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The Lawfare Institute

The Lawfare Podcast features discussions with experts, policymakers, and opinion leaders at the nexus of national security, law, and policy. On issues from foreign policy, homeland security, intelligence, and cybersecurity to governance and law, we have doubled down on seriousness at a time when others are running away from it. Visit us at www.lawfareblog.com.

Support this show http://supporter.acast.com/lawfare.

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The Lawfare Podcast

From September 30, 2024: New York Mayor Eric Adams is facing indictment in connection with a foreign influence scheme involving Turkey. It’s the latest in a long string of actions by the Justice Department to counter foreign efforts to interfere in the American political system. Lawfare Editor-in-Chief Benjamin Wittes sat down with Managing Editor Tyler McBrien, Senior Editor Quinta Jurecic, and Contributing Editor Brandon Van Grack to discuss the charges against Adams and the larger pattern of which they are a part.

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.

Support this show http://supporter.acast.com/lawfare.

 Hosted on Acast. See acast.com/privacy for more information.

Lawfare Archive: Mayor Adams, the Feds, and a Whole Lot of Foreign Money

Today's Lawfare Daily is Lawfare's annual "Ask Us Anything" mailbag episode where Lawfare contributors answered listener-submitted questions.

Scott R. Anderson, Natalie Orpett, Benjamin Wittes, Kevin Frazier, Eric Columbus, Loren Voss, Molly Roberts, Jakub Kraus, Anna Bower, and Roger Parloff address questions on everything from presidential immunity to AI regulations to the domestic deployment of the military.

Thank you for your questions. And as always, thank you for listening.

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.

Support this show http://supporter.acast.com/lawfare.

 Hosted on Acast. See acast.com/privacy for more information.

Lawfare Daily: Ask Us Anything About 2025

From April 16, 2024: Friday morning, the House of Representatives suddenly—after failing to do so earlier in the week—took up the reauthorization of FISA 702. They considered a bunch of amendments, one of which failed on a tie vote, and then proceeded to pass reauthorization of 702. 

Immediately after the votes, Lawfare Editor-in-Chief Benjamin Wittes spoke with Lawfare Senior Editors Stephanie Pell and Molly Reynolds, and Lawfare Student Contributor Preston Marquis. They talked about how the center beat the coalition of the left and right on the key question of warrant requirements for U.S. person queries, about whether the civil liberties community gained anything in this protracted process or whether the administration just kicked its butt, about what happens now as the bill goes back to the Senate, and about all the little details that went into this bill. 

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.

Support this show http://supporter.acast.com/lawfare.

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Lawfare Archive: FISA 702 Passes the House

From April 4, 2023: Russia’s invasion of Ukraine has tested the international legal order like never before. For many, the fact that a nuclear power and member of the U.N. Security Council would commit unveiled aggression against another state seemed like it might be the death knell of the international system as we know it. 

But last week, in the annual Breyer Lecture on International Law at the Brookings Institution, Oona Hathaway, the Gerard C. and Bernice Latrobe Professor of International Law at Yale Law School, argued that international law and institutions responded more robustly than many initially anticipated—and may yet emerge from the Ukraine conflict stronger than before.

In this episode, we are bringing you the audio of Professor Hathaway’s lecture, followed by a question and answer session with Constanze Stelzenmüller, the Director of the Center on the United States and Europe and the inaugural holder of the Fritz Stern Chair on Germany and trans-Atlantic Relations at the Brookings Institution. Lawfare Senior Editor Scott R. Anderson then moderated a panel discussion that included Professor Hathaway, as well as Professor Rosa Brooks of Georgetown University Law Center; Karin Landgren, the Executive Director of Security Council Report; and Ambassador Martin Kimani, Kenya’s Permanent Representative to the United Nations. 

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.

Support this show http://supporter.acast.com/lawfare.

