Episode 204: [Insert Inscrutable Title Here]

June 14, 2021

Hello from Austin!

We’re back with a new episode!  Tune in as your co-hosts Professor Steve Vladeck and Bobby Chesney discuss and debate:

  • SCOTUS narrows the scope of the Computer Fraud and Abuse Act in Van Buren
  • SCOTUS grants cert. in Fazaga, adding to the sense that the October ’21 Term will be unprecedented for its engagement with state secrets privilege and FISA issues
  • The Biden Administration withdraws IEEPA sanctions against TikTok and WeChat…for now, at least!
  • GTMO closure trial-balloon?  About that NBC News story that mentions a possible desire to put the long-term military detainees in a Supermax prison rather than a military facility
  • Over-the-horizon uses of force in Afghanistan post-withdrawal: so, will that be subject to the PPG as a use of force outside a zone of active hostilities?
  • Leak-hunt subpoenas: we’ve got subpoenas concerning the communications of journalists…and Members of Congress…and the White House Counsel. Where are the legal and policy redlines in such cases?
  • Mike Flynn, Larabee, and the idea of recalling separated servicemembers in order to subject them to court-martial proceedings (based on post-separation conduct)

Also, did we mention the Mets are in first place?  Join the MLB-themed frivolity as we ramble about teams and players doing surprisingly well and surprisingly not-so-well!

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