Avsnitt
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Ok, ok, it's been a full month since the last episode. But good things come to those who wait! We are back, and hope you'll tune in as co-hosts Bobby Chesney and Steve Vladeck discuss the latest in national security legal news, including:
The questions associated with neutrality and co-belligerency (and especially "qualified neutrality") in relation to US and allied support to Ukraine in the Ukraine-Russia War
The Supreme Court's decision to grant a stay in Lloyd Austin v. U.S. Navy SEALS 1-26, in relation to a district court order (based on the Religious Freedom Restoration Act) barring the Navy from enforcing its policy precluding deployment of personnel who refuse COVID vaccination)
Another GTMO detainee (Hassan bin Attash of Yemen) cleared for release
A guilty verdict against an Islamic State member (a formerly-British citizen who was part of the quartet known as "the Beatles") charged with involvement in the horrific abuse of captives
And, yes, lots and lots of crowing over the early-season success of the Mets, along with other frivolity! -
What a treat we have for you this week! Assistant Attorney General Matt Olsen, head of DOJ's National Security Division, sits down with co-hosts Bobby Chesney and Steve Vladeck to talk about a wide range of NSD-related topics:
the origins of NSD
the Section 702 sunset next year
indictments against Russian hackers
sanctions enforcement
focusing on China's commercial espionage and transnational repression
the continuing international terrorism threat
the growing domestic terrorism threat -
Saknas det avsnitt?
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And we're back! Tune in as Professors Bobby Chesney and Steve Vladeck discuss and debate:
ICC jurisdiction over war crimes on Ukraine's territory
Limits on sharing tactical intel and arms?
The Neutrality Act and its implications for those interested in going to Ukraine to fight
The Supreme Court's twin State Secrets Privilege rulings last week (Zubayda, Fazaga)
Qhatani transferred out of GTMO
A pair of recent rulings against the Navy on its COVID vaccination policy
The House Foreign Affairs Committee's AUMF hearing
All that, plus. what can only be described as perfunctory frivolity :) -
We are back with a fresh episode, hot on the heels of Russia's latest incursion into Ukraine. Tune in as we survey some of the legal dimensions to this latest development (including discussion of the impact of diplomatic recognition on UN Charter Article 2(4)), as well as the various sanctions frameworks that are now in play. We also check in on an important district court ruling in the civil suit against former President Trump in relation to the January 6 insurrection, exploring its First Amendment/Brandenburg doctrine aspects. As for frivolity? A bit random this time, even for these guys: we've got the Juwan Howard situation following the Michigan-Wisconsin game, and reviews of some of the key rides at Disneyland. Because...well, it's the frivolity segment, after all!
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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 co-hosts Steve Vladeck and Bobby Chesney discuss and debate:
The Biden Administration's change of position on the availability of coerced statements for use in pre-trial proceedings in military commissions
The news of the capture, repatriation to the United States, and federal court prosecution of a woman from Kansas who apparently had traveled to Syria to take up arms on behalf of ISIS--and the questions this raises about how long she was held pre-transfer, and in whose custody
Civil suits against private military contractors, the varied legal obstacles they face, and updates on some current lawsuits in which Steve is involved--and interesting questions they raise, such as the precise scope of the "combat activities" limitation
All that, plus a grab-bag of frivolity including the new Netflix movie based on Robert Harris's Munich book, and of course NFL sportsball happenings! -
Seeing as how 2022 is well underway, it's probably about time we produced a new episode! Tune in for co-hosts Steve Vladeck and Bobby Chesney as they discuss and debate:
The various international and domestic law questions that might arise in that Russia (further) invades Ukraine
The oral argument in Thompson v. Trump (especially the presidential immunity question)
The who-owns-the-privilege question in Trump v. Thompson (not a typo)
The seditious conspiracy indictment against Oath Keepers leaders
What federal statutes have to say about a scenario in which the President might confer authority on a private armed group to "enforce" the law
Believe it or not, a judicial change in a military commission
More GTMO detainees approved (by Periodic Review Board) for transfer out (though no one actually seems to be leaving)
All that plus the usual frivolity, this time featuring the classic combination of (1) Jim Carrey films and (2) NFL playoffs. -
Welcome to our official Holiday Office Party, where we mainly just hope things will go smoother than they did for the good people of Nakatomi Corporation in 1988!
In this episode, co-hosts Steve Vladeck and Bobby Chesney discuss:
The state of the criminal contempt of Congress proceedings against Steve Bannon and Mark Meadows
The D.C. Circuit's ruling refusing to assert post-presidential decision-making authority to Donald Trump in relation to the records of his presidency held by NARA
The SCOTUS cert. grant in Torres (does Congress under its power to raise and support the armed forces have authority to abrogate state sovereign immunity)
The SCOTUS cert. denial in Begani
The 10th Circuit's ruling in Muhtorov (upholding the Section 702 FISA framework against various challenges)
Passage of the NDAA for Fiscal Year '22
All that, plus book recommendations for your holiday shopping convenience, and a Q&A regarding the works of the great Mo Willems (you know: Pigeon, Elephant and Piggie, and Knuffle Bunny). -
Ah, well, that took a bit longer than expected! We promise we don't mean to let this become a quarterly show, or even a monthly. Too much national security law for that!
