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Rational Security
The “Exit, Pursued by a Bear Cub” Edition
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This week, Alan, Quinta, and Scott were joined by co-host emeritus Benjamin Wittes to talk through the week's very big national security news stories, including:
- “The Waiting Game.” The Middle East is on edge this week as it awaits a possible attack by Iran or Hezbollah on Israel in response to the suspected assassination of senior Hezbollah and Hamas leaders last week, including the chairman of Hamas’s political bureau, Ismail Haniyeh, who was killed while visiting Tehran for the swearing in of its new president, Masoud Pezeshkian. What might a response look like, if there is one? And what does it mean for the region, including the prospects of a Gaza ceasefire?
- “Stay Weird, Austin.” Just days after the announcement of a long-negotiated plea deal for three of the four remaining defendants in the military commission trial relating to the 9/11 attacks, Secretary of Defense Lloyd Austin took the surprising and still largely unexplained move of intervening to rescind that deal and remove the convening authority that had approved it. What can explain Austin’s actions? What will they mean for the future of the military commissions?
- “A Favorable Exchange Rate.” In a surprise move, the Biden administration and several European allies concluded a massive prisoner exchange with Russia, which resulted in the release of 16 detained U.S. and European nationals and Russian dissidents, among them Wall Street Journal reporter Evan Gershkovich and former U.S. Marine Paul Whelan. In exchange, Russia received eight Russian agents, including convicted assassin Vadim Krasikov. Is this a win for the Biden administration? What does it tell us about the state of hostage politics—and its future?
For object lessons, Alan expressed his new passion for pottery. Quinta endorsed synchronized/artistic swimming as her favorite Olympic event, thanks in part to a surprise cameo from Jason Momoa. Scott recommended the movie Thelma for a funny and compassionate take on aging. And Ben shared how a recent near-death experience led him to dump chalk dust outside the Russian Embassy.
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The “Doodle Ordinance” Edition
01:17:14|This week, Scott sat down with his Lawfare colleagues Natalie Orpett, Tyler McBrien, and Daniel Byman to talk through the week’s big national security news, including:“Borderline Behavior.” A major flare-up over the disputed region of Kashmir took place this past week, leading to a major exchange of hostilities between the nuclear powers of India and Pakistan before they agreed to a U.S.-brokered ceasefire—one that is mostly holding, despite alleged violations on both sides. How durable a resolution does this seem likely to be? And what additional steps need to be taken to preserve peace?“Parting Ways.” President Trump announced a major change to U.S. policies in the Red Sea this week, in the form of a ceasefire with the Yemeni armed group and de facto government Ansar Allah (also known as the Houthis), in which they would cease attacks on U.S. shipping. But the credibility of this commitment is in doubt, as are the implications of U.S. actions for shipping through the Red Sea more broadly. What should we make of this major policy shift? “First Class Problems.” President Trump announced this week that he would be accepting the gift of a luxury jet from the government of Qatar for use as Air Force One during his presidency, which would then be transferred to his foundation shortly before he leaves office in 2029. How big a problem is this? And how can he accept this gift, given that the Constitution’s Foreign Emoluments Clause prohibits “accept[ing]...any present…of any kind whatever, from any King, Prince, or foreign State”?In Object Lessons, Tyler delighted in the Financial Times’s trolling of its own “Lunch with the FT,” in which Sam Altman’s kitchen and gross misuse of olive oil becomes a bizarre metaphor for OpenAI. Natalie delighted in some hometown, Pope-town pride (and some Lou Malnati's pizza). Scott delighted in discovering both Dolcezza and their affogato with decaf espresso, a dessert for those who crave flavor and excitement but who also like sleep. And Dan, in utterly failing his wife, delighted in reaping the benefits of her Mother’s Day gift: a little contraption that sits somewhere between wellness hack and medieval torture rack.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.The “Shaving Face” Edition
