The Lawfare Podcast

Rational Security: The “Wea Culpa” Edition

Nov 5, 2025
This week, Benjamin Wittes, a veteran national security commentator, Alan Z. Rozenshtein, a legal expert, and Kate Klonick, an authority on internet law, delve into a fascinating mix of topics. They explore the fallout from the Heritage Foundation's controversial support for Tucker Carlson, addressing anti-Semitism and the political implications. The trio also discusses the stalled TikTok deal and its broader legal ramifications, alongside the dangerous re-emergence of wartime rhetoric in domestic policies. Their insights reveal deep intersections of politics, technology, and societal values.
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INSIGHT

TikTok Law Foundered On Institutional Failure

  • The TikTok law raised real national security concerns but implementation collapsed under institutional failure.
  • Alan Rozenshtein admits he underestimated how badly enforcement and institutional response would fail.
ADVICE

Design Policy Around Institutional Realities

  • Evaluate policies by how institutions will implement them, not just on legal merits.
  • Design laws with realistic enforcement pathways and anticipate institutional breakdowns.
ANECDOTE

Author's Mea Culpa On TikTok Predictions

  • Alan recounts his early legal confidence about TikTok's constitutionality and his later regret about implementation assumptions.
  • He admits he 'failed' to foresee enforcement breakdowns and company behavior.
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