What the Hell Is Going On

Between the pardoned turkeys and those running loose on Capitol Hill, controversy over insubordination and sedition seem to be on the menu this holiday. The six Democrats who posted a video addressed to service members sowed chaos and confusion about the proper chain of command and lawful military orders. It is crucial to understand the constitutional framework that distinguish lawful military action, legislative and executive powers, crime, and war. In today’s politics, rhetoric can make it difficult to discern the line between war and crime. John Yoo reminds us that not everything that harms society constitutes a war or justifies the use of military tools. That being said, where is the line drawn, and who draws it? And what is the proper role for members of Congress? John Yoo is a nonresident senior fellow at the American Enterprise Institute, the Emanuel S. Heller Professor of Law at the University of California, Berkeley, and a Senior Research Fellow at the Civitas Institute at the University of Texas at Austin. Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. Professor Yoo has published almost 100 scholarly articles on subjects including national security, constitutional law, international law, and the Supreme Court. Professor Yoo’s latest book is The Politically Incorrect Guide to the Supreme Court.  Read the transcript here. Subscribe to our Substack here.

For Donald Trump, China has served as a major justification for economic protectionism, highlighting our dependencies and need to onshore products with national security implications. But that’s the talk. The reality is more dismal: a less-than-hawkish trade deal this month, with tariffs that seem to isolate allies and, inversely, reshore production on China’s mainland. For Team Trump, three camps have merged into one contradictory mess within the administration. Members of these camps look to use tariffs as leverage for trade deals, as a source of revenue, and to protect domestic industry. No single tariff can achieve all three and brief, ambiguous trade deals do little to decouple with China, friend-shore, and rebuild American industry. Where do we go from here? How will these tariff camps shake out? And how can we improve our strategic approach to global trade and protect America from the very real China threat? Scott Lincicome is the Vice President of General Economics the Cato Institute’s Herbert A. Stiefel Center for Trade Policy Studies. He writes on international and domestic economic issues, including international trade; subsidies and industrial policy; manufacturing and global supply chains; and economic dynamism. Lincicome also is a senior visiting lecturer at Duke University Law School, where he has taught a course on international trade law. Prior to joining Cato, Lincicome spent two decades practicing international trade law at White & Case LLP, where he litigated national and multilateral trade disputes. He also authors a column for The Dispatch entitled, Capitolism. Read the transcript here. Subscribe to our Substack here.

The legislative filibuster is one of the most important guardrails against the tyranny of the majority that exists in the United States Senate. Despite this critical function, both parties have, at various times, entertained the idea of eliminating the filibuster and with it, bipartisan compromise. Such an act of unbelievable shortsightedness would transform the Senate into a mirror image of the House of Representatives. This change would result in drastic policy reversals as party control shifts and could permanently disadvantage Republicans from ever again controlling the chamber. With gridlock and polarization so commonplace, how can we ensure the survival of the filibuster while addressing constructive suggestions for change? How likely might a permanent, constitutionally protected filibuster be? And what would the Senate look like if either party was successful in getting rid of it? Martin B. Gold is a partner with Capitol Counsel, LLC. With over 50 years of legislative and private practice experience, he is a recognized authority and author on matters of congressional rules and parliamentary strategies, and U.S. policy in Asia. He frequently advises senators and their staff and serves on the adjunct faculty at George Washington University. Before business, professional, and academic audiences, he speaks about Congress as well as political and public policy developments. He has authored several publications including, The Legislative Filibuster: Essential to the United States Senate as well as Senate Procedure and Practice, a widely consulted primer on Senate floor procedure. Read the transcript here. Subscribe to our Substack here.

The fever swamps of the alt-right have crept upstream. Fringe figures are making their way onto increasingly mainstream platforms, spreading ideological contagion to impressionable young audiences. Having long covered the creeping antisemitism of the Left, the fight now unfolding on the Right is an inspiring and essential one. With his debut WTH appearance, Eli Lake reminds us that this isn’t a question of free speech, it’s a question of policing one’s own coalition with moral clarity. If the Right doesn’t get this right, what will 2028 look like for the Republican Party? Eli Lake is a veteran journalist with expertise in foreign affairs and national security who has reported for Bloomberg, The Daily Beast, and Newsweek. He was the senior national security correspondent for the Daily Beast and covered national security and intelligence for the Washington Times, the New York Sun and UPI. Eli is currently the host of Breaking History, a new history podcast from The Free Press, where he regularly publishes. Read the transcript here. Subscribe to our Substack here.