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. Alan flagrantly violates the show’s informal norms with a repeat recommendation—season 2 of The Night Manager (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 to satisfy your basic human need for fire, and 2) long underwear to satisfy your base-layer needs. And Molly restores order with a hat 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. 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-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. Loren is channeling some inner peace with a recommendation of the Snoo. Scott is changing the channel to the bizarre French animated comedy Grizzy & the Lemmings. And Shane is considering a style change a la Ted Danson in A Man on the Inside.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 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.” Mike is boosting our moods with a preview of “One Movie After Another,” 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. And Ari is getting moody with a revisit of Pedro Almodóvar’s “Pain and Glory.”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, 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.” Molly approaches Trump’s takeover of D.C. golf courses with a pitch for Knotty by Nature’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 in the Washington Post. And Ben honors the same anniversary with both a revisiting of Lawfare's narrative podcast series 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. 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.

For the podcast’s annual end-of-year episode, Scott sat down with co-host emeritus Benjamin Wittes, Senior Editor Anna Bower, and Managing Editor Tyler McBrien to talk over listener-submitted topics and object lessons, including:Which sphere of influence is Western Europe in today?What should we make of President Trump's lawsuit against BBC?After nearly a year of the Trump Administration, how do you view the record of Attorney General Merrick Garland?What does the military campaign against alleged narcotics traffickers tell us about checks and balances within the U.S. system around the use of military force (or lack thereof)?With the escalating rhetoric in the Caribbean, what lessons should we be keeping in mind from the lead-up to the Iraq War?What can be done to reverse Americans' tolerance for the slide towards illiberal democracy?And importantly, is Ben's martial arts challenge to Putin still on?For object lessons, our listeners really came through! Blake recommends a couple of coffee table books right up Tyler’s alley: “Building Stories” by Alastair Philip Wiper and "Closure: The Final Days of the Waterford Bicycle Factory" by Tucker and Anna Schwinn. Keenan points out a good companion listen to this podcast in NPR’s Sources and Methods. Liz really embraces the variety show that is “object lessons,” introducing us to Danylo Yavhusishyn—a.k.a., Aonishiki—a Ukrainian-born sumo wrestler, hyping Clair Obscur: Expedition 33 as her Game of the Year, waxing poetic about The Sun Eater book series, and log-rolling her work on the Final Fantasy TCG. Speaking of variety shows, Lisa spotlights the Live from New York: The Lorne Michaels Collection exhibition at UT Austin’s Harry Ransom Center. And Riley asks the crew about their top fiction recommendations for 2026. Tune in to find out what they are!And thank goodness, that’s it for 2025! But don’t worry, Rational Security and the whole Lawfare team will be back with you in the new year to help make sense of what’s to come in national security in 2026!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 down with his Lawfare colleagues Alan Rozenshtein and Ari Tabatabai to talk through a few of the week’s big national security news stories, including:“Once You Pop, You Can’t Stop.” The Trump administration has given a green light to Nvidia to export its powerful H200 chips to China, opening a potentially significant new market while jumpstarting China’s strategically significant AI industry—or, perhaps, making it reliant on U.S. technology. What explains this decision? And how does it align with the Trump administration’s broader reframing of strategic competition with China as a primarily economic problem, as reflected in its recent National Security Strategy?“Lavatories of Democracy.” Late last week, President Trump signed an executive order setting up a number of mechanisms intended to assert federal preemption over and otherwise deter state efforts to regulate the development and use of AI—an executive branch-only effort that followed a failed push to insert a related legislative provision into year-end omnibus legislation. How effective is this measure likely to be? And how wise is it to try and bar the states from regulating AI development and use in the first place?“Some Things You Can’t Make Light Of.” Over the weekend, a pair of gunmen inspired by the Islamic State executed a brutal massacre at a Hanukkah event on Australia’s Bondi Beach, killing 15 people and injuring 40. The violence has shocked Australia, a country with strict gun control laws where incidents of anti-semitism have been on the rise, as in much of the world. What is there to learn from the attack and its aftermath? And what could its ramifications be, both in Australia and further abroad?In object lessons, Alan tells us what the buzz is—seeing Jesus Christ Superstar live. Scott, heavy with Christmas spirit, shares his grandmother’s recipe for sour cream coffee cake (remember, during the holidays, dense=delicious). And Ari keeps us grounded with a recommendation of “Don’t Let’s Go To the Dogs Tonight,” a South African film about a White Zimbabwean family following the Rhodesian Bush War.Rational Security will be having its traditional end-of-year episode later this month, which will focus on listener-submitted topics and object lessons! If you have topics you want us to discuss and object lessons you want to share—whether serious or frivolous—be sure to send them to [email protected] by Dec. 21!