In today’s episode, Professors Chesney and Vladeck spend time with three legal topics (before spiraling off into some ill-informed commentary on the college football season). First, building off a report that FBI arrests of Islamic State supporters inside the US have declined significantly recently, they discuss why such a change may have occurred and what it signifies for the role of law enforcement in counterterrorism policy. Second, they check in on the progress (ahem) of the pre-trial proceedings in the military commission case involving the 9/11 conspiracy. The trial judge recently offered January 2019 as a trial date trial balloon, which leads your hosts into an extended discussion of the odds of that happening–and the many complications that factor into that question. Third, on the theory that decisions to enforce or not enforce various aspects of immigration law pertain to the larger topic of presidential power, they dive deep into the DACA controversy. If you are looking for a walk-through of the basic legal issues, and some speculation about how things may play out, this is what you need. Oh, and as I mentioned, they seem to think they have some neat insights into college football, so if you like that sort of thing–or if you just want to hear them wallow in the pain of UT getting smacked by Maryland in its home opener–stick around for the final ten minutes.
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