The Lawfare Podcast

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.

On March 21, Lawfare Editor-in-Chief Benjamin Wittes sits down with Lawfare Senior Editors Anna Bower, Quinta Jurecic, and Roger Parloff to discuss the status of the civil litigation against President Trump’s executive actions, including DOGE’s incursions on the U.S. Institute of Peace, the invocation of the Alien Enemies Act, and the firing of probationary employees.

From March 21, 2023: By many accounts, the United States is living through a new era of competition—not just between major powers and strategic rivals, but between ideologies. Around the world, many authoritarian governments seem to be on the rise, even as many liberal democracies are facing a crisis of confidence, including, by some accounts, here in the United States.In a new book entitled, “Defeating the Dictators,” Charles Dunst, a former journalist and current deputy director of research and analytics at The Asia Group, lays out what he sees as the right strategy for making democracies more effective and defeating the appeal of authoritarian government. Lawfare Senior Editor Scott R. Anderson sat down with him to discuss his new book, the importance he places on Singapore as a case study, and how the domestic remedies he focuses on translate into foreign policy.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 May 9, 2023: Since March 2022, El Salvador has been under a state of exception as its President Nayib Bukele seeks to crack down on the country’s powerful gangs. Bukele, who once described himself on Twitter as the “world’s coolest dictator,” has engaged in a prolonged attack on El Salvador’s democratic institutions. And the crackdown has resulted in a range of human rights abuses. At the same time, Bukele really does seem to have been successful in curbing gang violence, and his popularity is sky high. To understand the situation in El Salvador, Lawfare Senior Editor Quinta Jurecic spoke with Manuel Meléndez-Sánchez, a PhD candidate in Political Science at Harvard University who has written about Bukele on Lawfare. They discussed why Bukele’s crackdown on the gangs seems to be working, why it might fall apart in the long term, and what Bukele’s rise means for democracy in El Salvador and around 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.