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The National Security Law Podcast
62 minutes | 13 hours ago
Episode 185: The Blah-to-Coup Ratio is Increasing
And…we’re back! Tune in as Professors Steve Vladeck and Bobby Chesney discuss the latest in national security legal developments, including: Prospects for the Biden Administration to chart a new course with respect to (a) the use of military detention at GTMO, (b) the transfer of GTMO detainees approved for such transfer already, or (c) the use of military commissions as the vehicle for criminal prosecutions Prospects for the nomination to be Secretary of Defense, and the role of the federal statute requiring servicemembers to be out for at least seven years before becoming eligible for that (civilian) position Comments on the other national security nominees to this point More on the plethora of election-related lawsuits and the larger problem of bogus claims about massive fraud Steve’s win in the Larrabee lawsuit, in which Judge Leon has now held that it is unconstitutional to subject separated servicemembers to face recall for court-martial prosecution for post-separation crimes The killing in Iran of a senior al Qaeda figure, and the related question of how the passage of time impacts (or does not impact) an individual’s connection to the AUMF and the U.S. government’s position on the existence of an armed conflict with al Qaeda And, at long last, frivolity focused on The Mandalorian Season 2! (Plus, the improbable playoff prospects of the New York Giants, for whom anything is possible with Colt McCoy at the helm!)
53 minutes | 20 days ago
Episode 184: Make Rule 11 Great Again!
In this week’s episode, co-hosts Steve Vladeck and Bobby Chesney discuss and debate: The array of firings and appointments of senior Defense Department officials The law governing the General Services Administration and support for presidential transitions Whether it is appropriate to place pressure on Jones Day (and their other clients) based on the involvement of Jones Day lawyers in election-challenge lawsuits United States v. Maiorana: charge against a Staten Island man, under 18 USC 875(c) (threats of violence), based on vile online postings about killing protestors and government officials (raising First Amendment issues relating to the difference between the “True Threat” and “Incitement” categories) TikTok update: tomorrow (the 12th) is the CFIUS divestment deadline….what will happen next? Since *someone* hasn’t watched the first Mandalorian season 2 episodes yet, we are left to chat about the new owner of the Mets and the chances of a Dodgers/Yankees-style spending spree….
67 minutes | 25 days ago
Episode 183: It’s Late, and We’re Loopy
We are back, but alas we’re here to talk about the election! If you were hoping for a national security-focused escape from the election, well, we’ll make it up to you soon)!
52 minutes | a month ago
Episode 182: This Podcast Will Keep Going Until They Come For Us!
And we’re back, after a(nother) week off! What do we have to show for it? Tune is as co-hosts Steve Vladeck and Bobby Chesney as they review: Steve’s Supreme Court argument in Briggs — more military justice at SCOTUS! Speaking of the Court: whither the role of the Chief once he’s not obviously the fifth vote? Who will be the new swing justice? And what to make of the Court’s actions this week in the Pennsylvania and Alabama election cases? Meanwhile, over at the DOJ National Security Division: Russian military officers indicted for NotPetya and more A man convicted of material support who was nearing the end of his sentence just picked up an extra 25 years, for it turned out he was using his time to recruit others to carry out attacks and planning some future violence of his own Two web domains used by Kata’ib Hizballah–a sanctioned foreign terrorist organization–have been seized, for needless to say KH did not get themselves an OFAC license… And then the long-awaited Tom Berenger frivolity! Jake, Barnes, Longstreet…much to discuss!
47 minutes | 2 months ago
Episode 181: This Podcast Has Lots of Jitter
They may or may not have more presidential debates, but you’ll always at least have us! Tune in for this week’s episode as Professors Chesney and Vladeck review the latest national security law developments: The two so-called Islamic State “Beatles” have now arrived in Virginia to face criminal prosecution in civilian court. Meanwhile, the trial before a military commission of KSM and others charged with involvement in the 9/11 plot needs a judge, again. In a horrifying illustration of organized domestic terrorism, the FBI and DOJ today revealed the arrest of five men who were plotting to kidnap Michigan’s governor (apparently with plans to them hold some kind of show trial, which then presumably would lead to her murder). The Second Circuit will not quash the subpoena issued by New York City’s DA (Cy Vance Jr.) for Trump-related tax records. The 25th Amendment was in the news, bigly, last Friday as President Trump’s health situation deteriorated; we spell out how it works, and then argue over the wisdom of having the Speaker of the House in the statutory order of succession for the presidency Where in the world is Steve Vladeck…in terms of oral arguments? He was in the Texas Supreme Court this week, and will be in the Supreme Court of the United States next Tuesday (for Briggs). Meanwhile, we have one word of advice and one homework assignment for y’all: ADVICE: WATCH TED LASSO! HOMEWORK: Be prepared to identify the top 5 best, and bottom 5 worst, Tom Berenger movies (for next week’s frivolity)!
