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The Lawfare Podcast

The Lawfare Institute
The Lawfare Podcast
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  • The Lawfare Podcast

    Lawfare Archive: Accountability for Abu Ghraib

    21/03/2026 | 52 min
    From December 23, 2024: On today's podcast, Lawfare Executive Editor Natalie Orpett talks with Michael Posner, a professor of business and human rights at New York University, about the landmark verdict last month in Al-Shimari v. CACI. The case involved claims against a government contractor for its role in the abuse of prisoners at the Abu Ghraib detention facility in Iraq in 2004. It became the first case of its kind to make it to trial—and now a jury has returned a verdict finding the company liable and imposing $42 million in damages. They discuss how the case will affect private companies, government contractors, and the future of human rights litigation.
    Please note that this episode contains content that some people may find disturbing. 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.
    Support this show http://supporter.acast.com/lawfare.
    Hosted on Acast. See acast.com/privacy for more information.
  • The Lawfare Podcast

    Lawfare Daily: Can the President Declare an Elections Emergency?

    20/03/2026 | 43 min
    A draft executive order has been floating around that would assert presidential control over elections all over the country. Lawfare Editor in Chief Benjamin Wittes sits down with Lawfare Senior Editors Anna Bower and Molly Roberts, authors of the recent Lawfare article, “In Case of Emergency: The Dubious Legality of Trump Allies' Draft EO,” to talk through what it would do, who was behind it, and how seriously we should take it.
    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.
  • The Lawfare Podcast

    Rational Security: The “Take a Light Out of Crime” Edition

    19/03/2026 | 1 h 29 min
    This week, Scott sat down with his Lawfare colleagues Benjamin Wittes, Natalie Orpett, and Ariane Tabatabai to talk through the week’s big news in national security, including:
    “Keeping It On the Strait and Narrow.” Three weeks into the U.S. and Israel’s air campaign against Iran, ship traffic through the critical Strait of Hormuz remains at a virtual stop, sending crude oil prices north of $100 a barrel. Secretary of Defense Pete Hegseth said last week that vessels are safe to sail through the strait, but continued attacks on tankers suggest otherwise. Some neighboring Gulf states, among others, are growing antsy that U.S. strikes won’t go far enough in preventing attacks by Iran. What do we make of these developments, and how will it impact how other countries are navigating the broader conflict?
    “‘Nein’ to Five.” U.S. efforts to secure European support for efforts to reopen the Strait of Hormuz have fallen on deaf ears, with German officials describing it as “not our war” and far outside the obligations imposed by NATO’s Article 5 and other defense commitments. In response, President Trump said that he was “disappointed” in NATO and once again hinted that he might exit it. It’s the latest nadir in a precipitous decline in transatlantic relations over the past three months. How much worse can things get? And what could it mean for the future of the broader alliance?
    “(Un)Lawful Good?” A U.S. strike on what turned out to be an elementary school in southern Iran in the earliest days of the U.S. military campaign there has put a new focus on decisions by Defense Secretary Pete Hegseth to scale back rules and processes meant to reduce harm to civilians in armed conflict. Hegseth has called the rules of engagement “stupid” and has said he wants to give military commanders “maximum authority on the battlefield.” He’s also repeatedly called for “no quarter” in Iran and other contexts—an order that, if taken literally, would itself be a violation of the laws of armed conflict. Exactly how far has Hegseth unraveled the Pentagon’s rules of engagement? And what could the real world consequences be in Iran and elsewhere?
    In object lessons, Natalie (or rather, her son) is cooking up a delicious recommendation for the culinarily curious kid in your life with Raddish Kids (hey there, Raddish Kids, Rational Security is looking for sponsors…). Ari is feasting on (and hoarding) the indigenous Taiwanese pepper, Maqaw. Scott is traveling in style and efficiency with his portable office kit, consisting of his fave iPad case and the Anker Power Bank (while we hate to sound like a broken record, uh, hey there, Anker, Rational Security is looking for sponsors…). And hey there, girlies, Ben is doing Ben things while getting ready for court.
    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.
  • The Lawfare Podcast

    Lawfare Daily: Iran Will Retaliate in the U.S., and We May Not See It in Time

    19/03/2026 | 44 min
    In this episode, Lawfare Public Service Fellow Troy Edwards joins Lawfare Senior Editor Michael Feinberg to discuss Iran’s history of drawing from a robust retaliatory toolkit and international proxy network to extend its reach around the world, including in the United States. Reviewing Iran’s recent attempts at retaliating against the U.S. after the last major escalation in U.S.-Iran tensions—the U.S. drone strike killing IRGC-QF Commander Qassim Soleimani in January 2020—Troy and Mike discuss what Iran could do now after Operation Epic Fury. Only this time, they survey the current administration’s damage done to the national security apparatus that may have us unprepared.
    This episode builds from Troy Edwards’s piece with others that can be found on Lawfare: “Iran Will Retaliate in the U.S. We May Not See It in Time.”
    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.
  • The Lawfare Podcast

    Lawfare Daily: National Security, Counterintelligence, and Counterespionage: A Guide for the Perplexed

    18/03/2026 | 50 min
    In today's episode, Lawfare Senior Editor Michael Feinberg sits down with his former FBI colleague retired Assistant Special Agent in Charge Derek Pieper to discuss the differences between counterintelligence and counterespionage investigations, the skill sets needed for each, and the dangers of politicizing the cases.
    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.

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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.
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