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The “Courtroom Drama” Edition Jan 11, 2024

Show notes

This week, Quinta and Scott were joined by Lawfare Executive Editor Natalie Orpett to discuss the week’s big national security and courtroom news, including:

“Ergo Omnes.” South Africa has brought Israel to the International Court of Justice for actions relating to its military campaign in Gaza, based on a novel legal theory that alleges Israeli violations of the Genocide Convention and asserts standing by virtue of the universal obligation to prevent genocide. What practical impact is this litigation likely to have? And what does it mean as a precedent for the international community?
“Cert(ain Doom) Petition.” The Supreme Court has officially taken up former President Trump’s appeal of a Colorado Supreme Court decision disqualifying him from the 2024 ballot there on the grounds that he is ineligible to hold office. While some have welcomed the chance to nationalize Colorado’s holding, others have warned that doing so would be a grave blow to popular democracy. How might the matter play out? And what will it mean for the 2024 election and after?
“Void Austin.” Secretary of Defense Lloyd Austin spent several days in the hospital earlier this month—without notifying the White House, leaving what some believe was a gaping hole at the highest level of the U.S. military chain of command. How big a problem was this? What steps should be taken in response?

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The “Dry January” Edition Jan 04, 2024

Show notes

This week, Quinta and Scott were joined by Lawfare Legal Fellow Anna Bower to talk through the week’s big national security news, including:

“Hamas, No Más.” A senior Hamas official was recently killed in an attack in Beirut, in what many believe was an operation by Israel—a country whose leaders have pledged to target Hamas’s leaders wherever they might be, though it has not formally acknowledged involvement in this particular attack. But pursuing such action across a border that is already on the edge of becoming a second front in the Gaza conflict has observers nervous. How significant is this operation? Does it risk regional escalation?
“Bad for the Immune System.” Just before the holiday, the Supreme Court rejected special counsel Jack Smith’s petition for it to expedite consideration of former President Trump’s claim of immunity to criminal charges. And in the week that’s passed, briefing is already underway—including an argument by an amicus asserting that appeal shouldn’t be allowed at all. What hangs on this case? And how do the courts seem poised to address it?
“The Unprincipled Agent Problem.” The Justice Department has leveled additional charges against Sen. Robert Menendez and his wife alleging additional illegal actions in support of Qatar, including some in violation of the Foreign Agents Registration Act. Meanwhile, several associates of former President Trump have faced similar charges for alleged work for the same government. What should we make of these powerful public officials and their associates doing work for foreign governments? And is FARA the right tool to address it?

For object lessons, Quinta continued to suck up to the estate of Roberto Bolano by endorsing his book “The Savage Detectives.” Scott spilled the beans on one of Denver’s lovely speakeasies, B&GC. And Anna urged folks to try out a Tarot Card reading for the New Year—advice Fox News appears to have taken on former President Trump’s behalf.

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The “Unboxing Day” Edition Dec 28, 2023

Show notes

This week, Quinta and Scott rang in the New Year with co-host emeritus Benjamin Wittes by discussing some listener-submitted topics, including:

What does the AUKUS deal mean for the Five Eyes intelligence relationship?
How can courts enforce a gag order against former President Trump?
What would a President Nikki Haley mean for the Republican Party’s foreign policy?
Which is better, wizards or fighters?
Could anything stop former President Trump from appointing a cabinet of loyalists if elected back into the White House?
How is misinformation impacting public understandings of the Gaza conflict?
What advice would you give to folks beginning law school—and those married to them?
Could we just do away with hard printouts of classified information altogether?
How will China’s economic and demographic challenges impact its decision-making on Taiwan?
What does Prighozin’s death mean for Wagner in Africa?
What was your most (or least) favorite media of the year?

As for object lessons, they shared several sent in by listeners, including:

The video game Pentiment, a murder mystery set in Renaissance Bavaria;
The book “Palestine 1936: The Great Revolt and the Roots of Middle East Conflict” by Oren Kessler;
The “anti-reactionary conservative news site” The Dispatch, including its podcasts Advisory Opinions, The Remnant, and The Dispatch Podcast;
The book “Three Dangerous Men” by Seth Jones, examining military leaders in China, Iran, and Russia;
The book “Killers of the Flower Moon”by David Grann (but not the movie);
The podcast “The Prince”about the rise of Xi Jinping (along with The Economist’s other phenomenal podcast work);
The book “Listen Liberal: Or, What Ever Happened to the Party of the People” by Thomas Frank;
The new book “For the People, For the Country” by John Ragosta, a political biography of Patrick Henry;
And LinkedIn as the hot new social networking site!

