Episode 206: This Podcast Is Not a State Actor

July 12, 2021

[Updated to fix the audio issue with the original file…though I have to admit, it was very entertaining to hear the hosts speaking an octave too low!)  We’re back with another round of discussion and debate featuring co-hosts Steve Vladeck and Bobby Chesney, working through the latest national security law developments. Tune in for:

  • The end of the decade-long run of General Mark Martins as Chief Prosecutor at GTMO
  • The interagency debate within the Biden Administration regarding whether to concede that the Due Process Clause applies to GTMO detainees (either in the habeas context or more broadly), in connection with the al-Hela litigation currently pending before the en banc D.C. Circuit
  • Interstate deployments (without federalization) of state national guard forces, and the state-level separation-of-powers issues arguably raised by private funding of NG activities
  • OLC’s opinion on the removal power
  • New life for the US effort to extradite Julian Assange from the UK
  • Donald Trump attempting to invoke the First Amendment as the basis for a civil action challenging the actions of (private) social-media companies
  • Brief notes on the parallel between the so-far-unsuccessful efforts to deter both attacks on US forces in Iraq and ransomware attacks emanating from Russia

And as always, there’s much frivolity both at the start and the finish!

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