In today's episode, we discuss:
Haroon Gul's victory in a GTMO habeas case (and what it may or may not mean for the bigger picture)
Majid Kahn's sentencing testimony (and the clemency letter that the majority of the panel subsequently issued)
The SCOTUS decision to deny cert. in ACLU's attempt to establish a constitutional right of public access to at least some FISC opinions (and the Gorsuch-Sotomayor dissent)
The SCOTUS oral argument in Fagaza, raising both statutory interpretation questions about FISA (and, possibly, constitutional questions about the State Secrets Privilege)
Today's DOJ announcement about Poland's arrest (and America's extradition request concerning) a Ukrainian national associated with the REvil ransomware Kaseya campaign
The conviction (for economic espionage) of a Chinese MSS official who attempted to get an American GE employee to spill secrets (and the extradition of the defendant from Belgium, where he thought he was going to take delivery of stolen information)
And, of course, some disorganized frivolity! -
What's that? A new episode? What have these guys been doing all month...
Well, whatever they've been doing all September since Episode 209, Professors Vladeck and Chesney are back at last with a new episode. Tune in as they discuss and debate:
The en banc D.C. Circuit oral argument in al Hela (asking, inter alia, whether the Due Process Clause applies at GTMO)
A preview of the upcoming SCOTUS arguments relating to the State Secrets Privilege
The Dorfman/Naylor/Isikoff article on CIA planning relating to Assange and Wikileaks
A National Security Division roundup noting the sudden wind-up of the Huawei CFO case and the new material support case against a Canadian Islamic State fighter previously held by the SDF in Syria
All that, plus no small amount of frivolity (including a much-too-long endorsement of the greatness that is Joe Abercrombie). -
This week on the National Security Law Podcast, we mark 20 years since the 9/11 attacks. Tune in as co-hosts Steve Vladeck and Bobby Chesney share their views on the major legal developments unleashed by that awful day, in a broad retrospective on the era.
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In this week's episode, we focus on the unfolding situation in Afghanistan.
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It's been a long summer break for the podcast, but we're back! Tune in today as Professors Chesney and Vladeck discuss and debate:
AUMF reform prospects (2001 AUMF in particular)
Ongoing uncertainty as to the fate of the Presidential Policy Guidance re use of lethal force outside areas of active hostilities
Litigation exploring whether a unanimous panel should be required in courts-martial
A semi-deep dive into Jacobson, the 1905 Supreme Court case that upheld a local mandatory vaccination order (targeting smallpox) in the face of what we would today describe as a substantive due process fundamental rights/liberty claim.
How about that CDC rent-moratorium extension?
And, yes, we lament the apparent collapse of the Mets, while also recommending some good books and podcasts! -
[Updated to fix the audio issue with the original file...though I have to admit, it was very entertaining to hear the hosts speaking an octave too low!) We're back with another round of discussion and debate featuring co-hosts Steve Vladeck and Bobby Chesney, working through the latest national security law developments. Tune in for:
The end of the decade-long run of General Mark Martins as Chief Prosecutor at GTMO
The interagency debate within the Biden Administration regarding whether to concede that the Due Process Clause applies to GTMO detainees (either in the habeas context or more broadly), in connection with the al-Hela litigation currently pending before the en banc D.C. Circuit
Interstate deployments (without federalization) of state national guard forces, and the state-level separation-of-powers issues arguably raised by private funding of NG activities
OLC's opinion on the removal power
New life for the US effort to extradite Julian Assange from the UK
Donald Trump attempting to invoke the First Amendment as the basis for a civil action challenging the actions of (private) social-media companies
Brief notes on the parallel between the so-far-unsuccessful efforts to deter both attacks on US forces in Iraq and ransomware attacks emanating from Russia
And as always, there's much frivolity both at the start and the finish! -
We're back, with one slightly-older co-host and another co-host who is ready to drive across the country! Tune in for discussion and debate relating to:
The domestic and international law aspects of the Biden administration's decision to conduct airstrikes against Kata'ib Hezbollah targets in Syria and Iraq
The ongoing Biden administration internal debate over which rules should govern the use of lethal force in locations other than Syria and Iraq
The Supreme Court's denial of cert. concerning warrantless searches of electronic devices at the border (leaving in place a significant circuit split, oddly)
The Supreme Court's denial of cert. in a case involving torture claims against a contractor associated with the Abu Ghraib prison
The Court of Appeals for the Armed Forces ruling in Begani concerning court-martial jurisdiction over former servicemembers
Sentencing for a US translator who became a spy for Hezbollah, providing classified information including the identity of human sources linked to the attack that killed Iran's Suleimani
Sentencing for a US person convicted of teaching the making of explosives for purposes of a federal crime of violence
Seizure of websites used by Kata'ib Hezbollah and also by an IRGC-affiliated Iranian media group
All that, plus the MLB crackdown on scuffed balls and ... Steve's Excellent Cross-Country Road Trip! -
Hello from Austin!
