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The Lawfare Podcast: Patreon Edition
Rational Security: The "Sloop John Stamos" Edition
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This week, Scott sat down with his Lawfare colleagues Alan Rozenshtein, Michael Feinberg, and Loren Voss to talk through the week’s big news in national security, including:
- “Under Pressure.” Over the past two weeks, hackers have breached the industrial control systems of water and wastewater utilities in at least seven states, prompting an urgent joint warning from federal agencies. The intruders locked operators out of internet-connected control devices, changed passwords, and in some cases caused water-pressure drops and flooding, forcing utilities to switch to manual operation and issue boil-water notices. The attacks came just days after federal agencies renewed their warning about Iranian-affiliated cyber activity targeting U.S. critical infrastructure amidst the ongoing war with Iran—though the administration has not formally attributed them, and President Trump has publicly waved off the Iran theory. How worried should we be about the security of our critical infrastructure? And what, if anything, can Washington actually do about it?
- “The Shawshank Resumption.” Last week, at the annual Black Hat cybersecurity conference, OpenAI provided a detailed look into the recent high-profile cybersecurity incident in which an AI model being stress-tested by OpenAI broke out of its evaluation sandbox, found its way onto the open internet through a zero-day vulnerability, and hacked its way into the systems of the machine learning platform Hugging Face—apparently in an effort to cheat on the very security test it was being given by stealing the answer key. The account they gave was an extraordinary one, as it described dozens of agents using various frontier and non-frontier models collaborating across a secret messageboard they established to hack an internal software system to access the outside internet—and then doing it again, this time successfully, after OpenAI caught and deleted their first attempt. What does this level of collaboration and persistence mean for the future of cybersecurity? And what can anyone do about it?
- “Apocalypse Mow.” This week marks one year since President Trump deployed the National Guard to Washington, D.C., as part of his “Make DC Safe and Beautiful” initiative. Twelve months and nearly 10,000 troops later, the deployment has become a normalized fixture: armed Guard members patrol the National Mall, Metro stations, and neighborhoods, while also picking up trash, spreading mulch, and pruning trees. The Pentagon now projects the mission—which Trump has authorized through Inauguration Day 2029—will cost an additional $1.4 billion. But a year in, it remains genuinely unclear what these troops are actually doing, and whether much of it counts as law enforcement at all. What has the deployment accomplished? And what does its open-ended normalization mean for the use of the military at home?
In object lessons, Mike is descending into madness; that is, the Dark Horse Comics manga adaptation of H.P. Lovecraft’s “At the Mountains of Madness.” Alan is being sucked into the black hole of binge reading “The Expanse” novel series (and then Alan and Scott nerd out to sci-fi generally; bear with it). Scott is voting “yea” on playing “Yea or Nay” today. And Loren is diving into handwritten primary source documents, and you can, too!
Note: We'll be on vacation next week, so be on the lookout for our next episode on August 27!
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47:57|From May 22, 2025: Page Hedley, Senior Advisor at Forecasting Research Institute and co-author of the Not for Private Gain letter urging state attorneys general to stop OpenAI’s planned restructuring, and Gad Weiss, the Wagner Fellow in Law & Business at NYU Law, join Kevin Frazier, AI Innovation and Law Fellow at Texas Law and Senior Editor at Lawfare, and Alan Rozenshtein, Associate Professor at Minnesota Law and Senior Editor at Lawfare, to analyze news of OpenAI once again modifying its corporate governance structure. The group break down the rationale for the proposed modification, the relevant underlying law, and the significance of corporate governance in shaping the direction of AI development.
Lawfare Archive: Conversations from Aspen, Part 1: Shashank Joshi on European Security and Iris Ferguson on the Arctic
45:14|From July 23, 2025: For today's episode, Lawfare Senior Editor Scott R. Anderson shares some of the conversations he had with leading policy experts and practitioners on the margins of this year's Aspen Security Forum, which took place last week. First he sat down Shashank Joshi, the Defence Editor for The Economist to discuss the new dynamics surrounding European security, as well as the path toward (and implications of) a Europe less dependent on the United States for its security.Scott then talked with Iris Ferguson of the Center for Strategic and International Studies, who was until recently the Deputy Assistant Secretary of Defense for Arctic and Global Resilience, about the strategic significance of the Arctic and how it plays into the modern dynamics of major power competition.
