The Lawfare Podcast

Lawfare Senior Editor Michael Feinberg and Professor Arne Westad of Yale University, author of “The Coming Storm: Power, Conflict, and Warnings from History,” discuss 19th- and 20th-century power politics, the contemporary rise of China, and how the former can inform reactions to the latter.
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In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Molly Roberts, Anna Bower, and Roger Parloff and Lawfare Associate Editor Katherine Pompilio to discuss Lawfare’s new database which is tracking the non-compliance with court orders by the government, Pam Bondi being fired as attorney general, legal challenges to President Trump’s new elections integrity executive order, 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.

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From March 14, 2025: This episode of the Lawfare Podcast features Glen Weyl, economist and author at Microsoft Research; Jacob Mchangama, Executive Director of the Future of Free Speech Project at Vanderbilt; and Ravi Iyer, Managing Director of the USC Marshall School Neely Center.
Together with Renee DiResta, Associate Research Professor at the McCourt School of Public Policy at Georgetown and Contributing Editor at Lawfare, they talk about design vs moderation. Conversations about the challenges of social media often focus on moderation—what stays up and what comes down. Yet the way a social media platform is built influences everything from what we see, to what is amplified, to what content is created in the first place—as users respond to incentives, nudges, and affordances. Design processes are often invisible or opaque, and users have little power—though new decentralized platforms are changing that. So they talk about designing a prosocial media for the future, and the potential for an online world without Caesars.
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From March 4, 2024: As the 2024 presidential election approaches, a vital question is whether the legal architecture governing the election is well crafted to prevent corruption and abuse. In their new book, “How to Steal a Presidential Election,” Lawrence Lessig and Matthew Seligman argue that despite the Electoral Count Reform Act of 2022, serious abuse of the presidential election rules remains a live possibility. Jack Goldsmith sat down with Lessig to learn why. They discussed the continuing possibility of vice presidential mischief, the complex role of faithless electors, strategic behavior related to recounts, and the threat of rogue governors. They also pondered whether any system of rules can regulate elections in the face of widespread bad faith by the actors involved.
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The Electronic Communications Privacy Act, which is designed to protect users' privacy—including privacy online—turned 40 this year. On March 6, Lawfare hosted an event at Georgetown Law marking the event and featuring panel discussions with the authors of our paper series, Installing Updates to ECPA, in which experts from various disciplines reflected on the law, what’s changed over the last 40 years, and how ECPA should be updated to meet today’s realities. On today's podcast, we're sharing the opening remarks from that event, featuring legendary Supreme Court advocate Michael Dreeban, who argued many of the landmark ECPA cases. He talked about where ECPA came from and how it evolved, how it relates to the 4th Amendment, and where the law stands now. You can watch the entire event and read the paper series on our website here.
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