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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 September 26, 2024: Steve Coll’s latest book, “The Achilles Trap: Saddam Hussein, the C.I.A., and the Origins of America’s Invasion of Iraq,” seeks to explain why Saddam Hussein would put his regime at risk over weapons of mass destruction (WMD) that didn’t exist. Saddam ultimately lost his regime, and his life, in part because he saw America as an omniscient puppeteer seeking to dominate the Middle East. The United States put thousands of troops in harm’s way in pursuit of a rogue WMD program that turned out to be a fiction. Were these outcomes inevitable?

Lawfare Student Contributor Preston Marquis sat down with Coll, a Pulitzer Prize-winning journalist and author, to explore this question. “The Achilles Trap” is unique in that it relies on Saddam’s secret tapes and archives to unpack twists and turns in the U.S.-Iraq bilateral relationship dating back to the Cold War. The full review is available on the Lawfare website.

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: Steve Coll on Saddam Hussein and the Limits of American Power in the Middle East

For today’s episode, Lawfare Senior Editor Scott R. Anderson sits down with Charles Lister, a senior fellow at the Middle East Institute and head of its Syria Initiative, to talk about the dramatic developments that have taken place in Syria the past few weeks, which have ultimately led to the impending withdrawal of U.S. troops after more than a decade in country.

Together, they discuss the challenges Syria has faced since the fall of the Assad regime, how the new transitional government in Damascus has managed its relationship with the Syrian Democratic Forces, what the exit of U.S. troops means for efforts to combat the Islamic State terrorist group, and the role the United States has played in it all—and is likely to play moving forward.

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 State of Syria, with Charles Lister

This week, Scott sat down with his Lawfare colleagues Kate Klonick, Molly Roberts, and Troy Edwards to talk through the week’s big national security news stories, including:

 • “MisAnthropic.” On Monday, Anthropic filed a civil complaint in the Northern District of California and a petition for hearing at the Court of Appeals for the D.C. Circuit over the Department of Defense’s designation of the frontier artificial intelligence company as a “supply chain risk.” The litigation capped off weeks of building tensions between Anthropic and Pentagon officials over the firm’s two ethical red lines for the Defense Department and its use of its AI model, Claude, specifically around widespread surveillance of Americans and the use of AI and autonomous weapons. What exactly are the Pentagon’s grounds for designating Anthropic as a supply chain risk, and how does Anthropic argue that doing so is inconsistent with the law? And what might the implications be for the AI industry as a whole?
 • “The Mashhadian Candidate.” Fears that Iran would respond to the ongoing Israeli-U.S. military campaign through overseas terrorism have come to a head this week, as reports emerged that U.S. intelligence had detected an encrypted message being transmitted from Iran that may serve as “an operational trigger” for assets sitting outside of the country. What do we know about Iran’s involvement in past clandestine operations, including terrorism? And what does it mean that this is all happening at a moment when the Justice Department and FBI have lost so many of their experienced national security personnel?
 • “Maricopa-calypse Now.” Federal investigators have ramped up several inquiries that appear to be aimed at longstanding—and, thus far, unsubstantiated—allegations of fraud in the 2020 election that are particularly popular with President Trump and his closest supporters. Last month, FBI agents executed a search warrant on Fulton County’s election office and confiscated ballots and voting equipment used in 2020. Last week, the FBI reportedly subpoenaed records from a conservative Arizona legislator over the state senate’s audit of the 2020 election results in Maricopa County. And days later, the Department of Homeland Security’s Homeland Security Investigations office (or HSI) requested records from Arizona state officials regarding their own investigations into alleged 2020 malfeasance. What should we make of these developments? And at what point should we be concerned about the federal government's engagement in these sorts of matters in advance of the upcoming 2026 midterms?

This week’s object lessons are all-consuming. Kate is celebrating online legal analysis by drinking from her Balkinization mug. Troy is lamenting yet another slate of firings at the FBI by drinking from his EX FED mug. Scott, finding himself with unexpected free time at Union Station, devoured Barbara Tuchman’s “A Distant Mirror: The Calamitous 14th Century.” And Molly introduces us to the texturally triggering cherimoya. 

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 “Stop Cap” Edition

Former Assistant Attorney General for National Security Matt Olsen joins Lawfare Editor in Chief Benjamin Wittes to discuss the terrorist threat from Iran, the shocking lack of preparedness for Iranian malign activity at both the FBI and the National Security Division, and the pending lapse of the FISA 702 program.

