Government Shutdown Messaging and Legal Issues

This week, Scott sat down with his Lawfare colleagues Benjamin Wittes, Kate Klonick, and newly-minted Senior Editor Molly Roberts to talk through the week’s big national security news stories, including:

• “Peace by Piece.” The first phase of the Trump administration’s peace plan for Gaza went into effect on Monday, resulting in the return of the last living hostages held by Hamas to Israel, among other exchanges. President Trump celebrated the moment with a triumphal speech in front of the Israeli Knesset, followed by a peace conference at Sharm el-Sheikh where the United States signed a joint statement with the heads of state of Egypt, Qatar, and Turkey. While much work remains to be done on implementing the deal, even Trump’s Democratic political rivals have lauded the deal. How much credit does the Trump administration truly deserve? And where is the conflict likely to head from here?
• “Un-Civil Service.” Since the U.S. government shut down at the end of September, U.S. agency websites and emails have been plastered with messages unequivocally blaming congressional Democrats and the “radical Left.” It’s an unprecedented use of government resources for a set of messages that looks quite political—exactly what the Hatch Act, among other laws, was intended to prevent. Are these messages consistent with the law? 
• “Out of Our Element.” China kicked off a major new phase in its economic war with the United States last week, when it imposed major new export controls and rare earth metals and components derived from them—materials essential to various high-end technologies, including the semiconductors that power artificial intelligence. President Trump has since responded with a threat to impose 100% tariffs on Chinese imports—but what China may really want is a relaxation of export controls on AI-related semiconductors. How big a threat is China’s weaponization of its rare earth exports? And how should the United States and its allies respond?

In object lessons, Ben shares his new campaign to troll the Russian embassy—an offensive involving 100 dead sunflowers. Kate has an existential crisis over her (old? new? what is time?) college sweatshirt. Scott gets spicy with a plea to listeners about what to do with his abundance of Bhut Jolokia peppers. And Molly brings a bit of beauty to the party with a Prinsesstårta, no doubt something she’ll be asked to make for the office.

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