In this episode, Professors Chesney and Vladeck live up to their new motto (see the episode title) by wading into the confusion surrounding a pair of recent presidential claims with significant national security law implications: President Trump’s claim that the Obama administration wiretapped him (or his campaign), and his allegation about the “GTMO recidivism” rate as between the Bush and Obama administrations. This in turn leads to a discussion of the “Vault7” dump by Wikileaks of information on CIA tools for accessing iPhones, Android devices, and so forth, and from there they discuss the new immigration executive order as well (disagreeing as to its litigation prospects). With time running short, they move on to a lightning round touching on the draft Active Cyber Defense Certainty Act (that’s right, it’s the “AC/DC Act”), and an important but little-noticed military commission ruling that seems likely to result in four CIA officers having to testify about the interrogation of al-Nashiri. Things don’t get contentious until the end, when for better or worse they take up the NBA MVP debate. Cornucopias also get a mention, for insufficient reasons.
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