01:06:35|This week, Scott sat down with his Lawfare colleagues Benjamin “The Beard” Wittes and Anastasiia (and Ava) Lapatina to discuss the week’s biggest national security news stories, including:“A Waltz on Thin Ice.” Weeks after the SignalGate controversy, Mike Waltz is out as National Security Adviser and set to be nominated as U.N. Ambassador. Secretary of State Marco Rubio, meanwhile, is in for a record fourth high-ranking appointment, though rumors are circulating about just how long he may remain in the position. How big a deal is this switch in leadership? What might its broader implications be?“Resource Extraction.” After months of negotiations, Ukraine and the Trump administration have finally signed a minerals agreement that gives the United States (and, perhaps more importantly, President Trump) a financial stake in Ukraine’s ongoing independence. Is the deal just exploiting Ukraine’s vulnerability? Or is there a chance it might contribute to a better outcome for the beleaguered country?“Liquid Assets.” Russia has gotten its liquefied natural gas (or LNG) facility off the ground in the Arctic and is getting ready to export through a shadowfleet of unregistered vessels to eager buyers in China who are undeterred by Western sanctions. What does the situation tell us about the effectiveness of sanctions? And what is Russia up to in the Arctic?In Object Lessons, Ben logrolled Lawfare’s accidentally-on-purpose, Fridays-at-4pm YouTube show, Lawfare Live (like, Like and Subscribe to our channel!). Scott’s getting ready for grilled pizza season and shared tips for how to handle the heat. And turning the temperature down a notch, Nastya recommended Minna Ålander’s substack, Northern Flank Notes, for more uutiset on the Nordic-Baltic-Arctic region.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.The “Keeping It 100” Edition
01:12:48|This week, Scott sat down with his Lawfare colleagues Molly Reynolds and James Pearce to talk through the week’s big national security news, including:“Rounding the ‘Feels Like It’s Been a Century’ Mark.” As President Trump comes to the end of his second first 100 days in office, he and his supporters are laying claim to FDR’s mantle as the president to accomplish the most in such a short period of time. But how much success has Trump really had in enacting his broader policy agenda? How should we be seeing Trump’s administration as it rounds this milestone?“The Art of the Appeal.” More than three months into his second term in the White House, President Trump has clearly embraced a new legal strategy: antagonistic towards the courts, aggressive in its claims of presidential power, and more than willing to run to the Supreme Court for validation. But so far that validation has been slow to come, and there are signs that even some judges appointed by Trump are growing weary and wary of his tactics. How successful is Trump’s legal strategy proving? Could an alternative be more effective?“DOGE-ing a Bullet.” A new report from the minority staff of the Senate’s permanent subcommittee on investigations claims that Elon Musk’s involvement in the Trump administration and his role in dismantling federal agencies could save his various companies billions in regulatory costs and other potential liabilities. Is this a clear conflict of interest? Or does this report reflect other factors in play?In object lessons, Molly had a mighty craic in happening upon Blue Lights, a police procedural set in Belfast, and urges you to give it a lash. Scott, hailing victory and fighting for Old DC, cheered the thought of a new RFK Stadium. And James encouraged listeners to maki their way over to a local Japanese restaurant, where the sushi isn’t the only thing rolled.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.“The More You DOGE” Edition
01:22:19|This week, Scott sat down with his Lawfare colleagues Anna Bower, Tyler McBrien, and Kevin Frazier to talk through the week’s big national security news, including:“Aliens vs. Predators.” Despite forceful legal pushback—including by the U.S. Supreme Court—the Trump administration is working hard to continue its campaign to remove foreign aliens it accuses of pursuing a “predatory incursion” from the country using the Alien Enemies Act. How far will it go? And to what extent can the courts (or anyone else) stop them?