Episode 136: This Podcast Needs a Reboot!

September 18, 2019

And we’re back, with a lot of news to cover!  Tune in for discussion and (respectful) debate with our cohosts, Professors Vladeck and Chesney, as the review:

  1. Is it proper for the DNI to withhold from HPSCI a whisteblower complaint under the Intelligence Community Whistleblower Protection Act (ICWPA…Ick-Wipp-Uh!), where the IG has made a determination that the statutory standard has been met but the DNI disagrees? And what remedies might HPSCI (or SSCI) have if the answer is no?
  2. About that colon/semicolon issue involving Marbury v. Madison
  3. Not surprising, but still fascinating: DOJ sues Snowden and his publisher because Snowden didn’t seek pre-publication review for his new book or for certain paid speeches.
  4. Back to GTMO: Two D.C. Circuit judges make a point of weighing in, via a dissent from denial of a suggestion for rehearing en banc in Qassim, to express their view that (notwithstanding Boumediene) noncitizens held at GTMO cannot invoke the Fifth Amendment Due Process clause.
  5. Executive privilege: does it make any sense to say that it applies as to a conversation between POTUS and a private citizen?
  6. Paging Steve Vladeck about citing Steve Vladeck; or, the story of recursive citations

Best of all, however, is the path that leads from talk of a Princess Bride reboot to a generation-later sequel to Coming to America…

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