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Rational Security

The “Tornado Kash” Edition

Rational Security

The Lawfare Institute

Foreignpolicy, Nationalsecurity, News, Government, Politics, Middleeast

4.82K Ratings

🗓️ 12 December 2024

⏱️ 77 minutes

🧾️ Download transcript

Summary

This week, Scott was joined by his Lawfare colleagues Benjamin Wittes, Eugenia Lostri, and Tyler McBrien to break down the week's big national security news, including:

  • “The Long Road to Damascus.” Syria’s Assad regime collapsed suddenly last week in the face of a rebel offensive, ending thirteen years of revolution. What comes next, however, is anyone’s guess. How will this shift impact regional security? And how is the incoming Trump administration likely to respond?
  • “Pardonez-Moi.” President-elect Donald Trump’s decision to nominate unabashed loyalist Kash Patel—a person who has published a book listing political enemies he thinks should be prosecuted by the Justice Department—for the soon-to-be-vacant position of FBI Director has renewed concerns that the incoming Trump administration will use the Justice Department to prosecute his political enemies. President Biden may have responded in part by pardoning his son Hunter for a wide range of conduct—and some are arguing he should extend similar protections to others the Trump administration may target. How real is the threat of such targeted prosecution? And are preemptive pardons the right protection?
  • “Not in Kansas Anymore.” The Fifth Circuit recently issued what may prove to be a landmark sanctions decision, holding that certain Tornado Cash automated cryptocurrency contractual mechanisms sanctioned by the Treasury Department do not constitute “property” within the meaning of the International Emergency Economic Powers Act and thus cannot be sanctioned. It’s also one of the first appellate court decisions to apply the Supreme Court’s recent Loper Bright decision, which ended Chevron deference to agency interpretations of ambiguous statutes, in the national security context. How persuasive is the court’s opinion? And what impact will it have on U.S. policy in this area?

For object lessons, Ben endorsed(?) Kash Patel's three childrens' books as confirmation must-reads. Eugenia amped up everyones' holiday parties with a surefire recipe for maple cookies. Scott recommended the Lion's Tail as a surprisingly seasonal tiki-ish cocktail. And Tyler celebrated transition season with three recommended political profiles, specifically of Kash PatelRon Desantis, and Donald Trump circa 1997.

Also, Rational Security will be saying goodbye to 2024 in its traditional fashion: by discussing listener-submitted topics and object lessons! To submit yours, call in to (202) 743-5831 to leave a voicemail or email [email protected]. Just do it by COB on December 18!

To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.



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Transcript

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0:00.0

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0:04.8

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0:07.9

For a limited time, you can give a subscription when you buy one for yourself,

0:12.1

perfect for those who think big, just like you.

0:15.4

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0:18.7

podcasts, newsletters, films, and more.

0:22.2

So head over to Economist.com slash holiday gifting offer to take advantage of this

0:27.3

gifting offer, ending soon.

0:32.9

Hey there, Rational Security listeners, Scott Anderson here with a quick note before we get

0:36.9

started.

0:37.8

This year, we will be saying goodbye to 2024 in our traditional fashion by discussing

0:43.1

listener submitted topics and object lessons.

0:45.9

To submit yours, call us at 202-743-5831 and just leave us a voicemail with your topic or object

0:53.6

lesson that we can play on the air, or feel free to email them to us at rational security at lawfaremedia.org.

0:59.7

Either way, please just do it by close-up business on December 18th so we can include them in this year's episode.

1:05.3

Thanks so much.

1:07.2

So, Ben, we were chatting a bit about your feelings on capital T, capital A, the algorithm

1:13.1

last night.

1:15.3

How is that not the name of a rapper already?

1:17.6

I feel like that somebody needs to jump on this stack.

1:19.8

There's already logic.

1:21.0

But yeah, Ben, you seem to have some pretty strong feelings about it.

...

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