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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.lawfaremedia.org.

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

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

The Lawfare Podcast

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.

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.

Rational Security: The “No Banner is Safe” Edition

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.

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: Ancient China and Modern Politics

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. 

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 Warhead’ with Jeffery Stern

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.

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 Costs (and Cultural Cachet) of the Cambridge Spies

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.

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

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

Lawfare Daily: The Trials of the Trump Administration, May 15

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.

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

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

Lawfare Archive: How China Might Coerce Taiwan

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. 

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: A Very Special Grand Jury Report

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.

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: Corruption, Coverups, and Crisis in Domestic Ukrainian Politics

This week, Scott sat down with his Lawfare colleagues Senior Editor Michael Feinberg and Foreign Policy Editor Dana Stuster for a little chat with the guys about the week’s big national security news stories, including:

 • “Minding Your Bs and Ts.” President Trump arrived in China this week alongside top U.S. officials and business executives for a much-anticipated summit with President Xi Jinping. U.S. diplomats hope the summit will revolve around the “five Bs”—meaning U.S. beef, soybeans, Boeing airplanes, and proposed boards for investment and trade—while Chinese officials want to talk about the “three Ts” of Taiwan, technology, and tariffs. What should our expectations be for the summit? And how much will the Iran war loom over the negotiations?
 • “Crude Awakening.” This past week, negotiations between Iran and the United States appeared to reach a standstill, without any movement on reopening the Strait of Hormuz or restoring the flow of oil and other goods that have driven crude oil prices to record highs. As each side seems poised to wait out the other, how long can they last before having to capitulate (or escalate)? And what do these dynamics mean for this war of attrition? 
 • “Cartel Blanche.” On Tuesday, CNN reported that the CIA has been conducting a covert campaign of assassinations in Mexico targeting mid-level members of the country’s drug cartels. Despite these reports—and the Trump administration’s longstanding claims that it is at “war” with the cartels—both the Mexican government and CIA have denied any involvement in these operations. What does this say about the Trump administration’s plans for future counter-narcotics operations? And the broader U.S.-Mexico relationship?

In object lessons, Dana stresses that the key to a successful marriage—at least in his case—is a good microphone. Mike stresses that misery loves company, and despite the possible threat to his own marital bliss, contemplates a date night to AFI Silver’s Bleak Week. And Scott stresses that Lawfare does not exist without the support of listeners like you. Please consider contributing to our spring fundraising drive with a personally meaningful gift at lawfaremedia.org/support.

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.

Rational Security: The "Middle-Aged Dads" Edition

On today’s episode, Lawfare Senior Editor Scott R. Anderson sits down with Rep. Sara Jacobs, who represents California’s 51st congressional district. As a member of the House armed services and foreign affairs committees, Rep. Jacobs has taken a lead role on an array of foreign affairs-related legislation. Before being elected to Congress, she worked for the U.S. Department of State and the United Nations.

Together, Scott and Rep. Jacobs discuss her and her colleagues’ efforts to oppose the Iran war and how she hopes the House will approach the issue in defense-related authorizations and appropriations later this year. From there, they discuss Rep. Jacobs’ work on bipartisan legislation relating to foreign assistance and expeditionary diplomacy. Finally, they step back to consider the role that Congress currently plays in foreign affairs and national security, how that role may change if the House or Senate changes control, and what could help Congress be more effective in the future.

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: Rep. Sara Jacobs (D-CA) on Congress’s Role in Foreign Affairs

In February, the Trump administration launched Operation Epic Fury in Iran—without congressional approval. The War Powers Resolution is supposed to constrain the president's ability to wage war. But is it? 

On today's podcast, Lawfare Executive Editor Natalie Orpett talks with Senior Editor Scott R. Anderson about what that law says, whether it's affecting the administration's conduct, and how—or if—it can be enforced. You can read more of Scott's analysis in Lawfare here: https://www.lawfaremedia.org/article/law-and-the-iran-war--after-the-first-60-days 

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: What the War Powers Resolution Means for Iran

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