Episode 158: What SCOTUS Can Learn from Franklin Barbecue

March 11, 2020

Are you “working” from home now?  Perhaps it’s time to take a break and enjoy the latest episode of the National Security Law Podcast.  In a discussion that takes the goal of let’s-not-prepare-too-much to new heights, your co-hosts Professors Bobby Chesney and Steve Vladeck are back to talk about:

  • potential reauthorization this week of the three FISA provisions that otherwise will expire on March 15th
  • the public-health imperative of flattening the curve when it comes to the spread of COVID-19 (that is: the critical need to ensure cases don’t outpace hospital capacity, including especially ICU capacity), and the resulting need for preemptive social-distancing measures
  • today’s release of the Cyber Solarium Report (ok, they don’t really talk about it, but they do note that it happened!)
  • a recent speech by the Defense Department General Counsel regarding the law of military cyber operations
  • another recent speech by the Defense Department General Counsel, this one setting out the most-detailed argument we have yet seen from the U.S. government regarding the domestic and international legal issues associated with the Soleimani airstrike
  • a D.C. District Court decision finding that Army Regulation 190-8 is legally enforceable via habeas as to a GTMO detainee, and on that basis concluding that a medical-necessity repatriation may be in order for one of the detainees
  • a decision by the International Criminal Court to authorize its prosecutor’s office to investigate war crimes in Afghanistan, including allegations of American war crime (well, like the Solarium report, we don’t so much talk about this as we note it occurred and promise to talk about it more…later)

And, of course, we talk about the latest episode of Picard.  Your frivolity homework, by the way, is to watch the season premiere of Westworld next week.  And note: no episode next week, due to Spring Break.  We’ll be back after that!

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