Rational Security: The "Chicken Sh*t Bingo" Edition
Scott Anderson, Anna Bower, Kevin Frazier, and Kate Klonick discussed the week's big news in national security.
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This week, Scott sat down with his Lawfare colleagues Senior Editors Anna Bower, Kevin Frazier, and Kate Klonick to talk through the week’s big news in national security, including:
- “The X Post Facto Rule.” The Justice Department and lawyers representing Anthropic faced off last week in a Northern California courtroom over whether Defense Secretary Pete Hegseth’s X post and som related communications amounted to an official order and if the Pentagon’s supply chain risk designation retaliated against the company’s First Amendment-protected views, among other issues. On March 26, Judge Rita Lin, in that case, stayed the supply chain risk designation, ruling that the Pentagon had, in fact, retaliated unlawfully against Anthropic. We’re also waiting for another related decision from a D.C. Circuit panel, expected to come down any time now. What should we make of Judge Lin’s ruling, and do we expect the D.C. Circuit to follow suit? And what does it all mean for AI companies and their relationship with the government?
- “Strait Outta Options.” Oil, gas, helium, pharmaceuticals, and fertilizer—the ongoing conflict with Iran has upended global supply chains, with the Strait of Hormuz remaining closed as critical infrastructure in neighboring Gulf states faces Iranian attacks. The U.S. has started to feel the first of its effects through rising costs and a trepidatious stock market, reminiscent of the supply chain shortages felt during the coronavirus pandemic. It's unclear how severe and how long they will last, but what could be some of the national security and political implications if the supply chain shocks continue? And what does it mean for the trajectory of the Iran conflict?
- “Space: The Financial Frontier.” NASA astronauts launched this week on the Artemis II mission, the first crewed mission to orbit the moon in more than half a century. It’s the biggest step to date in the new emerging space race, most specifically with China—one driven predominantly by private actors, the biggest of whom, SpaceX, is preparing to make an unprecedentedly large initial public offering in coming weeks. How should we feel about this new, very different space race compared to past ones? And what might it mean, both for good and ill?
In object lessons, Kate looks forward to filling the pages of her new notebook and ponders if she has so much to say that she’ll need another one. Anna wants immunity from ridicule for her love of Survivor. Scott is impatiently waiting for his chance to binge all of the new season of For All Mankind. And Kevin applauds boring AI—that is, using new technology to ease enduring human challenges.
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Scott R. Anderson is a fellow in Governance Studies at the Brookings Institution and a Senior Fellow in the National Security Law Program at Columbia Law School. He previously served as an Attorney-Adviser in the Office of the Legal Adviser at the U.S. Department of State and as the legal advisor for the U.S. Embassy in Baghdad, Iraq.
Anna Bower is a senior editor at Lawfare. Anna holds a Bachelor of Laws from the University of Cambridge and a Juris Doctorate from Harvard Law School. She joined Lawfare as a recipient of Harvard’s Sumner M. Redstone Fellowship in Public Service. Prior to law school, Anna worked as a judicial assistant for a Superior Court judge in the Northeastern Judicial Circuit of Georgia. She also previously worked as a Fulbright Fellow at Anadolu University in Eskişehir, Turkey.
A native of Georgia, Anna is based in Atlanta and Washington, D.C.
Kate Klonick is an Associate Professor at St. John’s University Law School, a fellow at the Brookings Institution, Yale Law School’s Information Society Project, Harvard Berkman Klein Center and a Distinguished Scholar at the Institute for Humane Studies. Her writing on online speech, freedom of expression, and private internet platform governance has appeared in the Harvard Law Review, Yale Law Journal, The New Yorker, the New York Times, The Atlantic, the Washington Post and numerous other publications. For the 2023-2024 academic year, she was a Fulbright Schuman Innovation Scholar in the European Union where she was a Visiting Professor at SciencesPo and University of Amsterdam researching and writing about the Digital Services Act and Digital Markets Act.
Kevin Frazier is a Senior Fellow at the Abundance Institute, Director of the AI Innovation and Law Program at the University of Texas School of Law, a Senior Editor at Lawfare, and a Adjunct Research Fellow at the Cato Institute.
