Share

cover art for Rational Security: The “Sad Norman Rockwell” Edition

The Lawfare Podcast

Rational Security: The “Sad Norman Rockwell” Edition

This week, Scott sat down with Lawfare Senior Editors Molly Reynolds and Alan Rozenshtein, and with University of Houston Law Center Assistant Professor of Law Chris Mirasola, to talk through the week’s big national security news, including:

  • “Troops, There It Is.” President-elect Donald Trump raised eyebrows this week when he suggested that he intended to declare a national emergency and use U.S. soldiers to implement his planned deportation of undocumented migrants from the United States—the first of many potential domestic uses of the military some fear he will pursue. But does the president have the authority to use the military in this way? And is a(nother) national emergency really necessary?
  • “Break It ‘Til You Make It.” Some have expressed serious doubt as to whether the incoming Trump administration’s flurry of highly controversial nominees for senior positions in government will be able to successfully make its way through even the Republican-held Senate. But doing so may not be necessary, as Trump’s allies are reportedly exploring a legal scheme by which he can use a never-before-used authority to adjourn Congress to force the Senate into an extended recess, and then appoint his preferred nominees as recess appointments. How plausible is this legal theory? And what role is it likely to play in Trump’s confirmation strategy?
  • “Rolling Back the Clock.” While he was once one of TikTok’s greatest enemies, President-elect Trump has changed his tune: on the campaign trail, he came out against the ban on the controversial social media platform passed by Congress, which is sent to go into effect early next year if its China-associated owners do not divest. Will Trump try to come to TikTok’s rescue? And if so, what could he do?

For object lessons, Alan recommended the childrens’ audio player “Yoto,” to the fervent applause of the other guests and their young children. Molly embraced her Patrick Radden Keefe fandom one more time to recommend FX’s forthcoming adaptation of his book, “Say Nothing.” Chris endorsed Jon Batiste’s new album “Beethoven Blues.” And Scott urged listeners to follow his lead and take in an aptonymous double-feature this weekend: the new film “Saturday Night and the first ever 1975 episode of Saturday Night Live that it’s about.

Note: We will be taking the week of Thanksgiving off, but we’ll be back with a new episode of Rational Security on Thursday, December 5. We’re thankful for your continued support of the show!

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/c/trumptrials.

More episodes

View all episodes

  • Lawfare Daily: The Offensive Cyber Industry and U.S.-China Relations with Winnona Bernsen

    40:19|
    Winnona Bernsen, nonresident fellow at the Atlantic Council’s Cyber Statecraft Initiative and founder of DistrictCon, joins Lawfare Contributing Editor Justin Sherman to discuss her recently released report "Crash (Exploit) and Burn: Securing the Offensive Cyber Supply Chain to Counter China in Cyberspace." They discuss the offensive cyber industry, the private sector and individual players, and the government procurement pipelines in the United States and China. They also discuss the strengths and weaknesses of each country’s offensive cyber procurement ecosystem, what it takes to sell an exploit, Winnona’s findings on the markups that middlemen add to exploit sales, and what it all means for the future of competition and cybersecurity.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.
  • Lawfare Daily: The Trials of the Trump Administration, July 5

    01:40:22|
    In a live conversation on July 3, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Legal Fellow James Pearce and Lawfare Senior Editors Anna Bower and Roger Parloff to discuss updates in the civil and criminal cases of Kilmar Abrego Garcia, a D.C. district court judge's injunction against the Trump administration’s invasion proclamation, attacks on law firms, and more.
  • Lawfare Archive: Itsiq Benizri on the EU AI Act

    43:54|
    From February 16, 2024: The EU has finally agreed to its AI Act. Despite the political agreement reached in December 2023, some nations maintained some reservations about the text, making it uncertain whether there was a final agreement or not. They recently reached an agreement on the technical text, moving the process closer to a successful conclusion. The challenge now will be effective implementation.To discuss the act and its implications, Lawfare Fellow in Technology Policy and Law Eugenia Lostri sat down with Itsiq Benizri, counsel at the law firm WilmerHale Brussels. They discussed how domestic politics shaped the final text, how governments and businesses can best prepare for new requirements, and whether the European act will set the international roadmap for AI regulation.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.
  • Lawfare Archive: Mike Johnson’s National Security Agenda

    49:42|
    From November 7, 2023: You probably already know that Rep. Mike Johnson is the new Speaker of the House. What you may not know is that every single one of the issues on his plate is a national security issue, at least in the short term. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor and Brookings Senior Fellow Molly Reynolds to talk it all through. They talked about Israel aid, Ukraine aid, Taiwan assistance, the border, FISA Section 702, government shutdowns, and more. It's a rollicking conversation through a crazy bunch of issues that are all on the front burner of the new Speaker's stove as he takes over a job for which he appears to be wholly unprepared.  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.
  • Lawfare Daily: Teun Janssen on Ukraine and a Big Europe

    51:41|
    Teun Jansenn is a staff member at the European Parliament who works on issues of EU expansion and support for Ukraine. He joined Editor-in-Chief Benjamin Wittes to talk about the prospects of Europe's stepping up for Ukraine as the United States backs away. He also talked about why EU enlargement is essential to getting EU governance under control and the role that Ukraine might play in that process.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.
  • Lawfare Daily: Civil-Military Relations in the Trump Administration

    43:10|
    For today's episode, Lawfare Foreign Policy Editor Daniel Byman interviews Lindsay Cohn, an associate professor at the Naval War College and Columbia University, to discuss the Trump administration's handling of the U.S. military. Cohn discusses the firings of senior military officials, military parades, and the use of the U.S. military at the U.S-Mexico border and in Los Angeles. She also assesses which policies are of genuine concern and which are overstated. 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.
  • Lawfare Daily: Prosecuting the Sahel's War Influencers with Lindsay Freeman

    43:38|
    On today’s episode, Lawfare Managing Editor Tyler McBrien sits down with Lindsay Freeman, Director of Technology, Law & Policy at the Human Rights Center, UC Berkeley School of Law, to discuss her recent Lawfare article, “War Crimes for Fun and Profit.” They talk about how and why so-called war influencers linked to private military companies such as the Wagner Group in the Sahel are posting “conflict content” online. They also address why this graphic and gory content, which often amounts to self-incriminating evidence of war crimes, has led to so little accountability. And finally, they discuss efforts to close that impunity gap, including an Article 15 submission that Freeman and her team at the Human Rights Center sent to the International Criminal Court last fall. Content Warning: This episode contains graphic depictions of violence. Listener discretion is advised.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.
  • Lawfare Daily: The Trials of the Trump Administration, June 27

    01:51:09|
    In a live conversation on June 27, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Legal Fellow James Pearce and Lawfare Senior Editors Anna Bower and Roger Parloff to discuss the Supreme Court’s ruling on nationwide injunctions in the birthright citizenship case, the whistleblower complaint about Emil Bove’s actions as deputy attorney general, the disbarment of Kenneth Chesebro, ongoing litigation over the federalization of the California National Guard, and so much more.
  • Lawfare Archive: Steve Vladeck on Emergency Powers and Coronavirus

    54:35|
    From March 19, 2020: What can the president do in a national emergency? What limits what the president can do? What authorizes the president to do all those things he can do in a national emergency? Is the president abusing, misusing, using appropriately, or under-using emergency powers during the coronavirus crisis? And what are the logical end points for how far this could go? For this bonus edition, Benjamin Wittes got on the phone with Steve Vladeck to work through these questions and talk about all things presidential emergency powers.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.