Rational Security

This week, Alan, Quinta and Scott were joined by Allies host and Lawfare associate editor Bryce Klehm! Together they talked through the week's big national security news stories, including: 

• "Remember the ‘90s?” Nine months have passed since the Taliban seized power in Kabul, and its promises of a more moderate rule than the harsh theocracy it oversaw in the 1990s are increasingly ringing hollow. Just this past week, the Taliban issued a new edict directing women and girls to cover everything but their eyes while in public and discouraging them from leaving their homes. Is there any chance of the Taliban changing tack? And how should the United States and others engage with them? 
• “A Shooting in Buffalo.” An 18-year-old shooter who targeted and killed black shoppers at a supermarket this past week appears to have been radicalized online by a version of “replacement theory,” which has been echoed in rhetoric by mainstream right-wing political figures ranging from Tucker Carlson to Elise Stefanik. How should platforms and policymakers combat such radicalization to prevent more violence?
• “It’s Coming from Inside the House.” The Jan. 6 committee took a dramatic step earlier this week when it issued subpoenas to five House Republicans who had refused to voluntarily participate with its investigation, including minority leader Kevin McCarthy. Why did the committee take this step now? And what are the odds it will lead these members to cooperate?

For object lessons, Alan endorsed Emily St. John Mandel's newest piece of sci-fi literature, "Sea of Tranquility." Quinta celebrated the miraculous recovery of her house plant. Scott encouraged listeners to check out an overlooked and underappreciated chapter in the Muppets' oeuvre, the 2015 adult sitcom "The Muppets." And Bryce recommended an old television show folks might not have heard of called "The Sopranos" for some insight into mafia-style management.

And everyone encouraged listeners to check out the newest podcast series from Lawfare and Goat Rodeo, Allies, which does a deep dive into how the decade-long failure of the Afghan Special Immigrant Visa (SIV) program led the United States to leave so many allies behind following its withdrawal from Afghanistan. The first two episodes are out: subscribe today and leave us a positive review!

Be sure to visit our show page at www.lawfareblog.com and to follow us on Twitter at @RatlSecurity. 

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This week, Quinta and Scott were joined by RatSec 1.0 host emeritus Benjamin Wittes to talk through the week's big national security news stories, including: 

• “Sharing is Caring.” Earlier this week, an unnamed senior U.S. official indicated that the United States is providing targeting information to Ukrainian forces–only to have other officials walk back that assertion almost immediately. What is actually happening? And why is the Biden administration so paranoid about discussing it openly?
• “The Chief’s Thief.” Recent revelations have shown that former Chief of Staff Mark Meadows played an integral role in leading efforts to overturn the results of the 2020 elections in the lead up to the Jan. 6 insurrection. But the Justice Department still has taken no steps toward prosecuting him for contempt of Congress for refusing to fully comply with the Jan. 6 committee’s investigation. What should we make of Meadows? And what should be done about him?
• “Trolling Alone.” Incidents of harassment and hostility are an increasingly commonplace feature of our political discourse, particularly for public officials working on hot button issues. What should we make of this breakdown in civility? What causes it? And where may it lead?

For object lessons, Quinta passed along Susan Dominus's eye-opening piece on “The Nightmare of Being a Surrogate Mother in the Ukraine War.” Scott recommended NASA's amazing virtual tour of the solar system to all his fellow stargazers (as well as astronomer Paul Byrne's amazing Twitter account). And Ben announced a new podcast experiment he is launching: live discussions with Ukrainians living on the front lines.

Plus here are a few other stories we mentioned or recommended:

• Politico’s piece on the Jan. 6 committee’s focus on junior aides and staff;
• Frank Michelman’s classic law review article “Law’s Republic”;
• Radiolab’s piece on Israel and the global surrogacy industry, “Birthstory”

Be sure to visit our show page at www.lawfareblog.com and to follow us on Twitter at @RatlSecurity. 

We lightly edited and re-posted this episode to eliminate an offensive term that one of our co-hosts used inadvertently. For an explanation and apology, see his Tweet thread here.

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This week, Alan, Quinta and Scott were joined by Jeffrey Kosseff, cybersecurity law professor at the U.S. Naval Academy, to hash through some of the week's big national security news, including: 

• “One Letter Off KGB, Two Letters Away from DGAF.” The Department of Homeland Security has taken heat this week for creating an internal Disinformation Governance Board, which partisan critics have railed against as a federal “Ministry of Truth” responsible for policing speech. What’s the real story behind this group? And does it warrant all this fervor?
• “One Bad Mother Tucker.” A newly published New York Times report documents how Tucker Carlson’s Fox News show makes unprecedented use of racist rhetoric and partisan fear-mongering. What new did we learn? And what broader impact should we expect this report to have?
• “Chutes and Escalation Ladders.” While Russian President Vladimir Putin has made a habit of invoking his country’s nuclear arsenal in response to Western reactions to his invasion of Ukraine, he so far hasn’t made any signs toward actually using it. But is this about to change? And how should the United States and its allies respond?

