Rational Security

This week, Scott sat down with his Lawfare colleagues Kevin Frazier, Roger Parloff, and Molly Roberts to talk through some of the week’s big news in AI, including: “Citizen Cain’t.” When the NAACP sued Elon Musk’s xAI under the Clean Air Act—alleging that the company built dozens of gas-fired turbines to power a data center in Mississippi without relevant air permits and exposing nearby, predominantly Black communities to harmful pollution—the Justice Department opted to do something it has never done before: it intervened in a citizen suit against a private company in order to kill it. DOJ’s motion offers two theories: first, that shutting down the turbines would threaten national security because the military relies on xAI’s Grok Gov model (including in relation to the Iran war) to secure the nation, and second, that the Constitution’s vesting of executive power in the president means private citizens cannot enforce federal law over the executive’s objection. How strong are these arguments? And what would it mean for environmental and other citizen-enforcement suits if DOJ were to prevail?“Grok the Vote.” We may be living through the first true “AI elections.” In Manhattan’s NY-12 Democratic primary, more than $40 million in AI-industry and AI-safety money turned a little-known assemblyman, Alex Bores, into something of a national referendum on whether voters care about AI regulation and AI safety—though Bores ultimately lost to Micah Lasher this week. Meanwhile, overseas in Malaysia, parties are using chatbots and other AI-driven technologies to reach out to voters in new and novel ways. And just this week in Washington, a new study has concluded that frontier AI is perhaps more persuasive than ever, but also may not be as politically neutral as some suspect or one might hope. What does this all mean for democratic politics when both money and the messaging involved in our politics are increasingly shaped by AI?“Kill, Kill Switch, Kill, Kill!” The government's frontier-AI "kill switch" is now ready to have its first day in court. If you recall, a few weeks ago, the Commerce Department's Bureau of Industry and Security sent Anthropic an "Is Informed" letter ordering it to suspend all access to its Fable 5 and Mythos 5 models for any foreign nationals, including its own employees. This ultimately led Anthropic to pull access to those models for everyone within hours. But this past Monday, June 22, a technology startup called Legion LegalTech filed a lawsuit against the U.S. government alleging that it has acted in a way that is unlawful and raises a number of statutory and constitutional concerns. How strong is the legal challenge, and what does it tell us about whether courts—rather than the executive—will end up defining the government's power to switch a frontier model on and off?In object lessons, Molly sticks to the script for this week’s episode with her call-out of Erik Nitsche’s “Atoms for Peace” poster series for General Dynamics. Also inspired by this week’s theme, Kevin dives into some “light summer reading” about technology, globalization, and the law with “Rules for a Flat World,” by Gillian Hadfield. Roger, similarly, is “unwinding” with “The Winter Warriors,” by Olivier Norek, a novel about the lesser-known David vs. Goliath story of Finland taking on the Soviet Union in 1939. And Scott says enough already! He’s headed on vacation next week, and so is Rational Security. We’ll be back with a new episode and a rejuvenated Scott on July 9. 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.

