Rational Security: The “Sweet Dreams Are Made of Cheese” Edition

Oct 1, 2025

Guest

Anna Bower

Guest

Alan Z. Rozenshtein

Alan Rozenshtein, Lawfare's Research Director and constitutional law professor, joins Anna Bower, Senior Editor and litigation correspondent, to dive into provocative national security issues. They dissect the controversial indictment of former FBI Director James Comey, raising questions about politicization within the DOJ. The conversation shifts to California's new law limiting law enforcement’s mask usage and its constitutional implications. Lastly, they explore groundbreaking AI safety legislation, debating its potential impact on public safety and industry compliance.

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INSIGHT

Unusual Process Suggests Political Pressure

The Comey indictment illustrates deep procedural and ethical concerns at DOJ, not just factual disputes.
Rapid personnel changes and a bare-bones indictment suggest political influence over prosecutorial judgment.

INSIGHT

Career Prosecutors' Refusal Is Telling

Alan Rozenshtein calls this prosecution a collapse of DOJ as a rule-of-law institution.
He highlights the bare-bones indictment and absence of career prosecutors as evidence of improper politicization.

ADVICE

Use Vindictive Prosecution Motion Early

Comey's defense should strongly consider a vindictive prosecution motion given public evidence of animus.
That motion could force discovery and potentially lead to dismissal on process grounds.

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This week, Scott sat down with his colleagues Alan Rozenshtein and Anna Bower to talk through the week’s big national security news stories, including:

“A Higher Loyalty.” The Justice Department appeared to bow to the demands of President Trump last week when, over the reported objections of several senior officials, it successfully sought the indictment of former FBI Director James Comey for allegedly false statements he made to Congress. But the prosecution is raising a lot of questions among legal experts about the procedures, the substance, and what exactly its odds are for success moving forward. What should we make of this move by the Justice Department? What does this tell us about the prospects for weaponization moving forward?
“A Right to Bare Faces.” California has enacted a new law that, among other measures, will require law enforcement officers of all stripes to limit their use of face masks. But legal experts are torn on whether this policy can constitutionally apply to its clear target: the ICE personnel and other federal law enforcement officers who have started wearing masks for even routine law enforcement activities. How likely is the new law to achieve its goals?
“Legal Code.” California has passed a first of its kind AI safety law, with the support (or at least acquiescence) of industry leaders. Does this point a way forward for AI safety legislation? And how will it make us safer?

In object lessons, the AI overlords completely take over. Alan is vibe coding his way to paying for his kids’ college tuition. Scott’s AI alter ego is making easier work of docket watching with NotebookLM. And even Anna, in search of Jimmy Kimmel jokes, gets a little AI anecdote in through her recent tour of NYC comedy clubs.

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