Good morning! Episode 236 covers: The Trump Indictment The Biden Administration’s Executive Order on Abusive Commercial Spyware A CENTCOM strike against an IS target in Syria The future of private prosecutors?
We are back, and even though one of us apparently cannot work this new tech called a “calendar,” we’re excited to bring a shorter-than-usual episode without having a whole month go by! Tune in as…
Episode 199: Why Is There No SJA Aboard the Starship Enterprise?
- April 12, 2021
- Tagged as: al Hadi, al-Tamir, Anne Neuberger, Chris Inglis, cooperating witness, Domestic Terrorism, Domestic Terrorism Prevention Act, DT, DTPA, GTMO, Guantanamo, ISIS, Islamic State, Mets, military commission, military judge, minority report, National Cyber Director, prosecutorial discretion, Senator Durbin, Shadow Docket, Tandon, undercover officer
In this week’s episode, co-hosts Steve Vladeck and Bobby Chesney discuss and debate: The proposed Domestic Terrorism Prevention Act (and DOJ’s January 2021 response to an earlier version of the DTPA) A pair of recent…
Episode 141: The House Has Voted to Authorize This Podcast
- October 30, 2019
- Tagged as: Abdulrazzaq, al-Baghdadi, Baghdadi, Congressional Oversight, covert action, Cuccineli, Delta Force, DHS, Federal Vacancies Reform Act, FVRA, Gang of Eight, GoT, GTMO, Guantanamo, habeas, Impeachment, Impeachment inquiry, ISIS, Islamic State, SOF, Speaker Pelosi, TItle 10, Title 50, TMA, Trumplandia, World Series
Granted, it’s not Days of Future Past, but our episode 141 is still pretty good! This week, Professors Vladeck and Chesney discuss and debate: The al-Baghdadi raid (and misunderstandings about Congressional notification) A GTMO habeas…
Episode 126: Sometimes, “Nothing” Is Important
- June 26, 2019
- Tagged as: 10 USC 394, Article II, Auer Deference, AUMF, Boumediene, confidential informant, counterterrorism, Curtiss-Wright, cyber, Cyber Command, CYBERCOM, DOJ NSD, Enemy Combatants, Federal Vacancies Reform Act, Fifth Amendment, GTMO, Guantanamo, habeas, Iran, ISIS, Islamic State, Johnson v. Eisentrager, Judge Millet, Judge Randolph, Justice Breyer, Kiyemba, material support, National Security Division, National Security Law, non-delegation doctrine, Pentagon, procedural due process, Qassim, SCOTUS, Secretary Esper, separation of powers, Supreme Court, Trump, Uighurs, War Powers, Westworld, Zadvydas
We are back with the latest in national security legal developments, with Professors Chesney and Vladeck agreeing where they can and arguing respectfully (and, let’s face it, nerdishly) where they can’t. On tap this week:…
Episode 102: This Podcast Is Bowl-Eligible
- December 5, 2018
- Tagged as: 2339B, Attorney General Whitaker, bitcoin, Burr, CMCR, College Football Playoffs, D.C. Circuit, Guantanamo, hostilities, Houthis, ISIS, Islamic State, Judge Spath, KSA, mandamus, material support, Michael Cohen, Michael Flynn, Military Commissions, National Security Law, NSL, OFAC, ransomware, sanctions, SCOTUS, SSCI, Sugar Bowl, Trumplandia, War Powers, Warner, Yemen
It’s the most wonderful time of the year! Or at least it’s the most wonderful time of the week, for we’ve just posted the latest episode of National Security Law Podcast! Tune in for: Military…
Episode 62: Wait–We Have to Talk About GATT?!?
- March 5, 2018
- Tagged as: abatement, ACLU, al Qaeda, AQAP, Article II, Associated Forces, AUMF, Bill Castle, Burr, China, commander in chief, Commerce Department, DOD GC, dumping, Executive Privilege, FISA, FISC, FISCOR, GATT, GTMO, Hope Hicks, HPSCI, interlocutory appeal, IS, ISIS, Islamic State, military commission, Nashiri, Nunes, override, sanctions, SCOTUS, Secretary Ross, sole organ, spath, SSCI, Steel, Tariffs, Trade Expansion Act, Trump, USA Freedom Act, War Powers Resolution, Warner, WPR, WTO, Wyden, Yemen
It’s not every week on this show that we get to talk about the Trade Expansion Act of 1962 and the General Agreement on Tariffs and Trade! And if that’s not an appealing hook to get…
Episode 59: Share the Cookies
- February 13, 2018
- Tagged as: #mehmo, 2001 AUMF, 2002 AUMF, 9/11, ACORN, Bill of Attainder, Convening Authority, Darbi, death penalty, Doe v. Mattis, DOJ, Due Process, GTMO, Guantanamo, Harvey Rishikoff, IS, ISIS, Islamic State, Japanese Internment, Jeff Sessions, Kaspersky, KSM, learned counsel, MilComs, Military Commissions, Mueller, Nashiri, National Council of Resistance, NDA, NDAA, Noel Francisco, Non-Detention Act, Nunes, plea bargain, Rachel Brand, Rod Rosenstein, Russia, Schiff, spath, Trump
We don’t lack for topics this week! In today’s episode, Professors Vladeck and Chesney eat a number of cookies while talking about the following: Rachel Brand steps down at DOJ. As George III might say,…
Episode 41: Han Shot First
- October 17, 2017
- Tagged as: AC/DC Act, ACLU v. Mattis, active cyber defense, Active Cyber Defense Certainty Act, Articles of State Responsibility, beacons, Councilman Abstention, countermeasures, D Order, Electronic Communications Privacy Act, Enemy Combatant, extraterritoriality, Greedo, Guantanamo, hackback, Han Solo, Iraq, Ireland, ISIS, Islamic State, judicial deference, legal ethics, Microsoft, Military Commissions, Nashiri, national security, National Security Law, nerding out, Rogue One, Solo, Star Wars, Stored Communications Act, Supreme Court, surveillance, Travel Ban, Travel Ban 3.0, Trump, warrant
If you were unsure about whether your hosts are geeks, this episode will help settle the question. But before we get to what Professors Chesney and Vladeck think they know but don’t really, here’s the…
Episode 39: It Is More Likely Than Not That Our FARRA Discussion Will Bore You
- October 4, 2017
- Tagged as: Abu Khattala, Bahlul, Benghazi, Chesney, detainee transfer, Eric Muller, FARRA, Iraq, ISIS, Islamic State, Japanese Internment, Jose Padilla, Mohammed Munaf, Munaf v. Geren, Nashiri, National Security Law, non refoulement, PATRIOT Act, Scapegoat Cities, Section 412, Shawqi Omar, substantive due process, Syria, Vladeck, Zadvydas
If you have ever wondered what statutes, constitutional principles, and judicial precedents come into play when the U.S. government contemplates transferring an American citizen from our military custody to the custody of another government, this…