Rational Security: “The Next First Day of the Rest of Our Lives” Edition
Jan 22, 2025
The discussion kicks off with a lighthearted examination of the implications of time as January 21st, 2025 approaches. A dive into Donald Trump's executive orders reveals a mix of impactful and performative policies shaping national security. The unexpected backlash against the TikTok ban showcases shifting political dynamics influenced by user pressure, while Silicon Valley's complex relationship with Trump adds intrigue. The recent ceasefire in Gaza is unpacked, raising questions about its prospects for lasting peace amidst ongoing tensions.
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Three Categories of Executive Orders
Benjamin Wittes categorizes the orders into three types: those designed to do something, those designed to say something, and those that are huge if real.
The pardons fall into the "do something" category, as they have a real impact on individuals.
insights INSIGHT
New Constitutional Vision
Many executive orders contain an explicit articulation of a new constitutional vision.
For example, the "defending the states from invasion" order asserts broad presidential authority on immigration enforcement.
question_answer ANECDOTE
Birthright Citizenship Lawsuit
The birthright citizenship executive order is poorly drafted, expanding the scope beyond the "invasion" argument.
This creates numerous sympathetic plaintiffs and raises questions about the order's true intent.
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This week, Scott sat down with his Lawfare colleagues and hosts emeriti Benjamin Wittes, Quinta Jurecic, and Alan Rozenshtein to talk through the week’s big—and we mean BIG—national security news, including:
“Executive Disorder.” America’s once-and-future President Donald Trump hit the ground running, issuing dozens of executive actions on his first afternoon in office, from once again withdrawing from the Paris climate agreement to pardoning or commuting the sentences for almost everyone involved in the Jan. 6 insurrection. But which actions are important and which are just for the show? And what do they tell us about what to expect from a second Trump presidency?
“Swiping Up on Consistency.” The Supreme Court’s decision to uphold the law banning TikTok triggered an unexpected crisis last week, as TikTok users who suddenly realized the platform was in danger apparently mounted a pressure campaign against elected officials that led several, including President Biden, to waffle on the desirability of the ban. But incoming President Donald Trump, who once tried to ban TikTok himself, jumped in with an order temporarily delaying the ban—a move that TikTok thanked him for by name in a notice on the platform after service was restored. What explains the sudden about-face among supporters of the TikTok ban?
“Cease and Assist.” After more than a year of brutal hostilities, the parties have finally agreed to a ceasefire in the conflict over Gaza. But as Israeli hostages are gradually let free, humanitarian assistance resumes, and displaced Gazans return to their devastated neighborhoods, real questions remain. Is this just a pause or an end to the conflict? And what comes next in Gaza either way?
In object lessons, Ben encouraged listeners to listen to Merrick Garland’s farewell speech to the Justice Department, regardless of how you feel about the former attorney general. Quinta embraced a sense of escapism with her praise of the Wallace & Gromit movies, particularly the newest addition to the franchise, Wallace & Gromit: Vengeance Most Fowl. And Scott—wondering what will become of us now—mustered up his best inner disgruntled, middle-aged Millennial voice to recommend Michael Longfellow’s plea to not ban TikTok from SNL’s Weekend Update.
The Lawfare Podcast