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Lawfare Archive: Russia’s Aggression Against Ukraine and the International Legal Order

For the podcast’s annual end-of-year episode, Scott sat down with co-host emeritus Benjamin Wittes, Senior Editor Anna Bower, and Managing Editor Tyler McBrien to talk over listener-submitted topics and object lessons, including:

 • Which sphere of influence is Western Europe in today?
 • What should we make of President Trump's lawsuit against BBC?
 • After nearly a year of the Trump Administration, how do you view the record of Attorney General Merrick Garland?
 • What does the military campaign against alleged narcotics traffickers tell us about checks and balances within the U.S. system around the use of military force (or lack thereof)?
 • With the escalating rhetoric in the Caribbean, what lessons should we be keeping in mind from the lead-up to the Iraq War?
 • What can be done to reverse Americans' tolerance for the slide towards illiberal democracy?
 • And importantly, is Ben's martial arts challenge to Putin still on?

For object lessons, our listeners really came through! Blake recommends a couple of coffee table books right up Tyler’s alley: “Building Stories” by Alastair Philip Wiper and "Closure: The Final Days of the Waterford Bicycle Factory" by Tucker and Anna Schwinn. Keenan points out a good companion listen to this podcast in NPR’s Sources and Methods. Liz really embraces the variety show that is “object lessons,” introducing us to Danylo Yavhusishyn—a.k.a., Aonishiki—a Ukrainian-born sumo wrestler, hyping Clair Obscur: Expedition 33 as her Game of the Year, waxing poetic about The Sun Eater book series, and log-rolling her work on the Final Fantasy TCG. Speaking of variety shows, Lisa spotlights the Live from New York: The Lorne Michaels Collection exhibition at UT Austin’s Harry Ransom Center. And Riley asks the crew about their top fiction recommendations for 2026. Tune in to find out what they are!

And thank goodness, that’s it for 2025! But don’t worry, Rational Security and the whole Lawfare team will be back with you in the new year to help make sense of what’s to come in national security in 2026!

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.

Support this show http://supporter.acast.com/lawfare.

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Rational Security: The “Inadequate Chicken Moved to Inferior Location” Special End-of-Year Edition

Senior Editor Michael Feinberg and Tom Brzozowski, formerly of the Justice Department, sit down to talk over recent changes set in motion by the White House and Justice Department with respect to domestic terrorism investigations and prosecutions, and sound a warning from history at how these changes hearken back to pre-Church Committee practices.

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.

Support this show http://supporter.acast.com/lawfare.

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Lawfare Daily: Tom Brzozowski on Domestic Terrorism Investigations and Prosecutions

In this episode, Ariane Tabatabai, Scott R. Anderson, and Loren Voss discuss the National Defense Authorization Act (NDAA) for Fiscal Year 2026. They take stock of how Congress is reasserting itself vis-a-vis the Trump administration on matters related to the national defense, as well as the NDAA’s key provisions. 

Relevant links:

National Defense Authorization Act for Fiscal Year 2026United States Senate Committee on Armed Services Executive Summary of the 2026 NDAA • “
Senate passes defense bill that defies Trump and forces sharing of boat strike videos • ,” by Connor O’Brien on Politico, December 17, 2025
 • “
Inside Trump’s Second-Term National Security Strategy • ,” by Loren Voss on 
Lawfare • , December 19, 2025

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.

Support this show http://supporter.acast.com/lawfare.

 Hosted on Acast. See acast.com/privacy for more information.

Lawfare Daily: The 2026 National Defense Authorization Act

From March 6, 2024: Executive branch constraints and the posture of the media have shifted in significant ways over the past two decades. Lyrissa Lidsky and Christina Koningisor, law professors at the University of Florida and the University of California San Francisco, respectively, argue in a forthcoming law review article that these changes—including the erosion of certain post-Watergate reforms and the decline of local news—have created a First Amendment disequilibrium. They contend that the twin assumptions of the press’s power to extract information and check government authority on the one hand, and the limitations on executive branch power on the other, that undergird First Amendment jurisprudence no longer hold, leaving the press at a significant First Amendment disadvantage. 

Lawfare Research Fellow Matt Gluck spoke with Lidsky and Koningisor about the current state of First Amendment jurisprudence, the ways in which the press used to be stronger, executive branch power on the federal and state levels, how the authors think our current First Amendment architecture should change, and more.

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.

Support this show http://supporter.acast.com/lawfare.

