Rational Security: The “Scoot Over” Edition

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