Episode 115: This Podcast Does Not Have a Grandparent Born in Ireland

March 25, 2019

We are back after a spring break hiatus, and we do not lack for things to discuss and debate in the wide world of national security law.  Tune in for:

  • What we can make of the Mueller Report and the Barr Letter at this point
  • Whether the president is subject to civil suit in state court while still in office
  • Whether the US government loses its sovereign immunity from suit without consent where the claim involves a violation of a “jus cogens” rule of customary international law, as Judge Brinkema has ruled in al Shimari
  • What to make of the Court of Military Commission Review’s newest ruling in the Bahlul litigation, including affirmation of Bahlul’s life sentence
  • Whether Congress should pass a statute to ensure that servicemembers have a realistic path to SCOTUS review in cases of courts martial that do not result in the Court of Appeals for the Armed Forces taking their case
  • Whether Belgium’s “IHL Exclusion Clause” concept (precluding application of domestic criminal law relating to terrorism as to situations involving armed forces engaged in armed conflict) might end up precluding certain U.S. extradition requests involving material support charges
  • Why the release from prison of John Walker Lindh (once famous as “the American Taliban”) might portend a larger debate (and what does this have to do with his Irish grandmother???)

And of course it would not be the same without some frivolity.  We’ve got opinions about True Detective Season 3, traveling with infants to LA, the NCAA Tournament, and Hall and Oates. Seriously.

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