Lawfare is a non-profit multimedia publication dedicated to “Hard National Security Choices.” We provide non-partisan, timely analysis of thorny legal and policy issues through our written, audio, and other content—all of which you can find here. We strive to achieve academic-level depth with magazine-level readability at the pace of news. We aim to improve the discourse on the law and policy of national security with a relentless focus on substantive issues that matter—in a fashion that is useful to policymakers and practitioners, but also accessible to anyone who wants to access it. Our areas of coverage range from national security law, threats to democracy, cybersecurity, executive powers, content moderation, domestic extremism, and foreign policy, among many others.
Lawfare Daily Playlist
Lawfare Daily: The Military Domestic Deployment Legal Framework: Are the Laws Fit for Purpose?
Mirasola clarifies the legal framework and the recent usage of the National Guard in federal and hybrid statuses, and Singh identifies areas where the law appears clear, but operational realities often blur that line. They also trace the expansion of domestic military roles—from COVID response to cyber operations and infrastructure protection—and the evolving public expectations of what the military can do. Mirasola explains what is genuinely new in law, particularly regarding scale and interpretation of authorities. Singh and Mirasola discuss the system’s reliance on norms versus enforceable legal constraints and give advice to those leading troops in future domestic deployments. They conclude by identifying key factors, such as federal versus state roles and possible involvement in elections, that we should all be tracking for the future.
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Lawfare Daily: The Military Domestic Deployment Legal Framework: Are the Laws Fit for Purpose?
Loren Voss, Public Service Fellow at Lawfare, sits down with Maj. Gen. (Ret.) Linda Singh, former Adjutant General of Maryland, and Chris Mirasola, Assistant Professor of Law at the University of Houston Law Center. They examine the legal constraints of the Posse Comitatus Act, the implications of expanding domestic deployments for civil-military relations, and key issues to watch for in future deployments. Mirasola clarifies the legal framework and the recent usage of the National Guard in …
Lawfare Daily: CPPA’s Tom Kemp on Data Brokers, Privacy, and State Enforcement
Tom Kemp, executive director of the California Privacy Protection Agency (CPPA), joins Lawfare’s Justin Sherman to discuss California’s new Delete Request and Opt-out Platform, or DROP system, the data broker industry, and California’s ongoing efforts to ensure residents can effectuate their privacy rights. They also discuss the process and impacts of bringing technologists into public service at privacy and cybersecurity regulatory bodies, inter-state collaboration on data privacy issues, …
Lawfare Daily: The Gulf Widens
As the U.S.-Israel war with Iran continues, it is playing out across the Middle East, particularly in Gulf Arab states and the Strait of Hormuz. In this episode, Lawfare Public Service Fellow Ariane Tabatabai sits down with Elisa Catalano Ewers of the Council on Foreign Relations to talk about Iranian intentions and capabilities, the U.S. response and capability gaps, and how allies and partners are participating. To receive ad-free podcasts, become a Lawfare Material Supporter at …
Lawfare Daily: Can the President Declare an Elections Emergency?
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 …
Lawfare Daily: Iran Will Retaliate in the U.S., and We May Not See It in Time
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 …
Lawfare Daily: National Security, Counterintelligence & Counterespionage: A Guide for the Perplexed
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 …
Lawfare Daily: Inside Iran's Complicated Relationship with Russia
On today’s episode, Lawfare’s Ukraine Fellow Anastasiia Lapatina talks to an expert on Russian foreign policy in the Middle East, Director of the Eurasia Nonproliferation Program at the James Martin Center for Nonproliferation Studies at Middlebury College Hanna Notte, about the relationship between Iran and Russia, and how far their cooperation can go in the context of the U.S.-Israeli war against Iran. To receive ad-free podcasts, become a Lawfare Material Supporter at …
Lawfare Daily: The State of Syria, with Charles Lister
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 …
Lawfare Daily: Matt Olsen Talks Iran, the Justice Department, and FISA 702
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 …
Lawfare Daily: Does the U.S. Have a Drone Defense Problem?
On today’s episode, Lawfare’s Ukraine Fellow Anastasiia Lapatina talks to a missile expert Fabian Hoffman and a 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 …
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