85 minutes | 2 months ago
Episode 180: This Podcast Really Should Be Weekly…
We’re not a biweekly show, we promise! It just seems that way sometimes…like this week, when we are bringing you: Discussing the passing of Justice Ginsburg and potential implications of the Amy Coney Barrett nomination for national security and rule of law cases Breaking down the separate opinions enjoining IEEPA sanctions against WeChat (on First Amendment grounds) and TikTok (on IEEPA exception grounds) The FISC’s 2019 Section 702 certification opinion and ongoing issues of compliance The Ninth Circuit’s Moalin decision (finding statutory and Fourth Amendment problems with Section 215 bulk metadata collection) Trump’s taxes: could someone with that sort of debt normally get a security clearance? Annals of the Bowe Berghdahl case: a military judge who had an eye on an immigration judgeship A new judge for the 9/11 trial But skip all that if you are in the middle of debate prep, for we also have…a BINGO CARD for tonight!
74 minutes | 3 months ago
Episode 179: This Podcast Is “Considerably Recalibrated”
So we took a week off without warning because, you know, 2020. But we’re back, and we sure don’t lack for things to discuss and debate! Tune in as co-hosts Steve Vladeck and Bobby Chesney weigh in on: The NY Times story reporting a request from AFRICOM to expand targeting authorities involving al Shabaab in Kenya in particular. The President’s denial, and then confirmation, that he favored trying to kill Bashar al-Assad. DOJ launching a criminal investigation of former National Security Advisor John Bolton. DOJ moving to interpose the U.S. government as defendant in a defamation suit stemming from President Trump’s answer to questions relating to rape allegations. A federal judge’s decision to invoke Lochner (!!!) en route to declaring various Pennsylvania public health measures unconstitutional. Whether the military can subject a person to court martial for an offense allegedly committed prior to a break in service, where the person already was prosecuted (unsuccessfully) in a state court. The latest twists and turns with TikTok and WeChat under IEEPA and CFIUS And the Mandalorian trailer…OMG OMG OMG
73 minutes | 3 months ago
Episode 178: What Would Robert Jackson Do?
We are back after a week off, and apparently your co-hosts used the extra time to sharpen disagreements about old school topics like … GTMO! Tune in for: An extended debate over the D.C. Circuit’s Al Hela decision, including everything from the scope of the NDAA FY’12 detention provisions to the applicability of the Due Process Clause at GTMO A shorter discussion of similar issues that also arose last week in the district court’s ruling in Uthman About the Hatch Act….I mean, good heavens. We also include a Chadwick Boseman appreciation, in lieu of our usual frivolity. And it somehow turns into a discussion of deep fakes, too.
67 minutes | 3 months ago
Episode 177: This Podcast Does Not Have a Navy
We are back with a new episode, bringing you respectful disagreements and discussion–not to mention heaps of frivolity–about the latest national security law news. This week, co-hosts Steve Vladeck and Bobby Chesney discuss: Attorney General Barr’s offer to eschew the death penalty in order to enable the UK to provide the US with inculpatory evidence against the two Islamic State “Beatles” detainees currently in US military custody…and his promise that they mean will be transferred to Iraq for prosecution if this doesn’t occur by October 15. The GAO’s legal memo concluding that the senior-most DHS officials do not hold their positions lawfully (thanks to the distinction between regular and “catastrophic” vacancy scenarios) The United States Postal Service strikes back…through the law enforcement officers in its Inspection Service. Didn’t know that was a thing? Neither did Steve Bannon, most likely, but that’s who arrested him… The Fifth Circuit won’t show its cards with respect to whether the all-male military draft rule remains constitutional given that the role of women in the military has changed so much since Rostker…will SCOTUS take the case though? Some National Security Division updates All that, plus 80s soundtrack frivolity!