For object lessons, Alan endorsed his neighbor's ghost pepper-laced apple brandy, which all listeners should take as an invitation to crash at his place in Minnesota. In light of the pending repeal of Roe v. Wade, Quinta recommended that listeners read Jessica Bruder's “The Future of Abortion in a Post-Roe America." On a similar logic, Scott encouraged listeners to look back to John Hart Ely's 1973 critique of Roe "The Wages of Crying Wolf" for a vision of the pre-Roe legal landscape to which we may be returning. And Jeff recommended one of his favorite musical artists Patty Griffin and her forthcoming album, giving her some of the publicity that she won't pursue herself.

Be sure to visit our show page at www.lawfareblog.com and to follow us on Twitter at @RatlSecurity. 

And Rational Security listeners can get a committed ad-free feed by becoming a Lawfare material supporter at www.patreon.com/lawfare!

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This week, Alan and Scott were joined by Lawfare executive editor Natalie Orpett and law professor extraordinaire Kate Klonick to hash through some of the week's big national security news, including: 

• “Time to Musk Up.” Prototypical eccentric billionaire Elon Musk has just finalized a deal to purchase Twitter, bring it private and implement a number of changes he claims are intended to expand freedom of speech. What will this mean for the future of Twitter and other social media platforms?
• “Lvivin’ so Soon?” The Secretary of Defense and Secretary of State just finished a visit to Kyiv, where they committed more support and to gradually restaff the U.S. diplomatic presence in-country. Why are U.S. diplomats behind Europe in returning to Kyiv? Should the Biden administration move more quickly?
• “Too Much MTG Gives Me Headaches.” Georgia representative Marjorie Taylor Greene gave several hours of testimony at a hearing on Friday triggered by efforts by progressive activists to disqualify her from holding office for supporting the Jan. 6 insurrection, pursuant to section 3 of the 14th Amendment. What did we learn about Greene’s activities that day? And what should we make of the broader effort to disqualify legislators? 

For object lessons, Alan endorsed the sci-fi action adventure comedy drama "Everything Everywhere All at Once" and its stirring depiction of laundromats and the IRS. Kate shouted out her decade old "Loose Tweets Sink Fleets" poster and celebrated the fact that it becomes more relevant by the day. Scott announced that his effort to make flavored rotten pineapple water succeeded with flying colors, and encouraged listeners to use pineapple scraps to make their own tepache. And Natalie finally took a stand in support of comprehension and encouraged others to do the same with tee shirts that practically shout one's preference for the Oxford Comma from the rooftops.

Be sure to visit our show page at www.lawfareblog.com and to follow us on Twitter at @RatlSecurity. 

And Rational Security listeners can get a committed ad-free feed by becoming a Lawfare material supporter at www.patreon.com/lawfare!

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This week, Alan, Quinta and Scott talked amongst themselves about some of the week's big national security news stories, including:

• “What’s in a Name?” Observers of the war in Ukraine are increasingly turning to a controversial term to describe the actions of Russian forces: genocide. Why are people suddenly using this word? Is its use appropriate here?
• “Who’s Afraid of Going Dark?” A recent expose has gone deep into the struggle between big tech companies and NSO Group, the Israeli hacking company that has provided various governments around the world with the ability to access users’ phones and other protected communications. What does this tell us about the future of communications security and the role of companies like NSO Group in it.
• “Florida Woman Disputes Sanitation Standards.” A federal judge in the Middle District of Florida has adopted an extremely narrow reading of federal law to hold that the Biden administration lacks the legal authority to require individuals to wear masks on airplanes and other transportation systems. What does this holding tell us about where the legal debate around pandemic measures is headed?

For object lessons, Alan endorsed his new favorite Norwegian time travel cop show. Quinta shouted out a piece in G. Elliot Morris's substack on why the Democrats are screwed and what can (and can’t) be done about it. And Scott urged listeners to check out musician Margaret Glaspy, who he recently saw live and brings a rocky vibe and charmingly awkward dance moves to the singer-songwriter motif.