“Aye Aye Robot.” Both the Biden and Trump administrations were fans of artificial intelligence (AI) and set out policies to incorporate it into government decision-making. But while the Biden administration focused much of its efforts on guardrails, the Trump administration has increasingly torn them down as part of a broader push to incorporate the nascent technology into government decision-making. What are the risks and potential benefits of this sort of government by AI? “For Pete’s Sake.” Beleaguered Secretary of Defense Pete Hegseth is more beleaguered than ever this week, after reports that, in addition to inadvertently sharing classified secrets with Atlantic reporter Jeffrey Goldberg, he also passed them to his wife, brother, and personal lawyer on another Signal thread. Meanwhile, a former adviser (and established Trump loyalist) went public with allegations that Hegseth’s management has led to chaos at the Defense Department and called for his resignation. Will this be enough for the Trump administration to cut bait and run? Or does his support in the MAGAsphere simply run too deep?In object lessons, Tyler, fresh from biking adventures abroad, hyped the routes, photos, and resources on bikepacking.com, if physical exertion is your idea of relaxation. Anna, finding other ways to relax, came to the defense of The Big Short in helping to soothe her anxiety amid more current market upheaval. Doubling down on the “no relaxation without tension” theme, Scott’s outie binge-watched Severance while on vacation. And Kevin, very on-brand, was quick to bring us a feel-good story of a new community partnership to support AI skill-building in Austin-based nonprofits. 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.The "Humphrey's Executor's Executor" Edition
01:17:19|This week, Scott sat down with co-hosts emeritus Benjamin Wittes, Quinta Jurecic and Lawfare's new senior legal fellow James Pearce to talk through the week's biggest national security news stories, including:“Midnight Planes Going Anywhere.” The Supreme Court has weighed in on the Trump administration’s decision to quickly fly dozens of Venezuelan nationals to El Salvador with little to no meaningful process, holding that those detained had to be provided notice and an opportunity to challenge their removal, but only through habeas in their place of detention. Meanwhile, we are still awaiting the Court’s final decision on whether a lower court can direct the executive branch to seek the return of another man who was removed to El Salvador by mistake. What will these decisions mean for the Trump administration’s aggressive deportation policies?“All the King’s Horses and All the King’s Men, Won’t Be Able to Put Humphrey’s Together Again.” Watchers of the D.C. Circuit may have suffered whiplash this week, as an appellate panel reversed a district court’s conclusion that the Trump administration’s removal of statutorily protected members of the Merit Service Protection Board and National Labor Review Board was most likely unlawful, only for the panel itself to be reversed in short order by the whole en banc court. The issues now seem clearly poised for review by the Supreme Court. Is Humphrey’s Executor and other case law preserving independent agencies toast? Or might the Court stop short of killing independent agencies altogether?“A Duty of Pander.” Attorney General Pam Bondi punished a Justice Department attorney this week after he admitted to a federal court that he had not been provided adequate answers to some of the court’s questions. It’s the latest in a parade of disciplinary actions accusing attorneys of disloyalty for engaging in candor with the federal courts over the confusion that some of the Trump administration’s policies have caused. Is the Attorney General within her rights to crack down on these actions? And what impact will her demand for loyalty have on the Justice Department’s relationship with the federal courts?For object lessons, Quinta recommended the movie "Margin Call" as a reflection on the last financial crisis, as we prepare for the next one. Ben brought attention to Russia's brutal and inhumane attack on a children's playground in Ukrainian President Volodmyr Zelensky's hometown of Kryvi Rih, which underscores just how committed Russia really is to peace. Scott shared his latest home pizza discovery—a one hour no-knead recipe for pan pizza crust from King Arthur's Baking—as well as his next experiment: an all edge pieces pan pizza. And James gave a double-header object lesson, sharing his participation in the Baker to Vegas footrace and his reading of another story about something even more inhuman: Mary Shelley's Frankenstein.The “Space Base Oddity” Edition