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: Matt Olsen Talks Iran, the Justice Department, and FISA 702

On today’s episode, Lawfare’s Ukraine Fellow Anastasiia Lapatina talks to Fabian Hoffman, a missile expert and author of Missile Matters, and senior Ukrainian drone instructor Pavlo Litovkin about Iran’s shahed drones and what lessons the United States and its allies can learn from Ukraine as they rethink their air defense amidst the war with Iran.

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: Does the U.S. Have a Drone Defense Problem?

Seamus Hughes, a senior research faculty member at the University of Nebraska-Omaha’s National Counterterrorism Innovation, Technology, and Education Center and a contributing editor at Lawfare, and Jacob Ware, the author of “God, Guns, and Sedition” and a recent Lawfare foreign policy essay on nihilistic violent extremism (NVE), join Lawfare Associate Editor Peter Beck to discuss the FBI’s new NVE classification, the online terror group 764, challenges counterterrorism professionals face with a younger set of aspiring terrorists, and more.

Content Warning: This episode contains discussions of sexual violence and acts of violent extremism, including against children. Listener discretion is advised.

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: “I’m angry that I exist”: Nihilistic Violent Extremism with Seamus Hughes and Jacob Ware

In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Roger Parloff, Molly Roberts, and Alan Rozenshtein, and Lawfare Public Service Fellow Troy Edwards to discuss the lawsuit challenges the deal for TikTok to be sold to American investors, updates in the litigation over the FBI seizing ballots from Fulton County, contempt hearings against the government in Minnesota, 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, March 6

From January 11, 2020: As part of Lawfare's continuing coverage of the killing of Iranian Quds Force leader Qassem Soleimani, we are bringing you an edited version of the latest episode of the National Security Law Podcast, in which Bobby Chesney and Steve Vladeck discuss the legality of the strike and what this means for the future of U.S.-Iranian relations. We edited the podcast down solely to focus solely on the discussion of Soleimani.

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: The National Security Law Podcast Guys Talk Soleimani

From October 2, 2024: Israel has hit Hezbollah very hard over the past few days, killing much of its senior leadership and eroding its capabilities. It has also displaced hundreds of thousands of Lebanese and now has ground forces in Lebanon. Iran has responded with a missile barrage against Israel, to which an Israeli response is widely expected. To discuss the latest events in the expanding war, Lawfare's Editor-in-Chief Benjamin Wittes sat down with Firas Maksad of the Middle East Institute, Natan Sachs of the Brookings Institution, and Lawfare Senior Editor Scott R. Anderson.

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: Hezbollah, Lebanon, Israel, Iran

Alan Rozenshtein, research director at Lawfare, spoke with Cullen O'Keefe, research director at the Institute for Law & AI, and Kevin Frazier, AI Innovation and Law Fellow at the University of Texas at Austin School of Law and senior editor at Lawfare, about their paper, "Automated Compliance and the Regulation of AI" (and associated Lawfare article), which argues that AI systems can automate many regulatory compliance tasks, loosening the trade-off between safety and innovation in AI policy.

The conversation covered the disproportionate burden of compliance costs on startups versus large firms; the limitations of compute thresholds as a proxy for targeting AI regulation; how AI can automate tasks like transparency reporting, model evaluations, and incident disclosure; the Goodhart's Law objection to automated compliance; the paper's proposal for "automatability triggers" that condition regulation on the availability of cheap compliance tools; analogies to sunrise clauses in other areas of law; incentive problems in developing compliance-automating AI; the speculative future of automated compliance meeting automated governance; and how co-authoring the paper shifted each author's views on the AI regulation debate.

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.

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

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Scaling Laws: Can AI Make AI Regulation Cheaper?, with Cullen O'Keefe and Kevin Frazier

For the last several days, Lawfare senior editor Roger Parloff has been in court covering the Proud Boys trial on a live blog on Lawfare. The trial took a two-day break the other day, so Lawfare editor-in-chief Benjamin Wittes sat down with Roger to catch up on what is proving to be a grueling presentation of evidence. They talked about how the government has been doing in presenting its case against Enrique Tarrio and the other Proud Boys, where the defense has scored points, what evidence is left still to present, and how long this trial is likely to go.

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Roger Parloff with a Proud Boys Trial Update

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