Tag: Article II

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Episode 158: What SCOTUS Can Learn from Franklin Barbecue

• March 11, 2020
• Tagged as: Afghanistan, AR 190-8, Army Regulation 190-8, Article II, Call Detail Records, CDRs, coronavirus, covid-19, CSC, Cyberspace Solarium Commission, Defense Department General Counsel, escalation risk, FISA, Franklin Barbecue, GTMO, Guantanamo, ICC, lone wolf, national self defense, Paul Ney, Picard, Roving Wiretaps, SCOTUS, Section 215, social distancing, Soleimani, sunset, Supreme Court, USA Freedom Act, war crimes, Westworld

Are you “working” from home now?  Perhaps it’s time to take a break and enjoy the latest episode of the National Security Law Podcast.  In a discussion that takes the goal of let’s-not-prepare-too-much to new…

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Episode 154: This Podcast Is Not Just a “Piece of Metal”

• February 19, 2020
• Tagged as: 18 USC 1114, 2002 AUMF, anticipatory self-defense, Article II, AUMF, Bill Barr, clerkships, extraterritorial, imminent, Iran, Iraq, national self defense, Pardon Power, Picard, Roger Stone, Soleimani, Trumplandia

This week on NSL Podcast, co-hosts Steve Vladeck and Bobby Chesney discuss and debate: The U.S. government’s formal statement to Congress on the legal rationale for its airstrike against General Soleimani Trumplandia and law enforcement:…

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Episode 140: We Almost Tried Hard!

• October 23, 2019
• Tagged as: Article II, Clinton v. Jones, Executive Privilege, Go Spurs Go, habeas, Humphrey's Executor, Myers, Removal Power, Supreme Court, suspension, suspension clause, temporary presidential immunity, Trump v. Vance, Unitary Executive, United States v. Nixon

We’ve got a short one this week, but also we didn’t plan or prep much, so we have that going for us! Tune in as Professors Vladeck and Chesney discuss the 2nd Circuit oral argument…

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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…