The Lawfare Podcast

Rational Security: The “Techs Appeal” Edition

10 snips
Oct 1, 2026
Tyler McBrien, Lawfare managing editor, joins former FBI fellow Michael Feinberg and court reporter Anna Bower for a lively tour of national security news. They examine third-country deportations, Supreme Court tensions, judicial contempt fights, collapsed corruption investigations, and the White House’s evolving media strategy. They also veer into scientific hubris, ultralight gear, fantasy football forfeits, and robot combat.
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INSIGHT

The Supreme Court Gives One Side A Blank Check

  • The Supreme Court unusually invited only the government to identify additional questions for review.
  • Michael Feinberg said that unilateral invitation lets one party shape the debate while denying the opposing side equal input.
INSIGHT

Why Boasberg’s Contempt Inquiry Still Matters

  • The D.C. Circuit appeared likely to let Judge Boasberg continue investigating contempt over deportation flights.
  • The government argues that identifying a single decision-maker ends the inquiry, even though that person may now be outside government.
INSIGHT

Unexplained Shadow Docket Orders Create Chaos

  • Lower courts face a conflict between enforcing their orders and Supreme Court skepticism toward aggressive district-court intervention.
  • Michael Feinberg argued that unexplained shadow-docket rulings force hundreds of courts to guess at the reasoning.
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