Rational Security: The "Humphrey's Executor's Executor" Edition

6 snips

Apr 10, 2025

This week, James Pearce, a Senior Legal Fellow at Lawfare and expert in law, joins the discussion on pressing national security issues. The group analyzes a pivotal Supreme Court ruling affecting the Trump administration's immigration policies, emphasizing the due process rights of detainees. They also dive into the complex implications of the 'Humphrey's Executor' case on executive authority, questioning the future independence of federal agencies. Throughout, a mix of humor and serious legal insights keeps the conversation engaging.

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ANECDOTE

Dog Shirt Diplomacy

Benjamin Wittes receives dog shirts from designers and diversifies his collection to antagonize Quinta Jurecic.
He prefers shirts with 3D dogs that appear to be judging the observer.

INSIGHT

Due Process Loophole

The Supreme Court's ruling on Venezuelan nationals' removal requires some process, but the specifics are unclear.
This leaves room for the government to exploit loopholes while appearing to comply.

INSIGHT

Pyrrhic Victory?

The Trump administration may have won on the jurisdictional issue, but lost on the procedural one regarding process for removal.
This raises questions about the administration's strategic goals and whether they will continue to rely on the Alien Enemies Act.

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This week, Scott sat down with co-hosts emeritus Benjamin Wittes, Quinta Jurecic and Lawfare's new senior legal fellow James Pearce to talk through the week's biggest national security news stories, including:

“Midnight Planes Going Anywhere.” The Supreme Court has weighed in on the Trump administration’s decision to quickly fly dozens of Venezuelan nationals to El Salvador with little to no meaningful process, holding that those detained had to be provided notice and an opportunity to challenge their removal, but only through habeas in their place of detention. Meanwhile, we are still awaiting the Court’s final decision on whether a lower court can direct the executive branch to seek the return of another man who was removed to El Salvador by mistake. What will these decisions mean for the Trump administration’s aggressive deportation policies?
“All the King’s Horses and All the King’s Men, Won’t Be Able to Put Humphrey’s Together Again.” Watchers of the D.C. Circuit may have suffered whiplash this week, as an appellate panel reversed a district court’s conclusion that the Trump administration’s removal of statutorily protected members of the Merit Service Protection Board and National Labor Review Board was most likely unlawful, only for the panel itself to be reversed in short order by the whole en banc court. The issues now seem clearly poised for review by the Supreme Court. Is Humphrey’s Executor and other case law preserving independent agencies toast? Or might the Court stop short of killing independent agencies altogether?
“A Duty of Pander.” Attorney General Pam Bondi punished a Justice Department attorney this week after he admitted to a federal court that he had not been provided adequate answers to some of the court’s questions. It’s the latest in a parade of disciplinary actions accusing attorneys of disloyalty for engaging in candor with the federal courts over the confusion that some of the Trump administration’s policies have caused. Is the Attorney General within her rights to crack down on these actions? And what impact will her demand for loyalty have on the Justice Department’s relationship with the federal courts?

For object lessons, Quinta recommended the movie "Margin Call" as a reflection on the last financial crisis, as we prepare for the next one. Ben brought attention to Russia's brutal and inhumane attack on a children's playground in Ukrainian President Volodmyr Zelensky's hometown of Kryvi Rih, which underscores just how committed Russia really is to peace. Scott shared his latest home pizza discovery—a one hour no-knead recipe for pan pizza crust from King Arthur's Baking—as well as his next experiment: an all edge pieces pan pizza. And James gave a double-header object lesson, sharing his participation in the Baker to Vegas footrace and his reading of another story about something even more inhuman: Mary Shelley's Frankenstein.

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