Category: Uncategorized

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Episode 127: It’s Bobby Bonilla Day!

• July 1, 2019
• Tagged as: 2808 funds, Border Wall, Charlie Savage, Chief Justice Roberts, Crypto Wars, deference, Department of Commerce v. New York, Doe v. Mattis, going dark, Iraq, MFIA, military construction, National Security Law, Phone Metadata, Saudi Arabia, SCOTUS, Section 215, Sierra Club, transparency, USA Freedom Act

Welcome back to the National Security Law Podcast, where co-hosts Bobby Chesney and Steve Vladeck cross-swords with courtesy and nerdistry while reviewing the latest national security legal news (along with a healthy does of frivolity…

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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:…

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Episode 125: Worst of Both Worlds

• June 18, 2019
• Tagged as: Active Cyber Defense Certainty Act, Article II, Borg, citizen rescue, CMCR, countermeasures, CYBERCOM, declaration of war, defense of nationals, double-jeopardy, GTMO, Guantanamo, hackback, hostage rescue, hostilities, internationally wrongful act, Iran, Libya, Military Commissions, Nashiri, national self defense, Persian Gulf of Tonkin, Rep. Graves, Russia, SCOTUS, separate sovereigns, sovereignty, stare decisis, STTNG, War Powers, WPR

We are back with the latest national security law news, with your co-hosts Steve Vladeck and Bobby Chesney explaining, debating, and–let’s face it–geeking out.  This week we’ve got: War Powers: The latest events in the…

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Episode 124: Who’s Ron Swanson?!?

• June 13, 2019
• Tagged as: Appointments, Article II, AUMF, Chadha, CYBERCOM, DIane Feinstein, dual hat, Due Process Guarantee Act, Enemy Combatants, Federal Vacancies Reform Act, FVRA, GTMO, Guantanamo, hostilities, NDAA, Non-Detention Act, NSA, Separated Powers, Ted Cruz, WPR, Yemen

And we are back, after a one-week hiatus, with loads of national security law debate and discussion, not to mention some Grade B frivolity! On tap for Professors Vladeck and Chesney: Detention of Enemy Combatants:…

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Episode 123: Our Gym Was Named for the Espionage Act Guy???

• May 28, 2019
• Tagged as: Bivens, Border Wall, cross-border shooting, Espionage Act, First Amendment, Hamas, Hernandez v. Mesa, ITLOS, Judge Ellis, Judge Gilliam, Julian Assange, Kerch Strait, Mark Domingo, material support, Pentagon Papers, Russia, SCOTUS, Section 2808, Section 284, Sierra Club v. Trump, Thomas Watt Gregory, Ukraine, UNCLOS, United States v. Domingo, United States v. Rosen, United States v. Xie

In a final episode before taking a one-week travel break, co-hosts Bobby Chesney and Steve Vladeck discuss and debate an array of recent national security law developments including: Assange & the Espionage Act: DOJ has…

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Episode 122: That Didn’t Fly for Buchanan…

• May 21, 2019
• Tagged as: Ali Kourani, CIA, civic virtue, Classified Information, congressional subpoena, DIA, Don McGahan, Federal Tort Claims Act, Feres doctrine, FTCA, Game of Thrones, Insurrection Act, James Buchanan, Judge Mehta, Martin v. Mott, material support, motion to quash, National Guard, OLC opinion, Pardon Power, Posse Comitatus, Subpoena, testimonial immunity, Trump v. Committee on Oversight, war crimes

In this week’s episode, Professors Vladeck and Chesney discuss and debate: The district court ruling in Trump v. Committee on Oversight, in which the court rejects an attempt to quash a subpoena directed at an accounting…

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Episode 121: The Persian Gulf of Tonkin

• May 15, 2019
• Tagged as: 2001 AUMF, 2002 AUMF, admiralty, al Qaeda, armed conflict, Article 51, Article II, AUMF, Classified Information, CMCR, collective self-defense, conflict of interest, Daniel Hale, FARA, foreign agent registration, Game of Thrones, Gulf of Tonkin, harboring, hostilities, Huawei, Iran, James Cole, Jeremy Scahill, Julian Assange, leak prosecution, Leaks, Military Commissions, national defense information, National Security Law, North Korea, propaganda, sanctions, SCOTUS, self defense, Sputnik, The Intercept, UN Charter, War Powers, War Powers Resolution, wikileaks, WPR

In this week’s episode, Steve Vladeck and Bobby Chesney debate and discuss the latest national security legal news, including: Iran – The prospect of some form of armed conflict with Iran, and the various legal…

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Episode 120: Bran, Bron, What’s the Difference?

• May 7, 2019
• Tagged as: Brandenburg, CIA, contempt, counterintelligence, cyber operation, distinction, FBI, Game of Thrones, Hamas, incitement, Islamic State, Israel, kinetic operation, material support, proportionality, quash, separation of powers, Subpeona, Take Care Clause, wiretap

And we’re back!  Tune in as Professors Chesney and Vladeck discuss and debate the latest national security legal news, including: The legal framework for Congressional subpoenas (and the problems that arise when the Executive Branch…

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Episode 119: This Podcast Is Dark and Full of Spoilers

• April 30, 2019
• Tagged as: 50 USC 1861, Censure, Clapper, Congressional Oversight, DOJ, economic espionage, Elijah Cummings, Game of Thrones, Impeachment, Jewel v. NSA, material support, Mueller Report, NSD, ODNI, Robert Mueller, Section 215, SSP, State Secrets Privilege, Subpoena, sunset, Unmasking

After a one-week hiatus, the NSL Podcast is back!  Tune in for debate and discussion as Professors Vladeck and Chesney talk about: The Mueller Report and its aftermath Impeachment vs Censure The Trump Subpoena litigation…

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Episode 118: Steve Targaryen, First of His Name

• April 17, 2019
• Tagged as: Al Nashiri, Bivens, Cambridge Analytica, Carpenter, CMCR, conflict of interest, Facebook, Fourth Amendment, GoT, Hernandez, immunity, Judge Spath, Judge Tatel, Military Commissions, Nashiri, National Security Law, qualified immunity, Smith v. Maryland, third-party data, Westfall Act

This week we debate three timely topics: Al Nashiri Part 7,146: the D.C. Circuit has issued a unanimous ruling slamming former Judge Spath for failing to disclose a manifest conflict of interest, slamming pretty much…