Share

cover art for The “Gluten-Free Clam Pizza is the Best Pizza” Edition

Rational Security

The “Gluten-Free Clam Pizza is the Best Pizza” Edition

This week, a Scott-less Alan and Quinta sat down with Lawfare Tarbell Fellow Kevin Frazier and law school-bound Associate Editor Hyemin Han to talk over the week’s big national security news, including:

  • “I will not make age an issue of this campaign. I am not going to exploit, for political purposes, my opponent's youth and inexperience.” Unlike Ronald Reagan, Joe Biden’s underwhelming performance at the first (and perhaps only) presidential debate has put his party in a panic about his chances to win the presidential election. Was Biden’s performance as bad as the pundits and betting markets seem to think and, if so, what should he do about it, both with respect to his staying in the race and even his ability to finish out his presidential term?
  • “When you’re the president, they let you do it.” After promising an opinion “for the ages,” the Supreme Court, in a 6-3, party-line decision, held that presidents enjoy at least some degree of absolute immunity from criminal prosecution for official acts. Did the opinion, as the dissenting Justices argued, make the president above the law? And what does the opinion mean for the ongoing criminal prosecutions seeking to hold Trump accountable for crimes he allegedly committed while in office?
  • "Tell it to my face…ial challenge." The Supreme Court continues its pattern of not squarely addressing difficult legal questions about the Internet. In Moody v. NetChoice, the Court sent back two challenges to state social-media moderation laws to the lower courts, instructing them to examine the laws on an as-applied, rather than facial, basis. What guidance did the Court give to the lower courts on remand, and what questions about the scope of the platforms’ First Amendment protections remain unanswered?

For object lessons, Alan gave himself a post-tenure present in the form of a fancy grill, Kevin recommended a Parisian shark week movie, Quinta suggested an animated science fiction adventure, and Hyemin enjoyed a book about the geopolitics of shame.

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

  • The “Big Worm Energy” Edition

    01:10:14|
    This week, Alan and Quinta were joined by Kevin Frazier to talk through some of the week’s biggest national security news, including:“KOSA Nostra.” An overwhelming majority of senators voted to pass the Kids Online Safety Act, also known as KOSA—a bipartisan piece of legislation that would impose new responsibilities on online platforms in looking after their underage users. Despite the 91-3 vote in the Senate, KOSA has faced strong opposition from a number of civil rights and internet freedom groups, and its path ahead in the House remains uncertain. What’s next for the bill, and what does its success so far say about the state of tech policy in the U.S.?“Herding Llamas.” The company formerly known as Facebook announced the release of a new AI large language model, Llama 3.1. Meta described the model as “open-source”—but is it responsible to release such a powerful model that way? And what does this mean for the AI arms race in Silicon Valley?“Keeping the Nine in Line.” Fresh on the heels of the Supreme Court’s ruling granting presidents broad immunity from criminal prosecution, President Biden announced his support for a slate of reforms aimed squarely at the Court: a constitutional amendment ruling out presidential immunity, along with 18-year term limits and a binding code of conduct for Supreme Court justices. But any of these proposals would face a difficult road toward implementation. What is the White House’s aim here?For object lessons, Alan suggested that listeners might enjoy homemade cucumber agua fresca as a cooling summer beverage. Kevin is enjoying a new song by Kelsea Ballerini and Noah Kahan. And Quinta recommended the movie I Saw the TV Glow.Promotion: Use code RATIONALSECURITY at the link here to get an exclusive 60% off an annual Incogni plan: https://incogni.com/rationalsecurity.
  • The “Reboot the Reboot” Edition

