Episode 4: A New Hope

February 15, 2017

In this episode, Professors Vladeck and Chesney come to grips with a number of legal issues raised by the Mike Flynn story.  What the heck is the Logan Act and was it perhaps violated?  What about the possibility of a charge for making false statements to the FBI?  Was the underlying surveillance lawful? Were minimization rules violated? What about the folks who leaked the story?  After all that, the conversation swerves into a preview of the Hernandez case (which will be argued at the Supreme Court next Tuesday and presents questions about the application of the Fourth and Fifth Amendments to non-citizens outside the United States, inter alia) and a discussion of what might happen soon with respect to the Periodic Review Board process for Guantanamo detainees.  At that point, the conversation goes entirely off the rails as the guys turn their attention to fantasy baseball…

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