The Lawfare Podcast: Patreon Edition The Lawfare Podcast: Patreon Edition

Lawfare Daily: The Trials of the Trump Administration, August 28

Aug 31, 2026 · 1h 37m

Summary

Lawfare editors discuss a major victory for Anthropic against the Department of Defense, where a judge issued a permanent injunction after finding the government’s national security claims contradicted by its own prior actions. The panel also analyzes Supreme Court procedural chaos regarding postal service election rules, concluding the changes are unlikely to affect the November vote. Finally, they cover the Third Circuit’s decision to allow the prosecution of Rep. LaMonica McIver to proceed despite Speech or Debate Clause arguments, and note FBI searches of former Rep. Eric Swalwell’s dev…

Topics discussed

Introduction and show openers Anthropic v. Department of Defense ruling analysis Appeals strategy and tweets as agency action Supreme Court ruling on postal service election rules January 3rd election manipulation theories Rep. McIver prosecution and Speech or Debate Clause Eric Swalwell FBI investigation and color of law Steve Bannon contempt conviction dismissal Kennedy Center renaming and closure threats Trump's failed bid to remove NY case to federal court Extradition dispute between Minnesota and Texas 4th Circuit rules on Loper Bright and immigration deference Cartel informant illegally deported three times Fed Governor Lisa Cook and mortgage fraud allegations
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