Here are a few other articles and items we discussed, in no particular order:

• Alan's recent Lawfare Podcast interview with law professors Orin Kerr and Asaf Lubin regarding the WhatsApp v. NSO Group lawsuit;
• Hersch Lauterpacht's 1947 treatise “Recognition in International Law,” which is currently living on Scott's bedside table. 

Be sure to visit our show page at www.lawfareblog.com and to follow us on Twitter at @RatlSecurity. 

And Rational Security listeners can get a committed ad-free feed by becoming a Lawfare material supporter at www.patreon.com/lawfare!

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This week, Alan, Quinta and Scott were joined by Lawfare managing editor Jacob Schulz to hash through some of the week's big national security news, including:

• “Le Pen 15 Club.” As France enters the final run-off round of its presidential election, incumbent Emmanuel Macron is being closely trailed by extreme right-wing leader Marine Le Pen. What explains Le Pen’s political potency? And what would a President Le Pen mean for the rest of the world?
• “The Biggest Botnet Takedown Since Geocities Deleted My Transformers FanFiction.” The Justice Department recently revealed that the United States and allied governments have been secretly removing Russian malware from global networks in order to thwart potential cyber attacks. What does this strategy tell us about the future of cyber conflict?
• “Don’t Trust the DVE in Apartment 23.” Postal inspectors recently stumbled on a pair of heavily armed men impersonating DHS agents while living amidst—and showering expensive gifts on—Secret Service agents and other federal law enforcement officers in a Washington, D.C., apartment complex. What the hell was happening? And should we be concerned?

For object lessons, Alan invoked his love of nut spreads to endorse "pistacchiosa," a Sicilian pistachio spread with which he has recently become enamored. Quinta recommended Jonathan Chait's recent article on Ron DeSantis and Trumpism after Trump (as well as the app Audm). Scott recommended the movie Coco as a next step for those who have gotten sucked into the Disney+ universe by Encanto. And Jacob passed along a representative memento of his recent West Coast trip: the humble (and ubiquitous) skateboard rack.

Be sure to visit our show page at www.lawfareblog.com and to follow us on Twitter at @RatlSecurity. 

And Rational Security listeners can get a committed ad-free feed by becoming a Lawfare material supporter at www.patreon.com/lawfare!

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This week, Alan, Quinta and Scott were joined by their fellow Lawfare senior editor and Brookings Institution senior fellow Molly Reynolds to hash through some of the week's big national security news, including:

• “The Butchers of Bucha.” Russian troops who recently retreated from the Kyiv suburb of Bucha appear to have engaged in a weeks-long campaign of violence against the Ukrainian civilians living there, leading some—including President Biden—to call for a war crimes trial. Why would Russia do this? And how should the United States and the world respond? 
• “To Refer, or Not to Refer, That is the Question.” Even as they rush to get ready for public hearings, Jan. 6 committee members have begun to cast shade on the idea that they will produce a criminal referral of President Trump or anyone else for matters other than contempt of Congress for refusing to comply with its subpoenas. Is this the right move on the committee’s part? 
• “When Texas Messes with You.” The Supreme Court recently heard oral argument in Torres v. Texas Department of Public Safety, the first case to seriously test the limits of congressional war powers in several decades. What should we expect from this case? And what will it tell us about how our new Supreme Court views war powers and national security?

For object lessons, Alan brought our attention to the possibility that one can be buried not just in a cemetery but in a living forest. Quinta endorsed a New Yorker article by Rachel Aviv on how an Ivy League university turned on a promising young student with a difficult past. Scott recommended the show "Single Drunk Female," a darkly funny exploration of alcoholism and its aftermath that is set in a menagerie of Massachusetts accents. And Molly noted that the U.S. Census Bureau had recently posted a very searchable version of the 1950 census records, which included an interesting observation on her own grandfather. 

Be sure to visit our show page at www.lawfareblog.com and to follow us on Twitter at @RatlSecurity. 

And Rational Security listeners can get a committed ad-free feed by becoming a Lawfare material supporter at www.patreon.com/lawfare!

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This week, Alan, Quinta and Scott were joined by RatSec 1.0 host and Lawfare editor-in-chief Benjamin Wittes! They hashed through some of the week's big national security news, including:

• “You’re Changing my Regime, What a Wonderful Way to Say How Much You Hate Me.” In recent remarks in Europe, President Biden appeared to call for the removal of Russian President Vladimir Putin–a statement he later reframed as an expression of “moral outrage,” not a call for regime change. Was this a deliberate move or a slip-up? And how significant is it?
• “People, Let Me Tell You ‘Bout My Best Friend.” Revelations about his wife Virginia Thomas’s role in the Jan. 6 insurrection have raised questions whether Justice Clarence Thomas should be recusing himself from more cases–including a case governing whether records that might well implicate his wife should be turned over to the Jan. 6 committee. Should Justice Thomas be recusing? And what should be done if he doesn’t?
• “Eastman’d and Down, Load it Up and Fuck It, We’re Gonna Do What They Say Can’t Be Done.” Both a federal judge and a former New York prosecutor have concluded that there are credible reasons to believe former President Trump has broken the law. But it’s unclear whether any local, state or federal investigations are likely to lead to criminal charges. Will Trump be held accountable for his actions?