01:14:40|This week, Scott joined his Lawfare colleagues Natalie Orpett and Eric Ciaramella to talk through the week’s big national security news, including:“In Mother Russia, Sometimes Bear Poke You.” Discussions over a possible broader ceasefire in Ukraine—beyond the temporary (and limited) energy and Black Sea ceasefire agreements last week—appear to have ground to a halt over Russian demands. Many observers suspect this is simply a stalling technique by Russian President Vladimir Putin, as Russia prepares for another offensive intended to improve his negotiating leverage. President Trump, meanwhile, in a rare swipe at the Russian dictator, has said he’s “pissed off.” But will Trump bring leverage to bear enough for Putin to budge? Or are the ceasefire negotiations like to stay stuck in the mud—and, if so, will Trump know who to blame?“Nuukin’ Futs.” Vice President J.D. Vance visited the northernmost U.S. military base in Greenland last week and delivered a speech in front of U.S. service members that accused Denmark of neglecting its Greenland protectorate and failing to adequately protect it from China and Russia—shortcomings that, in his telling, justify President Trump’s stated intent to gain U.S. control over the island nation. Is there any truth to Vance’s allegations? And will his remarks help or hurt the Trump administration’s purported objective of securing Greenland and improving U.S. access to its various resources? “Third Term’s the Charm.” In an interview this week, President Trump insisted to reporters that he was serious about potentially pursuing a third term and suggested that there were “methods” by which he could do so, in spite of the 22nd Amendment’s two-term limitation on presidents. How seriously should we take his threat? Are there arguments that could carry water — and will it matter?In object lessons, Natalie—tire-d of DC traffic—“spoke” highly of her beloved ebike. Scott, flying solo in NYC, curled up with his Kindle at Amor y Amargo, contemplating the question: how many Amaros does it take to make the perfect Sazerac? And Eric praised “Language City: The Fight to Preserve Endangered Mother Tongues in New York,” by Ross Perlin—a fascinating portrait of linguistic diversity and the fight to preserve it.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.The "New Phone, Houthis?" Edition
01:32:37|This week, Scott sat down with his Lawfare colleagues Benjamin Wittes and Roger Parloff to talk through the week of the most Rational Security-esque of national security news stories ever, including: “Oopsec.” In a strong contender for the most ridiculous national security story of the year, senior Trump administration officials appear to have planned a series of airstrikes in Yemen that took place earlier this month through the social messaging app Signal—and they appear to have included The Atlantic’s Editor-in-Chief Jeffrey Goldberg by mistake, giving him access to detailed war plans and internal policy discussions that he has now (mostly) made public. How irresponsible were the Trump administration’s actions? And what will the consequences be of this mistake?“Secrets, Lies, and Bureaucratic Red Tape.” The Trump administration employed the Alien Enemies Act to remove alleged members of the Venezuelan gang Tren de Aragua to a notorious prison in El Salvador last week, just before or perhaps just after (a point of ongoing inquiry) an order from a federal district court judge directed them not to. And now the Trump administration is invoking the state secrets privilege to avoid having to disclose more details regarding its policy choices. How firm is the legal ground that the Trump administration is operating on? And how will the courts handle it? “How Do You Think We Keep These Shoes So White?” Leading white shoe law firm Paul, Weiss kissed the feet—or perhaps licked the boots—of President Trump this week in an effort to escape the highly discriminatory sanctions Trump recently imposed on them for their past ties with a lawyer who worked with the prosecution in his New York criminal case. What could their acquiescence mean for big law? And the legal industry more generally?In object lessons, Roger is unwinding from court documents in English by diving into Walter Isaacson’s “Elon Musk” in French—because nothing says relaxation like a billionaire’s biography en français. Scott revisited his college years, reminded of Bob Dylan’s live 1966 performance of “The Royal Albert Hall Concert” after watching A Complete Unknown (pro tip: never leave a pile of axes at a folk festival). And Ben pleads with “the algorithm” to stop assuming he needs weapons disguised as mobility devices.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.The “Berry Boy Blue” Edition