Thank you to everyone for listening to Rational Security and supporting Lawfare throughout the year. We hope you enjoy a Happy New Year, and we will be back in your feeds in 2024!

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The “Arose Such a Clatter” Edition Dec 21, 2023

Show notes

This week, Quinta and Scott were joined by Lawfare Executive Editor Natalie Orpett and Cyber Fellow Eugenia Lostri to talk through the big national security news waking us up from our long winter’s nap this week, including:

“Rocky Mountain, Bye.” Colorado’s Supreme Court has bid goodbye to former President Donald Trump’s 2024 candidacy (for now, at least), holding in a 4-3 ruling that he is disqualified as a candidate by virtue of Section 3 of the 14th Amendment. Will this ruling hold? And where will it go from here?
“Houthis to Sea, so Rudely, a Wop Bop a Loo Bop a Wop Bam Boom.” Attacks by Yemen-based (and Iran-backed) Houthi rebels have led major shippers to avoid the Red Sea, dealing a serious blow to global commerce. But the United States and a coalition of allies has announced a new maritime effort—the (perhaps too) aptly named Operation Prosperity Guardian—to keep trade flowing. What will this military operation look like? And what will it mean for the global economy?
“Not So Bueno(s) Aires?” Argentina has a new president in the form of eccentric populist economist and literal dogfather Javier Milei. What does his election mean for the future of the country? We have a live dispatch from Buenos Aires to talk it over.

For object lessons, Quinta recommended Jennifer Egan’s 2022 classic “A Visit From the Goon Squad”and her latest “The Candy House.” Scott shared his preferred recipe for mulled wine and the secret ingredient: star anise. Natalie shared a wealth of new materials celebrating civil rights leader Bayard Rustin, including a new film Rustin, as well as a recent profile in The New Yorker. And Eugenia gave the people what they want with her endorsement of the Dragon Age series of games.

We’ve pushed back the recording of our annual end-of-year listener-submitted episode, so you have until December 23 to send in whatever topics and object lessons you want us to discuss! Just email them to rationalsecurity@lawfaremedia.org.

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The “A Friend in Need is a Friend’s Security Guaranteed” Edition Dec 14, 2023

Show notes

This week, Quinta and Scott were joined by Lawfare Managing Editor Tyler McBrien to talk through the week’s big national security news, including:

“You’ll Shoot Your Five Eyes Out with a Bibi Gun.” From Ukraine to Gaza, some of the biggest controversies surrounding U.S. foreign policy hinge on the assistance—including weapons and intelligence—that the United States provides to its allies. What makes these relationships so complicated?
“The Sock-It Docket.” Late last week, Special Counsel Jack Smith executed a power move, bringing former President Trump’s appeal of the denial of his claim of absolute presidential immunity directly to the Supreme Court—through what is often called the “rocket docket”—and citing precedents from the Nixon era suggesting the Supreme Court should resolve the issue within weeks. What does this move tell us—and how likely is Smith to win his case?
“Netanya-who?” President Biden’s bear hug of the Israeli prime minister may be loosening, as he has reportedly told donors that Netanyahu must go if Israel is to retain international support. How serious a move is this? And what might it mean for the conflict in Gaza?

For object lessons, Quinta continued to show off her bookshelf by recommending Jeff Horwitz’s “Broken Code.” Scott flagged for listeners that “White Christmas” is, in fact, the best holiday movie and no one should try to argue otherwise. And Tyler endorsed Julie Byrne’s album from earlier this year, “The Greater Wings.”

