The Lawfare Podcast

Rational Security: The "Humphrey's Executor's Executor" Edition


Listen Later

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.

Support this show http://supporter.acast.com/lawfare.

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

...more
View all episodesView all episodes
Download on the App Store

The Lawfare PodcastBy The Lawfare Institute

  • 4.7
  • 4.7
  • 4.7
  • 4.7
  • 4.7

4.7

6,106 ratings


More shows like The Lawfare Podcast

View all
Amicus With Dahlia Lithwick | Law, justice, and the courts by Slate Podcasts

Amicus With Dahlia Lithwick | Law, justice, and the courts

3,452 Listeners

Rational Security by The Lawfare Institute

Rational Security

1,943 Listeners

The DSR Network by The DSR Network

The DSR Network

1,724 Listeners

Stay Tuned with Preet by CAFE

Stay Tuned with Preet

32,467 Listeners

UnJustified by MSW Media

UnJustified

7,533 Listeners

The Bulwark Podcast by The Bulwark

The Bulwark Podcast

11,306 Listeners

Talking Feds by Harry Litman

Talking Feds

4,542 Listeners

Hacks On Tap by Hacks On Tap

Hacks On Tap

8,009 Listeners

Strict Scrutiny by Crooked Media

Strict Scrutiny

5,449 Listeners

The Focus Group Podcast by The Bulwark

The Focus Group Podcast

2,469 Listeners

Shield of the Republic by The Bulwark

Shield of the Republic

441 Listeners

The Next Level by The Bulwark

The Next Level

2,680 Listeners

Rick Wilson's The Enemies List by Resolute Square

Rick Wilson's The Enemies List

4,043 Listeners

Main Justice by MSNBC

Main Justice

7,092 Listeners

George Conway Explains It All (To Sarah Longwell) by The Bulwark

George Conway Explains It All (To Sarah Longwell)

3,368 Listeners