Rational Security

The “Tornado Kash” Edition


Listen Later

This week, Scott was joined by his Lawfare colleagues Benjamin Wittes, Eugenia Lostri, and Tyler McBrien to break down the week's big national security news, including:

  • “The Long Road to Damascus.” Syria’s Assad regime collapsed suddenly last week in the face of a rebel offensive, ending thirteen years of revolution. What comes next, however, is anyone’s guess. How will this shift impact regional security? And how is the incoming Trump administration likely to respond?
  • “Pardonez-Moi.” President-elect Donald Trump’s decision to nominate unabashed loyalist Kash Patel—a person who has published a book listing political enemies he thinks should be prosecuted by the Justice Department—for the soon-to-be-vacant position of FBI Director has renewed concerns that the incoming Trump administration will use the Justice Department to prosecute his political enemies. President Biden may have responded in part by pardoning his son Hunter for a wide range of conduct—and some are arguing he should extend similar protections to others the Trump administration may target. How real is the threat of such targeted prosecution? And are preemptive pardons the right protection?
  • “Not in Kansas Anymore.” The Fifth Circuit recently issued what may prove to be a landmark sanctions decision, holding that certain Tornado Cash automated cryptocurrency contractual mechanisms sanctioned by the Treasury Department do not constitute “property” within the meaning of the International Emergency Economic Powers Act and thus cannot be sanctioned. It’s also one of the first appellate court decisions to apply the Supreme Court’s recent Loper Bright decision, which ended Chevron deference to agency interpretations of ambiguous statutes, in the national security context. How persuasive is the court’s opinion? And what impact will it have on U.S. policy in this area?

For object lessons, Ben endorsed(?) Kash Patel's three childrens' books as confirmation must-reads. Eugenia amped up everyones' holiday parties with a surefire recipe for maple cookies. Scott recommended the Lion's Tail as a surprisingly seasonal tiki-ish cocktail. And Tyler celebrated transition season with three recommended political profiles, specifically of Kash PatelRon Desantis, and Donald Trump circa 1997.

Also, Rational Security will be saying goodbye to 2024 in its traditional fashion: by discussing listener-submitted topics and object lessons! To submit yours, call in to (202) 743-5831 to leave a voicemail or email [email protected]. Just do it by COB on December 18!

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.

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

Rational SecurityBy The Lawfare Institute

  • 4.8
  • 4.8
  • 4.8
  • 4.8
  • 4.8

4.8

1,939 ratings


More shows like Rational Security

View all
The Lawfare Podcast by The Lawfare Institute

The Lawfare Podcast

6,263 Listeners

Arms Control Wonk by Jeffrey Lewis & Aaron Stein

Arms Control Wonk

409 Listeners

Conversations with Bill Kristol by Bill Kristol

Conversations with Bill Kristol

1,947 Listeners

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

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

3,472 Listeners

Foreign Policy Live by Foreign Policy

Foreign Policy Live

596 Listeners

The President’s Inbox by Council on Foreign Relations

The President’s Inbox

696 Listeners

The DSR Network by The DSR Network

The DSR Network

1,742 Listeners

The Bulwark Podcast by The Bulwark

The Bulwark Podcast

11,871 Listeners

Talking Feds by Harry Litman

Talking Feds

4,576 Listeners

Strict Scrutiny by Crooked Media

Strict Scrutiny

5,662 Listeners

Shield of the Republic by The Bulwark

Shield of the Republic

471 Listeners

Chatter by Lawfare

Chatter

151 Listeners

The Foreign Affairs Interview by Foreign Affairs Magazine

The Foreign Affairs Interview

420 Listeners

Serious Trouble by Josh Barro and Ken White

Serious Trouble

425 Listeners

The Just Security Podcast by Just Security

The Just Security Podcast

185 Listeners