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The “Based in Eunuchs” Edition Dec 07, 2023

Show notes

This week, co-hosts Quinta and Scott were joined by co-host emeritus Benjamin Wittes to talk over the week’s big national security news, including:

“Stalled and Appalled.” Ukraine’s counteroffensive to try and reclaim Russia-held parts of eastern Ukraine appears to have stalled, triggering a degree of finger-pointing on both sides of the Atlantic—just as U.S. and European support for their military campaign appears to be waning. What does this mean for the next stage of this conflict?
“Parting the Red Sea.” Since the start of the war in Gaza, U.S. and allied diplomatic and military presences have come under attack by Iran-backed proxies throughout the Middle East. Now the Iran-backed Houthi faction in Yemen is targeting commercial shipping in the Red Sea with purported Israeli ties. What’s motivating these actions? And how do they change the regional security picture?
“One Day Soon, I’m Gonna Tell My Goons, About the Blassingame.” Former President Donald Trump suffered two big legal losses in cases relating to Jan. 6 this past week, as both the D.C. Circuit in the civil suit against him and the trial court in his criminal prosecution held that he was not immune for prosecution by virtue of being the president. What will these decisions mean moving forward on the civil and criminal fronts?

For object lessons, Quinta shared an amazing development in the Menendez case. Scott pulled a musical hat-trick and endorsed the newish venue The Atlantis, the phenomenal Lydia Loveless (who he just saw there), and (since it is December) Ingrid Michaelson’s holiday album Songs for the Season—and specifically the sob-inducingly melancholy song, “Happy, Happy Christmas.” And Ben plugged the Romanian Madrigal Choir show he attended at the National Cathedral while also logrolling for the new (non-Lawfare) podcast feature he rolled out on his substack Dog Shirt Daily and related podcast “Read with Me,” which features readings of major filings and opinions in the Trump trials.

Also, we are beginning preparations for our end-of-year listener-submitted episode! If you have a topic you want us to cover, a question you want us to answer, or an object lesson you want to share, send it along to us at rationalsecurity@lawfaremedia.org no later than December 18!

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The “We’re Moving to Microsoft” Edition Nov 30, 2023

Show notes

This week, a contentedly full post-Thanksgiving Scott and Quinta sat down with two Lawfare colleagues—Senior Editor and Brookings Institution Senior Fellow Molly Reynolds and Cyber Fellow Eugenia Lostri—to talk through the week’s big national security news stories, including:

“Showdown with an Only O.K. Rationale.” The House and Senate are preparing for a showdown over national security priorities, with assistance for Ukraine (and Israel and border security) hanging in the balance. Where does the debate seem likely to go from here—and what will the global ramifications be?
“Bringing Down the @SamA.” OpenAI, the non-profit(?) behind ChatGPT, has had a chaotic few weeks, with its board ousting CEO Sam Altman on the apparent grounds that he was not taking AI safety concerns seriously enough, only for the vast majority of organization’s employees to threaten to resign unless he was brought back—a step the board took, just before most of its members resigned. What do these events tell us about the state of the AI industry?
“Carpe Ceasefire.” A fragile pause in hostilities has emerged centered on the exchange of Israeli hostages held by Hamas for imprisoned Palestinians—momentum the Biden administration is reportedly hoping to build on. Yet calls for a permanent ceasefire continue amidst mounting civilian casualties and humanitarian needs, and there remains no clear plan for a post-war Gaza. How long will the pause last? What happens when hostilities resume?

For object lessons, Quinta recommended the 1990s classic “Distant Star” byRobert Bolaño. Scott gave his Thanksgiving gold star to Eric Kim’s creamy mac and cheese recipe. Molly leaned into her love for local NPR affiliates and recommended WGBH’s podcast “The Big Dig,” focusing on Boston’s legendary highway project. And secret gamer nerd Eugenia recommended a compelling video game that even parents of toddlers have time to tackle, What Remains of Edith Finch.

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The “Talking Turkey” Edition Nov 16, 2023

Show notes

This week, Quinta and Scott were jointed by Lawfare Managing Editor Tyler McBrien to talk over some of the week's big national security news, including:

“The Day After.” As the war in Gaza enters a new phase, discussions are increasingly shifting to focus on how Israel will handle a post-Hamas Gaza Strip—and what long-term impact the conflict will have on the West Bank. How is the day after this war coming into focus?
“Not Just America’s Mayor…” New York City Mayor Eric Adams is being investigated for accepting donations from a Turkish foundation and other organizations with ties to Turkish President Recep Tayyip Erdoğan, just before lobbying for the early opening of a Turkish consulate in the city. Has Adams done anything wrong? What else could this investigation be looking into?
“Election Interference Interference Interference.” A lawsuit over the U.S. government’s engagement with social media is interfering with the FBI’s efforts to interfere with those hoping to interfere in our elections—including the upcoming presidential race in 2024. What threats does this chilling effect present? How should the Biden administration be responding?