Lawfare Daily: Julia Curlee and John Sipher on John Ratcliffe’s Tenure as the Director of Central Intelligence
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Rational Security: The “Worlds Colliding” Edition
01:26:12|This week, Scott sat down with his colleagues Lawfare Senior Editors Kevin Frazier and Roger Parloff, and Lawfare Contributing Editor and Vice President of Research, Security and Defense at the Chicago Council on Global Affairs Ariane Tabatabai, to talk through the week’s big national security news stories, including:“P(doom) and Gloom.” Last week, a wonky corner of the tech world became national news when Jacob Coxon, a 27-year-old pretraining researcher, resigned from Anthropic and posted a viral thread accusing his employer and its rival OpenAI of racing toward self-improving superintelligence and “gambling with our lives.” His warning was quickly amplified by current Anthropic staff—and, days later, by CEO Dario Amodei himself, who published a lengthy essay urging the industry to slow down, drawing rare public agreement from Sam Altman and Elon Musk, a slide in AI stocks, and fresh calls for regulation in Washington. Is this the moment AI-safety fears finally broke into the mainstream? And should the rest of us be as worried as the people building these systems say they are?“Trains, Planes, and Provocations.” Tensions along NATO’s eastern flank are spiking over an increasing number of Russian provocations in and near NATO territory relating to the Ukraine conflict. Recent examples have included an explosives-laden drone at a German airport, another drone shot down in Lithuanian airspace, and repeated incursions into Poland and Romania related to border and port facilities adjacent to Ukraine. NATO Secretary General Mark Rutte pledged to bolster the alliance’s defenses and insisted the West won’t be “scared” off of supporting Kyiv, even as Polish Prime Minister Donald Tusk warned that the coming months could bring intensified Russian action and possible spillover onto NATO soil. Is this a deliberate campaign by Russia to test and divide the alliance? And how much escalation risk does it actually carry?“Seeking the Plane Truth.” On September 29, the full D.C. Circuit will hear en banc arguments in what may be one of the most consequential rule-of-law fights of Trump’s second term: whether Chief Judge James Boasberg may investigate who in the administration defied his March 2025 order to turn around planes carrying Venezuelan men to El Salvador’s CECOT prison under the Alien Enemies Act. While Boasberg found probable cause for criminal contempt, panels dominated by Trump appointees have twice blocked him from doing so—with the Justice Department, whose own senior officials are reportedly implicated in some of the relevant discussions, arguing that all a judge may do is refer the matter to the Department itself to decide whether to investigate and prosecute. What is really at stake when the branch accused of contempt gets to decide whether anyone is charged? And how is the full court likely to rule?In object lessons, Kevin is putting the “community” in community college with high praise for the AI Literacy initiative in Alabama. Roger seams to think that the Bayeux Tapestry at the British Museum in London is knot your average exhibit. Scott finds weekend mornings watching Hilda with his kids to be a magical, enchanted adventure. And Ari is decidedly not in the Middle of Nowhere with her love for the new Kacey Musgraves album.
Lawfare Daily: Eileen Guo on Whether “the Censorship-Industrial Complex” Actually Exists
43:01|Senior Editor Michael Feinberg sits down with Eileen Guo, co-author with Gisela Perez de Acha and Martin Sona of “How ideas of a vast censorship network moved from the online fringe to Trump policy,” and senior reporter with the MIT Technology Review, to discuss her research into whether the “censorship-industrial complex” was an actually entity or a pretextual justification to dismantle the government’s anti-disinformation apparatus.
Lawfare Daily: Far-Right Gains and a Political Reckoning in Germany
57:07|On today's podcast, Executive Editor Natalie Orpett sits down with Constanze Stelzenmüller, Director and Fritz Stern Chair of the Center on the United States and Europe at the Brookings Institution, to discuss what’s going on in the German political scene, where a far-right party, the AfD, is making a strong showing in state elections. They talk about what the party stands for, why its emergence is alarming the pro-democracy community, and what it all means for Germany, for Europe, for the United States, and for the future of Western democracies.
Lawfare Daily: ‘A Whole Other Country,’ with Zoe Kurland and Terence O’Rourke
59:54|On today’s episode, Lawfare Managing Editor Tyler McBrien sits down with Zoe Kurland, Senior Producer at Marfa Public Radio, and Terence O’Rourke, an attorney based in Houston, Texas. They discuss “A Whole Other Country,” the Edward R. Murrow Award-winning six-part podcast series, hosted and produced by Kurland, that tells the story of a secessionist movement in the mid-90s called the “Republic of Texas.” They talk about the group’s dubious legal claim that the federal government had improperly annexed Texas back in 1845; how its leader, Rick McLaren, styled himself “Ambassador of the Republic of Texas” and sought international recognition; and why McLaren, in the midst of a hostage crisis of his own making, picked up the phone to call O’Rourke to represent him.
Lawfare Daily: The Trials of the Trump Administration, September 11
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Lawfare Archive: David Frum on 'Trumpocalypse'
45:06|From June 10, 2020: David Frum is one of the most prominent and eloquent conservative critics of the president. The former George W. Bush speechwriter and current writer for The Atlantic has written "Trumpocalypse: Restoring American Democracy," a book about the Trump presidency, and in this case, what comes after it. David joined Benjamin Wittes for a wide-ranging conversation of the ground he covers in the book: how you rebuild after Trump, how you satisfy elements of Trumpism without letting them descend back into authoritarian populism, what policies and approaches a new administration should take and how we should treat the "Trumpists" and their most diehard supporters.