The Lawfare Podcast: Lawfare Daily – "The Year That Was: 2025"

Date: December 26, 2025

Host: Lawfare Editors and Contributors

Overview

This special episode of The Lawfare Podcast offers a comprehensive year-in-review of 2025, marking a turbulent and transformative year at the intersection of national security, law, and policy under President Trump’s second term. Lawfare’s editors and fellows deliver insights from their respective areas, unpacking unprecedented changes in federal bureaucracy, executive power, the justice system, military deployments, foreign policy, AI governance, and the erosion of democratic norms.

Key Discussion Points and Insights

I. Lawfare’s Coverage and Approach in 2025

Natalie Orpet, Executive Editor
Timestamp: 02:47

• Lawfare produced over a thousand pieces of content: articles, podcasts, videos, research, and live streams.
• Launched new resources for readers to track legal challenges and rapid policy changes: litigation roundups, Domestic Deployment Tracker, Alien Enemies Act Tracker, and more.
• 2025 described as "drinking from a firehose" due to the sheer volume and gravity of legal, policy, and security upheavals.

“It was a lot like drinking from a fire hose. We did our best to keep up.” — Natalie Orpet (03:26)

II. Executive Power & Federal Agencies: The DOGE Affair

Anna Bauer, Senior Editor
Timestamp: 04:20

• President Trump rebranded the U.S. Digital Services as "DOGE" in January, leading to:
  • The dismantling of USAID, mass federal layoffs, and access to Treasury and Social Security data.
  • Legal challenges regarding appointments, layoffs, data privacy, and misuse of power. Courts were inconsistent; Supreme Court often sided with the executive.
  • Uncertainty around chain of command, including rumors of Elon Musk's involvement before Amy Gleason was formally appointed.
• DOGE faded late in the year, but legal questions about federal norms, appointment power, and civil services persist into 2026.

“Among other things, DOGE helped dismantle usaid, pushed mass layoffs... And gained access to sensitive data... But time and time again, the Supreme Court stepped in, effectively allowing DOGE’s work to continue.” — Anna Bauer (05:05)

III. Immigration, National Security, and the Alien Enemies Act

Roger Parloff, Senior Editor
Timestamp: 06:53

• President Trump invoked the Alien Enemies Act (for the first time outside declared war), resulting in the secret removal of 160 Venezuelans based on gang affiliation and terrorism designations.
  • Lack of due process: no hearings or notice.
  • ACLU’s efforts were blocked; the Supreme Court ruled due process was denied but restricted legal remedies.
  • Disarray in federal courts: multiple legal conflicts, contempt findings ignored, prisoner swaps, and confusion over jurisdiction.
• Highlighted individual case: Kilmar Abrego Garcia, who was removed in violation of a court order and became a legal flashpoint between courts and executive.

“On March 14, President Trump secretly signed a proclamation invoking the Alien Enemies act for the first time in history outside the context of a declared war.” — Roger Parloff (06:59) “All nine justices agreed… the Venezuelans had… been denied due process.” — Roger Parloff (08:38)

IV. Transformation of the Justice Department & Internal Government Safeguards

Molly Roberts, Katherine Pompilio, Olivia Manis
Timestamp: 13:05

• Trump asserted personal control over the Justice Department, purged civil servants, and installed loyalists.
  • Rewarded allies (over 1,200 pardons for January 6th convicts) and punished perceived enemies with selective prosecutions.
  • Troubling legal maneuvers: dropped cases against Trump associates, targeting of critics (Comey, Letitia James, John Bolton).
  • Undermining of internal checks: firing of 17 inspectors general, purging ethics and accountability officials, erosion of whistleblower and civil service protections.

“He’s referring to himself as the nation’s chief law enforcement officer… One of the first things that President Trump did… was to provide unconditional pardons to any individual convicted of crimes related to January 6.” — Molly Roberts, Katherine Pompilio (13:19, 16:55) “Trump nominated members of his personal legal teams to top posts within the department, forced out high-level FBI officials, and purged 15 young assistant U.S. attorneys.” — Katherine Pompilio (17:40)

V. Presidential Control of Federal Spending: The Impoundment Year

Eric Columbus, Senior Editor
Timestamp: 21:16

• Trump treated Congressional appropriations as optional, refusing to spend billions as mandated (impoundment).
  • Supreme Court and Congressional inaction enabled this practice.
  • Legal ambiguity over "pocket rescissions" (president delays until funding lapses), Supreme Court blocked challenges, leaving accountability in limbo.