    01:17:47|
    This week, Alan and Scott were joined by Lawfare teammates Molly Reynolds and Eugenia Lostri to talk over the week’s big national security news, including…“Bye Biden.” President Biden made the historic decision to withdraw from the 2024 presidential race over the weekend. He swiftly endorsed his Vice President Kamala Harris, who now appears poised to become the Democratic candidate at the party’s convention next month. How might Harris be different from Biden, both as a candidate and as a president? And what will the change mean for the 2024 race?“The CrowdStrikes Back.” Countless businesses around the world found their Windows computers disabled this past week, due to a faulty update pushed out by the prominent cybersecurity firm CrowdStrike. The consequences continue to ripple out, including waves of canceled and rescheduled flights at numerous major airlines. What can this incident teach us about the security of our computer infrastructure? And are there ways to avoid similar incidents in the future?“Netanya-who?” Israeli Prime Minister Benjamin Netanyahu is scheduled to give his long-awaited speech to Congress later today. But the normally high-profile event has been overshadowed by recent news relating to the 2024 presidential race, potentially mitigating some of its intended effect. What should we expect from Bibi’s speech? And how will it impact progress towards a ceasefire in Gaza—and U.S.-Israeli relations more broadly?For object lessons, Alan recommended Jeffrey Eugenides’ novel "The Marriage Plot." Scott sent a love letter to the New York Times’ odd coverage of world culture, including this week’s exposé on Japanese backpacks. Molly gave the people what they want, with a new public radio podcast recommendation: NPR’s "Embedded: Supermajority." And Eugenia carried on a longstanding tradition of bringing in video game recommendations, this time for the cozy agriculture sim Stardew Valley. Promotion: Use code RATIONALSECURITY at the link here to get an exclusive 60% off an annual Incogni plan: https://incogni.com/rationalsecurity.
  • The “Million Dollar Babydog” Edition

    01:11:01|
    This week Alan, Quinta, and Scott were joined by Lawfare Executive Editor Natalie Orpett to talk through one of the most eventful weeks in national security news in recent history, including:“Too Close for Comfort.” Former President Trump narrowly avoided an assassination attempt this past weekend that ultimately left one rally-goer dead and two others critically wounded. While Trump and President Biden both made calls for national unity, several of Trump’s close allies were quick to blame the Biden administration’s rhetoric painting Trump as a threat to democracy. What will this historic event mean for the 2024 election—and for the rise in political violence and related rhetoric that’s preceded it?“Cannon Fodder.” After months of glacial judicial proceedings, federal District Court Judge Aileen Cannon finally did what many of her critics had long expected and dismissed the special counsel’s criminal case against former President Trump, based in large part on an aggressive reading of the Appointments Clause and narrow reading of the legislation allowing for the special counsel’s appointment. How credible is her holding? And what will it mean for the future of the trial?“Hillbilly Pedigree.” Former President Trump opened the Republican Party’s national convention this week by announcing his new pick for Vice President: J.D. Vance, the first-term senator from Ohio, author of “Hillbilly Elegy,” and a one-time critic of Trump who has since become one of his most aggressive ideological allies, going even further than Trump on issues ranging from economic populism to opposition to U.S. support for Ukraine. What does his nomination mean for the race, for the Republican Party, and for the future of national security policy? For object lessons, Alan shared how he rediscovered his love of video games. Quinta brought us another update from the Garden State, regarding the conviction of its senior senator. Scott shared a great story from political history, about the origins of the weird relationship between Richard Nixon and NBA star Wilt Chamberlain. And Natalie endorsed her latest TV indulgence: the HBO show Hacks.Promotion: Use code RATIONALSECURITY at the link here to get an exclusive 60% off an annual Incogni plan: https://incogni.com/rationalsecurity.
  • The “Pétanque-a-Donk” Edition

