Episode 86: This Episode Was Not Recorded in the Situation Room!

August 14, 2018

We are back with review and analysis of the latest national security law developments, hot on the heels of last week’s deep-dive episode.  We’ll have another deep dive soon, but for now it’s back to some old chestnuts. We’ve got:

  • Doe v. Mattis — another delay to report, and some further speculation about the role that passports might be playing in the negotiation.
  • al-Alwi — last week we shared a few preliminary reactions to the D.C. Circuit’s al Alwi decision, and now we’re back with an in-depth analysis.
  • A circuit-split on a Bivens remedy in cases involving a cross-border shooting: we’ve got an explainer on the relationship between the Rodriguez decision in the Ninth Circuit and Hernandez II.
  • PCLOB lives???  A few quick notes on the latest nominations to the PCLOB.  If only the Senate would actually confirm some of these folks, this valuable institution would no longer be–wait for it!–inquorate.
  • A note on the military commissions: not much cooking here because the Nashiri litigation is held up at the Court of Military Commission Review, but we do at least have a new judge in the case.
  • Trumplandia: We mostly resist the temptation to wallow in the Omaraso debacle, and actually keep this segment of the show short for once.  Mostly we chat about the fact that four federal judges (now including a Trump appointee) have all rejected claims that Special Counsel Mueller’s appointment is unconstitutional.
  • Notes on the National Security Division: We check in with NSD, finding a handful of pleas, sentences, and other developments in national security cases (including the apprehension by the Cubans of an American trying to fly to Russia in the 12th year of his abscondment from alleged acts of terrorism for the Earth Liberation Front…definitely sounds like the plot of a TV show).

And then we just start indulging ourselves with what must be twenty or more minutes of rambling frivolity, starting with some TV and movie reviews and spreading out to cover some books and…NBA projections?  Remember: experts on national security law, but nothing else!

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