“Trump treated appropriations by Congress as optional and refused to spend massive sums of money.” — Eric Columbus (21:24) “But the impoundments just keep coming.” — Eric Columbus (24:17)

VI. Domestic Military Deployments on an Unprecedented Scale

Lauren Voss, Public Service Fellow
Timestamp: 24:21

• Trump used rarely-invoked authorities to deploy federal troops to U.S. cities (LA, DC, intended deployments in Portland and Chicago).
  • Invoked Article II “protective power,” stretching constitutional and statutory interpretations, often in opposition to the Posse Comitatus Act.
  • Judicial scrutiny and uncertain court outcomes continued, with significant debates about presidential power and its limits.

“The Administration also asserted that President Trump had the authority to deploy the National Guard under a so-called protective power, an inherent constitutional power.” — Lauren Voss (24:44) “Just collecting the facts was a huge effort, which itself reflected a disturbing lack of public information about a critical topic.” — Lauren Voss (24:30)

VII. Expanding War Powers, Use of Force & International Law

Scott R. Anderson, Senior Editor
Timestamp: 34:05

• Trump signaled willingness to use military force to claim foreign territory (Panama Canal, Greenland), though these did not manifest—yet.
• Actual military action included:
  • Strikes on Iran’s nuclear facilities: first-ever direct U.S. intervention of its kind.
  • A major, ongoing campaign targeting alleged narcotics traffickers in international waters—unprecedented expansion of war powers.
  • U.S. military action justified legalistically as if narcotics-trafficking were armed aggression, raising domestic and international law concerns.
  • Massive buildup and embargo aimed at regime change in Venezuela, without yet crossing into direct invasion.

“That’s a really, really wild and dramatic expansion of when the United States says it can use a military force.” — Scott R. Anderson (39:30) “Are we going to end up in another campaign for regime change… this time, not Iraq, but Venezuela?” — Scott R. Anderson (42:22)

VIII. Trump’s Transactional and Unilateral Foreign Policy

Ariane Tabatabai, Public Service Fellow
Timestamp: 43:16

• Shifted from global alliances and China competition to a "fortress Americas" approach.
  • Personalist diplomacy: claims to have “ended eight wars” while cozying up to autocrats and straining ties to democratic allies (NATO, Canada, tariffs on US allies).
  • Economic nationalism, less focus on human rights.
  • Middle East: military strikes on Iran, shifts in Israel-Hamas ceasefire, “Signal-gate” scandal involving leaks of sensitive information.

“The administration is putting competition in the Indo Pacific on a back burner… retracting to the Americas.” — Ariane Tabatabai (45:03) “The year kept us busy with developments around the globe and the administration kept us on our toes as it remade US Foreign policy to be more transactional and unilateralist.” — Ariane Tabatabai (46:03)

IX. Ukraine, Escalation Podcast and U.S.-Ukraine Relations

Tyler McBrien (Managing Editor) & Anastasia Lapatina
Timestamp: 46:19

• Released narrative podcast "Escalation" on U.S.-Ukraine relations, spanning from post-Soviet independence through to present conflict.
  • Documented the Oval Office meeting between Trump, VP J.D. Vance, and Zelensky, and ongoing war’s effects on U.S. policy and Ukrainian lobbying efforts.

“The story… begins at the end of the Soviet Union… and ends up until basically the 2024 presidential election...” — Tyler McBrien (46:36)

X. AI Governance: Federal vs State, National Security, and Policy Drift

Jacob Kraus and Kevin Frazier
Timestamp: 49:07

• Trump’s administration rolled back previous executive orders, prioritized “global AI dominance”, passed new laws restricting explicit content deepfakes.
• Tech brain drain from federal government due to DOGE changes.
• Bipartisan confusion and inertia about who should regulate AI: federal preemption debated, states charge ahead with their own laws (e.g., CA SB 53, NY’s Raise Act).
• Executive orders issued to challenge state AI laws and to set a national governance framework, but formal resolutions absent and litigation pending.

