Rational Security

“The Story of Three Warrants” Edition

This week, Scott sat down with his Lawfare colleagues Molly Roberts, Michael Feinberg, and Troy Edwards to talk through the week’s big warrant-related national security news, including: * “Tulsi Went Down to Georgia, She Was Looking for a Vote to Steal.” This past week, the FBI executed a warrant to search Fulton County’s election center for ballots and equipment related to the 2020 election, with the help of an unlikely senior administration official: Director of National Intelligence Tulsi Gabbard, who was reportedly there in-person at the order of President Trump. Observers are concerned that the search is the beginning of a broader effort to relitigate the 2020 election—especially as Trump calls for Republicans in Congress to “nationalize elections” in advance of the November mid-terms. What do we know about the legal basis for this search? And what does it tell us about what the Trump administration has planned for November? * “I Hear the Jury’s Still Out on the Fourth Amendment.” Over the past week, whistleblowers have revealed that ICE has issued a series of internal memos to agents advising that they do not need judicial warrants to detain or search the homes of people suspected of being undocumented immigrants. Instead, ICE has attempted to side-step the regular judicial process by suggesting that agents only need an administrative warrant, a controversial move that will almost certainly be challenged in court. What do we think of ICE’s decision to shift to such a legally dubious policy, and where do we expect it to go from here? * “Ex Post Justification.” Last month, the FBI conducted a search on the home of Washington Post reporter Hannah Natanson as part of an investigation into alleged leaks by a Defense Department contractor. During the search, agents seized Natanson’s personal and professional devices, which drew concern from media outlets and civil liberty groups over potential First Amendment and privacy violations. A magistrate judge has now ordered that the FBI cannot access Natanson’s materials at least for now, while some of these issues are litigated. How should federal law enforcement balance the need to conduct leak investigations with press freedoms? And is this case on the right side of the line? In object lessons, sometimes all you can do is cry: Molly is remembering better days for the Washington Post and mourning the fall of a once-great paper. Sometimes all you can do is get lost in the music: Mike is celebrating the still-great Miles Davis with the long-awaited release of The Complete Miles Davis Live at the Plugged Nickel 1965 [https://www.amazon.com/Complete-Plugged-Nickel-Live-1965/dp/B0FT6TY1ZG/ref=sr_1_1?crid=30CHHYZGR2E9T&dib=eyJ2IjoiMSJ9.sMRAKKhm2oDadptsyPW216YIE4rglBXG9wdkpvS8kBeVrQPh4IEXYxOiLUXSxi0z.uS1zPc-uNBzjLRiwW6c0Kc8ndp1bJhVlTyVGxVuZnUI&dib_tag=se&keywords=live+at+the+plugged+nickel+vinyl&qid=1770139009&sprefix=live+at+the+plugged+nickel+vinyl%2Caps%2C240&sr=8-1] on vinyl. Sometimes all you can do is laugh: Scott is delighting in his former State Department colleague’s new Substack, Ridiculocracy [https://www.ridiculocracy.com/]. And sometimes, all you can do is wear something fabulous: Troy is modeling the new wardrobe must-have for the “Government in Exile.” [https://www.teepublic.com/hat/56644235-retired-federal-government-worker-ex-fed?countrycode=US&utm_source=google&utm_medium=shopping&utm_campaign=%5BG%5D+%5BG.NAM%5D+%5BL.ENG%5D+%5BGEN%5D+%5BC.Hats%5D+%5BPLF%5D&utm_id=notset&utm_content=not+set&ar_clx=yes&ar_channel=google&ar_campaign=21396597271&ar_adgroup=&ar_ad=&ar_strategy=search&utm_source=google&utm_medium=cpc&utm_campaign=%5BG%5D+%5BG.USA%5D+%5BL.ENG%5D+%5BGEN%5D+%5BC.Dad_Hats%5D+%5BPMAX%5D&gclsrc=aw.ds&gad_source=1&gad_campaignid=21396598798&gbraid=0AAAAACKgNej3h-2EMLAhxu_5NtcmrvK-c&gclid=Cj0KCQiA-YvMBhDtARIsAHZuUzIIhUe8xc-ecUFp_OD2nGL4Kk-CNzPhH2r6OBlK0DDXYjpZJBmUIpQaAgx9EALw_wcB#3333P56644235D55V377A7C] To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare [http://www.patreon.com/lawfare]. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute [https://givebutter.com/lawfare-institute]. ---------------------------------------- Hosted on Acast. See acast.com/privacy [https://acast.com/privacy] for more information.