This week, Scott sat down with cohost emeritus and Lawfare Research Director Alan Rozenshtein, Lawfare Managing Editor Tyler McBrien, Lawfare Public Service Fellow Julia Curlee, and Lawfare Contributing Editor and Vice President of Research, Security and Defense at the Chicago Council on Global Affairs Ariane Tabatabai, to talk through the week’s big national security news stories, including: “Fission Accomplished.” After nearly four months of war, the United States and Iran have reached a deal to end the conflict—with Trump declaring it “complete” and authorizing the reopening of the Strait of Hormuz ahead of a formal signing ceremony set for June 19 in Switzerland. But the agreement leaves enormous questions unresolved, from the fate of Iran’s enriched uranium to sanctions relief to whether the ceasefire extends to Israel’s campaign in Lebanon. Is this the durable peace Trump claims, or a fragile pause papering over the hardest issues?“Model Misbehavior.” Days after Anthropic publicly released its powerful new Claude Fable 5 model, the Commerce Department imposed export controls barring any foreign national—inside or outside the U.S.—from accessing it, forcing the company to disable the model worldwide. The administration says Anthropic recklessly refused to fix a dangerous jailbreak; Anthropic says it was a narrow, non-serious vulnerability and the order is a misunderstanding. What does this episode tell us about the government’s expanding use of export controls on AI—and its increasingly adversarial relationship with one of the country’s leading labs?“Bad Vibrations.” In one of her final acts as Director of National Intelligence, Tulsi Gabbard rescinded two Biden-era intelligence assessments that had cast doubt on whether a foreign adversary was behind “Havana Syndrome,” the mysterious ailments afflicting U.S. spies and diplomats. Gabbard’s office says the prior assessments cherry-picked intelligence to support a predetermined conclusion; critics worry about a politically motivated rewrite of analytic findings on the way out the door. What should we make of this last-minute reversal, and what does it mean for the future of the Havana syndrome debate—and Gabbard’s legacy as DNI?In object lessons, Tyler remains steadfast in his mission to ensure that no one ever runs out of podcasts, this week plugging A Whole Other Country, a discovery from Tribeca Festival Audio. Alan embraces peak dad-tech with his bbq upgrade—a new, after-market temperature controller. Scott savors a delightfully spicy Supreme Court dust-up in FS Credit Opportunities Corp. v. Saba Capital Master Fund, Ltd. And Julia celebrates her mug, an appropriate mainstay during her post-White-House-PDB “deep state therapy hour.” 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.

This week, Scott was joined by his Lawfare colleagues Benjamin Wittes, Michael Feinberg, and Molly Roberts to talk through the week’s big news in national security, including: “Blanche Check.” DOJ may soon have a new permanent leader, as President Trump has now formally nominated Acting Attorney General Todd Blanche to the role permanently. But to secure Trump’s support, Blanche has indulged some of Trump’s most concerning instincts, as evidenced by the attempt to establish an anti-weaponization fund for Trump allies and renewed indictments of figures like former FBI Director James Comey. Meanwhile, DOJ has seen scandal after scandal during Blanche’s tenure over the rapidly declining quality and credibility of its work, exemplified most recently by evidence of grand jury tampering, arguably, in the Broadview Six prosecutions. What should we expect of DOJ under a confirmed Blanche? And how enduring will some of the harm that may result be for the department?“Tinker, Tailor, Realtor, Spy.” President Trump’s decision to dual-hat Federal Housing Finance Agency director Bill Pulte—a man with no national security experience, who is best known for using his role at the FHFA to facilitate some of Trump’s most transparent attacks on perceived political enemies—as Acting Director of National Intelligence has triggered strong reactions across the political spectrum. This includes a threat by congressional Democrats to kill renewal of Section 702 surveillance authorities if Pulte remains in the acting position. But Trump has thus far refused to back down. What does Pulte’s appointment—and the potential expiration of Section 702—mean for national security?“Pratt Falls.” The open primary in the Los Angeles mayor’s race is over, and Trump-endorsed candidate Spencer Pratt finished just outside the final two who will proceed into the general election. But U.S. Attorney Bill Essayli, a Trump loyalist, has suggested that voter fraud investigations are ongoing, leading some other Republican officials and leaders to call the results into question. What should we make of these unsubstantiated allegations? And are they a preview of what Republicans have planned for 2026? In object lessons, Mike is kraken himself up over his plans to create the ultimate toy for his child. Ben is announcing the beta release of RAGtime, the tool that he (and Claude) developed to comb through large, messy datasets. Scott is heating things up in his backyard with his new Gozney pizza oven. And Molly is quacking up about her mallard, acquired from (the now unfortunately closed) Archipelago in Maine.  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.

