Episode 118: Steve Targaryen, First of His Name

April 17, 2019

This week we debate three timely topics:

  1. 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 everyone else involved in the process for failing to see that this is a problem, and vacating all of Judge Spath’s hundreds of orders since he put in his application to become an Immigration Judge.
  2. Hernandez Part II: The Solicitor General has recommended a cert. grant in Hernandez, the cross-border shooting case, on the Bivens question (though not the Westfall Act question).
  3. Third Party Data and the Impact of Changing Customer and Cultural Expectations: News that law enforcement officials obtained a warrant compelling Google to share customer location data in quasi-bulk fashion draws attention not to the evolving Fourth Amendment, but rather to evolving public expectations about what data companies should hold to begin with.

Oh, and something about some TV show with dragons, zombies, kings and queens, and so on.  Have to stay for the frivolity at the end to see what that’s all about.

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