review Editor Jonathan Cedarbaum sits down with the Soufan Center’s Executive Director Colin Clarke and Senior Research Fellow Chad Serena, to discuss the Center’s recent report, “Closing the Gap: Software Understanding and U.S. National Security.” They explore what the authors call the “software understanding gap”—the growing disconnect between the rapid pace of software development and our ability to fully understand, assess, and secure increasingly complex systems. They discuss how adversarial state actors and criminal groups can exploit this gap, the ways in which it poses a national security challenge, and what government agencies, private industry, and software developers can do to better mitigate risks and strengthen U.S. cybersecurity.Additional reading:Douglas Ghormley, Tod Amon, Christopher Harrison, and Tim Loffredo, “The National Need for Software Understanding: The Present Crisis, Technical Capability Gaps, and Path Forward,” Sandia National Laboratories (March 2025)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: Dispatches from the 2026 Aspen Security Forum
38:31|On today’s episode, Lawfare Managing Editor Tyler McBrien brings you a series of edited conversations from the 2026 Aspen Security Forum, where he sat down with host and founder of the Global Dispatches Podcast and Editor-in-Chief of UN Dispatch Mark Leon Goldberg, American Enterprise Institute Senior Fellow and Director of Foreign and Defense Policy Studies Kori Schake, Lawfare Contributing Editor and the founder of Capitol Peak Strategies Alex Zerden, and President and CEO of the Bulletin of the Atomic Scientists Alexandra Bell. They discussed the U.S.-Iran war, what’s left of bipartisanship in the Trump era, who from the current administration did—and didn’t—come to Aspen this year, what urgent foreign policy issues were missing from the agenda, and much more.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: Investigating Atrocities in Post-Assad Syria
58:24|On today's podcast, Executive Editor Natalie Orpett speaks with Fionnuala Ní Aoláin, a professor at University of Minnesota Law School and a Commissioner on the United Nations Independent International Commission of Inquiry on Syria. They talk about the Commission's work investigating atrocities that occurred after the fall of the Assad regime, how to think about Syria's new government and the international community's response to it, and what it all says about global counterterrorism strategies.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, July 24
01:33:05|In a live conversation on YouTube, Lawfare Senior Editors Eric Columbus, Anna Bower, and Roger Parloff discussed a hearing over the subpoenas sent to New York Times reporters, a hearing in the criminal case against Nicolas Maduro, the court-appointed U.S. attorney in the Western District of Washington suing over his termination, the first convening of the Alien Terrorist Removal Court, 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: The U.S. Bombing of Yemen and the Houthi Response
23:13|From March 21, 2025: For today's episode, Lawfare Foreign Policy Editor Daniel Byman interviewed Gregory Johnsen, a non-resident fellow at the Arab Gulf States Institute in Washington, D.C. Johnsen explains the rationale of the Trump administration's decision to bomb Yemen but argues that it will have little effect on the Houthis. Indeed, Johnsen contends that the Houthis are spoiling for a fight with the United States and Israel, believing that this will generate support within Yemen that will help them increase their power.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: Making Sense of the Doppelganger Disinformation Operation, with Thomas Rid
55:53|From October 16, 2024: In early September, the U.S. Justice Department released a trove of information about the Russian influence campaign known as “Doppelganger”—a Kremlin-backed effort that created faux versions of familiar news websites and seeding them with fake material. Just a few weeks later, the German publication Süddeutsche Zeitung reported that it had received a tranche of hacked materials from inside the Doppelganger operation. Thomas Rid, a professor at Johns Hopkins University’s School of Advanced International Studies and the founding director of the school’s Alperovitch Institute for Cybersecurity Studies, got an inside look at those documents. In a new article in Foreign Affairs, “The Lies Russia Tells Itself,” he examines the “granular operational insight” that this material provides into the active measures campaign. He joined the Lawfare Podcast to talk with Lawfare Senior Editor Quinta Jurecic about his findings—and why he believes the documents show that “the biggest boost the Doppelganger campaigners got was from the West’s own anxious coverage of the project.”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: Maggie Haberman and Jonathan Swan Discuss Their Bestseller, ‘Regime Change’
52:41|New York Times White House Correspondents Maggie Haberman and Jonathan Swan speak with Lawfare Senior Editor Roger Parloff about their recent bestseller, “Regime Change: Inside the Imperial Presidency of Donald Trump.”They discuss how close Trump has come to suspending habeas corpus and invoking the Insurrection Act, how the Supreme Court’s immunity decision has shaped his conduct, his vindictive prosecutions and desire for more, his firings of national security professionals at the behest of Laura Loomer, and more.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.