The "Pawing at Scott" Edition

This week, Scott sat down with his Lawfare colleagues Alan Rozenshtein, Eric Columbus, and Molly Roberts for a deep dive into two of the week’s big national security news stories: * “Slipping Down the Slope.” Last week’s killing of 37-year-old ICU nurse Alex Pretti by Border Patrol agents in Minneapolis, Minnesota, has triggered what increasingly appears to be a national backlash against the Trump administration’s immigration policies and ICE’s violent tactics. Republicans and Democrats alike have been increasingly public in their criticism of the administration’s actions—and, in particular, DHS Secretary Kristi Noem—while state officials have begun exploring more legal avenues for pushing back against federal officials. The Trump administration, meanwhile, may be shifting tack, as it has replaced Border Patrol commander-at-large Greg Bovino with immigration czar Tom Homan on the ground in Minneapolis and adopted a more conciliatory tone. Is this a real turning point for the Trump administration’s flagship policy? Or more of a feint? * “Now We’re Just Waiting on Artificial Strength, Dexterity, Wisdom, and Charisma.” Last week, the artificial intelligence company Anthropic released what it’s calling a “constitution” for its premier AI model, Claude. The constitution seeks to instill a moral framework, value system, and even a personality in the AI model, taking an unprecedented step in both private AI governance and AI personhood. How does Claude’s constitution factor into broader discussions about AI development and regulating how models should interact with users? In object lessons, Eric sticks to classic Rational Security orthodoxy by recommending an actual, physical object: his wife’s beloved migraine-slaying device, The Tingler [https://www.amazon.com/Tingler-Therapeutic-Scalp-Massager-Massage/dp/B0006VSX1Q]. Alan flagrantly violates the show’s informal norms with a repeat recommendation—season 2 of The Night Manager [https://www.primevideo.com/detail/The-Night-Manager/0OQ744ET66DEPGX9E353MKULR5] (plus some unsolicited fawning over Tom Hiddleston). Scott, desperate for warmth, throws the rulebook into the fire with a double object lesson: 1) Metro’s Fire Snake [https://www.dcnewsnow.com/news/local-news/washington-dc/metro-crews-ignite-fire-snake-to-repair-cracked-rail-during-arctic-cold/#/questions/5294859] to satisfy your basic human need for fire, and 2) long underwear [https://www.smartwool.com/en-us/men/base-layers?utm_source=google&utm_medium=cpc&utm_[…]MFAhhnnfy0OggK_otNO2w1mjh-BjKb1bddPpaN899CeAU78aAkc6EALw_wcB]to satisfy your base-layer needs. And Molly restores order with a hat [https://thegoodshirts.com/products/hello-i-am-fleeing-the-american-century-of-humiliation-hat?srsltid=AfmBOop0fiVwYP_hPznjlgn3y738MHwDCzWwqscQaBdV1RFh6d3f2N4h] that truly captures how we’re all feeling: America is in trouble, and we’re tired. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare [http://www.patreon.com/lawfare]. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute [https://givebutter.com/lawfare-institute]. ---------------------------------------- Hosted on Acast. See acast.com/privacy [https://acast.com/privacy] for more information.

