Rational Security: The “Scoot Over” Edition
Scott Anderson, Benjamin Wittes, Anna Bower, and Michael Feinberg talked through the latest in national security news.
This week, Scott sat down with his Lawfare colleagues Editor in Chief and co-host emeritus Benjamin Wittes and Senior Editors Anna Bower and Michael Feinberg to talk through the latest in national security news, including:
- “Humphrey’s Executioner.” On June 29, the Supreme Court closed out its term with a trio of decisions on the president’s power to fire officials at supposedly independent agencies. In Trump v. Slaughter, a 6–3 majority upheld Trump’s firing of FTC Commissioner Rebecca Slaughter and overruled the 90-year-old precedent Humphrey’s Executor, handing the president at-will removal power over roughly two dozen multimember agencies. The same day, in Trump v. Cook, the Court refused 5–4 to let Trump remove Federal Reserve Governor Lisa Cook, carving out a special exemption for the central bank. And a day later, in Blanche v. Perlmutter, the justices declined to let Trump oust Register of Copyrights Shira Perlmutter, whose office sits within the legislative branch. Taken together, what do these cases tell us about the unitary executive and the future of agency independence?
- “For Your Lies Only.” The Office of the Director of National Intelligence is in freefall. Since Bill Pulte—a housing-finance official with no intelligence background—took over as acting DNI on June 19, he has demanded a roster of every employee, fired the head of the office that oversees the President’s Daily Brief, and all but liquidated the National Intelligence Council. The fight over his appointment has already cost the government its Section 702 surveillance authority, which lawmakers let lapse rather than leave in his hands, and Trump abruptly canceled the confirmation hearing for his own permanent nominee, Jay Clayton, to keep the “less shackled” Pulte in place. How did the nation’s top intelligence coordinator get here—and how much damage can a politicized ODNI actually do?
- “Fixer Upper.” In one of the stranger turns of the Trump era, Michael Cohen—the former “fixer” whose testimony helped convict Trump of 34 felonies—says he and the president have reconciled. Cohen, who once vowed to flee the country if Trump won, said that the ice between them “didn’t just melt, it broke,” and he is now taking a weekend slot on a conservative station with what he says was Trump’s “glowing recommendation.” The thaw arrives as Trump’s appeal of his New York conviction and related civil fraud judgment grind forward—and after Cohen publicly claimed he felt “pressured and coerced” to testify. What might Cohen’s turn mean for that pending appeal?
In object lessons, everyone is in a unifying mood. Ben demonstrates how RAGtime, his co-creation with AI overlord Claude to develop and analyze datasets, can find common cause between this week’s co-hosts. Mike is enthusiastic about the new Criterion Collection bringing together all of Stanley Kubrick’s works. Scott is reaching for perhaps humanity’s greatest unifier—a certain beverage that can be enjoyed across political persuasions and coasts alike. And Anna is bringing us all to the world of personal essays with Jo Ann Beard’s “The Fourth State of Matter.”
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Scott R. Anderson is a Senior Editor at Lawfare and General Counsel of the Lawfare Institute. He is also a Senior Fellow in Governance Studies at the Brookings Institution and a Non-resident 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.
Michael Feinberg is a former Assistant Special Agent in Charge with the Federal Bureau of Investigation, where he spent the overwhelming majority of his career combatting the PRC’s intelligence services. He is a recipient and multiple times nominee of the FBI’s highest recognition, the Director’s Award for Excellence, as well as numerous other Bureau honors and ODNI commendations. Prior to his service with the FBI, he was an attorney in both private and public practice. The opinions presented here are entirely his own and not those of the U.S. government.
Benjamin Wittes is editor in chief of Lawfare and a Senior Fellow in Governance Studies at the Brookings Institution. He is the author of several books.
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