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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.

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The Lawfare Podcast

From July 16, 2024: On July 15, Judge Cannon granted former President Trump’s motion to dismiss the indictment brought by Special Counsel Jack Smith for the alleged mishandling of classified documents. She found that Smith was appointed as a special counsel in violation of the Appointments Clause of the Constitution.

In a live podcast recording, Lawfare Editor-in-Chief Benjamin Wittes talked to Lawfare Executive Editor Natalie Orpett, Legal Fellow and Courts Correspondent Anna Bower, Senior Editors Alan Rozenshtein and Quinta Jurecic, and Columbia Law professor Michel Paradis about Judge Cannon's decision, what Special Counsel Jack Smith may do next, how the Eleventh Circuit may rule on an appeal, how Justice Thomas’s immunity concurrence plays a role, 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.

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Lawfare Archive: Judge Cannon Dismisses Classified Documents Case Against Trump

Kyle Cheney, senior legal affairs reporter for Politico, speaks to Lawfare Senior Editor Roger Parloff about the thousands of habeas corpus cases he has pored through challenging a Trump administration policy requiring mandatory detention for most detained aliens.

They discuss how judges have ruled on these cases, the degree to which those rulings do or don’t correlate with political expectations, the appellate prospects for such cases, and why they haven’t been resolved by class action.

More reading on this topic:

 • "
Hundreds of judges reject Trump’s mandatory detention policy, with no end in sight • ," by Kyle Cheney, Politico (January 5, 2026)
 • "
Judges, inundated with immigration cases, don’t mince words on ICE tactics • ," by Kyle Cheney, Politico (January 26, 2026)
Kyle's thread on Minnesota cases on X
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.

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Lawfare Daily: The Thousands of Lawsuits Challenging Pres. Trump’s Mandatory Alien Detention Policy

This week, Scott sat down with his Lawfare colleagues Alan Rozenshtein, Eric Columbus, and Molly Roberts for a deep dive into two of the week’s big national security news stories:

 • “Slipping Down the Slope.” Last week’s killing of 37-year-old ICU nurse Alex Pretti by Border Patrol agents in Minneapolis, Minnesota, has triggered what increasingly appears to be a national backlash against the Trump administration’s immigration policies and ICE’s violent tactics. Republicans and Democrats alike have been increasingly public in their criticism of the administration’s actions—and, in particular, DHS Secretary Kristi Noem—while state officials have begun exploring more legal avenues for pushing back against federal officials. The Trump administration, meanwhile, may be shifting tack, as it has replaced Border Patrol commander-at-large Greg Bovino with immigration czar Tom Homan on the ground in Minneapolis and adopted a more conciliatory tone. Is this a real turning point for the Trump administration’s flagship policy? Or more of a feint?
 • “Now We’re Just Waiting on Artificial Strength, Dexterity, Wisdom, and Charisma.” Last week, the artificial intelligence company Anthropic released what it’s calling a “constitution” for its premier AI model, Claude. The constitution seeks to instill a moral framework, value system, and even a personality in the AI model, taking an unprecedented step in both private AI governance and AI personhood. How does Claude’s constitution factor into broader discussions about AI development and regulating how models should interact with users?

In object lessons, Eric sticks to classic Rational Security orthodoxy by recommending an actual, physical object: his wife’s beloved migraine-slaying device, The Tingler. Alan flagrantly violates the show’s informal norms with a repeat recommendation—season 2 of The Night Manager (plus some unsolicited fawning over Tom Hiddleston). Scott, desperate for warmth, throws the rulebook into the fire with a double object lesson: 1) Metro’s Fire Snake to satisfy your basic human need for fire, and 2) long underwear to satisfy your base-layer needs. And Molly restores order with a hat that truly captures how we’re all feeling: America is in trouble, and we’re tired.

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.

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Rational Security: The “Pawing at Scott” Edition

The crisis over President Trump's threats to annex Greenland appears to be over for now. But the second- and third-order consequences continue to unfold as NATO allies try to manage their relationship with the United States. In this episode, Lawfare Senior Editor Molly Roberts, Lawfare Public Service Fellow Ariane Tabatabai, and Egmont Institute Visiting Fellow John Drennan give an overview of the crisis and discuss its implications for the United States and NATO, as well as talk though how U.S. adversaries like Russia and China see the family feud.

For more on these topics, see:

 • “
Western Europeans Are Hedging on a Post-U.S. NATO • ,” by Lucas Robinson, 
Lawfare • (June 24,2025)
 • “
Russia and China in the Gray Zone • ,” by Ariane Tabatabai, 
Lawfare • (November 14, 2025)
 • “
America Needs a New Nuclear Nonproliferation Toolkit • ,” by Ariane Tabatabai, 
Lawfare • (January 21, 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.

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Lawfare Daily: Trump, Greenland, and the International Order

Editor in Chief Benjamin Wittes sits down with Princeton PhD candidate Elizabeth Tsurkov to talk about the 903 days that she was held in captivity by Kata'ib Hezbollah, an Iranian-backed militia in Iraq. Tsurkov describes the circumstances of her detention, the realities of life in captivity, and the sociological study she undertook of her captors while imprisoned. Wittes and Tsurkov also explore changes in U.S. hostage policy under the Biden and Trump administrations, as well as how various governments responded to efforts to secure her release. 

