The Lawfare Podcast Lawfare Daily: Breaking Down Trump’s Diesel Deal with Russia
Oct 15, 2026
Rachel Alpert, a former OFAC chief counsel, and Peter Harrell, a former Biden National Security Council official, unpack Trump’s authorization of Russian diesel transactions. They examine the law behind General License 135, commercial and litigation risks, global fuel-market limits, and the political impact on Ukraine. The discussion also explores whether the policy reflects shifting U.S. pressure from Moscow toward Kyiv.
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The Diesel License Faces A Statutory Problem
- The central legal dispute is whether OFAC can use an executive-branch license to override a statutory import prohibition.
- The administration relies on language requiring implementation consistent with Executive Order 14066, but Scott R. Anderson views that argument skeptically.
Ambiguous Drafting Gives OFAC An Argument
- Rachel Alpert argues that “implementation actions” can include regulations and general licenses, potentially allowing the administration’s interpretation.
- Earlier drafts expressly limited licensing, but Congress removed that language and replaced it with ambiguous wording tied to Executive Order 14066.
The Legal Fight Turns On Congressional Intent
- Peter Harrell argues Congress likely meant to preserve only licenses existing when the 2022 law passed, not create open-ended future authority.
- The statute’s detailed peace-related termination process would make little sense if the president could end the ban through licensing alone.