Rational Security: The “Too Much Molly” Edition

This week, Scott sat down with Lawfare Editor in Chief and cohost emeritus Benjamin Wittes, Lawfare Senior Editor Molly L. Roberts, and Vice President and Director of Governance Studies at the Brookings Institution Molly E. Reynolds to talk through the week’s big news in national security, including:

• “Pocket Change.” Late on Friday, September 25, the White House sent Congress an $810 million “pocket rescission”—a request to cancel already-appropriated federal funding, timed so the money will expire at the end of the fiscal year on September 30, before the 45 days Congress has to review the rescission request. It’s the second time the Trump administration has used the maneuver after the Supreme Court let the pocket rescission of about $4 billion in foreign assistance funds go forward last year. Senate Appropriations Chair Susan Collins and Democratic appropriators have denounced the move as illegal, the Government Accountability Office agrees, and seven states (among other plaintiffs) have already sued. And this time, some district courts may be gravitating toward a novel, if largely untested, solution: using equitable and statutory authority to suspend the disputed funds’ expiration date. Could this measure help bring an end to pocket rescissions? And how far is the Trump administration willing to go in seeking to assert control over federal funds?
• “Poll Position.” With less than a month to go before the midterms, the Trump administration’s campaign to reshape U.S. elections is getting mixed results. The Supreme Court decided on September 25 to allow the Department of Homeland Security to resume using its revamped SAVE citizenship database to help states screen their voter rolls for noncitizens. But federal courts have pushed back on other measures, from the administration’s proposed mail-in-ballot rule, to efforts to coerce states into providing their voter rolls, to the withholding of counterterrrorism grants from states and localities that don’t adopt the administration’s preferred election changes. What part of our elections seem safe 30 days out, and which are still under peril? And what could the consequences be?
• “Straining Credulity.” Last week, a 28-year-old laboratory technician at the Irkutsk Anti-Plague Research Institute in Siberia died of severe pneumonia, reportedly after being exposed to the bacterium that causes pneumonic plague, prompting Russian authorities to quarantine a local hospital and place nearly 200 people under medical observation. Russian officials have since insisted she died of “pneumonia of unknown etiology” and told the World Health Organization on Tuesday that no plague has been found among her contacts. But shifting official accounts, disappearing local news reports, and Russia’s long history of biological weapons work—including the U.S. government’s assessment that Moscow still maintains an offensive program—have fueled concerns. What do we actually know about what happened in Irkutsk, and to what extent should we believe the official account being offered by the Russian government? And what does it tell us about the risks posed by Russia’s biological research enterprise?

In object lessons, Molly L. is a notebook-carrying member of the pink soup club. Ben, in ingesting the Congressional Precedents into RAGtime, discovers what Senators may ingest on the floor. Scott expresses his concern over the state of the United States Code. And Molly E. once again makes the case for the pleasures of regionally produced NPR, with a story that manages to combine two of her favorite things: excellent local journalism and the legislative process.

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.