This week, Scott sat down with his Lawfare colleagues Ukraine Fellow Anastasiia Lapatina and Managing Editor Tyler McBrien, and Lawfare Contributing Editor and Vice President of Research, Security and Defense at the Chicago Council on Global Affairs Ariane Tabatabai, to talk through the week’s big news in national security, including: “The Empire Strikes Out.” Russia’s ground offensive in Ukraine appears to have hit some stiff resistance with it losing territory over the past calendar year in the face of a strong defense by Ukrainian forces—including strikes on Russian supply lines in Russia—and growing manpower shortages and economic pressures at home. But Russian President Vladimir Putin appears to be compensating with one of the most brutal air campaigns in recent memory, including a massive aerial attack on Kyiv this week that forced tens of thousands of Ukrainians to shelter in place—including our own Nastya. What signs are there for optimism—or for caution—on the future of Russia’s war of aggression? And how will positive developments on the battlefield for Ukraine impact Russia’s demands at the negotiating table?“Strait Trippin’.” On Tuesday, Secretary of State Marco Rubio appeared before the Senate Foreign Relations Committee for the first time since the U.S. went to war with Iran and told senators that “the war is over.” This statement came just days after the United States and Iran traded strikes and Iranian state-run news outlets reported that it had broken off negotiations with the United States. President Trump, on the other hand, insists that the talks are still ongoing and appeared to pressure Israel to pull back from a major offensive against Hezbollah over the weekend. What do we make of these developments? Has there been any progress toward a negotiated solution to the conflict? Is there any reality to Secretary Rubio’s assertion that the war has come to an end?“Pulte Fiction.” President Trump announced an unexpected pick to take over the position of Director of National Intelligence on Tuesday: Bill Pulte, the director of the Federal Housing Finance Agency and heir to a residential home building empire, with apparently no national security experience whatsoever. Trump said Pulte will stay on as housing director and take over the job from Tulsi Gabbard in a part-time and acting capacity. So who exactly is he? And why does Trump trust him enough to pick him to serve, at least part time, in one of the country’s most important intelligence positions? In object lessons, the crew goes all in on what to read and listen to. Nastya is giving a nod to “The Limits of Partnership: U.S.-Russian Relations in the Twenty-First Century,” by Angela Stent. Tyler is giving two thumbs up to the work of architecture critic Kate Wagner. Scott is tapping his toe to Marisa Anderson’s “The Anthology of UnAmerican Folk Music.” And Ari is grooving to the Switched On Pop podcast, a deep dive into the music that moves us. 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.

This week, Scott sat down with his Lawfare colleagues Anna Bower and Eric Columbus, and his Brookings colleague Molly Reynolds, to talk through a couple of the week’s big news stories in domestic politics, including: “The Grift That Keeps On Giving.” Last week, the Justice Department announced the creation of a so-called Anti-Weaponization Fund of nearly 1.8 billion taxpayer dollars, from which purported victims of politically motivated prosecutions can apply to receive payments. The fund was created as part of a settlement with President Trump and his sons, who sued the IRS for 10 billion dollars over the leak of his tax returns. So far, pardoned Jan. 6 rioters, former Congressman George Santos, Trump’s ex attorney Michael Cohen, and even former FBI Director James Comey have all said that they are considering applying, and three lawsuits have already been filed challenging the fund. How did Trump’s lawsuit against the IRS lead to this fund? And how do we see these legal challenges playing out in court?“Lame Duck Around and Find Out.” President Trump’s preferred primary picks have cruised to victories in Indiana, Kentucky, Louisiana, and Georgia Republican primaries, ousting incumbents Senator Bill Cassidy and Representative Thomas Massie as some of the few voices of dissent within the Republican Party. But Trump’s involvement in the primaries has come at a political cost, with outgoing members voicing their criticism and even going so far as to buck the president on legislation. Last week, Cassidy flipped his vote in favor of a critical war powers resolution in the Senate, which could undermine the administration’s legal justification for the war. With such close margins in Congress, how do we expect this new YOLO faction to impact the president’s agenda before the midterms?While we introduced a third topic, we frankly ran out of time this week. Sorry about that! We’ll circle back to it in the weeks ahead.In object lessons, Molly is hooked on the fish-focused local NPR podcast, “Catching The Codfather.” Eric is looking to catch a killer with the latest Hugh Jackman movie (which he thinks is shear perfection). Scott is caught up in the latest “Storm,” featuring Yung Lean. And Anna has caught basketball fever, both with the Knicks’ return to the NBA Finals, and also with the (much-more-affordable-but-equally-entertaining) NY Liberty. 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.