    01:11:59|
    This week, Quinta and Scott were joined by Lawfare Managing Editor Tyler McBrien and Lawfare Contributing Editor Eric Ciaramella to talk over all the national security news causing traffic issues in D.C., including:“Ukraine in the Membrane.” NATO is hosting its 75th anniversary summit here in Washington, D.C., this week. But its members’ eyes are uniformly locked on Ukraine, whose (eventual) membership several will voice support for this week—even as others worry about what a future Trump administration might mean for the alliance and its commitment to the ongoing conflict there. What trajectory is NATO headed on? And what should the alliance be doing to prepare?“So Gauche.” Left political movements emerged victorious over populist right-wing movements in two major elections in Europe this past week. In France, the left-wing New Popular Front squeaked out a narrow plurality over President Emmanuel Macron’s centrist coalition and the right-wing National Rally. And in the U.K., a resurgent Labour movement finally ended fourteen years of increasingly unpopular Conservative control. What do these results tell us about political trends in Europe? And can they shed any light on what the United States might experience in its own election later this year?“Hindsight is 20/25.” This week, former President Donald Trump tried to distance himself from Project 2025, denying any awareness of the Heritage Foundation-led project that has produced a 900-page book of policy proposals for the potentially returning conservative president—even though several of his former advisers contributed to the project and a number of its proposals seem to be included in the platform that Republican Party leaders adopted this week. How does this agenda compare to what the Trump administration pursued in its first term? And what role is it likely to play if Trump does return to the White House?For object lessons, Quinta recommended James McBride's latest book, “The Heaven & Earth Grocery Store.” Scott highlighted two great pieces on the continuing relevance of the classic movie “Chinatown,” in light of both its 50th anniversary and the death of its author Robert Towne—and urged director David Fincher to keep at his plans to produce a prequel series for Netflix. Tyler shared the earnest welcome to the NATO summit produced by D.C.'s own wholesome influencer, Tony P. And Eric expressed his passion for the great Finnish pastime of hobby horsing.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.
  • The “God Given” Edition

    01:04:31|
    This week, Alan, Quinta, and Scott were joined once again by Lawfare Tarbell Fellow Kevin Frazier to talk over the week’s big national security news, including:Wiki-plea-ks.” After more than a decade in effective confinement—first at the Ecuadorian embassy in London, then in a British prison—Wikileaks founder Julian Assange is set to plead guilty in a U.S. federal court in Saipan to a single violation of the Espionage Act for his role in securing and publishing troves of classified U.S. diplomatic cables in 2010, at which point he will walk free. What can we learn from Assange’s saga?“Houthi Can’t Fail.” After months of sustained hostilities—and a U.S.-led multilateral military response—the Houthi campaign against shipping through the Red Sea has once again ratcheted up a notch, disabling a number of ships in sometimes fatal attacks and teaming up with similarly Iran-affiliated Iraqi militia groups. As global supply lines strain, is it clear that the international community’s strategy failed? What more (or different) could it do?“iAI.” Apple is set to enter the artificial intelligence game with its new Apple Intelligence, which it will be rolling out on Apple devices in the Fall. But not in Europe, in part due to its regulatory posture. What does this tell us about the pros and cons of AI regulation, and how the industry is likely to react?For object lessons, Alan shared a piece asking, “What happened to the libertarian party?” Quinta confirmed her millennial status by recommending the new album from The Decemberists, “As It Ever Was, So It Will Be Again.” Scott threw his endorsement to the very BBC film, “The Lost King.” And Kevin urged everyone to check out Kygo’s death defying piano performance. 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.
  • The “Up in Flames” Edition

