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The Lawfare Podcast

Rational Security: The “These Are the Days that Never End’ Edition

This week, Scott sat down with his colleagues Tyler McBrien and Roger Parloff, as well as special guest Claire Meynial, U.S. correspondent for Le Point, to talk over the week's big national security news, including:

  • “Make Europe Aghast Again.” Vice President J.D. Vance stunned the Munich Security Conference last week with remarks that criticized European allies for suppressing far-right and anti-immigration voices while playing down threats from China and Russia. Combined with the Trump administration’s past hostility to Transatlantic relationships, many are taking Vance’s as a sign of a downgrade in the U.S.-Europe relationship. But is this overstating things? And how far can the Trump administration adjust the relationship on its own, even if it wanted to?
  • “I Would Do Anything for Bove, but I Won’t Do That.” (Credit to Robert Anderson, via Mike Stern.) The resignation of seven Justice Department attorneys over their refusal to move to dismiss charges against New York City Mayor Eric Adams at the direction of acting Deputy Attorney General Emil Bove has brought national attention to the Trump administration’s apparent intent to use its discretion over criminal prosecution as a policy tool to advance its immigration and potentially other agendas. But what do these recent events tell us about the potential for—and limits on—such a strategy? 
  • “Animus Instinct.” The legal challenge to President Trump’s executive order banning transgender individuals from military service and halting gender-affirming care finally had a hearing in federal court this week. And in a barnburner, U.S. District Judge Ana Reyes raked the Justice Department over the coals, querying whether the ban was the result of “animus.” But how big a difference will her line of inquiry make in the end? Is there any realistic chance the courts will intervene?

For object lessons, Roger recommended a visit to the Holocaust Museum as an opportunity for a sober reflection. Tyler passed along Noah Schachtman's portrait of the players in the Eric Adams resignation scandal in Vanity Fair. Scott passed along his new favorite vegetarian pasta recipe, pasta al sugo finto. And Claire discussed some of her work on abortion rights in advance of International Women's Day on March 8, including research into the Comstock Act

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