Episode 25: So Much National Security Law News…We’ve Reached Our Limitrophe

June 28, 2017

Had you seen the word “limitrophe” before Justice Breyer used it in his dissent in Herndandez v. Mesa? Neither had Professors Vladeck and Chesney, but that doesn’t stop them from exploring the Supreme Court’s action in that cross-border shooting case, with its implications for Bivens, qualified immunity, and the extraterritorial application of the Fourth Amendment.  Nor does Travel Ban fatigue stop them from unpacking all the details in Trump v. IRAP, the Supreme Court’s per curiam ruling partially lifting the nationwide preliminary injunctions involving President Trump’s travel-ban order.  Completing the SCOTUS trifecta, your hosts also flag the cert. grant in a case involving Persian antiquities given to Indiana Jones in the 1930s…well, sort of, you have to listen to find out what that’s all about.  In the back half of the episode, discussion turns to the sudden appearance of military commission charges against Hambali, the GTMO implications of a recent story about SOF manhunting operations attempting to capture Islamic State leaders in Syria, and the legal implications of accepting intelligence from and otherwise becoming enmeshed in detention centers run by the UAE in Yemen (in light of a story alleging torture at those centers).  Oh, and then there’s an assessment of the legal implications of Paul Manafort making a post-hoc registration as a foreign agent.  All that, plus Steve rubs Bobby’s nose in the fact that Chris Paul apparently is going to become a Rocket and not a Spur….

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