Episode 26: The Impenetrable Podcast Unit

July 11, 2017

In today’s episode, Professors Chesney and Vladeck focus on three sets of issues.  First, they explore the D.C. Circuit’s June 30th ruling in Jaber v. United Statesin which the court on political question grounds affirmed dismissal of a suit seeking damages in relation to a 2012 drone strike in Yemen. If you are into the political question doctrine, well, that’s kind of scary but the important thing is that you’ll enjoy the discussion.  If you don’t enjoy getting into the legal weeds of justiciability, that probably reflects well on you but you will hate this part of the episode.  Moving on…  Next, your hosts debate the criminal law implications of recent revelations about a meeting between a Russian lawyer and Donald Trump, Jr. (as well as Paul Manafort and Jared Kushner), involving an expected offer by the Russian to give derogatory information about the Clinton campaign.  Did it violate campaign finance laws? Is the real legal story here about failing to disclose the conversation? Finally, Vladeck and Chesney dig  into a trio of developments relating to military commissions at GTMO.  What did the Court of Military Commission Review recently say about the statute of limitations for war crimes, and why is that a hard question?  Why is Canada giving millions to Omar Khadr, and what is the controversy surrounding the military commission charge known as “murder in violation of the law of war”?  And what is up with a military commission judge calling a halt to proceedings because of…a boat?  Oh, and be sure to stay tuned to the end, when your hosts hand out their midseason MLB awards.  Just think, starting next week you are going to have to put up with them dissecting Game of Thrones episodes…ugh….

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