72 minutes | 4 months ago
Episode 176: This Podcast Won’t Play Football This Fall
We were out last week…what’d we miss? Oh. So, there was much we could have covered this week, but we decided to focus on these three: The First Circuit ruling vacating the Tsarnaev (Boston Marathon Bombing) death penalty based on concerns about jury bias The President’s decision to sanction TikTok and WeChat Legal questions raised by the quartet of executive orders and other presidential directives over the weekend relating to COVID-19 economic relief, including an important federalism question relating to the scope of CDC/HHS pandemic-response authority. As for frivolity: we discuss whether and how college football will unfold this fall (or maybe this spring, or maybe not at all), but more importantly we also ask listeners to weigh next week on an important topic: Best movie soundtracks of the 1980s. Which is pretty funny because, well, that was the subject of frivolity in Episode 50, and neither of us remembered that while recording the current episode! In fairness, that was fall 2017, which was like 623 years ago…
83 minutes | 4 months ago
Episode 175: The President Has No Authority to Delay This Podcast
We delay this program just fine without his help, thank you very much. Well, I guess you can see what we are leading with this evening. The run-of-show: President Trump’s suggestion about delaying the election...
70 minutes | 4 months ago
Episode 174: Portland Trailblazing
This week we don’t lack for topics, to say the least. Tune in for in-the-weeds discussion of: Trumplandia meets Portlandia 1: What’s the legal basis for DHS components engaging in law enforcement activity there? Trumplandia...
78 minutes | 5 months ago
Episode 173: This Is John Roberts’s Podcast
We’re back, with a Supreme-Court focused episode! Tune in for: The Supreme Court’s twin decisions in the New York grand jury and Congressional subpoena cases The consequences of those decisions for related litigation such as...
62 minutes | 5 months ago
Episode 172: Cleanup on Aisle Trump!
This week on NSL Podcast, co-hosts Steve Vladeck and Bobby Chesney review and debate the latest national security legal news, including: Russian “bounties” on U.S. forces in Afghanistan, including (theoretical) legal implications A district court...
81 minutes | 5 months ago
Episode 171: There’s a Spectrum of Corruption
We’re back with an evening recording, as co-hosts Bobby Chesney and Steve Vladeck weigh in on: The D.C. Circuit’s Mike Flynn ruling, and the likely path ahead The bizarre process of removing SDNY US Attorney...
70 minutes | 5 months ago
Episode 170: This Podcast Is Not Subject to (Prior) Restraint
In the latest episode of the National Security Law Podcast, co-hosts Professors Steve Vladeck and Bobby Chesney discuss: Juneteenth, the Emancipation Proclamation, and War Powers DOJ’s doomed effort to get a prior restraint preventing publication...
89 minutes | 6 months ago
Episode 169: Now We’re a Third Amendment Podcast
After an extra-long break, we are back…and swamped! Tune in for debate and discussion of, among other things: The National Guard deployments to Washington, DC, including questions of status, command, and authority The special circumstances...
53 minutes | 6 months ago
Episode 168: On the Brink with the Insurrection Act
Tonight we bring you a special episode, recorded jointly with Ben Wittes as an episode of the Lawfare Podcast. Ben, Bobby, and Steve explore the threatened invocation of the Insurrection Act by President Trump, the...
66 minutes | 6 months ago
Episode 167: Podcast Emergency Action Documents
Welcome back to the nerdiest national security law show around! Tune in this week for debate and discussion between Steve Vladeck and Bobby Chesney regarding: Inspector General firings Presidential Emergency Action Documents Mike Flynn’s sentencing...
94 minutes | 7 months ago
Episode 166: This Podcast Has Temporary Absolute Immunity
Welcome back to the National Security Law Podcast, after a one-week hiatus! (You can actually watch the recording here, if you need more Zoom in your life). In this episode, Steve Vladeck and Bobby Chesney...
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