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Rational Security

The "Humphrey's Executor's Executor" Edition

Rational Security

The Lawfare Institute

Foreignpolicy, Nationalsecurity, News, Government, Politics, Middleeast

4.8 • 2K Ratings

🗓️ 10 April 2025

⏱️ 80 minutes

🧾️ Download transcript

Summary

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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Transcript

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0:00.0

Acast recommends.

0:02.0

Hi, my name's Paloma Faith and this is my new show.

0:06.0

One, two, three, four!

0:07.0

I'm really mad, sad and bad.

0:10.0

I've been called mad and bad my whole life.

0:13.0

I've also had some real moments of sad, so I decided to make a podcast.

0:17.0

This series, I'll be speaking to my favourite actors, comedians, musicians and thinkers to find out what makes them mad, sad and bad. Out now.

0:27.3

This is like free therapy for you, wouldn't it?

0:34.7

A-cast is the home of podcasting, including such shows as,

0:38.5

blog books, the high performance podcast, and the one you're listening to right now.

0:47.4

Ben, I feel like spring has sprung.

0:49.4

You have broken out the colorful light sport coat.

0:52.4

You have a kind of an air of a kind of a character from the

0:56.6

music man about you in this particular outfit, I feel like, and I enjoy it. Although you picked

1:01.7

the coldest day of the month to do it in, but that's okay. I mean, I get hot very easily and cold,

1:09.6

very seldom.

1:11.7

So this is perfect weather from my point of view.

1:16.1

But I will point out with respect to the dog shirt framed by this jacket that I got into the elevator today at Brookings.

1:26.4

And Molly Reynolds walked into the elevator with a young

1:31.3

staffer who took one look at my shirt and said, I love your shirt. And Molly burst out laughing,

1:39.7

and I said, see, it never does fail to start a conversation. So, eat that, Quinta, Jurecic.

1:48.5

I never, I never said it failed to start conversations. Does your sober turtleneck inspire

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