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The Lawfare Podcast: Patreon Edition
Rational Security: The "Humphrey's Executor's Executor" Edition
This week, Scott sat down with co-hosts emeritus Benjamin Wittes, Quinta Jurecic and Lawfare's new senior legal fellow James Pearce to talk through the week's biggest national security news stories, including:
- “Midnight Planes Going Anywhere.” The Supreme Court has weighed in on the Trump administration’s decision to quickly fly dozens of Venezuelan nationals to El Salvador with little to no meaningful process, holding that those detained had to be provided notice and an opportunity to challenge their removal, but only through habeas in their place of detention. Meanwhile, we are still awaiting the Court’s final decision on whether a lower court can direct the executive branch to seek the return of another man who was removed to El Salvador by mistake. What will these decisions mean for the Trump administration’s aggressive deportation policies?
- “All the King’s Horses and All the King’s Men, Won’t Be Able to Put Humphrey’s Together Again.” Watchers of the D.C. Circuit may have suffered whiplash this week, as an appellate panel reversed a district court’s conclusion that the Trump administration’s removal of statutorily protected members of the Merit Service Protection Board and National Labor Review Board was most likely unlawful, only for the panel itself to be reversed in short order by the whole en banc court. The issues now seem clearly poised for review by the Supreme Court. Is Humphrey’s Executor and other case law preserving independent agencies toast? Or might the Court stop short of killing independent agencies altogether?
- “A Duty of Pander.” Attorney General Pam Bondi punished a Justice Department attorney this week after he admitted to a federal court that he had not been provided adequate answers to some of the court’s questions. It’s the latest in a parade of disciplinary actions accusing attorneys of disloyalty for engaging in candor with the federal courts over the confusion that some of the Trump administration’s policies have caused. Is the Attorney General within her rights to crack down on these actions? And what impact will her demand for loyalty have on the Justice Department’s relationship with the federal courts?
For object lessons, Quinta recommended the movie "Margin Call" as a reflection on the last financial crisis, as we prepare for the next one. Ben brought attention to Russia's brutal and inhumane attack on a children's playground in Ukrainian President Volodmyr Zelensky's hometown of Kryvi Rih, which underscores just how committed Russia really is to peace. Scott shared his latest home pizza discovery—a one hour no-knead recipe for pan pizza crust from King Arthur's Baking—as well as his next experiment: an all edge pieces pan pizza. And James gave a double-header object lesson, sharing his participation in the Baker to Vegas footrace and his reading of another story about something even more inhuman: Mary Shelley's Frankenstein.
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Lawfare Archive: The U.S. Bombing of Yemen and the Houthi Response
23:15|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.
Lawfare Archive: Making Sense of the Doppelganger Disinformation Operation, with Thomas Rid
55:58|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.”
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.
Rational Security: The “(Deep State) Friends We Make Along the Way” Edition
01:16:31|This week, Scott sat down with his Lawfare colleagues Public Service Fellow Julia Curlee and Senior Editors Eric Columbus and Molly Roberts to talk through the week’s big news in national security, including:“The Manchurian Candidates.” In a primetime address to the nation last Thursday, July 16, President Trump declassified a trove of intelligence documents that he claimed prove America’s elections are dangerously vulnerable to foreign interference—particularly by China—and revived his long-standing, evidence-free assertions that the 2020 election was “rigged” against him. He ordered the Justice Department to prosecute those he claims were involved. But intelligence officials past and present, as well as the documents themselves, draw a sharp line between foreign influence campaigns and actual interference with vote counts—and none of the material supports the claim that any votes were changed. What is actually in the documents that President Trump has declassified? And what does his speech tell us about his intentions for the midterm elections and the 2028 elections beyond?“Leak and Ye Shall Find.” The Trump administration has dramatically escalated its campaign against leakers, culminating in grand jury subpoenas served to New York Times journalists, some at their homes, over their reporting on security concerns relating to the new Qatari-gifted Air Force One. The Pentagon and the Justice Department have stood up a joint task force to “identify and prosecute leakers,” and the New York Times is now fighting the subpoenas in court, calling them an attempt to intimidate the press that treads on First Amendment rights. The administration insists that reporters aren’t the targets—only the people who actually leaked—and said that the reporters are simply witnesses. How much legal jeopardy do the reporters—and the media more broadly—actually face? And is this a genuine national security effort or an assault on press freedom?“Advise and Dissent.” Two of the administration’s most consequential nominees—Jay Clayton, who has been nominated as Director of National Intelligence, and Todd Blanche, who has been nominated as Attorney General—sat for their Senate confirmation hearings last week. Clayton, currently U.S. Attorney for the Southern District of New York, repeatedly declined to say that Joe Biden won the 2020 election, while Blanche was grilled over the now-“dead” anti-weaponization fund, the Epstein files, and the very NYT subpoenas he authorized. Both face unexpectedly narrow paths to confirmation, complicated by the sudden death of Sen. Lindsey Graham. What did we learn from the hearings? And what are each nominee’s prospects for confirmation?In object lessons, Julia strums to the strifes it seems we can’t escape. Eric compliments the coordinated collection of compost. Scott salutes Mr. The Frog and friends who are back on the small screen (and then gets scooped on another Muppet story). And Molly marvels at one of her many military morale patches.
Lawfare Daily: Can State Laws Protect Against Misuse of the National Guard?
59:13|On today's podcast, Executive Editor Natalie Orpett sits down with Liza Goitein and Joseph Nunn of the Liberty and Security Program at the Brennan Center, and Lawfare Senior Editor Loren Voss. They talk about the state laws governing the National Guard—what they allow, what they prohibit, and what it means for domestic deployments in the United States. What is the National Guard allowed to do, especially when operating in a hybrid status where the mission is defined by the president but the governor retains command and control? State laws are complex, varied, and sometimes facially unconstitutional. The Brennan Center recently published a compendium of those state laws at https://www.brennancenter.org/our-work/research-reports/state-and-territorial-laws-governing-national-guard.
Ask Lawfare Anything: July 2026
59:26|On this month's Ask Lawfare Anything, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Foreign Policy Editors Dan Byman and Dana Stuster to answer questions submitted by Lawfare material supporters. Access to this event is available exclusively for Lawfare material supporters.
Lawfare Daily: Inside Zelensky’s Disastrous Decision to Fire Ukraine’s Minister of Defense
01:00:57|On today’s episode, Lawfare’s Ukraine Fellow Anastasiia Lapatina talks to Francis Farrell, a front line reporter at the Kyiv Independent, about the Ukrainian president’s decision to replace the country’s Minister of Defense, the mass protests it caused, and how the decision will impact the course of the war.
Lawfare Daily: How To Make a Patriot, with Fabian Hoffman
32:16|On today’s episode, Lawfare’s Ukraine Fellow Anastasiia Lapatina talks to Fabian Hoffman, a senior research fellow at the Programme for Ukraine and Full-Spectrum Threats at the Norwegian Institute for Defence Studies, about what it would take for Ukraine to produce Patriot interceptor missiles, if the United States had given it the license to do so.
Lawfare Daily: The Trials of the Trump Administration, July 17
01:23:36|In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Senior Editors Eric Columbus, Anna Bower, Molly Roberts, and Roger Parloff to discuss the confirmation hearing for acting Attorney General Todd Blanche, subpoenas sent to New York Times reporters, a judicial opinion voiding President Trump’s settlement with the IRS, 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.