Lawfare Daily: The Trials of the Trump Administration, Feb. 6

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. 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.

This week, Scott sat down with his Lawfare colleagues Senior Editors Anna Bower, Kevin Frazier, and Kate Klonick to talk through the week’s big news in national security, including:“The X Post Facto Rule.” The Justice Department and lawyers representing Anthropic faced off last week in a Northern California courtroom over whether Defense Secretary Pete Hegseth’s X post and som related communications amounted to an official order and if the Pentagon’s supply chain risk designation retaliated against the company’s First Amendment-protected views, among other issues. On March 26, Judge Rita Lin, in that case, stayed the supply chain risk designation, ruling that the Pentagon had, in fact, retaliated unlawfully against Anthropic. We’re also waiting for another related decision from a D.C. Circuit panel, expected to come down any time now. What should we make of Judge Lin’s ruling, and do we expect the D.C. Circuit to follow suit? And what does it all mean for AI companies and their relationship with the government?“Strait Outta Options.” Oil, gas, helium, pharmaceuticals, and fertilizer—the ongoing conflict with Iran has upended global supply chains, with the Strait of Hormuz remaining closed as critical infrastructure in neighboring Gulf states faces Iranian attacks. The U.S. has started to feel the first of its effects through rising costs and a trepidatious stock market, reminiscent of the supply chain shortages felt during the coronavirus pandemic. It's unclear how severe and how long they will last, but what could be some of the national security and political implications if the supply chain shocks continue? And what does it mean for the trajectory of the Iran conflict?“Space: The Financial Frontier.” NASA astronauts launched this week on the Artemis II mission, the first crewed mission to orbit the moon in more than half a century. It’s the biggest step to date in the new emerging space race, most specifically with China—one driven predominantly by private actors, the biggest of whom, SpaceX, is preparing to make an unprecedentedly large initial public offering in coming weeks. How should we feel about this new, very different space race compared to past ones? And what might it mean, both for good and ill? In object lessons, Kate looks forward to filling the pages of her new notebook and ponders if she has so much to say that she’ll need another one. Anna wants immunity from ridicule for her love of Survivor. Scott is impatiently waiting for his chance to binge all of the new season of For All Mankind. And Kevin applauds boring AI—that is, using new technology to ease enduring human challenges. 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.

In this episode, Ariane Tabatabai sits down with historian, John Ghazvinian, the author of, “America and Iran: A History, 1720 to the Present,” to discuss U.S.-Iran relations. They take a step back from the current conflict to talk about the key events that have shaped the relationship between the two countries and their perceptions of one another. 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.

For today’s episode, Lawfare Senior Editor Scott R. Anderson sits down with Joel Braunold, the Managing Director of the Center Project, for the latest in their regular series on recent developments in the Israeli-Palestinian conflict.Together, they dig deep into the spike in violence against Palestinians in the West Bank, Israel’s new military offensive in southern Lebanon, how they both relate to the ongoing conflicts in Gaza and Iran, and what Israel’s expanding range of hostilities may mean for the Israeli parliamentary elections scheduled for later this year.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.

In this episode, Lawfare Contributing Editor Renée DiResta speaks with Nathaniel Lubin, co-author of “How Social Media Creators Shape Mass Politics,” and Philine Widmer, co-author of a recent Nature paper, “The Political Effects of X’s Feed Algorithm.” Together, they discuss two different layers of online influence—a platform’s algorithms and the trusted voices inside it—and their implications for mass politics.The conversation explores what happens when recommendation systems shape what people see, and what happens when creators shape how people interpret it. They discuss whether algorithms move political attitudes by shifting exposure and salience, whether creators are persuasive because audiences trust them, and what these findings suggest about political influence in an environment increasingly organized by feeds, rankings, and parasocial relationships.Additional reading: “Twitter Is Not Real Life,” by Lakshya Jain in The Argument, February 5, 2026“X Really Is Pulling Users to the Right,” by John Herrman in Intelligencer, February 21, 2026To 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.

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, discuss a judge granting a preliminary injunction in Anthropic’s suit challenging its supply chain designation, a Friday morning hearing in Fulton County’s suit over the federal government seizing ballots from 2020, a new push from the Trump administration to investigate New York AG Letitia James, 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. Hosted on Acast. See acast.com/privacy for more information.

