A Thousand Days of Terror
We got rained out eventually, but fuck it. We got the job done.
Good Evening:
It was not a pristine #SpecialMilitaryOperation. The drizzle started almost as soon as #LordLaser and #LadyLaser were live on the walls at the #GatesOfHell. It took several people—great Americans all—shielding the Laser family from the rain with umbrellas to keep the operation going as long as we did. And I did have to cut it short, when the rain got too hard.
And yet, we got it done. The walls of the Accursed Compound bore the words “1000 Days of Terror” for an hour, along with various symbols and slogans designed to be offensive to those inside. Flags, tridents, and of course, the words “Putin Khuylo.”
It’s been 1,000 days of this.
It was an honor, as it always is, to work with the D.C. Ukrainian community and the good folks at US Ukrainian Activists.
Now I’m on a late-night train to New York to give a speech tomorrow morning on American democracy under Trump.
Repeat after me: All democratic struggles are connected.
On this morning’s #DogShirtTV, I doubled down on my defense of Merrick Garland from yesterday’s column, which seems to have annoyed a few people just a little bit. And we welcomed the estimable Roger Parloff on to commiserate with me about the consequences of conservative judicial activism and discuss the dim future of the Trump trials:
A reminder that there will be no show tomorrow, as I will be giving a speech on American democracy under Trump.
Repeat after me: All democratic struggles are connected.
Today on Lawfare
The Real Legal Limits on Domestic Military Deployments
Scott R. Anderson explores the president’s power to deploy the military for domestic purposes and legal safeguards against President-elect Donald Trump’s potential abuse of this power:
The fact that past presidents have done so relatively rarely is more a product of longstanding political norms than hard legal limits. But with former President Donald Trump—who repeatedly sought to make domestic use of the military in the past and suggested in the final days of his campaign it should be used against “the enemy from within”—these norms may not hold.
How Can Trump Deploy the Military at the Southern Border?
Chris Mirasola discusses the legal authority of the president to deploy the U.S. military to assist with immigration enforcement along the U.S.-Mexico border:
I would expect Trump’s southern border national emergency to continue this authority to more quickly bring National Guard personnel into an active-duty status. He did, after all, do the same during his first term in office. But I would be surprised if the Trump Defense Department makes much use of the authority (other than by continuing the existing National Guard deployment). This is because Trump will be able to achieve many more of his mass deportation aims with the military if he deploys National Guard personnel pursuant to another, non-emergency, statutory authority—32 U.S.C. § 502(f).
“Privacy by Design” Lessons for “Security by Design”
Justin Sherman suggestes that security by design policies and guidance should look to decades of experience from the privacy by design space. Sherman offers six recommendations for policymakers to translate security by design into regulatory guidance, technical specifications, and operational processes.
Discussions about privacy by design have much to offer for policymakers and other experts looking to flesh out security by design as a concept—and, most importantly, make it ac-onable. These lessons range from the importance of guiding principles to the challenges with turning higher-level guidance into regulatory requirements that engineers can implement.
Today on the Lawfare Daily podcast: Olivia Manes talks to Marlene Laruelle about the financial, ideological, and historical connections between the American far-right and Russia. The pair discusses the distinction between confluence and influence, white supremacist notions of a "pan-white" nation embodied by Russia, the role of the Russian Orthodox Church in fostering connections, and more:
And on Chatter, Shane Harris sits down with Ashley Parker and Josh Dawsey to discuss the incoming second Trump administration. The conversation covers Trump’s victory, his initial choices for top national security positions, his “chaotic” presidential transition, and more:
Today’s #BeastOfTheDay is a marten encountering unexpected difficulties on an otherwise routine trip to the grocery store.
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