For more on Elizabeth’s powerful story, see:

 • “
Held Hostage by Iran’s Militias: Where Are They Now? • ,” a talk by Elizabeth Tsurkov, moderated by Charles Lister and Benjamin Wittes, hosted by the Middle East Institute (January 21, 2026)
 • “
Lawfare Daily: One Year Since the Kidnapping of Elizabeth Tsurkov • ,” Ben’s conversation with Emma Tsurkov about her efforts to seek her sister’s release (March 25, 2024)

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: Elizabeth Tsurkov on Her Captivity in Iraq

Andy Grotto, William J. Perry International Security Fellow and the founder and co-director of the Program on Geopolitics, Technology, and Governance at Stanford University’s Center for International Security and Cooperation (CISAC), and Jim Dempsey, a senior policy adviser to that program and a Lecturer at the UC Berkeley Law School, join Lawfare’s Justin Sherman to discuss their recent study on the U.S. military’s domestic operational technology (OT) cybersecurity vulnerabilities, domestic installations’ dependencies on critical infrastructure both “inside the fence” and “outside the fence,” and how U.S. adversaries could exploit the flaws. They also discuss the myth of the air gap; the Pentagon's Energy Resilience Program; the role that standards, regulations, and procurement could play in strengthening the cybersecurity of OT systems on which the military depends; and what the threat landscape will look like in the coming years.

Resources:

 • James X. Dempsey and Andrew J. Grotto, “
Ensuring the Cyber Resilience of Critical Infrastructure Serving Domestic Military Installations: Questions for Senior Leadership • ,” 
The Cyber Defense Review • 10, no. 2 (2025): 115-138
 • Jim Dempsey and Andrew J. Grotto, “
The Pentagon’s Operational Technology Problem • ,” 
Lawfare • , December 15, 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.

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Lawfare Daily: The Military’s Operational Technology Cyber Vulnerabilities

In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Anna Bower, Roger Parloff, and Eric Columbus and Lawfare Associate Editor Olivia Manes to discuss discussed the FBI searching the home of a Washington Post reporter, the Supreme Court oral arguments in President Trump’s attempt to fire Lisa Cook from the Federal Reserve, the criminal inquiries into Minnesota state officials and protestors, 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.

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Lawfare Daily: The Trials of the Trump Administration, Jan. 23

From December 6, 2024: For today’s podcast, Lawfare General Counsel and Senior Editor Scott R. Anderson sat down with Joel Braunold, Managing Director of the S. Daniel Abraham Center for Middle East Peace, for the latest in their series of podcast conversations on aspects of the Israeli-Palestinian conflict. This time, they focused on what might be one of the most consequential developments in recent memory: Donald Trump’s return to the White House.

They discussed who seems likely to steer policy toward the conflict in the incoming Trump administration, how the approach may differ from Trump’s last stint in the White House, and what it all may mean for Gaza, the West Bank, and the broader region.

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: Joel Braunold on What Donald Trump's Return Might Mean for the Israeli-Palestinian Conflict

From January 15, 2025: In a live conversation on January 14, Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Senior Editor Anna Bower about the confirmation hearing of Pete Hegseth by the Senate Armed Services Committee on his expected nomination to be secretary of defense, the first confirmation hearing for one of President-elect Trump’s cabinet nominations in his second term.

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: Anna Bower on the Confirmation Hearing of Pete Hegseth

Jakub Kraus, a Tarbell Fellow at Lawfare, speaks with Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Research Director at Lawfare, and Kevin Frazier, the AI Innovation and Law Fellow at the University of Texas School of Law, a Senior Fellow at the Abundance Institute, and a Senior Editor at Lawfare, about Anthropic's newly released "constitution" for its AI model, Claude.

The conversation covers the lengthy document's principles and underlying philosophical views, what these reveal about Anthropic's approach to AI development, how market forces are shaping the AI industry, and the weighty question of whether an AI model might ever be a conscious or morally relevant being.

Mentioned in this episode:

 • Kevin Frazier, "
Interpreting Claude's Constitution • ,
" Lawfar • e
 • Alan Rozenshtein, "
The Moral Education of an Alien Mind • ,
" Lawfar • e

Find Scaling Laws on the Lawfare website, and subscribe to never miss an episode.

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.

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Scaling Laws: Rapid Response to the Implications of Claude's New Constitution

As the prospect of broader election reform has grown more remote, bipartisan discussions have increasingly come to center on one long standing law: the Electoral Count Act of 1887. Designed to regulate the process through which Congress counts electoral votes, ambiguities in this antiquated law have been a frequent source of anxiety, most recently in the wake of the 2020 election, when many feared outgoing President Trump would successfully capitalize on them to prevent the certification of his loss. To discuss the Electoral Count Act and its potential reform, Scott R. Anderson sat down with Ned Foley, a professor at The Ohio State University Moritz College of Law and a leading expert in election law. They discussed the ordinance of the act, a recent congressional report outlining possible reforms and what limits the Constitution may put on what reform can accomplish. 

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Ned Foley on Electoral Count Act Reform

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