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The Lawfare Podcast: Patreon Edition
Rational Security: The “Off the Rails” Edition
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This week, Scott was joined by Lawfare Managing Editor Tyler McBrien, Lawfare Senior Editor Molly Roberts, and University of Virginia Professor of Law Paul Stephan to talk through the week’s big news in national security, including:
- “Textual Healing.” On Friday, a 6-3 Supreme Court majority brought an end to at least the current iteration of President Trump’s controversial tariff policies, ruling that language in the International Emergency Economic Powers Act (or IEEPA) authorizing the “regulation of…importation” doesn’t include the authority to impose tariffs. That said, President Trump himself has already indicated that he intends to reinstate many of the tariffs he had installed using IEEPA under other statutory authorities. How big a setback is this for the Trump administration’s trade policies? And what might it mean for other aspects of its policy agenda?
- “Mayhem in Mexico.” Over the weekend, an elite unit of the Mexican army killed one of the country’s most powerful drug kingpins, Nemesio Oseguera Cervantes, also known as “El Mencho.” His syndicate, the Jalisco New Generation Cartel, immediately retaliated, through attacks on Mexican security forces, roadblocks throughout the country, and other measures intended to terrorize the public, particularly in areas frequented by American and Western tourists. The decision to move against El Mencho followed an intense pressure campaign by the Trump administration, which has pushed Mexican President Claudia Sheinbaum to take a hard stand against the cartels. Should this be seen as a win for the Trump administration? Or Sheinbaum? And what could the long-term implications be for the U.S.-Mexico relationship?
- “Clap if You Believe.” On Tuesday, President Trump delivered his annual State of the Union address, the longest of its kind. Many had braced for a contentious speech, expecting Trump to ridicule the justices seated in front of him and potentially even announce strikes on Iran. But Trump appeared to pull his punches on both of those fronts—he instead saved his harshest words for congressional Democrats and focused on laying out a rose-colored picture of the state of the country. How effective was Trump’s speech? And what does it tell us about the current state of his second presidency?
In object lessons, Tyler just has this strange sense that you will enjoy the Otherworld podcast. Molly (and her dog) find comfort in the soft, squishy claws of Cthulhu. Scott eased his travel woes with a twist on the Vieux Carre at Birch & Bloom in Charlottesville. And Paul mixed his object lesson with three parts: Peter Suderman’s Cocktails if you’re into all things shaken and stirred; Mark Galeotti's podcast, In Moscow’s Shadow, if you’re into all things Russia-related; and Dan Wang’s New York Times Best Seller book, “Breakneck,” if you’re into all things China-related.
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Rational Security: The “No Banner is Safe” Edition
01:13:09|This week, Scott sat down with co-host emeritus Benjamin Wittes and Brookings Senior Fellow Kari Heerman to talk through the week’s big news in national security, including:“With Friends Like Xi.” This past week, top U.S. officials and business CEOs traveled with President Trump to Beijing for his summit with Chinese President Xi Jinping. The summit had a warm air to it, with Trump going so far as to call Xi his “friend,” a far cry from his hawkish stance toward China during the campaign and his prior administration. But Trump left having made relatively few concrete deals on the host of issues dividing the U.S. and China. Did Trump miss an opportunity here? Or is the seeming thaw in relations a positive sign for future cooperation?“Dirty Dancing: Havana Fights.” Cuba ran out of oil last week, but the Trump administration’s pressure campaign against the island nation 90 miles off the coast of Florida has only intensified. On Monday, the U.S. announced new sanctions on three Cuban government agencies and 11 top officials amidst reports that the Department of Justice may seek an indictment against Raúl Castro, the 94-year-old brother of Fidel Castro and former president of Cuba. And surveillance flights over the island nation have reportedly increased in advance of an expected military build-up in coming weeks. How seriously should we take Trump’s threats to pursue regime change in yet another country after Iran and Venezuela? And how long can Cuba hang on with its economic situation becoming more dire?“I’ve Got 122 Problems, and a Tariff is One.” On May 7, the U.S. Court of International Trade struck down yet another round of Trump tariffs—this time, the across-the-board 10% Section 122 tariffs that President Trump had imposed after the Supreme Court invalidated the earlier tariffs he’d issued under the International Emergency Economic Powers Act. Specifically, the Court of International Trade ruled that the administration cannot meet the statutory requirements for using Section 122, though its ruling has since been stayed by the Federal Circuit pending appeal. Is this decision likely to stick? With another legal defeat, what options does the administration have left to follow through on Trump’s trade policy?In object lessons, Ben appeases the AI overlords with a glowing review of his latest experiments with Claude. Scott appeases his inner middle-aged man with a reprised recommendation of A Man on the Inside. And Kari fears that Americans are far from appeasing friends and allies in other democratic countries.
