Bulwark Takes
Bulwark Takes
February 11, 2026

Even a Barrister’s Wig Can’t Save This Garbage Affidavit (w/ Ben Wittes) | The Bulwark Podcast

Quick Read

Ben Wittes reports from Ukraine on a dire humanitarian crisis and unwavering national resolve, contrasting it with America's self-inflicted political 'decadence' and a struggling legal system.
Ukraine endures a dire, underreported humanitarian crisis due to targeted energy infrastructure attacks.
Despite immense suffering, Ukrainian resolve remains strong, with a pragmatic shift towards human-centric peace talks.
The US legal system exhibits critical vulnerabilities, from flawed affidavits to a severe prosecutor shortage, impacting justice.

Summary

Ben Wittes, editor-in-chief of Lawfare, provides a stark update from Ukraine, highlighting a severe, intentionally inflicted energy and humanitarian crisis exacerbated by extreme cold. Despite these conditions, he emphasizes Ukraine's resilience and determination, countering narratives of imminent collapse. Wittes notes a shift in Ukrainian willingness to discuss peace, focusing on the human cost of occupation over immediate territorial recovery. The conversation pivots to US domestic issues, with Wittes expressing embarrassment over America's 'unbombed' political 'decadence'—fabricating problems while Ukraine faces existential threats. He critiques the US legal system, citing a flawed Fulton County affidavit and a critical shortage of competent prosecutors, which leads to judicial failures and a breakdown in government function, even impacting serious criminal investigations due to misallocated resources.
This episode offers a critical, on-the-ground perspective of the war in Ukraine, revealing a humanitarian crisis largely underreported in Western media and the profound resilience of the Ukrainian people. It sharply contrasts this reality with the perceived 'decadence' of American politics, urging listeners to re-evaluate domestic priorities. Furthermore, the discussion exposes alarming vulnerabilities within the US legal system, from questionable affidavits to a severe prosecutor shortage, which could undermine justice and governmental integrity.

Takeaways

  • Ukraine is experiencing a severe energy and humanitarian crisis, with widespread lack of heat, electricity, and water in major cities due to Russian attacks on centralized infrastructure, exacerbated by extreme cold.
  • Despite the dire conditions, Ukrainians are not on the verge of collapse; their military and national resolve remain strong, even in heavily damaged cities like Kharkiv.
  • Ukrainian leaders are open to discussions that do not involve immediate Russian withdrawal from occupied territories, prioritizing the human cost of occupation and the return of kidnapped children over short-term territorial gains.
  • The US political landscape is characterized as 'decadent' by the guest, contrasting America's manufactured problems and internal strife with Ukraine's existential struggle against a real invasion.
  • A recently unsealed affidavit supporting a raid on the Fulton County Election Office was based on debunked conspiracy theories, raising concerns about FBI agent conduct and judicial oversight.
  • The US legal system faces a significant shortage of competent prosecutors, leading to overburdened staff, non-compliance with court orders, and even the inability to pursue serious criminal cases due to misallocated resources.

Bottom Line

Putin's 'win' scenario, as outlined by The Economist, involves a long-term strategy of demographic engineering (moving Russians into occupied Ukrainian territories, moving Ukrainians out) and continuous low-level aggression against NATO borders, rather than a decisive military victory.

So What?

This suggests a protracted, hybrid conflict where Russia aims to solidify territorial gains and destabilize neighboring countries through non-conventional means, challenging NATO's collective defense commitment on smaller, ambiguous fronts.

Impact

Western powers need to develop long-term strategies to counter demographic shifts and hybrid warfare tactics, moving beyond purely military responses to include economic, social, and information warfare countermeasures.

The 'overburdened incompetence' within the US government's legal apparatus, particularly the Department of Justice, is inadvertently tempering the 'malevolence' of politically motivated actions.

So What?

While alarming for the rule of law, this incompetence acts as a brake on authoritarian impulses, as the government struggles to effectively execute its own legal agenda due to lack of skilled personnel and organizational disarray.

Impact

This highlights a critical vulnerability that could be exploited by future administrations if competence is restored to the legal system while political motivations remain unchecked. It underscores the importance of institutional resilience and the quality of personnel in safeguarding democratic norms.

Opportunities

Humanitarian Aid for Ukraine's Energy Crisis

A direct-to-individual campaign to provide large battery backups, electric blankets, and small heaters to Ukrainian civilians facing freezing temperatures and widespread power outages. This model focuses on immediate, tangible relief for those without centralized heating or electricity.

Source: Ben Wittes's personal fundraising campaign with Nastia.

Lessons

  • Support humanitarian efforts directly aiding Ukrainian civilians, particularly those focused on providing essential heating and power solutions during winter.
  • Critically evaluate domestic political narratives, recognizing when 'problems' are fabricated or exaggerated, especially when contrasted with genuine global crises.
  • Advocate for strengthening the US legal system by addressing prosecutor shortages and ensuring judicial oversight remains robust against politically motivated or unsubstantiated legal actions.

Quotes

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"The energy crisis situation there is much worse than has been depicted in the press here... The temperatures are really, really low and the average building in major cities may have neither heat nor electricity nor running water."

Ben Wittes
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"The Ukrainians know they do not have a play in the short term to take back the 20% of their territory that is currently occupied by the Russian Federation."

Ben Wittes
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"We're here, you know, committing sepuku and carving up our own bellies, uh, dealing with [expletive] problems that aren't real... and they're actually being bombed. They have a name for that, which they call people like us the unbombed."

Ben Wittes
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"I've never seen [the Department of Justice] be incompetent before... I've never seen a situation in which you wonder if the lawyer who wrote the average brief has any idea what the factual record looks like."

Ben Wittes

Q&A

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