The Lawfare Podcast

In a conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes will sit down with Senior Editors Molly Roberts, Roger Parloff, Anna Bower, and Eric Columbus to discuss the latest litigation over Trump administration policies. Topics include D.C. and Virginia’s suit to block construction of the triumphal arch, the Ahmed Soliman case, the politicization of the Justice Department, election litigation in California and Alaska, Trump’s defamation suit against the Wall Street Journal, and more.

Find Lawfare’s litigation tracker here.

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.

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From November 17, 2022: American democracy might look healthier in light of last week's midterms, but there's still a lot of skepticism across the political spectrum about how it's doing. From the right, would-be authoritarians cast doubt on elections and on the very idea of liberal democracy. But even those who reject this authoritarian impulse are frequently uncomfortable with the messiness of democratic politics, instead preferring an anti-politics of technocratic decision-making.

Jedediah Purdy, a law professor at Duke Law School, wants to defend democracy from its critics and its skeptics. In his new book, “Two Cheers for Politics: Why Democracy Is Flawed, Frightening—and Our Best Hope,” he argues that democratic renewal is both desirable and, most importantly, possible. Lawfare senior editor Alan Rozenshtein sat down with Jed to talk about the book, get his thoughts about the state of American democracy, and chart the path toward a healthier democratic future.

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From November 27, 2024: Molly Reynolds, Senior Fellow at Brookings and Senior Editor at Lawfare, sits down with Mike Stern, a lawyer specializing in congressional legal issues and former Senior Counsel to the U.S. House of Representatives, and Donald Sherman, Executive Director and Chief Counsel at CREW, to discuss the Senate confirmation process and expectations for congressional oversight in the 119th Congress. They discuss the tools available to the Senate now and after the start of the new Congress in January, legal questions related to President-elect Trump’s potential plans for recess appointments, and what issues related to congressional oversight to watch next year.

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In this episode, Lawfare Editor in Chief Benjamin Wittes sits down with Lawfare Public Service Fellow Julia Curlee to discuss her new essay, “The Unhidden Hand.” The essay judges Russia’s 2016 election interference by the standards the intelligence profession uses for covert action.

Covert operations usually pay off early and then fade. They discuss why this one did the opposite: It was exposed before the votes were counted, yet Moscow’s gains have grown over the decade since, largely because of the man Russia helped elect. They also cover the dismantling of U.S. defenses against foreign election interference, the purge of the analysts and investigators who exposed the operation, and what Congress could do to build election defenses that no president can switch off.

For further reading, see:

• Julia Curlee, “The Unhidden Hand,” Lawfare

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This week, Scott sat down with his Lawfare colleagues Managing Editor Tyler McBrien and Senior Editor Eric Columbus; and 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 international news stories, including:

• “The Subpoena Is Coming From Inside the House.” Democrats scored a historic victory in yesterday’s midterm elections, securing control of both the House and Senate by a healthy (but not filibuster-proof) margin that is widely seen as a direct rebuke of the Trump administration. How will a Democratic agenda impact President Trump’s policy agenda over his last two years in office? Which topics are likely to be the clearest targets of oversight and other measures? And how effective are these measures likely to be in pressuring him to change his tack?
• “Lame Duck and Cover.” The most significant issue in this week’s elections was undoubtedly President Trump’s decision to initiate the Iran War, and the subsequent impact it has had on the global economy. Yet Trump and his advisors have not been shy about their intent to escalate the war with Iran once again after the election, and have arguably already done so through a series of secret strikes that only became public the day of the midterm elections. What limits does a Democratic congress put on Trump’s war-fighting capabilities? And how much further will Trump be able to pursue the war now that he will no longer have a compliant Congress?
• “2028 Days Later.” With the midterms over, the race for 2028 is about to begin in earnest. Does this most recent election give any insight into which national security issues are likely to be a major concern in the next presidential race? And what do the dynamics of the midterms tell us about how those issues will shape – and be shaped by – the primaries and general election to follow?

In object lessons, Tyler recommends the new album, "No Bad Memories," by The Avalanches. Ari is blown away by the set design and acting in the stage play, "Stranger Things: The First Shadow." Scott is listening to the new revival of the FiveThirtyEight Politics podcast, called "Still Counting." And Eric has discovered the classical music streaming service IDAGIO.

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For today's podcast, we're bringing you audio from yesterday's livestream event, Lawfare Live: Midterm 2026 Debrief. Editor in Chief Benjamin Wittes was joined by Contributing Editor Molly Reynolds; Public Service Fellow Julia Curlee; and Senior Editors Scott R. Anderson, Eric Columbus, Michael Feinberg, and Loren Voss. They discussed how the new composition of Congress will shape many of the key national security issues we've been tracking, including the appropriations process and presidential war powers. They discussed what tools may be available to exercise oversight and pursue accountability. And they discussed what priorities the new Congress should consider to remedy the Trump Administration's damage to the national security apparatus.

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Katherine Dunn, author of the new book “Little Blue Dot: How GPS Shaped the Modern World,” and a business reporter and editor based in London, joins Lawfare Contributor Justin Sherman to discuss navigation technologies and bombing in World War II, satellites and the Cold War, and the birth and evolution of the U.S. government’s GPS program. They also discuss GPS as a combination of ideas and technologies, how the U.S. defense establishment initially tried to balance tech advancement and security in the GPS capabilities it made public, GPS and navigation in Russia-Ukraine and modern war, and the future of global navigation.

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In this episode, Lawfare’s Ukraine Fellow Anastasiia Lapatina sits down with with Anton Antonenko, the vice president of a Ukrainian energy think tank, DiXi Group, to discuss the energy infrastructure in Kyiv, and why the upcoming winter may be the toughest yet for the Ukrainian capital.

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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In a conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes will sit down with Senior Editors Molly Roberts, Roger Parloff, and Eric Columbus to discuss developments in litigation against Trump administration’s policies, including former FBI Director James Comey being charged for a third time, a judge ruling that Maureen Comey was unlawfully fired as an assistant U.S. attorney, updates in the Kennedy Center litigation, 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.

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From June 12, 2024: Natan Sachs is the Director of the Center for Middle East Policy at the Brookings Institution. He joined Lawfare's Editor in Chief, Benjamin Wittes, to discuss the resignation of Israeli war cabinet member Benny Gantz, the fate of Benjamin Netanyahu's right-wing government, and Israeli perceptions of the Gaza war.

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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