The “Just Chilling in My Padded Room” Edition

This week, Scott sat down with co-host emeritus Shane Harris and Lawfare colleagues Anna Bower and Loren Voss to talk through yet another big week in national security, including: * “Minnesota N(ICE).” Amidst ongoing tensions over the Trump administration’s hyper aggressive immigration enforcement tactics in Minnesota, the Justice Department has issued subpoenas to at least five state Democratic officials—including Governor Tim Walz—investigating alleged efforts to obstruct or not cooperate with federal efforts. Some say it’s an intimidation tactic; to others, it seems to be laying the foundation for an invocation of the Insurrection Act. What should we make of these most recent developments in Minnesota? * “Fed Up.” Last week, Federal Reserve Chairman Jerome Powell announced in a video that the Federal Reserve had received subpoenas from the Department of Justice as part of a criminal inquiry into his congressional testimony regarding cost overruns in the ongoing renovation of the Federal Reserve’s headquarters. Powell called out the probe as an effort to undermine the Fed’s independence, and both markets and members of Congress have had a negative response. And the Supreme Court may follow, as it’s set to hear oral arguments in the related case of Federal Reserve board member Lisa Cook, whom Trump had previously sought to fire “for cause” on the basis of similarly unproven criminal allegations. Why did the Trump administration take this step when it did? And how might it affect the outcome of the Cook case? * “The Sound and the Fury.” Recent media reports have revealed that the Department of Defense has spent at least a year testing a device that may have been the source of a mysterious illness that has affected U.S. diplomats and personnel stationed around the world since 2016. This revelation has inevitably called into question past intelligence community assessments that such symptoms were unlikely to be the result of actions by a hostile adversary and resurrected controversies around how affected U.S. personnel have been treated. What should we now make of the so-called Havana Syndrome? And how might these new revelations affect U.S. foreign relations? In object lessons, Anna is channeling her inner British spy with a recommendation of season 2 of The Night Manager [https://www.primevideo.com/detail/The-Night-Manager/0OQ744ET66DEPGX9E353MKULR5]. Loren is channeling some inner peace with a recommendation of the Snoo [https://www.happiestbaby.com/products/snoo-smart-bassinet?srsltid=AfmBOor6jMyercQB9Ch59E98N4nH5ANtg28gCVw_f03dmJZop15YUPoM]. Scott is changing the channel to the bizarre French animated comedy Grizzy & the Lemmings [https://www.netflix.com/title/81154166]. And Shane is considering a style change a la Ted Danson in A Man on the Inside [https://www.netflix.com/title/81677257]. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare [http://www.patreon.com/lawfare]. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute [https://givebutter.com/lawfare-institute]. ---------------------------------------- Hosted on Acast. See acast.com/privacy [https://acast.com/privacy] for more information.

