Tag: Article II

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Episode 129: This Is Quite the War Powers Podcast

• July 24, 2019
• Tagged as: 2339B, 9/11, al Qaeda in the Islamic Maghreb, AQIM, Article II, Asainov, associated force, AUMF, Bill Barr, CID Treatment, Doe v. Mattis, Executive Privilege, going dark, GTMO, Guantanamo, Iran, Islamic State, KSM, Marik String, material support, Military Commissions, National Security Law, outrageous government conduct, Rochin, SCOTUS, shocks the conscience, State Department Legal Advisor, United States v. Nixon, War Powers, West World, Westeros World

This week on the National Security Law Podcast, with co-hosts Bobby Chesney and Steve Vladeck: War Powers: Congressional testimony from the State Department’s Acting Legal Advisor confirms that the administration has placed AQIM on the list…

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Episode 126: Sometimes, “Nothing” Is Important

• June 26, 2019
• Tagged as: 10 USC 394, Article II, Auer Deference, AUMF, Boumediene, confidential informant, counterterrorism, Curtiss-Wright, cyber, Cyber Command, CYBERCOM, DOJ NSD, Enemy Combatants, Federal Vacancies Reform Act, Fifth Amendment, GTMO, Guantanamo, habeas, Iran, ISIS, Islamic State, Johnson v. Eisentrager, Judge Millet, Judge Randolph, Justice Breyer, Kiyemba, material support, National Security Division, National Security Law, non-delegation doctrine, Pentagon, procedural due process, Qassim, SCOTUS, Secretary Esper, separation of powers, Supreme Court, Trump, Uighurs, War Powers, Westworld, Zadvydas

We are back with the latest in national security legal developments, with Professors Chesney and Vladeck agreeing where they can and arguing respectfully (and, let’s face it, nerdishly) where they can’t.  On tap this week:…

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Episode 125: Worst of Both Worlds

• June 18, 2019
• Tagged as: Active Cyber Defense Certainty Act, Article II, Borg, citizen rescue, CMCR, countermeasures, CYBERCOM, declaration of war, defense of nationals, double-jeopardy, GTMO, Guantanamo, hackback, hostage rescue, hostilities, internationally wrongful act, Iran, Libya, Military Commissions, Nashiri, national self defense, Persian Gulf of Tonkin, Rep. Graves, Russia, SCOTUS, separate sovereigns, sovereignty, stare decisis, STTNG, War Powers, WPR

We are back with the latest national security law news, with your co-hosts Steve Vladeck and Bobby Chesney explaining, debating, and–let’s face it–geeking out.  This week we’ve got: War Powers: The latest events in the…

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Episode 124: Who’s Ron Swanson?!?

• June 13, 2019
• Tagged as: Appointments, Article II, AUMF, Chadha, CYBERCOM, DIane Feinstein, dual hat, Due Process Guarantee Act, Enemy Combatants, Federal Vacancies Reform Act, FVRA, GTMO, Guantanamo, hostilities, NDAA, Non-Detention Act, NSA, Separated Powers, Ted Cruz, WPR, Yemen

And we are back, after a one-week hiatus, with loads of national security law debate and discussion, not to mention some Grade B frivolity! On tap for Professors Vladeck and Chesney: Detention of Enemy Combatants:…

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Episode 121: The Persian Gulf of Tonkin

• May 15, 2019
• Tagged as: 2001 AUMF, 2002 AUMF, admiralty, al Qaeda, armed conflict, Article 51, Article II, AUMF, Classified Information, CMCR, collective self-defense, conflict of interest, Daniel Hale, FARA, foreign agent registration, Game of Thrones, Gulf of Tonkin, harboring, hostilities, Huawei, Iran, James Cole, Jeremy Scahill, Julian Assange, leak prosecution, Leaks, Military Commissions, national defense information, National Security Law, North Korea, propaganda, sanctions, SCOTUS, self defense, Sputnik, The Intercept, UN Charter, War Powers, War Powers Resolution, wikileaks, WPR

