The “Berry Boy Blue” Edition

This week, Scott sat down with his Lawfare colleagues Molly Reynolds and James Pearce to talk through the week’s big national security news, including: “Rounding the ‘Feels Like It’s Been a Century’ Mark.” As President Trump comes to the end of his second first 100 days in office, he and his supporters are laying claim to FDR’s mantle as the president to accomplish the most in such a short period of time. But how much success has Trump really had in enacting his broader policy agenda? How should we be seeing Trump’s administration as it rounds this milestone?“The Art of the Appeal.” More than three months into his second term in the White House, President Trump has clearly embraced a new legal strategy: antagonistic towards the courts, aggressive in its claims of presidential power, and more than willing to run to the Supreme Court for validation. But so far that validation has been slow to come, and there are signs that even some judges appointed by Trump are growing weary and wary of his tactics. How successful is Trump’s legal strategy proving? Could an alternative be more effective?“DOGE-ing a Bullet.” A new report from the minority staff of the Senate’s permanent subcommittee on investigations claims that Elon Musk’s involvement in the Trump administration and his role in dismantling federal agencies could save his various companies billions in regulatory costs and other potential liabilities. Is this a clear conflict of interest? Or does this report reflect other factors in play?In object lessons, Molly had a mighty craic in happening upon Blue Lights, a police procedural set in Belfast, and urges you to give it a lash. Scott, hailing victory and fighting for Old DC, cheered the thought of a new RFK Stadium. And James encouraged listeners to maki their way over to a local Japanese restaurant, where the sushi isn’t the only thing rolled. 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, Tyler McBrien, and Kevin Frazier to talk through the week’s big national security news, including: “Aliens vs. Predators.” Despite forceful legal pushback—including by the U.S. Supreme Court—the Trump administration is working hard to continue its campaign to remove foreign aliens it accuses of pursuing a “predatory incursion” from the country using the Alien Enemies Act. How far will it go? And to what extent can the courts (or anyone else) stop them?“Aye Aye Robot.” Both the Biden and Trump administrations were fans of artificial intelligence (AI) and set out policies to incorporate it into government decision-making. But while the Biden administration focused much of its efforts on guardrails, the Trump administration has increasingly torn them down as part of a broader push to incorporate the nascent technology into government decision-making. What are the risks and potential benefits of this sort of government by AI? “For Pete’s Sake.” Beleaguered Secretary of Defense Pete Hegseth is more beleaguered than ever this week, after reports that, in addition to inadvertently sharing classified secrets with Atlantic reporter Jeffrey Goldberg, he also passed them to his wife, brother, and personal lawyer on another Signal thread. Meanwhile, a former adviser (and established Trump loyalist) went public with allegations that Hegseth’s management has led to chaos at the Defense Department and called for his resignation. Will this be enough for the Trump administration to cut bait and run? Or does his support in the MAGAsphere simply run too deep?In object lessons, Tyler, fresh from biking adventures abroad, hyped the routes, photos, and resources on bikepacking.com, if physical exertion is your idea of relaxation. Anna, finding other ways to relax, came to the defense of The Big Short in helping to soothe her anxiety amid more current market upheaval. Doubling down on the “no relaxation without tension” theme, Scott’s outie binge-watched Severance while on vacation. And Kevin, very on-brand, was quick to bring us a feel-good story of a new community partnership to support AI skill-building in Austin-based nonprofits.  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 co-hosts emeritus Benjamin Wittes, Quinta Jurecic and Lawfare's new senior legal fellow James Pearce to talk through the week's biggest national security news stories, including: “Midnight Planes Going Anywhere.” The Supreme Court has weighed in on the Trump administration’s decision to quickly fly dozens of Venezuelan nationals to El Salvador with little to no meaningful process, holding that those detained had to be provided notice and an opportunity to challenge their removal, but only through habeas in their place of detention. Meanwhile, we are still awaiting the Court’s final decision on whether a lower court can direct the executive branch to seek the return of another man who was removed to El Salvador by mistake. What will these decisions mean for the Trump administration’s aggressive deportation policies?“All the King’s Horses and All the King’s Men, Won’t Be Able to Put Humphrey’s Together Again.” Watchers of the D.C. Circuit may have suffered whiplash this week, as an appellate panel reversed a district court’s conclusion that the Trump administration’s removal of statutorily protected members of the Merit Service Protection Board and National Labor Review Board was most likely unlawful, only for the panel itself to be reversed in short order by the whole en banc court. The issues now seem clearly poised for review by the Supreme Court. Is Humphrey’s Executor and other case law preserving independent agencies toast? Or might the Court stop short of killing independent agencies altogether?“A Duty of Pander.” Attorney General Pam Bondi punished a Justice Department attorney this week after he admitted to a federal court that he had not been provided adequate answers to some of the court’s questions. It’s the latest in a parade of disciplinary actions accusing attorneys of disloyalty for engaging in candor with the federal courts over the confusion that some of the Trump administration’s policies have caused. Is the Attorney General within her rights to crack down on these actions? And what impact will her demand for loyalty have on the Justice Department’s relationship with the federal courts? For object lessons, Quinta recommended the movie "Margin Call" as a reflection on the last financial crisis, as we prepare for the next one. Ben brought attention to Russia's brutal and inhumane attack on a children's playground in Ukrainian President Volodmyr Zelensky's hometown of Kryvi Rih, which underscores just how committed Russia really is to peace. Scott shared his latest home pizza discovery—a one hour no-knead recipe for pan pizza crust from King Arthur's Baking—as well as his next experiment: an all edge pieces pan pizza. And James gave a double-header object lesson, sharing his participation in the Baker to Vegas footrace and his reading of another story about something even more inhuman: Mary Shelley's Frankenstein. Hosted on Acast. See acast.com/privacy for more information.

