In this discussion, Natalie Orpett, Lawfare's executive editor, provides insights on the ongoing government shutdown and its implications for Democrats. Molly Roberts analyzes Trump's recent pardons for associates linked to the 2020 election, questioning their potential impact on future elections. Eric Columbus weighs in on the political dynamics within the Senate that led to the shutdown resolution. The group also tackles the consequences of politically charged prosecutions and their chilling effects on the legal landscape.
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insights INSIGHT
New Senate Cause Of Action Has Big Risks
The Legislative Branch Appropriations Act creates a per-incident private cause of action for senators over data seizures, potentially costing taxpayers large sums.
It backdates claims to Jan 2022 and covers subpoenas and metadata, raising constitutional and practical questions.
insights INSIGHT
Legal Limits May Undercut Retroactive Claims
Constitutional standing and Supreme Court precedents (e.g., TransUnion) may limit senators' ability to recover for data seizures absent concrete harm.
Retroactive statutory liability faces both legal and practical hurdles despite political appeal.
insights INSIGHT
Pardons Send Political Signals More Than Legal Shields
Trump's pardons for alleged 2020 election manipulators are largely symbolic federally because many prosecutions are state-based or already inactive.
The pardons aim to shape narrative and reward loyalty rather than halt ongoing federal cases.
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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.
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