Episode 98: That’s What Leadership Looks Like

October 30, 2018

In today’s episode we take a break from our deep-dive series on the Foreign Intelligence Surveillance Act in order to reengage with the weekly inflow of national security law news.  We had no choice, really, for one our sustaining members–Doe v. Mattis–saw dramatic developments.  So here’s what we’ve got:

  • Military Detention of a US citizen – Erstwhile military detainee and US citizen John Doe has been named!  Not only that, but he’s been released to Bahrain. And his passport was cancelled.  We’ve got a recap of this remarkable development, and a summary of the larger lessons learned (or not learned) from this near-14 month legal odyssey.  Adios, Doe v. Mattis!
  • Border deployment – News that President Trump is sending 5200 troops to the border has triggered a wave of references to ye ol’ Posse Comitatus Act, and even speculation about an executive attempt to suspend habeas.  Buckle up for some debunking…
  • Birthright citizenship – As if the border deployment story is not enough, suddenly we find President Trump also talking about an executive order to revoke or limit birthright citizenship.  Prepare for some more fun-with-debunking, as we take a tour through the Fourteenth Amendment and the Supreme Court’s decisions in Wong Kim Ark and Plyler v. Doe. 
  • Domestic terrorism – The horrific events of the past week lead us to close with comments about domestic terrorism as a core national security concern.

No extended frivolity this week, either.  Instead, we close with a special guest offering wise words and a resounding illustration of leadership.

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