Episode 146: What’s In Your Wallet? A Subpoena!

December 4, 2019

Welcome back to the National Security Law Podcast!  Tune in as Professors Vladeck and Chesney debate and discuss the week’s national security law news, including:

  1. Trumplandia: The House Intelligence Committee’s report shines a spotlight on certain call records, leading some to question how such records lawfully are obtained by investigators.  This leads to a discussion of the Fourth Amendment, the third-party doctrine, the Stored Communications Act, and both grand jury and congressional subpoenas.
  2. More Trumplandia: The Second Circuit has ruled against an effort to prevent Deutsche Bank and Capital One from complying with a Congressional subpoena for Trump-related records, adding to the slew of cases on this topic.
  3. Adham Hassoun and indefinite immigration-law detention for dangerous persons: Back in episode 116 we noted that Hassoun had completed his 15-year sentence (following a conviction for involvement in a murder conspiracy under 18 USC 956(a)), but is being held pending removal…with little prospect for effecting that removal, given his stateless-status.  He is now subject to the not-previously-used USA PATRIOT Act Section 412 authority, which involves an initial 7-day window for detention and then calls for semi-annual judicial review.  The case presents both procedural due process and substantive due process issues.
  4. Designating Mexican drug cartels as “foreign terrorist organizations”–President Trump says this is in the works at last, so we review the legal and policy aspects.
  5. National Security Division Roundup: We offer brief notes on a few major recent developments in terrorism-related cases.

But it’s all about the frivolity, so stay till the end for our idle opinions on what ought to happen with the College Football Playoffs final four, and especially for our take on episode 4 of the Mandalorian.

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