The “Too Much Molly” Edition

About this episode

This week, Scott sat down with Lawfare Editor in Chief and cohost emeritus Benjamin Wittes, Lawfare Senior Editor Molly Roberts, and Vice President and Director of Governance Studies at the Brookings Institution Molly 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 d