We're back with a new episode! Tune in as your co-hosts Professor Steve Vladeck and Bobby Chesney discuss and debate:
SCOTUS narrows the scope of the Computer Fraud and Abuse Act in Van Buren
SCOTUS grants cert. in Fazaga, adding to the sense that the October '21 Term will be unprecedented for its engagement with state secrets privilege and FISA issues
The Biden Administration withdraws IEEPA sanctions against TikTok and WeChat...for now, at least!
GTMO closure trial-balloon? About that NBC News story that mentions a possible desire to put the long-term military detainees in a Supermax prison rather than a military facility
Over-the-horizon uses of force in Afghanistan post-withdrawal: so, will that be subject to the PPG as a use of force outside a zone of active hostilities?
Leak-hunt subpoenas: we've got subpoenas concerning the communications of journalists...and Members of Congress...and the White House Counsel. Where are the legal and policy redlines in such cases?
Mike Flynn, Larabee, and the idea of recalling separated servicemembers in order to subject them to court-martial proceedings (based on post-separation conduct)
Also, did we mention the Mets are in first place? Join the MLB-themed frivolity as we ramble about teams and players doing surprisingly well and surprisingly not-so-well! -
We are very excited for this week's show, in which we interview Eric Goldstein--the Executive Assistant Director for Cybersecurity at DHS CISA! We had a terrific conversation, with a focus on (1) understanding the specific programs and activities that CISA engages in to improve cybersecurity, (2) the highlights from President Biden's cybersecurity executive order, and (3) career pathway insights.
We did not neglect the frivolity either--we've got NBA playoff predictions (including that rarest of all NBA discussions: how things are looking for the Knicks and Wizards in the context of the playoffs).
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Recording episode 202 was something of a milestone for us, because we met in Steve's office for an in-person recording for the first time since Before. Wow! We're grateful to be back in the "studio," and we found it was a much-more fun experience for us. See if you can detect the difference as we talk about
A GTMO military commission ruling construing the Military Commissions Act prohibition on the admissibility of information derived from torture or cruel, inhuman, or degrading treatment to apply only as to offers of evidence in the trial setting, not to pre-trial motion practice (at least where the statement in question is not offered for the truth of the matter asserted).
The judicial carousel at the mil coms prepares to spin again.
The sentence-reduction agreement in the Majid Khan case, which will (as that label suggests!) reduce his sentence in exchange for Khan giving up on his effort to secure testimony regarding his treatment while in CIA custody.
Some brief comments on the Gaza situation.
Noting that Matt Olsen will be nominated to replace John Demers as the head of DOJ's National Security Division, continuing the tradition of excellent leadership in that office.
We also have all sorts of utterly frivolous thoughts about Top Gun and the Top Gun sequel, as well as Marvel's plan for a Star Lord-focused scripted podcast series set in a dystopian non-cinematic universe timeline. Can't wait! -
Our latest episode is shorter than normal because...well, we recorded most of it and then lost the file. Suffice to say we were a bit tired by the time the re-recording was done! Or maybe we're better off this way? Either way, tune in for our thoughts on the DC Circuit's en banc grant in the al Hela GTMO detainee case (asking whether the Fifth Amendment Due Process Clause applies at GTMO), the ACLU's attempt to get SCOTUS to review a FISCOR decision relating to the ACLU's efforts to compel public release of FISC opinions on First Amendment grounds, and the recent FOIA-based release of the 2017 Trump administration changes to the 2013 Obama administration "PPG" rules on targeted kill/capture operations outside of areas of active hostilities.
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Thanks so much to everyone who attended (virtually) tonight's live recording of episode 200! It was a blast. We covered:
The drawdown in Afghanistan and its legal implications (for the AUMF, detention, habeas litigation, the use of force, you-name-it)
The latest developments in the Military Commissions
The new round of sanctions against Russian entities--particularly those relating to the SolarWinds episode
FBI's use of a Rule 41 search(-and-seizure) warrant to delete webshells off of servers compromised as part of Hafnium's Microsoft Exchange exploitation
Taking stock of the Biden Administration on national security law issues at the (very roughly) 100 day stage
All that, plus a fun array of audience questions on matters ranging from the professional to the personal.
We are grateful for all you listeners. Thanks for making the first 200 episodes so fun. Just 3,800 shows to go before we find something better to do! -
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 federal prosecutions involving attempt/conspiracy to provide material support to the Islamic State--and corresponding lessons about the way in which terrorism cases are developed using cooperating witnesses and undercover officers.
The DC Circuit's ruling in the al-Tamir (was al-Hadi) military commission case (rejecting the defendant's arguments about the adequacy of the government's proposed remedy for a situation in which the presiding military judge had made rulings while seeking employment elsewhere in the government).
We have a National Cyber Director nominee at last, and it's a good one.
SCOTUS and the Shadow Docket: insights from the Tandon ruling.
All that, plus the usual frivolity! - Visa fler