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Rational Security

The "Law and Order: Executive Victims Unit" Edition

This week, Scott sat down with his Lawfare colleagues Benjamin Wittes, Molly Reynolds, and Anna Bower to talk through another big week of national security news, including:

  • “Checked Out and Off Balance.” Over its first two weeks in office, the Trump administration has pushed against the traditional limits of congressional authority by unlawfully impounding funds, terminating federal employees contrary to statute, and seeking to dismantle at least one federal agency contrary to statute. But the Republican-controlled Congress has thus far remained almost entirely complacent, if not supportive of the president’s actions. How far will the Trump administration be able to go? And what will the long-term consequences be for the separation of powers?
  • “Jus Soli? Jus Kidding.’” As one of his first acts after returning to the White House, Donald Trump issued an executive order refusing to recognize birthright citizenship in the United States for anyone whose parents are not citizens or lawful permanent residents. All told, it seems like a clear effort to trigger a review of the traditional understanding of the 14th Amendment as implementing jus soli, meaning citizenship based on place of birth. But how likely is it to work?
  • “Fo’ Drizz(coll).” The Trump administration’s promised campaign of retribution has hit the Justice Department, where senior supervisors have been reassigned and prosecutors involved in the Jan. 6 investigations have been terminated, perhaps unlawfully. But now efforts to gather the names of FBI agents involved in those same investigations for presumed retribution are facing serious pushback, including from the Bureau’s Acting Director Brian Driscoll (known as “the Drizz”). How hard can the FBI and Justice Department push back? And where are the legal limits on what the Trump administration can do?

In object lessons, Molly chose not to gamble and stayed on-brand with her recommendation of local-NPR-affiliate podcast Scratch & Win. Ben asked himself the question that many at the FBI are asking themselves these days: “WWDD?” Scott followed the sentiment with an endorsement of “Civil servants shouldn’t quit their jobs,” by Matthew Yglesias. And Anna insisted that her reverence of the TV show Severance has absolutely nothing—really, nothing—to do with belly buttons.

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  • The “Pickled Fish in Cozy Sweaters” Edition

    01:18:37|
    This week, Scott sat down with his Lawfare colleagues Senior Fellow Eric Columbus, Ukraine Fellow Anastasiia Lapatina, and Public Service Fellow Loren Voss to talk through the week’s big news in national security, including:“Visiting Concessions.” President Trump once again turned his focus to the conflict in Ukraine, announcing last week that he and Russian President Vladimir Putin would be meeting to discuss the conflict in Budapest—though it’s not clear Putin has agreed. This occurred just days before a planned visit to the White House by Ukrainian President Volodymyr Zelensky, where Trump reportedly pressured him to make territorial concessions requested by Putin in exchange for an end to the conflict and failed to respond affirmatively to his requests for Tomahawk missiles and U.S. security commitments. Is this a real shift in the U.S. position? And what might it mean for the broader conflict?“Posse ComiSCOTUS.” After months of litigation in the lower courts, the Trump administration has finally gone to the Supreme Court regarding the legality of its domestic military deployments, seeking a stay on an injunction on its planned deployment to Chicago that was recently left in place by the Seventh Circuit. How big a decision point is this in terms of the legal authorities around domestic military deployments? And how does the Court seem poised to rule?“Material Contort.” Just weeks after designating ANTIFA a “domestic terrorism organization,” the Trump administration has brought its first set of related criminal charges, relating to a July event at a Texas immigration detention facility that left one police officer shot in the neck. The indictment includes charges under the material support for terrorism statute—but probably not the one you’re thinking of. How much does the indictment stretch the usual use of these statutes? And what does it tell us about the Trump administration’s anti-ANTIFA campaign?In object lessons, Loren thinks we should play more and recommends Wayside Farm for a pumpkin-picking, maize-mazing good time. Eric thinks we should get cozy more with a second-skin, chambray-shirt classic. Scott thinks we should reflect more with a majorly-meditative, lightlessly-enlightening retreat. And Nastya thinks we should read more with eloquent-essayist Zadie Smith’s cultural commentary, “Feel Free.” 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 “Don’t Upset the Masks” Edition

