Episode 116: This Podcast Can Only Be Detained for Six Months

April 2, 2019

Join us as Professors Vladeck and Chesney discuss and debate the latest national security law news!  This week we’ve got:

  • The Adham Hassoun case: Can the government hold a terrorism-related individual in long-term immigration custody after he completes a prison sentence and while it remains unclear to which country (if any) he can be sent?
  • The DEA’s Use of Subpoena Authority to Get a Broad Set of Customer Identities from Companies Selling Cash-Counting Machines: Is this, in some sense, a bigger deal than the “bulk telephone metadata” story?
  • The Bilal Kareem case: Can Kareem’s suit (which argues the he is on a USG “kill list” in Syria and that this violates the Due Process Clause among other things) survive a motion to dismiss based on the State Secrets Privilege?
  • SCOTUS and Cruel and Unusual Punishment: Does the Bucklew decision portend doctrinal change for the 8th Amendment, and perhaps also a “barbell” effect for the post-Kennedy Court?
  • The Article II Take Care Clause: What is the difference between declining to enforce a statute on constitutional grounds and declining to defend it in court (and how does any such distinction apply to the White House decision to oblige DOJ not to defend the Affordable Care Act on the individual-mandate and severability issues)?

And just when you think it can’t get any nerdier, it’s time for the frivolity–and for the Thrones Deadpool!

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