Episode 188: Not *That* Enterprise

December 22, 2020

Hello from Austin, home of SolarWinds and CyberTrucks! [ed. note:  uh, no.  Let’s go with home of bbq and tacos instead]  We’re back with another round of discussion and debate with Professors Steve Vladeck and Bobby Chesney, as they cover:

  • Erica Newland’s NY Times op-ed arguing that DOJ attorneys should have resigned early on during the Trump administration
  • What exactly counts as a seditious conspiracy for purposes of (i) federal criminal law and (ii) the Uniform Code of Military Justice?  Asking for a friend…
  • The sudden rise, and apparent collapse, of a rushed attempt by DoD leadership to direct separation of NSA and Cyber Command
  • Prospects for a veto override if Trump vetoes the NDAA tomorrow
  • Section 1705 of the pending NDAA: an authority for DHS CISA that in some ways speaks directly to the flaws exposed by the SolarWinds debacle
  • Al Shabaab’s 9/11-style plot, and the compelling ordinariness of the Justice Department’s decision to prosecute it in Manhattan
  • Pan Am 103 back in the news: AG Barr announces charges against the bombmaker (who may also have made the bomb that struck La Belle Discotheque in Berlin)

And, of course, views on the Mandalorian season finale!

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