This week, Scott joined his Lawfare colleagues Natalie Orpett and Eric Ciaramella to talk through the week’s big national security news, including: “In Mother Russia, Sometimes Bear Poke You.” Discussions over a possible broader ceasefire in Ukraine—beyond the temporary (and limited) energy and Black Sea ceasefire agreements last week—appear to have ground to a halt over Russian demands. Many observers suspect this is simply a stalling technique by Russian President Vladimir Putin, as Russia prepares for another offensive intended to improve his negotiating leverage. President Trump, meanwhile, in a rare swipe at the Russian dictator, has said he’s “pissed off.” But will Trump bring leverage to bear enough for Putin to budge? Or are the ceasefire negotiations like to stay stuck in the mud—and, if so, will Trump know who to blame?“Nuukin’ Futs.” Vice President J.D. Vance visited the northernmost U.S. military base in Greenland last week and delivered a speech in front of U.S. service members that accused Denmark of neglecting its Greenland protectorate and failing to adequately protect it from China and Russia—shortcomings that, in his telling, justify President Trump’s stated intent to gain U.S. control over the island nation. Is there any truth to Vance’s allegations? And will his remarks help or hurt the Trump administration’s purported objective of securing Greenland and improving U.S. access to its various resources? “Third Term’s the Charm.” In an interview this week, President Trump insisted to reporters that he was serious about potentially pursuing a third term and suggested that there were “methods” by which he could do so, in spite of the 22nd Amendment’s two-term limitation on presidents. How seriously should we take his threat? Are there arguments that could carry water — and will it matter?In object lessons, Natalie—tire-d of DC traffic—“spoke” highly of her beloved ebike. Scott, flying solo in NYC, curled up with his Kindle at Amor y Amargo, contemplating the question: how many Amaros does it take to make the perfect Sazerac? And Eric praised “Language City: The Fight to Preserve Endangered Mother Tongues in New York,” by Ross Perlin—a fascinating portrait of linguistic diversity and the fight to preserve it. 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 Benjamin Wittes and Roger Parloff to talk through the week of the most Rational Security-esque of national security news stories ever, including:  “Oopsec.” In a strong contender for the most ridiculous national security story of the year, senior Trump administration officials appear to have planned a series of airstrikes in Yemen that took place earlier this month through the social messaging app Signal—and they appear to have included The Atlantic’s Editor-in-Chief Jeffrey Goldberg by mistake, giving him access to detailed war plans and internal policy discussions that he has now (mostly) made public. How irresponsible were the Trump administration’s actions? And what will the consequences be of this mistake?“Secrets, Lies, and Bureaucratic Red Tape.” The Trump administration employed the Alien Enemies Act to remove alleged members of the Venezuelan gang Tren de Aragua to a notorious prison in El Salvador last week, just before or perhaps just after (a point of ongoing inquiry) an order from a federal district court judge directed them not to. And now the Trump administration is invoking the state secrets privilege to avoid having to disclose more details regarding its policy choices. How firm is the legal ground that the Trump administration is operating on? And how will the courts handle it? “How Do You Think We Keep These Shoes So White?” Leading white shoe law firm Paul, Weiss kissed the feet—or perhaps licked the boots—of President Trump this week in an effort to escape the highly discriminatory sanctions Trump recently imposed on them for their past ties with a lawyer who worked with the prosecution in his New York criminal case. What could their acquiescence mean for big law? And the legal industry more generally?In object lessons, Roger is unwinding from court documents in English by diving into Walter Isaacson’s “Elon Musk” in French—because nothing says relaxation like a billionaire’s biography en français. Scott revisited his college years, reminded of Bob Dylan’s live 1966 performance of “The Royal Albert Hall Concert” after watching A Complete Unknown (pro tip: never leave a pile of axes at a folk festival). And Ben pleads with “the algorithm” to stop assuming he needs weapons disguised as mobility devices. 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.