Category: Uncategorized

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Episode 172: Cleanup on Aisle Trump!

• July 2, 2020
• Tagged as: Adham Hassoun, ATS, AUMF, Boumediene, bounties, clear and convincing evidence, encryption, extraterritorial, freedom of the press, FSIA, going dark, Hamilton, Julian Assange, Justice Kavanaugh, Justice Kennedy, lawful access, LEAD Act, PDB, Removal, Russia, SCOTUS, Section 412, USA PATRIOT Act, Verdugo-Urquidez, wikileaks, Zadvydas

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…

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Episode 171: There’s a Spectrum of Corruption

• June 25, 2020
• Tagged as: D.C. Circuit, DH, Expedited Removal, extra innings, Federal Rule of Criminal Procedure 48, FISA, FISC, FVRA, Geoffrey Berman, habeas, John Bolton, mandamus, Mike Flynn, MLB, PCLOB, S.D.N.Y., SCOTUS, SDNY, suspension clause, U.S. Attorney, Veterans Memorial Preservation Act

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…

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Episode 170: This Podcast Is Not Subject to (Prior) Restraint

• June 19, 2020
• Tagged as: 13th Amendment, Administrative Procedure Act, APA, Chief Justice Roberts, China, constructive trust, DACA, DAPA, DOJ, EMAC, Emancipation Proclamation, Espionage Act, force protection, Frese, General Granger, Governor Wolf, IAC, IEEPA, India, John Bolton, Juneteenth, Justice Kavanaugh, Lincoln, national defense information, National Guard, Near v. Minnesota, Pentagon Papers, pre-publication review, President Xi, Prior Restraint, Reconstruction, surveillance, Trump, Uighur Human Rights Policy Act of 2020, Uighurs, War Powers, Xinjiang

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…

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Episode 169: Now We’re a Third Amendment Podcast

• June 12, 2020
• Tagged as: 9/11 prosecution, civ-mil relations, civil-military relations, DC, DC Statehood, executive order, Fort Bragg, Fort Hood, General MIlley, GTMO, ICC, IEEPA, Insurrection Act, KSM, Majid Khan, Military Commissions, National Guard, NDAA, New York Times, Originalism, PCA, Posse Comitatus Act, President Trump, Secretary Esper, Third Amendment, TItle 10, Title 32, Tom Cotton, Watchmen

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…

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Episode 168: On the Brink with the Insurrection Act

• June 1, 2020
• Tagged as: Anti-Riot Act of 1968, Antifa, domestic role of the military, Domestic Terrorism, Insurrection Act, material support, misuse of a Bible, national emergency, Posse Comitatus Act, rubber bullets, Tear Gas

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…

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Episode 167: Podcast Emergency Action Documents

• May 20, 2020
• Tagged as: ALI, Apple v. FBI, BND, Boumediene, cryptowars, Due Process, encryption, going dark, GTMO, Guantanamo, habeas, Inspector General, Judge Gleeson, Judge Sullivan, Mike Flynn, PEADs, Pensacola, Presidential Emergency Action Documents, SIGINT, surveillance, Trump

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…

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Episode 166: This Podcast Has Temporary Absolute Immunity

• May 13, 2020
• Tagged as: 1001, allocution, amicus, browser history, bulk metada, Clinton v. Jones, Cyrus Vance Jr., deep state, Executive Privilege, FBI, Federal Rule of Criminal Procedure 48, FISA, FISC, HPSCI, Judge Gleeson, Judge Sullivan, lone wolf, Masking, Mazars, Mike Flynn, Roving Wiretaps, SCOTUS, Section 215, Subpoena, temporary absolute immunity, Trump, Unmasking, veto, War Powers, Westworld, WPR

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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Episode 165: This Podcast Prefers Its Nothing Burgers to Be Medium Rare

• May 1, 2020
• Tagged as: 702, 9/11, 9/11 case, D.C. Circuit, Defense Production Act, DPA, FBI, FISA, FISC, GTMO, justiciability, KSM, meat-processing plants, Michael Flynn, Mike Flynn, ODNI, ODNI statistical report, political question doctrine, Steel Seizure, Subpoena, Supreme Court, West World, Youngstown Sheet & Tube

What a fun episode!  Co-hosts Bobby Chesney and Steve Vladeck recorded “live” before the Austin Bar Association, as the finale of their day-long Zoom conference.  On tap: The ODNI report on FISA statistics: We have…

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Episode 164: LIBERATE THIS PODCAST!

• April 22, 2020
• Tagged as: Attorney General, Barr, CFAA, Computer Fraud and Abuse Act, Convening Authority, COVID-19 legal issues, GTMO, Guantanamo, public health, Rishikoff, SCOTUS, shelter in place, Trump, Van Buren

Is this our most-substantive episode ever?  No, no it’s not.  Is it a sign that co-hosts Steve Vladeck and Bobby Chesney are going a bit stir crazy?  Perhaps so.  Does it feature cute cameos from…

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Episode 163: This Podcast Will Have a Very Powerful Reopening

• April 15, 2020
• Tagged as: adjournment, Article II, Charles the First, Dormant Commerce Clause, Eugene V. Debs, Grover Cleveland, GTMO, In re Debs, KSM, Military Commissions, National Emergencies Act, SSCI, Stafford Act, Trump, Vice President Pence, Westworld

And we’re back, with discussion of the latest national security law news. (Video of the show here!)  This week, co-hosts Steve Vladeck and Bobby Chesney nerd out with the details on: Can he do that?…