    01:13:12|
    This week, Scott sat down with his Lawfare colleagues Benjamin Wittes, Kate Klonick, and newly-minted Senior Editor Molly Roberts to talk through the week’s big national security news stories, including:“Peace by Piece.” The first phase of the Trump administration’s peace plan for Gaza went into effect on Monday, resulting in the return of the last living hostages held by Hamas to Israel, among other exchanges. President Trump celebrated the moment with a triumphal speech in front of the Israeli Knesset, followed by a peace conference at Sharm el-Sheikh where the United States signed a joint statement with the heads of state of Egypt, Qatar, and Turkey. While much work remains to be done on implementing the deal, even Trump’s Democratic political rivals have lauded the deal. How much credit does the Trump administration truly deserve? And where is the conflict likely to head from here?“Un-Civil Service.” Since the U.S. government shut down at the end of September, U.S. agency websites and emails have been plastered with messages unequivocally blaming congressional Democrats and the “radical Left.” It’s an unprecedented use of government resources for a set of messages that looks quite political—exactly what the Hatch Act, among other laws, was intended to prevent. Are these messages consistent with the law? “Out of Our Element.” China kicked off a major new phase in its economic war with the United States last week, when it imposed major new export controls and rare earth metals and components derived from them—materials essential to various high-end technologies, including the semiconductors that power artificial intelligence. President Trump has since responded with a threat to impose 100% tariffs on Chinese imports—but what China may really want is a relaxation of export controls on AI-related semiconductors. How big a threat is China’s weaponization of its rare earth exports? And how should the United States and its allies respond?In object lessons, Ben shares his new campaign to troll the Russian embassy—an offensive involving 100 dead sunflowers. Kate has an existential crisis over her (old? new? what is time?) college sweatshirt. Scott gets spicy with a plea to listeners about what to do with his abundance of Bhut Jolokia peppers. And Molly brings a bit of beauty to the party with a Prinsesstårta, no doubt something she’ll be asked to make for the office.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 “F*cked by Five” Edition

    01:24:23|
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  • The “Sweet Dreams Are Made of Cheese” Edition

    01:25:08|
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  • The “I AM an Object Lesson” Edition

    01:13:04|
    This week, Scott sat down with Senior Editors Kate Klonick and Eric Columbus to talk through the week’s big national security news stories, including: “An Un-Airing of Grievances.” Since the assassination of conservative activist Charlie Kirk, some supporters of his—including several figures within the Trump administration—have actively sought to have individuals who have said critical or purportedly insensitive things about Kirk removed from their jobs or otherwise punished. This arguably came to a head after Jimmy Kimmel Live! was pulled from the air following statements by FCC Chairman Brendan Carr suggesting networks might face additional regulatory scrutiny for not addressing alleged misinformation about Kirk’s killer he purportedly put forward. And while Kimmel is now back on the air, several major local affiliates are refusing to air his show. How do these efforts comport with the First Amendment? And what do they mean for freedom of speech regardless?“You Can’t Spell Appeasement Without App.” After months of negotiations—during which it has held off on enforcing a statutorily mandated ban—the Trump administration has announced that it has reached a deal with China regarding the disposition of the social media platform TikTok and its operation in the United States. But the public details of the deal have been few and far between, and much more remains to be worked out. How close to a deal are the parties in actuality? And does it address the national security concerns motivating Congress’s ban in the first place?“Playing with White House Money.” The Trump administration has been rocked by two major corruption-related stories in the past week. First, the Justice Department is reported to have closed an investigation into White House immigration czar Tom Homan, who reportedly accepted $50,000 from undercover FBI agents prior to joining the administration on the understanding that he would help the donors gain access to the incoming Trump administration. And second, new details suggest that the recent deal to permit chip sales to the UAE were tied up in a variety of major cryptocurrency deals that enriched both the Trump Organization and others in the Trump administration—only the latest in a long history of suspect cryptocurrency transactions by Trump-related businesses. How big a problem are these transactions? And what do they tell us about the state of corruption on the second Trump administration?In object lessons, Eric marked the Jewish New Year with a novel recommendation: “To Rise Again at a Decent Hour,” by Joshua Ferris, a midlife-crisis tale woven through Judaism, baseball, and dentistry—two subjects close to his heart, and one that isn’t. Scott, meanwhile, is back on the D.C. concert circuit and wants you to join him at Union Stage on October 14 to see Katie Pruitt, whose rock-infused Americana sound he thinks deserves a bigger audience. Kate rounded things out with a little blue hippo—specifically the souvenir version of the famous Egyptian figurine better known as “William,” a reminder of a past mother-daughter trip to Paris that involved butchering French while scouring the Louvre.
  • The “Ten Years, Still Off-Key” Edition

    01:46:52|
    For this week's very special episode on Rational Security's 10th anniversary, Scott sat down with a slew of co-hosts emeritus, each of whom brought their own topic to discuss.Shane Harris flagged the connections between online radicalization and the young men behind many recent public acts of gun violence, including the alleged perpetrator of the Charlie Kirk killing;Benjamin Wittes insisted we are STILL not talking enough about Russian drone incursions and other forms of gray zone warfare in Eastern Europe;Quinta Jurecic brought some statistics about the success (or not) of the Trump administration's federalization of law enforcement in D.C. (and elsewhere) that are worth contemplating; andAlan Rozenshtein asked how it can still be true that no one but him seems to care about the Trump administration blatantly disregarding the TikTok ban.In object lessons, Shane is basking in the glory of HBO’s “Somebody Somewhere”—partly because his buddy Jeff Hiller just won an Emmy for his role in it. Ben praises Adam Boehler—and even Donald Trump—for helping secure Elizabeth Tsurkov’s release. Alan is definitely not using this opportunity to use Pacific Rim for his object lesson—really—instead recommending fantasy mystery “The Tainted Cup,” by Robert Jackson Bennett. Scott takes us into orbit with Samantha Harvey’s “Orbital,” a lyrical meditation on life and reflection in space. And Quinta dives into the future with “Empire of AI,” by Karen Hao, a deeply reported look at OpenAI and its role in shaping the technology’s trajectoryLast call to help us celebrate Lawfare’s 15th anniversary! Get your tickets now to join us this Friday, 9/19, to hear from some of your favorite Lawfare people past and present, take a look back on the key moments that have shaped our first 15 years, and get a sneak peek into what’s coming next.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 “Trump Ruined My Dinner” Edition