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 Lawfare Managing Editor Tyler McBrien and Contributing Editor Alex Zerden to talk through a few of the week’s big national security news stories, including:“Finding the Road to Damascus.” Former dictator Bashar al-Assad fled Syria one year ago this week, bringing a precipitous end to the country’s more than decade-long civil war. In the year since, has the country been able to make progress toward the optimistic future many hoped would follow al-Assad’s ouster? And what obstacles still lie in its path?“Civilizational Self-Confidence Scheme.” The Trump administration has undergone the once-per-term statutorily-mandated ritual of releasing its National Security Strategy. It claims an intent to stay the course on many key bipartisan pillars of U.S. foreign policy, but mixes in heavy doses of isolationism, ethnonationalism, and criticism of Europe for losing its “civilizational self-confidence.” How seriously should we take this document? And what does it tell us about the likely trajectory of U.S. foreign policy?“A Dimon in the Rough?” JPMorgan Chase CEO Jamie Dimon has announced a ten-year initiative to invest $1.5 trillion in U.S. companies critical to U.S. national security and economic resilience. Is this an attempt by Dimon to repair his sometimes frosty relationship with the Trump administration by complimenting its “America First” strategy? Or is it an initiative that more genuinely strikes at the intersection of market logic and U.S. national security?In object lessons, Tyler is exploring the great heritage of American landmarks with “Lost in America: Photographing the Last Days of our Architectural Treasures” an archive of the Historic American Buildings Survey. Scott is embracing the holiday season the classic way—by settling in with delightfully cheesy films like A Merry Little Ex-Mas and Jingle Bell Heist on Netflix. And Alex is broadening the lens with “The World For Sale: Money, Power, and the Traders Who Barter the Earth's Resources,“ by Jack Farchy and Javier Blas, a deep dive into the global trade networks and power brokers who shape the flow of the planet’s resources.Rational Security will be having its traditional end-of-year episode later this month, which will focus on listener-submitted topics and object lessons! If you have topics you want us to discuss and object lessons you want to share—whether serious or frivolous—be sure to send them to [email protected] by Dec. 17!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, Natalie Orpett and Eric Ciaramella to talk through the week’s big national security news stories, including:“The Art of the Ordeal.” The Trump administration has been at the center of yet another bout of shuttle diplomacy the last several weeks, after an initial “28-point plan” for peace in Ukraine it appeared to hash out with Russia was met with widespread skepticism, both at home and in Kiev — leading it to shift focus to a “19-point plan” officials hashed out in closer consultation with Ukrainian officials and European officials, which was subsequently rejected by Russian President Vladimir Putin. What does this chaotic process tell us about the Trump administration’s strategy and priorities? And what is it likely to mean for America’s Ukrainian allies? “The War Crime on Drugs.” Defense Secretary Pete Hegseth is at the center of another controversy, this time over his reported order to “kill everybody” in the first strike on an alleged narcotics-smuggling boat this past September—an order that, intentionally or not, led to a second strike that killed several people who were by that point clinging to wreckage in the open sea, in seemingly clear violation of Defense Department practice and the laws of armed conflict. Hegseth and the White House have sought to shift responsibility for the second strike to senior military personnel, but it’s not clear whether Congress—where Democrats and Republicans on the armed services committees are threatening oversight—are persuaded.“Unlawful Good.” Several legislators who are also current or former servicemembers have been labeled the “Seditious Six” by the Trump administration and its allies for public statements they made reiterating that servicemembers’ are only obligated to follow lawful orders, specifically in relation to ongoing counter-narcotics military operations in the Caribbean. And at least one—Sen. Mark Kelly, a retired naval officer—has been publicly threatened with a court martial by the Defense Department. How seriously should we take these legal actions? And what could the broader ramifications be for the military?In object lessons, Ben uses his once per decade mulligan. Eric recommends his current reading selection, "Chokepoints: American Power in the Age of Economic Warfare," a book that Scott reviewed on the Lawfare Podcast earlier this year. Scott gets into the spirit with one of his favorite seasonal albums, "It's a Holiday Soul Party." And Natalie plugs Lawfare’s new Domestic deployment tracker - plus, a fabulous, olive-filled stuffing recipe (just add croutons!)Rational Security will be having its traditional end-of-year episode later this month, which will focus on listener-submitted topics and object lessons! So if you have topics you want us to discuss and object lessons you want to share—whether serious or frivolous—be sure to send them to [email protected] by Dec. 17th! Hosted on Acast. See acast.com/privacy for more information.

