Category: Uncategorized

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Episode 130: In Case of Vacancy, Who Becomes Our Acting Podcast Host?

• July 31, 2019
• Tagged as: 25th Amendment, 9/11, Acting DNI, border emergency, Border Wall, Claire Gordon, Cuccineli, Dan Coats, DHS, DNI, Federal Vacancies Reform Act, FVRA, GTMO, Guantanamo, Hamid Hayat, IRTPA, John Ratcliffe, KSM, Military Commissions, National Security Division, National Security Law, nationwide injunction, NSD, ODNI, PDDNI, SCOTUS, Succession, Sue Gordon

And we’re back with a new episode, with co-hosts Steve Vladeck and Bobby Chesney discussing and debating the latest national security law news (and, let’s face it, engaging in *lots* of digressions).  This week we’ve…

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Episode 129: This Is Quite the War Powers Podcast

• July 24, 2019
• Tagged as: 2339B, 9/11, al Qaeda in the Islamic Maghreb, AQIM, Article II, Asainov, associated force, AUMF, Bill Barr, CID Treatment, Doe v. Mattis, Executive Privilege, going dark, GTMO, Guantanamo, Iran, Islamic State, KSM, Marik String, material support, Military Commissions, National Security Law, outrageous government conduct, Rochin, SCOTUS, shocks the conscience, State Department Legal Advisor, United States v. Nixon, War Powers, West World, Westeros World

This week on the National Security Law Podcast, with co-hosts Bobby Chesney and Steve Vladeck: War Powers: Congressional testimony from the State Department’s Acting Legal Advisor confirms that the administration has placed AQIM on the list…

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Episode 128: Now Witness the Power of this Fully Armed and Operational [PCLOB]!

• July 17, 2019
• Tagged as: 12333, 215, 702, Border Wall, Bowe Bergdahl, CDRs, Common Article 3, ECJ, Hamdan, Harvard Law Review, Justice Stevens, Luxembourg, Mad Libs, Military Commissions, National Security Law, NDAA, Noel Francisco, Padilla, PCLOB, Pegasus, Privacy and Civil Liberties Oversight Board, Privacy Shield, Rasul, Schrems, Shadow Docket, Solicitor General, Star Trek, UCI, Unlawful Command Influence, USA Freedom Act, Will Baude, XKEYSCORE

For our latest episode, we offer you NSL Podcast Mad Libs in lieu of show notes! We’re back after a __ [number]-week break, and there have been some ____ [noun] security law developments in the…

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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…