The Lawfare Podcast

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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INSIGHT

Executive Actions: Substance vs. Show

  • President Trump issued numerous executive actions on his first day, covering various areas like foreign policy and immigration.
  • Some are substantive policy changes, while others are performative, prioritizing rhetoric over action.
INSIGHT

Sloppy Lawyering

  • Many of Trump's executive orders are performative, containing extensive rhetoric but lacking substance.
  • Quinta Jurecic notes their legal sloppiness suggests a lack of thorough review by legal experts.
INSIGHT

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.
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