The Lawfare Podcast

From May 27, 2025: John Keller, now a partner at Walden, Macht, Haran, & Williams, channeled his experience as the former Chief of the Public Integrity Section at the Department of Justice to discuss three recent developments with James Pearce, Lawfare Legal Fellow. They discussed proposed changes to the Public Integrity Section that could hamper the Justice Department’s ability to investigate and prosecute corruption matters in a fair and impartial matter.
Keller weighed in on whether the Justice Department has a viable prosecution theory for criminal threats or incitement in the case of former FBI Director, Jim Comey. And they discussed criminal contempt: what it is, how it differs from civil contempt, the recent criminal contempt probable-cause finding by Judge Boasberg in an Alien Enemies Act case in the District of Columbia, and whether the federal rule permitting appointment of a special prosecutor outside the Justice Department may pose constitutional separation-of-powers concerns.
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Ukraine Fellow Anastasiia Lapatina sits down with Jimmy Rushton, a Kyiv-based journalist and security analyst who recently published, “How Ukraine gained the upper hand in the drone war against Russia,” in the Kyiv Independent. They talk about how the balance of power in the drone war seems to have shifted in Ukraine’s favor, Russia's latest missile strike on Kyiv, and what it all means for Russia’s broader strategic position in its war against Ukraine.
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This week, Scott sat down with his Lawfare colleagues Anna Bower and Eric Columbus, and his Brookings colleague Molly Reynolds, to talk through a couple of the week’s big news stories in domestic politics, including:
“The Grift That Keeps On Giving.” Last week, the Justice Department announced the creation of a so-called Anti-Weaponization Fund of nearly 1.8 billion taxpayer dollars, from which purported victims of politically motivated prosecutions can apply to receive payments. The fund was created as part of a settlement with President Trump and his sons, who sued the IRS for 10 billion dollars over the leak of his tax returns. So far, pardoned Jan. 6 rioters, former Congressman George Santos, Trump’s ex attorney Michael Cohen, and even former FBI Director James Comey have all said that they are considering applying, and three lawsuits have already been filed challenging the fund. How did Trump’s lawsuit against the IRS lead to this fund? And how do we see these legal challenges playing out in court?
“Lame Duck Around and Find Out.” President Trump’s preferred primary picks have cruised to victories in Indiana, Kentucky, Louisiana, and Georgia Republican primaries, ousting incumbents Senator Bill Cassidy and Representative Thomas Massie as some of the few voices of dissent within the Republican Party. But Trump’s involvement in the primaries has come at a political cost, with outgoing members voicing their criticism and even going so far as to buck the president on legislation. Last week, Cassidy flipped his vote in favor of a critical war powers resolution in the Senate, which could undermine the administration’s legal justification for the war. With such close margins in Congress, how do we expect this new YOLO faction to impact the president’s agenda before the midterms?
While we introduced a third topic, we frankly ran out of time this week. Sorry about that! We’ll circle back to it in the weeks ahead.
In object lessons, Molly is hooked on the fish-focused local NPR podcast, “Catching The Codfather.” Eric is looking to catch a killer with the latest Hugh Jackman movie (which he thinks is shear perfection). Scott is caught up in the latest “Storm,” featuring Yung Lean. And Anna has caught basketball fever, both with the Knicks’ return to the NBA Finals, and also with the (much-more-affordable-but-equally-entertaining) NY Liberty.
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Sean Wiswesser, author of the new book, “Tradecraft, Tactics, and Dirty Tricks: Russian Intelligence and Putin’s Secret War,” and a former senior operations officer with the CIA, joins Lawfare’s Justin Sherman to discuss the major Russian security organs and their training, characteristics of Russian “sticks-and-bricks” surveillance and counter-surveillance tradecraft, and the Russians’ use of coercion, kompromat, and sex (often dubbed “sexpionage”) to recruit and pressure people. They also discuss corruption in the Russian intelligence services, illegals and assassination programs, brazenness and sloppiness in Russian operations, and the future of the Russian intelligence threat to the United States and the West.
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Senior Editor Michael Feinberg sits down with Sophia Yan, a senior foreign correspondent with The Telegraph, to discuss her time reporting on the Chinese government, and how it leveraged its security services to investigate her in turn. Sophia recently wrote in-depth about this experience in “The secret Chinese surveillance programme tracking people like me,” in The Telegraph.
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