Lawfare Daily: Ancient China and Modern Politics
49:52|Senior Editor Michael Feinberg sits down with Daniel Bell, a professor at the University of Hong Kong, who recently wrote, “Why Ancient Chinese Political Thought Matters: Four Dialogues on China’s Past, Present, and Future.” They discuss the ongoing influence of ancient Chinese political theory on the contemporary policies of the PRC and its domestic debates.
May 2026: Ask Lawfare Anything
01:00:09|On May 20 at 12 pm ET, Lawfare Editor-in-Chief Benjamin Wittes, Lawfare Senior Editor Roger Parloff and Lawfare Managing Editor Tyler McBrien answered Lawfare material supporter questions on immigration policy, litigation surrounding the mandatory detention policy from the administration, and more. Listen to the webinar, available exclusively for paid supporters.Lawfare Daily: ‘The Warhead’ with Jeffery Stern
38:34|Loren Voss, Senior Editor at Lawfare, sits down with Jeffrey Stern to discuss his new book "The Warhead: The Quest to Build the Perfect Weapon in the Age of Modern Warfare."They talk about the development of the Paveway bomb and the importance of precision weapons to modern warfare. Stern grapples with their complicated effects on warfare, both adding precision to warfare that can reduce civilian casualties but also distancing the human element from killing, allowing force to be used more frequently. They discuss the impact of limited war on implementation of the War Powers Resolution and congressional oversight, and the necessity of understanding that weapons are just one part of a complicated kill chain.Lawfare Daily: The Costs (and Cultural Cachet) of the Cambridge Spies
52:01|Senior Editor Michael Feinberg sits down with Antonia Senior, whose new book on the history of the Cambridge spy ring, “Stalin's Apostles: The Cambridge Five and the Making of the Soviet Empire,” comes out in the United States at end of this month. They talk about the history of the spy ring, how they were recruited, how they were unmasked, and their lasting effect on the culture of espionage.Lawfare Daily: The Trials of the Trump Administration, May 15
01:42:05|In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Anna Bower, Eric Columbus, and Roger Parloff to discuss Judge Boulee denying Fulton County’s motion for the return of the 2020 election ballots seized by the FBI, a judge ordering the National Endowment for Humanities to rescind DOGE-backed cancellation of grants, oral argument in Mark Kelly v. Secretary of Defense Pete Hegseth, 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: How China Might Coerce Taiwan
36:59|From May 15, 2025: For today's episode, Lawfare Foreign Policy Editor Daniel Byman talked with Evan Braden Montgomery and Toshi Yoshihara, both Senior Fellows at the Center for Strategic and Budgetary Assessments, to discuss their recent Lawfare article, "Beijing's Changing Invasion Calculus: How China Might Put Taiwan in its Crosshairs." Together they discuss how China might use a blockade, subversion, and nuclear threats to intimidate Taiwan, the United States, and key regional states like Japan. They also discuss how Taipei and Washington might change their approach to reduce the risk of Taiwanese coercion.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: A Very Special Grand Jury Report
57:22|From January 10, 2023: District Attorney of Fulton County Fani Willis has completed her special grand jury investigation of election tampering in 2020. The special purpose grand jury has completed its report and has been dissolved, and the supervising judge yesterday scheduled a hearing for January 24 to decide whether to make the report public. What will happen next? Will there be indictments? Are they going to wait until after the report comes out, or should we expect them imminently? Should we expect a Trump indictment coming next?To go over it all, Lawfare editor-in-chief Benjamin Wittes sat down with Lawfare contributor Anna Bower, Georgia State University Law Professor Anthony Michael Kreis, and Tamar Hallerman of The Atlanta Journal-Constitution and co-host of the podcast Breakdown, which has followed the special grand jury from the beginning.Lawfare Daily: Corruption, Coverups, and Crisis in Domestic Ukrainian Politics
45:02|Ukraine Fellow Anastasiia Lapatina sits down with Danylo Mokryk, a war crimes investigator at the Kyiv Independent and the author of a YouTube blog about domestic Ukrainian Politics, to talk about the latest corruption saga engulfing the Ukrainian government—and why, despite so many arrows pointing toward Zelensky personally, no one is calling for his removal.