Rational Security

By: The Lawfare Institute
  • Summary

  • A weekly discussion of national security and foreign policy matters featuring Lawfare senior editors Scott R. Anderson, Quinta Jurecic, and Alan Rozenshtein.

    Hosted on Acast. See acast.com/privacy for more information.

    The Lawfare Institute
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Episodes
  • The "Law and Order: Executive Victims Unit" Edition
    Feb 5 2025

    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.

    We value your feedback! Help us improve by sharing your thoughts at lawfaremedia.org/survey. Your input ensures that we deliver what matters most to you. Thank you for your support—and, as always, for listening!

    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.

    Use promo code RATIONALSECURITY at the link below to get an exclusive 60% off an annual Incogni plan:

    https://incogni.com/rationalsecurity


    Hosted on Acast. See acast.com/privacy for more information.

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    1 hr and 17 mins
  • The “Don’t Cry for Me, Lawfare” Edition
    Jan 29 2025

    This week, Scott was joined by his colleagues Kevin and Eugenia—in what is sadly her last episode before leaving Lawfare—as well as special guest Peter Harrell for a deep dive into the week’s national security news, including:

    • “Tariff or Takeoff.” The Trump administration got into what is arguably its first major international spat this week when Colombia’s refusal to accept a U.S. military flight returning migrants to that country led President Trump to threaten an array of punitive measures, from visa cut-offs to sanctions and tariffs. After Colombian President Gustavo Petro backed down, the White House was quick to claim victory. But how sustainable is Trump’s strategy? And is it really the route to restoring respect for the United States that the White House claims it is?
    • “Talk to Me When They Get To ‘Project: The Fifth Element.’” Last week, the Trump administration announced Project Stargate—an initiative not to revive ‘90s sci-fi classics, but to instead make a massive investment in the U.S. development of artificial intelligence and related technologies. But a few days later, an announcement by Chinese AI platform DeepSeek indicating it had reached comparable results at a lower cost triggered a sudden decline in the value of AI-related stocks. What do these developments tell us about the competitive dynamics surrounding AI? And how should the United States be navigating them?
    • “A Friend in Need is a Friend Shit Out of Luck.” The Trump administration has issued an across-the-board freeze of U.S. foreign assistance programs for 90 days as it reviews them for consistency with the administration’s vision of “America First” foreign policy. But what ramifications will this pause really have for U.S. foreign policy and beyond?

    For object lessons, Kevin plugged the Seattle University School of Law’s Technology, Innovation Law, and Ethics Program. Eugenia got back to her roots in recommending the indie RPG video game Wildermyth, which follows a troupe of fantasy heroes from modest origins through their sunset years. Scott out-nerded Eugenia by recommending a pen-and-paper indie RPG, the physically gorgeous Thousand Year Old Vampire. And Peter kept it professional by recommending Arthur Herman’s book “Freedom’s Forge” as a case study on U.S. industrial policy that may have lessons for our current historical moment.

    Use promo code RATIONALSECURITY at the link below to get an exclusive 60% off an Incogni annual plan:

    https://incogni.com/rationalsecurity

    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.


    Hosted on Acast. See acast.com/privacy for more information.

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    1 hr and 16 mins
  • “The Next First Day of the Rest of Our Lives” Edition
    Jan 22 2025

    This week, Scott sat down with his Lawfare colleagues and hosts emeriti Benjamin Wittes, Quinta Jurecic, and Alan Rozenshtein to talk through the week’s big—and we mean BIG—national security news, including:

    • “Executive Disorder.” America’s once-and-future President Donald Trump hit the ground running, issuing dozens of executive actions on his first afternoon in office, from once again withdrawing from the Paris climate agreement to pardoning or commuting the sentences for almost everyone involved in the Jan. 6 insurrection. But which actions are important and which are just for the show? And what do they tell us about what to expect from a second Trump presidency?
    • “Swiping Up on Consistency.” The Supreme Court’s decision to uphold the law banning TikTok triggered an unexpected crisis last week, as TikTok users who suddenly realized the platform was in danger apparently mounted a pressure campaign against elected officials that led several, including President Biden, to waffle on the desirability of the ban. But incoming President Donald Trump, who once tried to ban TikTok himself, jumped in with an order temporarily delaying the ban—a move that TikTok thanked him for by name in a notice on the platform after service was restored. What explains the sudden about-face among supporters of the TikTok ban?
    • “Cease and Assist.” After more than a year of brutal hostilities, the parties have finally agreed to a ceasefire in the conflict over Gaza. But as Israeli hostages are gradually let free, humanitarian assistance resumes, and displaced Gazans return to their devastated neighborhoods, real questions remain. Is this just a pause or an end to the conflict? And what comes next in Gaza either way?

    In object lessons, Ben encouraged listeners to listen to Merrick Garland’s farewell speech to the Justice Department, regardless of how you feel about the former attorney general. Quinta embraced a sense of escapism with her praise of the Wallace & Gromit movies, particularly the newest addition to the franchise, Wallace & Gromit: Vengeance Most Fowl. And Scott—wondering what will become of us now—mustered up his best inner disgruntled, middle-aged Millennial voice to recommend Michael Longfellow’s plea to not ban TikTok from SNL’s Weekend Update.

    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.


    Hosted on Acast. See acast.com/privacy for more information.

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    1 hr and 21 mins

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