    01:11:39|
    This week, Quinta and Scott were joined by Lawfare Contributing Editor and Senior Fellow at the Carnegie Endowment for International Peace Eric Ciaramella to talk over the week’s big national security news, including:“Prime Deliverables, in Two Days or Less.” The Biden administration and its European allies coughed up a number of big wins for Ukraine at a meeting of the G7 and subsequent Ukraine peace summit this past week, ranging from a new U.S.-Ukraine security agreement to a commitment to provide $50 billion in assistance derived from frozen Russian assets. But are these measures game-changers—especially with political changes in both Europe and the United States on the horizon?“Trying to F Us.” Policy advisors to former President Trump reportedly have some big plans for government employees if he is elected to a second stint in the White House—including the return of Schedule F, an reorganization of the civil service that would have gutted job protections and made it easier to replace civil servants with partisan loyalists. How big a problem are these plans? And how feasible are they really?“Revenge of the Nerds.” A little known intelligence agency within the State Department—the Bureau of Intelligence and Research, or INR—has gotten some great press of late, celebrating several notable analytic victories it’s secured, often in dissent from the rest of the intelligence community. Is there some secret to INR’s success? Or is it overblown?For object lessons, Quinta shared more important NJ political corruption news. Scott awarded his song of the summer to “Right Back to It,” the single off Waxahatchee’s phenomenal “Tiger’s Blood.” And Eric recommended “Sovietistan,” a travelogue about Central Asia by Norwegian anthropologist Erika Fatland.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.
  • The “Miami Vices” Edition

    01:18:05|
    This week, Alan, Quinta, and Scott were joined by Lawfare Editor-in-Chief Benjamin Wittes to talk through some of the week’s biggest national security news stories, including:“Save the Last Gantz.” Leading opposition figure Benny Gantz has left Israel’s war cabinet over Prime Minister Benjamin Netanyahu’s failure to establish post-conflict plans for Gaza, raising serious questions about the stability of Netanyahu’s far-right government. What does Gantz’s departure mean for the future of the conflict?“Congress Shall Make No Law…Abridging the Freedom of [BEEP], or of the [PRESS ENTER KEY].” California is on the verge of enacting one of the country’s first AI safety laws. But critics are arguing that the type of restrictions it imposes may run afoul of the First Amendment. How does AI fit with the freedom of speech—and does the First Amendment put it beyond regulatory reach?“A Stale Macron is One Tough Cookie.” Recent elections to the European Parliament saw a surge in right (and particularly far-right) parties across the continent, and most specifically in France and Germany. Fearing what this groundswell might mean for his centrist coalition, French President Emmanuel Macron has sought to cut it off at the pass by calling for snap national parliamentary elections. Is this a risky strategy or a sound one?For object lessons, Ben asked listeners how they intended to celebrate #RussiaDay on June 12. Alan celebrated an inedible apple. Quinta followed up on last week’s discussion to share the American Immigration Council’s analysis of the new border executive order. And Scott sang the praises of Roka, a brand of glasses that finally stays on his dumb flat face.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.
  • The “Morning After” Edition

    01:11:55|
    This week, Quinta and Scott were joined by Lawfare Managing Editor Tyler McBrien to discuss how he is coping with the end of the New York trial and to run through some of the week’s big national security news stories, including:“A Perfect Conviction.” Last week, after less than two days of deliberation, a jury in New York state criminal court found former President Trump guilty of all 34 criminal counts on which he was being tried. He’s now scheduled to be sentenced just days before the Republican National Convention this summer, where he is expected to be named the party’s 2024 presidential nominee. What does this conviction mean for Trump’s campaign? What are his prospects for appeal? And what happens if he still wins?“Biden Time.” Last week, President Biden laid out a three-step cease-fire plan for Gaza, sending the clearest signal yet that he is intent on ending the conflict there. Both sides have accepted the plan in principle but have yet to reach agreement on the particulars—and, meanwhile, Israel’s Rafah operation has continued. Is this finally a sign of the Gaza end game? Or that the end is nigh for Israeli Prime Minister Netanyahu’s government, which is under increasing domestic and international pressure?“Order on the Border.” This week, the Biden administration unveiled a new executive order that will make it harder for migrants crossing the southern U.S. border to apply for and receive asylum during periods of high border traffic, facilitating their prompt removal. Is this move a reasonable policy measure, cynical election politics, or something else entirely?For object lessons, Quinta recommended Zadie Smith’s new-ish novel, “The Fraud.” Scott shared a note from the archives about high cetacean fashion. And Tyler passed along an inspirational story about Osaka airport’s amazing luggage record.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.