“The start of 2025 posed two real questions with respect to AI governance. Who should govern and what should they govern? … Come the end of 2025, we still don’t have an answer to either one of those questions.” — Kevin Frazier (52:35)

XI. The Dismantling of U.S. Election Integrity Infrastructure

Renee Diresta, Contributing Editor
Timestamp: 55:42

• Trump portrayed election security programs and research as “censorship”, leading to the dissolution of core integrity agencies (CISA, FBI Foreign Influence Task Force, etc.)
• Fact-checking erased from major tech platforms, disinformation research delegitimized; officials accused of fabricating foreign interference.
• Political revisionism reframed Russian election meddling as a hoax to justify dismantling countermeasures.

“America’s election integrity capacity didn’t just disappear, it was systematically dismantled based on the claim that the threat it was built to counter had never existed at all.” — Renee Diresta (58:10)

XII. Thematic Reflections: Lawlessness, Repression, and Coping with "The Situation"

Benjamin Wittes, Editor in Chief
Timestamp: 58:20

• Wittes invokes the Hebrew word "hamatzav" ("the situation") to frame persistent disruption under Trump as an ongoing national security emergency.
  • Examines the administration’s: lawlessness (impunity, corruption, legal evasion), shamelessness (“cult of unqualified authenticity”), and repression (disappearances, attacks on press/universities).
  • Ends with advice: resist normalization, stay alert, but don’t lose hope.

“The first is lawlessness… impunity, pardon, patronage, erasing historical memory… The second theme is shamelessness… the cult of unqualified authenticity… Final theme what are we supposed to do about the whole thing?” — Benjamin Wittes (58:38) “Stop cooperating. Make fun of the situation, draw on the sidewalks, don’t just act like nothing’s happening… Don’t give up on it either.” — Benjamin Wittes (61:19)

Notable Quotes & Memorable Moments

• On the nature of 2025:

  “It was a lot like drinking from a fire hose. We did our best to keep up.” — Natalie Orpet (03:26)

• On the transformation of U.S. election infrastructure:

  “America’s election integrity capacity didn’t just disappear, it was systematically dismantled…” — Renee Diresta (58:10)

• On rule of law and accountability:

  “Boat strikes, bribes and corruption schemes, impunity, pardon, patronage, erasing historical memory... whether the courts are really up to the job of restraining this man.” — Benjamin Wittes (58:53)

• On shifting war powers:

  “That’s a really, really wild and dramatic expansion of when the United States says it can use a military force.” — Scott R. Anderson (39:30)

• On AI governance confusion:

  “Come the end of 2025, we still don’t have an answer to either one of those questions.” — Kevin Frazier (52:40)

Timestamps for Major Segments

• [02:47] – Introduction and Lawfare’s coverage approach (Natalie Orpet)
• [04:20] – The DOGE rebrand and legal fallout (Anna Bauer)
• [06:53] – Alien Enemies Act, removals, and judicial gridlock (Roger Parloff)
• [13:05] – Justice Department purges and accountability rollbacks (Molly Roberts, et al.)
• [21:16] – Presidential impoundment of funds (Eric Columbus)
• [24:21] – Domestic military deployments and the Posse Comitatus Act (Lauren Voss)
• [34:05] – War powers, military campaigns, and Venezuela (Scott R. Anderson)
• [43:16] – U.S. Foreign policy pivot (Ariane Tabatabai)
• [46:19] – Ukraine-U.S. relations and narrative podcast (Tyler McBrien)
• [49:07] – Federal/state AI governance, legislative activity (Jacob Kraus, Kevin Frazier)
• [55:42] – Election integrity dismantling (Renee Diresta)
• [58:20] – Themes of lawlessness and the “situation” (Benjamin Wittes)

Tone & Language

The speakers maintain a sober, analytical, and earnest tone. There’s urgency and concern as they describe profound institutional, legal, and cultural disruptions and attempt to contextualize them within longer-term trends.

Conclusion

This episode of The Lawfare Podcast is essential listening for anyone seeking a detailed, critical understanding of how 2025 reshaped U.S. law, policy, and democratic institutions from the inside out. Through the voices of multiple experts, it captures the whirlwind of change and the continual, often daunting task of tracking, analyzing, and defending rule of law and accountability in an era of profound uncertainty.