The Lawfare Podcast

Rational Security: The “Whole Etsy Store of Horrors” Edition

9 snips
Aug 20, 2025
Anna Bower, a senior editor at Lawfare, Chris Mirasola, a legal expert, and Mykhailo Soldatenko, a Harvard scholar focusing on Ukraine and Russia, delve into pressing national security topics. They analyze the recent high-stakes diplomacy involving President Trump, Putin, and Zelensky, discussing the complexities of negotiating peace in the Ukraine conflict. The trio also explores federal law enforcement's controversial role in D.C. and the legal intricacies of military deployment, alongside intriguing insights into the Epstein files and their political ramifications.
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INSIGHT

Guarantees Need Military Backbone

  • Security guarantees matter only alongside a strong Ukrainian army and credible external commitments.
  • Guarantees on paper risk failure without co-located forces, training, and deterrent posture.
ADVICE

Watch National Guard Legal Posture

  • Expect out-of-state National Guard in D.C. to operate under governors' command using Section 502F mobilization.
  • Monitor deployments closely because protective-power missions can expand into law-enforcement-like roles.
INSIGHT

Limits Of The Protective Power

  • The protective power is a narrow, contested doctrine focused on discrete federal property and personnel.
  • Expanding it to general municipal policing would overturn decades of executive-branch precedent and separation-of-powers norms.
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