Vindictive prosecution arguments

This week, Scott sat down with his Lawfare colleagues Molly Roberts, Roger Parloff, and Tyler McBrien to talk through the week’s big national security news stories, including:

• “Jim Spells Seashells By the Seashore.” Former FBI Director James Comey was indicted again this past week, this time for allegedly threatening the life of the president by spelling “8647” in shells at the beach and posting an image on social media. It is a ludicrous argument. So what does it tell us that Acting Attorney General Todd Blanche was willing to file it? And where does Trump’s broader vengeance campaign seem likely to go from here, under whoever becomes the next Attorney General?
• “We Were on a Break!” The Iran War turned 60 days old last week—the deadline by which, under the War Powers Resolution, the president is supposed to wrap up any congressionally unauthorized military operations. But like many of its predecessors, the Trump administration has done no such thing. Instead, it’s argued that the 60-day cut-off was already met by the ongoing ceasefire—even though the Trump administration has continued its embargo of Iranian oil resources and began a new major maritime campaign to open the Strait of Hormuz, triggering exchanges of fire with Iranian forces. What should we make of these arguments? And do they suggest the War Powers Resolution is a dead letter?
• “Strictly Ballroom.” The Trump administration is actively working to capitalize on the recent assassination attempt on Trump to push a federal court to allow its construction of an East Wing ballroom on national security grounds. At the same time, it’s faced new judicial headwinds in its quixotic effort to take over a municipal golf course—the same location where it dumped the (potentially toxic) rubble of the demolished old East Wing. What do these cases tell us about Trump’s efforts to reshape our nation’s capital? And how legitimate are the new efforts to tie these cases to national security?

In object lessons, Roger is revisiting Azar Nafisi’s “Reading Lolita in Tehran,” a tough, yet beautiful read with unfortunate persistent relevance. Molly is memorializing the current metro landscape with her desk globe of Washington, D.C. Scott is sharing his remembrance of Stewart Baker, forever a friend of Lawfare. And Tyler is taking us back to 1971 Boston and Catholic resistance to the Vietnam War with the Divine Intervention podcast.

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