Rational Security: The “Sad Norman Rockwell” Edition
Nov 21, 2024
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This week’s discussion features Molly Reynolds, a Brookings Senior Fellow, and Chris Mirasola, an assistant law professor at the University of Houston. They dive into the controversial use of U.S. military forces for deportations under a national emergency declaration. The conversation also covers Senate procedures for recess appointments amid Trumps's controversial nominees, the complexities of TikTok's legal challenges, and the potential constitutional implications of these political maneuvers. Their insights blend humor with critical analysis of national security issues.
The podcast discusses the implications of using military forces for domestic immigration enforcement, raising concerns about civilian oversight and executive power.
It highlights the strategic maneuvering of Trump's administration regarding recess appointments amid concerns of bipartisan resistance and constitutional legitimacy.
The conversation touches on the cultural impact of early Saturday Night Live as a means of social commentary on historical and current political landscapes.
Deep dives
The Impact of Online Privacy Services
The introduction of online privacy services, such as Delete Me, highlights the growing concern about personal data exposure in the digital age. These services find and remove users' information from data brokers, significantly reducing the risk of identity theft, doxing, and phishing scams. One user shared their experience of having their data removed from numerous brokers, emphasizing the anxiety associated with personal information being easily accessible. Such resources are increasingly crucial as the amount of personal data available online continues to expand.
Holiday Preparations and Stressful Traditions
As the holiday season approaches, discussions among hosts reveal the stress and chaos often accompanying family gatherings. The humor found in planning meals or dealing with overwhelming guest lists reflects the relatable anxiety many face during this busy time. There is a light-hearted acknowledgment of the pressure to create the 'perfect' holiday experience, juxtaposed with more realistic, unconventional meals like takeout from KFC. This sentiment underscores the importance of humor and shared experiences in navigating the stress of family traditions.
The Authority of the President in Military Deployment
The podcast delves into the legal implications of a president's authority to use military forces domestically, particularly regarding immigration enforcement. Recent suggestions from President Trump reveal a plan to potentially declare a national emergency and utilize troops for deportation purposes, invoking previous legal precedents established during his first term. Experts discuss the flexibility provided by existing emergency declarations that allow the military to be mobilized under certain circumstances, such as drug trafficking or immigration enforcement. This raises significant concerns about the erosion of civilian oversight and the long-term consequences of involving the military in domestic governance.
Recess Appointments and Political Maneuvering
The podcast addresses the delicate balance of power between the executive and legislative branches regarding recess appointments, particularly within Trump's incoming administration. Speculation regarding potential nominees reveals bipartisan apprehensions about whether Senate Republicans will stand firm against contentious appointments or yield to executive pressure. The legal framework surrounding recess appointments, especially in instances of perceived 'disagreement' between Congress, challenges traditional legislative authority. This situation stresses the importance of Congressional oversight as a check on presidential ambitions, especially given Trump's history of contentious nominations.
TikTok's Legislative Obstacles
Recent discussions surrounding TikTok's future in the U.S. spotlight the intertwined roles of the executive branch and Congress in determining the app's legality. The Protecting Americans from Foreign Adversary Applications (PFACA) legislation, aiming to prohibit TikTok unless it undergoes a divestiture, reflects the growing concerns of data privacy and national security. The uncertainty surrounding presidential discretion in interpreting divestiture provisions raises questions about executive overreach and compliance from major tech companies. Legislators must navigate their positions amidst increasing pressures and dissenting views within their own party regarding national security measures.
Cultural Reflections Through Entertainment
The podcast touches on the cultural impact of early Saturday Night Live as a reflection of 1970s bohemian New York, showcasing the power of television as a medium for social commentary. By juxtaposing historical moments with current political realities, it illustrates how entertainment can provide critical insights into societal attitudes and issues. The revival of interest in SNL's opening episodes serves to highlight not only comedic performances but also the diverse artistic expressions present during its inception. This serves as a reminder of the importance of preserving these cultural artifacts for their historical relevance.
This week, Scott sat down with Lawfare Senior Editors Molly Reynolds and Alan Rozenshtein, and with University of Houston Law Center Assistant Professor of Law Chris Mirasola, to talk through the week’s big national security news, including:
“Troops, There It Is.” President-elect Donald Trump raised eyebrows this week when he suggested that he intended to declare a national emergency and use U.S. soldiers to implement his planned deportation of undocumented migrants from the United States—the first of many potential domestic uses of the military some fear he will pursue. But does the president have the authority to use the military in this way? And is a(nother) national emergency really necessary?
“Break It ‘Til You Make It.” Some have expressed serious doubt as to whether the incoming Trump administration’s flurry of highly controversial nominees for senior positions in government will be able to successfully make its way through even the Republican-held Senate. But doing so may not be necessary, as Trump’s allies are reportedly exploring a legal scheme by which he can use a never-before-used authority to adjourn Congress to force the Senate into an extended recess, and then appoint his preferred nominees as recess appointments. How plausible is this legal theory? And what role is it likely to play in Trump’s confirmation strategy?
“Rolling Back the Clock.” While he was once one of TikTok’s greatest enemies, President-elect Trump has changed his tune: on the campaign trail, he came out against the ban on the controversial social media platform passed by Congress, which is sent to go into effect early next year if its China-associated owners do not divest. Will Trump try to come to TikTok’s rescue? And if so, what could he do?
For object lessons, Alan recommended the childrens’ audio player “Yoto,” to the fervent applause of the other guests and their young children. Molly embraced her Patrick Radden Keefe fandom one more time to recommend FX’s forthcoming adaptation of his book, “Say Nothing.” Chris endorsed Jon Batiste’s new album “Beethoven Blues.” And Scott urged listeners to follow his lead and take in an aptonymous double-feature this weekend: the new film “Saturday Night”and the first ever 1975 episode of “Saturday Night Live”that it’s about.
Note: We will be taking the week of Thanksgiving off, but we’ll be back with a new episode of Rational Security on Thursday, December 5. We’re thankful for your continued support of the show!