The “Scare Them When They’re Young” Edition

This week, Scott sat down with his Lawfare colleagues Tyler McBrien, Michael Feinberg, and Ariane Tabatabai to talk through the week’s big news in national security, including: * “Between Iraq and a Hard Place.” Iran is engaged in perhaps its most serious bout of domestic unrest in a decade, spurred on by a failing economy and the seeming political weakness of the regime after its devastating military conflict with Israel and the United States this past summer. But the regime has struck back viciously, cutting off global media and communications access even as it has engaged in a vicious and violent campaign of repression that may have already led to as many as between 2,000 and 12,000 fatalities. That has led, among other things, to threats from the Trump administration that it may intervene militarily against the regime. What should we be making of this development? What does it mean for the future of Iran, and what role might the United States play in that future? * “A Slippery Slope.” ICE’s increasingly provocative immigration enforcement actions came to a violent head last week in Minneapolis, when ICE agent Jonathan Ross shot and killed driver and possible protest participant Renee Good. While the White House has sought to frame Good as a “domestic terrorist” who threatened Ross, videos of the incident instead suggest that her conduct came nowhere close to the standard normally required for the use of lethal force. The FBI is now reportedly investigating Good’s widow for ties to activist groups, an effort that led several career federal prosecutors to quit this week. How effective are the administration’s attempts to shape the truth likely to prove?  * “Green with Envy.” Diplomatic representatives from Denmark and Greenland are meeting with senior administration officials as we record to discuss a way forward on Greenland, the self-governing and all-but-independent Danish territory that President Trump has openly coveted since returning to office, up to and including the threat of military force to acquire it. How serious should the world take these threats? Where is the competition over Greenland likely to lead? In object lessons, Tyler is setting the mood with a recommendation of Way Dynamic’s album “Massive Shoe [https://waydynamic.bandcamp.com/album/massive-shoe].” Mike is boosting our moods with a preview of “One Movie After Another [https://silver.afi.com/events/detail/0000000178/],” a retrospective of Paul Thomas Anderson films, coming soon to the AFI Silver Theatre in Silver Spring. Scott is setting some mood lighting with his Xenomorph-like bedtime reading light from Glocusent [https://glocusent.com/]. And Ari is getting moody with a revisit of Pedro Almodóvar’s “Pain and Glory [https://en.wikipedia.org/wiki/Pain_and_Glory].” To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare [http://www.patreon.com/lawfare]. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute [https://givebutter.com/lawfare-institute]. ---------------------------------------- Hosted on Acast. See acast.com/privacy [https://acast.com/privacy] for more information.

The “Caracas Like a Hurricane” Special Venezuela Edition

This week, Scott sat down with his Lawfare colleagues Benjamin Wittes, Natalie Orpett, and Molly Roberts for a special deep-dive into the intervention in Venezuela, including: * “A Hop, Skip, and Jump Across the Rubicon.” This past weekend, the Trump administration took the step that Trump has been threatening for months: he deployed special operations to capture Venezuelan dictator Nicolás Maduro and bring him to the United States for criminal prosecution. The targeted operation was only hours long and resulted in no American fatalities, though more than 70 people in Venezuela were reportedly killed. The Trump administration has described it as a “law enforcement” operation. But what was it really? And where did he get the authority to do it? * “A Truly Extraordinary Rendition.” By Monday, Maduro and his wife were in New York being arraigned on an array of drug- and weapons-related conspiracy charges. But prosecuting a head of state—albeit one not recognized by the United States—presents certain unique challenges. How should we expect the criminal case to proceed?  * “Running in Place.” President Trump has asserted that he and his advisers are now going to “run” Venezuela. But he’s left Maduro’s deputy, Delcy Rodríguez, in place, in lieu of the opposition movement the United States and many other countries have recognized as Venezuela’s legitimate government. Trump and his advisers seem intent on dictating terms to Venezuela through the “leverage” provided them by the ongoing quarantine over Venezuela’s oil, and potentially the threat of additional military action. But can this light-touch strategy succeed?  In object lessons, (notably Chicagoan) Natalie delights in her long-standing admiration of The New Yorker with Netflix’s documentary “The New Yorker at 100 [https://www.netflix.com/title/81770824].” Molly approaches Trump’s takeover of D.C. golf courses with a pitch for Knotty by Nature [https://www.knottybynature.net/]’s wooden putters. Scott honors the 5th anniversary of the Jan. 6, 2021, attack on the Capitol with a recommendation of Ellie Silverman’s moving profile of Nathan Tate [https://www.washingtonpost.com/investigations/2026/01/06/capitol-jan6-riot-attack-teacher/] in the Washington Post. And Ben honors the same anniversary with both a revisiting of Lawfare's narrative podcast series The Aftermath [https://www.lawfaremedia.org/podcasts-multimedia/podcast/the-aftermath], and, relatedly, a surprise interview by Holly Berkley Fletcher with one of the attack’s most infamous perpetrators.  To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare [http://www.patreon.com/lawfare]. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute [https://givebutter.com/lawfare-institute]. ---------------------------------------- Hosted on Acast. See acast.com/privacy [https://acast.com/privacy] for more information.