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Lawfare Archive: Lidsky and Koningisor on First Amendment Disequilibrium

From January 2, 2025: You called in with your questions, and Lawfare contributors have answers! Benjamin Wittes, Kevin Frazier, Quinta Jurecic, Eugenia Lostri, Alan Rozenshtein, Scott R. Anderson, Natalie Orpett, Amelia Wilson, Anna Bower, and Roger Parloff addressed questions on everything from presidential pardons to the risks of AI to the domestic deployment of the military.

Thank you for your questions. And as always, thank you for listening.

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.

Support this show http://supporter.acast.com/lawfare.

 Hosted on Acast. See acast.com/privacy for more information.

Lawfare Archive: Ask Us Anything About 2024

Every year, Lawfare publishes a retrospective of the year that passed. Today, we’re pleased to bring you an audio debrief of that article, The Year That Was: 2025, which you can read in full on our website starting December 31.

Lawfare is focused on producing timely, rigorous, and non-partisan analysis of “hard national security choices.” And this year, that work was—to use an expression as tired as we are—like drinking from a firehose. We did our best to keep up. We published more than 1,000 articles, podcasts, videos, research papers, and primary source documents. We did livestream round-ups and rapid-response videos. We produced five different podcasts and an investigative video series. We built data visualizations and trackers to make sense of complicated unfolding events. You can find all that and more for free on our website, lawfaremedia.org.

It’s impossible to capture everything that happened in 2025 in the world of national security. But here’s what stood out to the Lawfare team—and what they have to say about. In this episode, you’ll hear from Executive Editor Natalie Orpett on Lawfare’s work in 2025 and from Editor in Chief Benjamin Wittes on The Situation. You’ll hear from Senior Editors Anna Bower on DOGE, Roger Parloff on the Alien Enemies Act, Molly Roberts on politicization of the Justice Department, Eric Columbus on impoundments, Scott R. Anderson on war powers, and Kevin Frazier on AI and the states. You’ll hear from Public Interest Fellows Loren Voss on domestic deployments of the military, and Ariane Tabatabai on foreign policy. You’ll hear from our Managing Editor, Tyler McBrien, on our narrative podcast series, Escalation. You’ll hear from Associate Editors Katherine Pompilio on the Jan. 6 pardons and Olivia Manes on rolling back internal checks at the Justice Department. You’ll hear from our Fellow Jakub Kraus on AI, and you’ll hear from Contributing Editor Renée DiResta on election integrity capacity.

And that’s just a sampling of Lawfare’s work.

It’s The Year That Was: 2025. We’ll see you next year.

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.

Support this show http://supporter.acast.com/lawfare.

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Lawfare Daily: The Year That Was: 2025

Rear Admiral (Ret.) Mark Montgomery is the Senior Director of the Center on Cyber and Technology Innovation at the Foundation for Defense of Democracies. He spent 32 years in the Navy as a nuclear-trained surface warfare officer, retiring as a rear admiral in 2017. After leaving the Navy, Admiral Montgomery worked as policy director for the Senate Armed Services Committee during Senator John McCain's chairmanship, and as Executive Director of the Cyberspace Solarium Commission, a congressionally created commission directed to “develop a consensus on a strategic approach to defending the United States in cyberspace against cyber attacks of significant consequences.” 

In this episode, Lawfare Book Review Editor Jonathan Cedarbaum sits down with Admiral Montgomery to discuss the fifth annual implementation report prepared by the Cyberspace Solarium Commission 2.0, which assesses how the federal government has done over the last year in implementing the Solarium Commission's recommendations for strengthening the United States' cybersecurity posture. The report, whose lead author was Admiral Montgomery, concludes that "[o]ur nation’s ability to protect itself and its allies from cyber threats is stalling and, in several areas, slipping." 

They discuss the scope and impacts of the Trump administration funding and staffing cuts in leading agencies responsible for cybersecurity; the weakening of public-private collaboration, including the closing of the Critical Infrastructure Partnership Advisory Council; and the weakening of recruitment efforts to build the cyber workforce the country needs.

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.

Support this show http://supporter.acast.com/lawfare.

 Hosted on Acast. See acast.com/privacy for more information.

Lawfare Daily: Grading the Trump Administration's Cybersecurity Efforts, with Rear Admiral (Ret.) Mark Montgomery

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