    01:10:03|
    This week, Scott sat down with his Lawfare colleagues Benjamin Wittes and Natalie Orpett, and Professor of Law at Cardozo Law School Rebecca Ingber, to talk through the week’s big national security news, including:“Uninvited Aerial Vehicles.” The Polish government is claiming that nineteen armed Russian UAVs penetrated its airspace last night. While Russians are suggesting no attack was intended, Poland has invoked Article IV of the NATO Treaty and worked with allied NATO aircraft to shoot the drones down. What might be happening here? And does it mean we’re on our way to World War III as some are suggesting?“Bibi is a Killer Negotiator. No, Wait—Switch That.” Within days of the Trump administration tabling another ceasefire proposal—and, by some accounts, making progress in pressuring Hamas to accept it—Israeli Prime Minister Benjamin Netanyahu authorized a set of missile strikes that killed the leaders of Hamas’s political wing in nearby Qatar. It’s the first such move in a Gulf country, many of which have moved towards normalization with Israel through the Trump-backed Abraham Accords. What explains Israel’s actions? And what do they portend for the conflict in Gaza and the region as a whole?“Cruise Control.” A week has passed since the Trump administration took the controversial step of targeting a boat alleged to be smuggling narcotics at the direction of the Venezuelan criminal organization Tren de Aragua with lethal force. The Trump administration hasn’t repeated the move, but it’s said it intends to. And U.S. military assets—including strategic assets whose use in a counter-narcotics military campaign is far from clear—have continued to build up in the region, leading some to believe that a broader campaign against Venezuela itself may yet be in the offing. How likely is a broader campaign? And could its implications be, legally and politically? In Object Lessons, Ben is cheering on a cadre of former FBI agents suing Kash Patel over their firings, and in the process, sings the praises of an accidental hero—the “Drizz.” Natalie, meanwhile, gets très littéraire with “The Elegance of the Hedgehog,” by Muriel Barbery—a book so French that almost nothing happens. Scott rang in his 8th wedding anniversary the traditional way: getting drunk in the basement and falling in love all over again—with The Paper. And Bec wonders just how much coin it’s going to take to change the Department of Defense to the Department of War.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 “Master of the House” Edition

    01:20:17|
    This week, Scott sat down with his Lawfare colleagues Anna Bower, Tyler McBrien, and Peter Harrell to talk through the week’s big national security news stories, including:“Faginomics.” With the recent announcement that the U.S. government would be taking a 10% stake in the company Intel, the Trump administration has ushered in a new era of state-guided industrial policy, fueled by concerns of major power competition, particularly around the race to AI. How does this new policy intersect with its other novel economic priorities, such as the imposition of tariffs? And how legally viable is it, given present (and potentially future) legal challenges?“Ménage à Trois.” On the margins of the recent meeting of the China- and Russia-led Shanghai Cooperation Organisation, Indian Prime Minister Narendra Modi made a point of warmly (and very publicly) embracing Russian President Vladimir Putin and Chinese President Xi Jinping—a move many have taken as a clear shot across the bow at the Trump administration, which has been in heated economic negotiations with India over tariffs and trade relations. What does this exchange say about the Trump administration’s handling of the U.S. relationship with India—and other key U.S. relationships?“Midnight Planes Going Nowhere.” In an emergency hearing over the holiday weekend, federal judge Sparkle Sooknanan stopped the Trump administration from deporting hundreds of unaccompanied Guatemalan minor migrants to their home country—a move that the government of Guatemala has now claimed that it invited. What should we make of this move by the Trump administration? And how does it fit within its broader immigration crackdown?In object lessons, Tyler biked to City Island, NY, discovering a charming little enclave with great food, shops, and beaches. Sticking with the New York theme, Anna recommends “John Proctor is the Villain,” a play by a writer from her Georgia hometown that’s so good it’s making women cry. Scott, meanwhile, left New York behind to live his best Neapolitan life with a new backyard pizza oven that can achieve the appropriate temp for a puffy crust. And Peter’s been reading “When the Clock Broke,” a reminder that the 1990s may have been the dress rehearsal for our current political dumpster fire, all the while keeping an eye on challenges to Trump v. Casa.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.