For object lessons, Quinta recommended “The Vaster Wilds,” Lauren Groff's new adventure story exploring the experience of colonialism. Tyler endorsed Albert Brooks: Defending My Life, the new documentary about the legendary (at least among people over 30) comedian. And Scott told readers to check out “A City on Mars” by Kelly and Zach Weinersmith for a fun (if pessimistic) exploration of all the challenges facing humanity's budding efforts to expand into outer space.

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The ”Alan Revoir” Edition Nov 09, 2023

Show notes

This week, Quinta and Scott bade a temporary farewell to Alan and spent one last afternoon (for a few months, anyway) digging into the week’s big national security news stories, including:

“Ceasefire or Misfire?” We are now one month into Israel’s military campaign in the Gaza Strip. As civilian casualties continue to mount and Israel’s ground operations get underway, there are growing calls for a ceasefire—calls that the Biden administration may now be taking up, in more limited and temporary fashion. Where are we in this conflict? Is there any end in sight?
“Freedom of Screech.” Former President Trump’s speech—and the right to it—is increasingly becoming an issue in his various criminal and civil trials, both legal and otherwise (as evidenced by a recent bout of angry shouting he pursued on the stand in his New York civil case). How have courts been balancing the equities? Is there something they can do better?
“No, no—THAT’s what the Insurrection Act is for.” In an effort spearheaded by co-conspirator number four himself Jeffrey Clark, President Trump and his allies are reportedly planning for a revenge campaign if he returns to the White House, beginning with a complete takeover of the Justice Department. How realistic are these plans? What can be done to stop them?

For object lessons, Alan recommended Sandra Newman’s “Julia,” a retelling of the classic “1984” from a new perspective. Quinta gave a similar bump to Brandon Taylor’s new novel, “The Late Americans.” And Scott rolled logs for his latest piece for Lawfare, a retrospective on the legacy of the War Powers Resolution fifty years after its enactment.

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The “Regulatory Cage Match” Edition Nov 02, 2023

Show notes

This week, Alan, Quinta, and Scott were joined by Lawfare Fellow in Technology Policy and Law Eugenia Lostri to tackle some of the overlooked national security stories that have been percolating the past few weeks, including:

“BrokenAI?” The Biden administration has rolled out a groundbreaking new Executive Order on Artificial Intelligence that seeks to take the first steps towards a real regulatory regime for this revolutionary technology. Is this a responsible step? Or does it threaten to put the U.S. development of AI in a regulatory cage?
“Ending the Fracas in Caracas.” The Biden administration is taking a step towards thawing relations with the Maduro regime in Venezuela, easing sanctions at least temporarily in exchange for the release of political prisoners and a promise to hold competitive elections—though Maduro has yet to agree to ensure that most prominent opposition figures will be allowed to participate. Is this a smart way forward or folly?
“Let’s Get Mikey to Do It, He’ll Try Anything.” We have a new Speaker of the House in the form of Rep. Mike Johnson. And he has decided to open his speakership with a bold move: separating aid from Israel out from other emergency measures and insisting that it be funded by cuts from the Internal Revenue Service—a move that President Biden has promised to veto and that Senate Minority Leader Mitch McConnell has come out publicly against. What does this tell us about the direction Congress is headed in the weeks to come?

For object lessons, Alan shared a bit of comedy in the form of Jeff Maurer’s satire of statements on the Gaza conflict, “Windex Ain’t Scared.” Quinta recommended the second season of “Our Flag Means Death” for a delightful romcom about bloodthirsty pirates. Scott celebrated the power of love. And Eugenia recommended the video game Pillars of Eternity for those desperate to play Baldur’s Gate III but whose computers cannot handle it.

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