01:23:35|This week, Scott sat down with Rational Security veterans and Lawfare colleagues Benjamin Wittes and Molly Reynolds to talk through the week’s big national security news, including:“House Odds.” Speaker of the House Mike Johnson scored an unlikely win last week, when he kept the narrow (and notoriously fractious) Republican house majority united enough to pass its own continuing resolution to keep the government open—and then successfully got enough Democrats to acquiesce to debate on it for it to pass through the Senate without amendment. What does this tell us about the current dynamics in Congress—and what the Democratic minority in either chamber might realistically hope to achieve moving forward?“This Pressure Goes to Eleven.” The Trump administration amped up military operations in the Middle East this week, taking out a senior ISIS leader in Iraq, pursuing an aggressive set of airstrikes against the Houthis in Yemen, and greenlighting a renewal of Israeli hostilities in Gaza, seemingly ending the weeks-long ceasefire that had prevailed there. The common thread across all three sets of action seems to be Iran, a regime that the Trump administration has both socked with a return of maximum pressure sanctions and sought to engage on possible negotiations over its nuclear program. Is this new maximum maximum-pressure campaign likely to work? What risks and benefits does it present?“Saying the Quiet Part Incredibly Loud and at Length.” President Trump gave an unprecedented speech at the Justice Department last week, where he spent over an hour misrepresenting the criminal cases that had been made against him prior to his rising to the presidency and naming specific individuals as enemies who he indicated should be arrested. What motivated his address? And what will it mean for the campaign of vengeance he is slowly rolling out against his perceived political enemies?In object lessons, Molly momentarily set aside her usual evangelism for regional NPR-affiliate podcasts to champion Good Politics/Bad Politics, a Substack deep-dive into U.S. elections and governance by Jonathan Bernstein, Julia Azari, and David S. Bernstein. Scott, ever the escapist, steered clear of wands and wizardry but still embraced fantasy with Lev Grossman’s “The Bright Sword.” And Ben lamented the recent gutting of Voice of America—only to note that those voices haven’t vanished. They’re just looking for a new frequency.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.The “Botanical Bros” Edition
01:13:59|This week, Scott sat down with Lawfare Senior Editor and co-host emeritus Alan Rozenshtein and Lawfare Executive Editor Natalie Orpett to talk through the week’s big national security news, including:“Lowering the Bar.” Last week, the Trump administration took aim at two leading law firms—Covington & Burling and Perkins Coie—by repealing lawyers’ security clearances and setting limits on the extent to which government actors can contract with them, on the apparent grounds that they worked for Trump’s perceived enemies. Is this legal? Will it be challenged? And what will the effect be on the legal industry?“Big Math on Campus.” The Trump administration recently announced its intent to withhold $400 million in government grants from Columbia University, on the grounds that it had not done enough to combat anti-semitism on campus—a measure it paired with an indication that it would repeal student visas from those who had expressed “pro-Hamas” views. Is this tack a proper or legally sustainable one? And what impact will it have on academic communities in the United States?“Nothing Is Certain but Death and Ta…Well, at Least Death.” After temporarily delaying tariffs on Canada and Mexico after 48 hours last month, President Trump assured everyone that they were definitely getting installed this month. But once again, after a few days, he rescinded many of them. Nonetheless, the uncertainty surrounding this administration’s policies has markets spooked, triggering fears of a recession—something President Trump has indicated people may just have to live through. What are the real costs and benefits of Trump’s oscillating trade policies?In object lessons, Alan went full nerd and prescribed himself a decade-long literary exile with “Gardens of the Moon,” the first in Steven Erikson’s ten-book epic. Scott’s old ass, meanwhile, threw its weight behind “My Old Ass,” a film about a young woman navigating family, love, and self-discovery—all with a little hallucinogenic assistance. And Natalie logrolled like a pro, plugging Quinta Jurecic’s guest spot on The Ezra Klein Show, where Quinta delivers one of Natalie’s all-time favorite “Quintaisms”—with all the necessary context baked right in.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.