This week, Scott sat down with his Lawfare colleagues Anna Bower, Michael Feinberg, and Roger Parloff to talk through the week’s big domestic news stories, including:“Diving Head First into the Shallow End of the Jury Pool.” A federal magistrate judge has concluded that the government may well have made substantial misrepresentations and other errors before the Grand Jury in the prosecution of former FBI director James Comey, and has ruled that Comey is entitled access to extraordinary discovery to make his case that these errors warrant dismissal, among other possible remedies. What does this ruling—which is now on appeal—mean for the Comey prosecution and for the Trump administration’s other efforts to prosecute the president’s enemies?“The Ep Files: Fight the Future.” Republicans in Congress are hotly divided on the question of the Epstein files. While some Republicans (along with many Democrats) have sought broader disclosures from the Justice Department, among other sources, Speaker Mike Johnson and others have thrown up roadblocks to relevant requests, in part out of apparent concern that they may contain damaging revelations about President Trump. But the White House did an about-face this week, switching to support legislation that would compel disclosure of the investigatory materials—clearing the way for it to move forward. What explains the switch in time? And where might it lead?“Pipe Dreams.” The right wing media outlet The Blaze released a bombshell report last week, indicating that they had identified a law enforcement and intelligence official as the likely perpetrator of the Jan. 6, 2021, attempted pipe bombing of the DNC and RNC headquarters in Washington, D.C.—a longstanding obsession in certain corners of the internet. But its claims were quickly rebuked by senior FBI officials, triggering a round of mutual incrimination and accusation. What does this tell us about the state of the investigation and the broader relationship between the Trump administration, law enforcement officials, and prominent portions of his support base?In object lessons, Anna revisits an older novel, echoed by some current events: Nora Ephron’s “Heartburn.” Roger revisits the November 13, 2015, terrorist attacks across Paris, commemorating the event’s 10-year anniversary with a recommendation of a video on Le Monde. Scott will be revisiting one of his favorite holiday events in the DC area: the Aimee Mann and Ted Leo Christmas Show. And Mike is revisiting novels of the past, bit by bit, through Edwin Frank’s “Stranger than Fiction: Lives of the Twentieth Century Novel.”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 Natalie Orpett, Eric Columbus, and Molly Roberts, to talk through the week’s big national security news stories, including:“I Don’t Think You’re Ready for the Shutdown.” The record-setting shutdown of the U.S. government is set to come to an end after eight Democratic senators agreed to a continuing resolution that will fund all of the government through January 30, certain chunks of the government all the way through the end of the fiscal year, and made a number of concessions along the way. What should we make of this deal, and what are the political ramifications—particularly for Democrats, many of whom are quite angry at those who ultimately voted for this plan?“Overt Acts.” Last week, in a move quite publicly celebrated by his controversial clemency czar Ed Martin, President Trump issued pardons for dozens of individuals accused of participating in efforts to manipulate the results of the 2020 election in his favor, including his former attorney Rudy Giuliani and other alleged “unindicted co-conspirators” in his own, since-abandoned federal criminal prosecution. Indeed, Trump himself was the only one who was federally indicted for 2020 election manipulations, making the most immediate legal effect of these pardons unclear. What is Trump trying to accomplish in issuing them? And what could the ramifications be for future elections?“Law & Order: Special Victims Unit.” Even as his prosecutions against James Comey and Letitia James have faced headwinds, the Trump administration appears to be moving full speed ahead with criminal investigations against other of his perceived enemies—including a large-scale investigation into government reports alleging Russian support for Trump in 2016 that was recently transferred from Justice Department officials in Eastern Pennsylvania to the more Trump-friendly terrain of Southern Florida. What is the current state of the revenge campaign the Trump administration has been pursuing, and where does it seem set to lead?In object lessons, Natalie is appreciating both “The History of the New Yorkers Vaunted Fact Checking Department” and the small army of neurotic geniuses who march forward in pursuit of journalistic integrity. Eric is appreciating The Week Junior, his daughter’s favorite magazine that proves real journalism isn’t just for grown-ups. Scott is appreciating The Far Side’s online presence, updated daily—a reminder that the line between journalism and cartooning is always thinner than we’d like to admit. And Molly is appreciating an “illuminating” visit to Glenstone, where Jenny Holzer’s art reads like journalism etched in light, documenting the lingering shadows of some dark subjects.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.