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 unsealed a superseding indictment against Julian Assange, including a raft of Espionage Act charges with serious (and long-anticipated) implications for journalists. The indictment does not mention the connection between UT’s Volleyball Gymnasium and a key architect of the Espionage Act back during WWI, so we also address that…
- Border Wall Funding: In Sierra Club v. Trump, a federal district judge has issued a preliminary injunction in relation to the Trump administration’s efforts to transfer funds to DOD’s “Section 284” account, while also addressing the distinct “Section 2808” military construction funding mechanism.
- SCOTUS Grants Cert. in the Cross-Border Shooting Case: Steve isn’t busy enough, so SCOTUS has decided to hear Hernandez v. Mesa (on whether a Bivens damages action should exist where a federal agent is alleged to have violated the Fourth & Fifth Amendments and there is no other remedy available).
- NSD Roundup: Short notes on a pair of terrorism-related case developments.
- How Was that Not Military Activity? On the ITLOS decision concluding that Russia was not engaged in “military activities” when it fired on and seized Ukrainian vessels.
But, enough about all that serious stuff. We’ve also got opinions about the NBA…