For object lessons, Alan urged listeners to view North Korea's newest propaganda video for its ICBMs in all its glory. Quinta gave a strong endorsement to Taika Waititi's new pirate series, "Our Flag Means Death.” Scott gave an even stronger endorsement to the one kitchen unitasker he can stand. And Ben recommended the refreshingly sexless Finnish police procedural "Deadwind."

Be sure to visit our show page at www.lawfareblog.com and to follow us on Twitter at @RatlSecurity. 

And Rational Security listeners can get a committed ad-free feed by becoming a Lawfare material supporter at www.patreon.com/lawfare!

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This week, Alan, Quinta and Scott were joined by international law expert Chimene Keitner to hash through some of the week's big national security news, including:

• “Go Straight to Den Haag, Do Not Pass Go, Do Not Collect $200.” In recent days, Russia’s already illegal war in Ukraine has begun to cross more and more legal lines, as Russian forces seem to clearly be targeting civilians and even removing them from Ukrainian territory. What avenues might there be for holding them accountable for these actions? And where should these efforts fit into the broader effort to end the conflict?
• “The 400-Pound Hacker in the Room.” Three weeks into the war in Ukraine, Russia has yet to target the United States and its allies with cyberattacks. But this week the White House is aggressively hinting that that may be about to change. Why would the Russians choose now to act? And what should we expect?
• “Third-Wave Pessimism.” There are signs that a new wave of the coronavirus may be headed our way. But that didn’t stop Congress from cutting the Biden administration’s request for pandemic resources by $15 billion as mask mandates and other measures have been continually rolled back. How should we be preparing? And what explains Congress’s response?

For object lessons, Alan endorsed the mind-bending new show Severance on (literally) separating work life and home life. Quinta gave a positive review of the new coming-of-age movie Turning Red. In honor of springtime, Scott passed along his favorite warm weather drink option. And Chimene shared a photo of her grandparents and a story of her family's own experience with being refugees from a Russian invasion.

Be sure to visit our show page at www.lawfareblog.com and to follow us on Twitter at @RatlSecurity. 

And Rational Security listeners can get a committed ad-free feed by becoming a Lawfare material supporter at www.patreon.com/lawfare!

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This week, Alan, Quinta, Scott and guest Lawfare executive editor Natalie Orpett sat down to discuss several of the week's big national security news stories, including:

• “The Dragon-Bear Reliance.” Russia is turning to China for help in mitigating some of the more harmful consequences of the measures that the United States and its allies are imposing in response to its invasion of Ukraine. Will China play along? And what will its decision mean for the future of the relationship between the two major powers?
• “The Secret Life of Feds.” In a pair of recent cases, the Supreme Court largely upheld the state secrets doctrine that allows the federal government to quash civil litigation that might compromise sensitive government information, even as it hinted at some potential ways it may come under pressure in the future. What does this mean for the doctrine moving forward?
• “Garland’s Laurels.” Attorney General Merrick Garland just celebrated one year in office. How should we grade his efforts to restore and reinforce the Justice Department’s traditional norms of political independence and impartiality thus far? And what impact is it having on other parts of his legacy, like his investigation of the Jan. 6 insurrection?

For object lessons, Alan expressed his deep sympathy for the clinginess of the male Santa Maria harlequin toad, who often embraces his mate for months before she finally relents to reproduce. Quinta brought the listeners' attention to Russian news employee Marina Ovsyannikova's brave and heartfelt recent protest on a live newscast against Russia's war in Ukraine. Scott flagged the fact that the Biden administration still hasn't provided the public a copy of a war powers report that was due on March 1st, despite a law requiring that they do so. And Natalie both recommended the book "At Night All Blood is Black" by David Diop and flagged a late-breaking story about negotiations over a possible settlement in the military commissions trial of 9/11 perpetrator Khalid Shaikh Mohammed that would avoid the death penalty.

Be sure to visit our show page at www.lawfareblog.com and to follow us on Twitter at @RatlSecurity. 

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