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The Lawfare Podcast: Patreon Edition
Rational Security: “The Story of Three Warrants” Edition
This week, Scott sat down with his Lawfare colleagues Molly Roberts, Michael Feinberg, and Troy Edwards to talk through the week’s big warrant-related national security news, including:
- “Tulsi Went Down to Georgia, She Was Looking for a Vote to Steal.” This past week, the FBI executed a warrant to search Fulton County’s election center for ballots and equipment related to the 2020 election, with the help of an unlikely senior administration official: Director of National Intelligence Tulsi Gabbard, who was reportedly there in-person at the order of President Trump. Observers are concerned that the search is the beginning of a broader effort to relitigate the 2020 election—especially as Trump calls for Republicans in Congress to “nationalize elections” in advance of the November mid-terms. What do we know about the legal basis for this search? And what does it tell us about what the Trump administration has planned for November?
- “I Hear the Jury’s Still Out on the Fourth Amendment.” Over the past week, whistleblowers have revealed that ICE has issued a series of internal memos to agents advising that they do not need judicial warrants to detain or search the homes of people suspected of being undocumented immigrants. Instead, ICE has attempted to side-step the regular judicial process by suggesting that agents only need an administrative warrant, a controversial move that will almost certainly be challenged in court. What do we think of ICE’s decision to shift to such a legally dubious policy, and where do we expect it to go from here?
- “Ex Post Justification.” Last month, the FBI conducted a search on the home of Washington Post reporter Hannah Natanson as part of an investigation into alleged leaks by a Defense Department contractor. During the search, agents seized Natanson’s personal and professional devices, which drew concern from media outlets and civil liberty groups over potential First Amendment and privacy violations. A magistrate judge has now ordered that the FBI cannot access Natanson’s materials at least for now, while some of these issues are litigated. How should federal law enforcement balance the need to conduct leak investigations with press freedoms? And is this case on the right side of the line?
In object lessons, sometimes all you can do is cry: Molly is remembering better days for the Washington Post and mourning the fall of a once-great paper. Sometimes all you can do is get lost in the music: Mike is celebrating the still-great Miles Davis with the long-awaited release of The Complete Miles Davis Live at the Plugged Nickel 1965 on vinyl. Sometimes all you can do is laugh: Scott is delighting in his former State Department colleague’s new Substack, Ridiculocracy. And sometimes, all you can do is wear something fabulous: Troy is modeling the new wardrobe must-have for the “Government in Exile.”
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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.
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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
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Lawfare Daily: Far-Right Gains and a Political Reckoning in Germany
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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
01:35:03|In a conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Associate Editor Peter Beck and Senior Editors Anna Bower, Eric Columbus, Molly Roberts, and Roger Parloff to discuss an Afghan legal permanent resident deported less than 2 months after case is filed in the Alien Terrorist Removal Court, updates in the Grand Conspiracy, a judge allowing the Pentagon to fire Stars and Stripes journalists, developments in President Trump’s attack on mail voting, litigation over the use of SAVE data for elections, 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: 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.
Lawfare Archive: The Complicated Politics of Ukraine Aid
56:23|From December 11, 2023: The Senate last week failed to move forward the national security supplemental, which includes a large package of aid for Ukraine. The holdup? Migration at the southern border and Republican insistence that the administration and Democrats will have to swallow major policy changes in order to get the Ukraine aid through. Meanwhile, the mood in Kyiv is a little down. The counteroffensive did not go as planned, the U.S. aid situation and the European commitment to Ukraine is alarming, and domestic politics are returning after a hiatus during the first couple years of the war. To chew over the state of Ukraine and its support from the United States, Lawfare Editor-in-Chief Benjamin Wittes sat down with Eric Ciaramella of the Carnegie Endowment for International Peace, a former CIA Ukraine analyst, and Molly Reynolds, Lawfare Senior Editor and Congressional Guru. They talked about the state of the Ukraine aid package in Congress, about whether a deal on the border is possible, about whether such a deal could pass the House, and about Ciaramella's recent trip to Kyiv and the mood there as Congress dithers.