From March 25, 2025: Tom Kent ran Radio Free Europe/Radio Liberty and is a longtime Russia watcher. He talks to Lawfare Editor-in-Chief Benjamin Wittes about President Trump’s executive order dismantling Voice of America and Radio Free Europe.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-institutSupport this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From March 19, 2025: For today's episode, Lawfare Foreign Policy Editor Daniel Byman interviewed Steven Heydemann, the Director of the Middle East Studies Program at Smith College, to assess the fast-changing developments in Syria today. Heydemann discusses the surge in communal violence in Syria, the deal between the new Hayat Tahrir al-Sham-led government and Syria's Kurds, Israel's counterproductive interventions, and U.S. policy toward the new regime in Damascus. 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.

On today's episode, Lawfare Senior Editor Scott R. Anderson sits down with two veterans of the intelligence community to get their take on the ongoing Iran conflict.Before leaving government last year, Aaron Faust was a senior official in the U.S. Department of State's Bureau of Intelligence and Research (INR), where he had previously served as Division Chief for Iran, Iraq, and the Arabian Peninsula. William "Chip" Usher, meanwhile, is the Senior Director for Intelligence at the Special Competitiveness Studies Project and a professor of practice at the Bush School of Government and Public Service at Texas A&M University. He previously spent 32 years with the Central Intelligence Agency (CIA), much of it focused on the Middle East.Together, Scott, Aaron, and Chip discuss the national security threats that Iran presents, the challenges that large-scale military operations against Iran were expected to present, and where the Trump administration—and Iran—may take the conflict from here.For more of Chip's analysis, read his newsletter "Fault Lines" and check out his podcast, "Intel at the Edge.” You can also find Aaron's satirical takes on current affairs on his Substack, Ridiculocracy.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.

This week, Scott sat down with his Lawfare colleagues Molly Roberts, Tyler McBrien, and Renée DiResta to talk through the week’s big national security news stories, including:“The Meta-verse of Madness.” On Tuesday, a New Mexico jury reached a $375 million verdict against Meta after a seven-week trial that focused on whether the social media company knowingly harmed children’s mental health and facilitated child sexual exploitation through its algorithms. And just before recording, another verdict came down in a jury trial in California about whether Facebook and YouTube are too addictive in a way that harms an individual plaintiff in that case. Several other similar civil cases are set to go to trial in the coming months. What do we make of these verdicts, and do they signal a turning tide against social media companies for the algorithms that make them both profitable and (potentially) addictive?“SAVE-ing Face.” President Trump and Republican congressional leaders went back and forth this week over a deal that would put forward a bill to fund the Department of Homeland Security, or at least less controversial parts of it, despite Trump’s threats not to sign any pieces of legislation until Congress passes his SAVE America Act. Trump views the SAVE America Act as vindication for his criticisms of the 2020 Election, but Republicans in the Senate have hedged and resisted his calls to blow up the filibuster in order to pass it. Instead, they now appear to have a deal in place that will allow less controversial parts of the funding for DHS to go forward—and for the funding for the most controversial parts, particularly ICE and removal operations, to go forward through reconciliation on what is likely to be a party line vote, along with select chunks of that SAVE America Act. Why is Trump so determined to pass the SAVE America Act? And what does the compromise he now appears to have reached with Senate Republicans mean for its future?“Poly Wants a Crack-up.” Flight monitors, pizza place trackers, and Google Earth—the past few years have brought open source intelligence, better known as “OSINT,” into vogue. Accounts on X have racked up millions of followers by “monitoring the situation” for news events spanning from Russia’s invasion of Ukraine to natural disasters. But this explosion of OSINT accounts has brought a wave of disinformation, and coincides with the growth of online prediction markets, such as Polymarket and Kalshi, whose bettors use OSINT to gain an advantage — and, at times, to manipulate the results. How has OSINT contributed to the online media landscape? And how has it hurt it?In object lessons, Tyler engages in some classic log-rolling with a recommendation of the new podcast, “Who Blew Up the Guidestones?” Molly digs even deeper into her collection of curiosities to find her vintage “Nuke ‘Em ’Til They Glow” hat. Scott expertly sidesteps sports gambling issues by distracting us with delicious baked good from Seylou. And Renée survives a demanding travel schedule by drinking a brandy Old Fashioned and brushing up on her knowledge of K-pop.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.