In this week’s episode, Steve Vladeck and Bobby Chesney debate and discuss the latest national security legal news, including: Iran – The prospect of some form of armed conflict with Iran, and the various legal…

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Episode 116: This Podcast Can Only Be Detained for Six Months

• April 2, 2019
• Tagged as: 18 U.S.C. 876, 18 USC 956, 21 USC 876, Adham Hasoun, Adham Hassoun, Article II, Bilal Kareem, Bill of Particulars, Bucklew, bulk collection, cash-counting machines, Cruel and Unusual Punishment, DEA, deadpool, Drug Enforcement Agency, Due Process, Due Process Clause, Game of Thrones, Jose Padilla, Mezei, SSP, State Secrets Privilege, Take Care Clause, terrorism, Trump, unenforcement, Zadvydas

Join us as Professors Vladeck and Chesney discuss and debate the latest national security law news!  This week we’ve got: The Adham Hassoun case: Can the government hold a terrorism-related individual in long-term immigration custody…

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Episode 105: That Doesn’t Mean You Do It Stupid!

• January 7, 2019
• Tagged as: 10 USC 2808, 33 USC 2293, al Tanif, al-Badawi, Article II, AUMF, Border Wall, Chinese commercial espionage, Deployment Power, eminent domain, GTMO, Guantanamo, Harold Martin, IEEPA, Immigration Judge, Iran, John Bolton, Judge Schools, Judge Spath, mathlete, Mattis, Mattis rule, Mean Girls, Military Commissions, National Emergencies Act, national security fact deference, National Security Law, NEA, NSA, Regina George, Shadow Brokers, Shanahan, Syria, Syria withdrawal, transgender servicemembers, Trump, UN Charter, USS Cole, Vacancies Act, War Powers, War Powers Resolution, Warren Christopher Clark, Warren Clark, WPR

If your New Year’s Resolution involves finding a podcast exploring the legal aspects of major national security events and institutions, we are here to help!  Start of 2019 the right way with our first episode…

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Episode 104: This Podcast Is a State Secret

• December 18, 2018
• Tagged as: Article II, Chevy Chase, Chief Justice Vinson, In re Neagle, Justice Field, Reynolds, SSP, State Secrets Privilege, Totten, United States v. Reynolds

Deep-dive alert! That’s right, we are closing out 2018 with a deep-dive episode on the State Secrets Privilege. From Totten to Reynolds and on to the present day, you’ll want to tune in for this hour-long exploration of…

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Episode 87: The D.C. Circuit Ain’t Inquorate

• August 21, 2018
• Tagged as: 842(p), 9/11, 9/11 trial, Article II, Egan, EITs, explosives, FBI Clean Team, Hegab v. Long, Hicks, Iran, IS, Islamic State, Judge Pohl, KSM, military commission, Miranda, NDAA, RFRA, security clearance, Signing Statement, Taint, Tanvir, Torture, Trump, Trumplandia, Webster v. Doe

And we’re back, with much to discuss in the wacky world of national security law.  Join Professors Steve Vladeck and Bobby Chesney as they wrestle with: A *huge* ruling by Judge Pohl in the Military…

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Episode 83: [Steve] Is the Kiss of Death

• July 25, 2018
• Tagged as: Ambassador McFaul, Article II, Brad Moss, Carter Page, death penalty, Doe v. Mattis, Dwayne Johnson, extradition, FBI, FISA, FISC, Foreign Intelligence Surveillance Court, Goldberg v. Kelly, GTMO, Guantanamo, Ibraheem Musaibli, IS, Islamic State, Lawfare, material support, military commission, military detention, MLAT, Moana, mutual legal assistance, National Security Law, probable cause, procedural due process, Russia, Samantha Elhassani, SDF, security clearance, Syria, the Beatles, The Rock, Valentine, verification, warrant, Woods Procedures

Welcome to the latest National Security Law Podcast episode.  Though Steve and Bobby both have been moonlighting (here is Steve on the Lawfare Podcast and here’s Bobby on the Cyber Law Podcast), there’s no place like…