Our latest episode is shorter than normal because…well, we recorded most of it and then lost the file. Suffice to say we were a bit tired by the time the re-recording was done! Or maybe…
This week we’ve got the concluding episode in our trilogy of deep dives exploring the history and evolution of our foreign-intelligence collection legal architecture (see here and here for the two earlier episodes). Our focus…
Aaaaand we’re back! Yesterday we posted the first in a series of Deep Dive episodes on the Foreign Intelligence Surveillance Act, covering the origins and early-evolution of the Foreign Intelligence Surveillance Act. Today, we pick…
Ep.80: SCOTUS-palooza
- June 27, 2018
- Tagged as: Anthony Kennedy, Carpenter, cell-site location information, Chief Justice Roberts, CSLI, deference, FISC, FISCOR, foreign intelligence, foreign intelligence exception, Foreign Intelligence Surveillance Act, Han Solo, Justice Kennedy, Justice Scalia, Justice Sotomayor, Kennedy, Korematsu, metadata, national security, national security fact deference, rational basis review, SCOTUS, Smith v. Maryland, Star Wars, Strict Scrutiny, Supreme Court, Third Party Doctrine, Travel Ban, Trump, Trump v. Hawaii, U.S. v. Miller, Warshak
Hot on the heels of the Kennedy retirement announcement, we’ve got our special Supreme Court finale episode! This is the show for you if you would enjoy detailed and amicable debate and discussion concerning: the…
Episode 65: Caging a Tiger
- March 21, 2018
- Tagged as: Abassi, al Alwi, Andrew McCabe, Andrew Woods, Article III Standing, Bivens, Cambridge Analytica, Convening Authority, encryption, Facebook, FBI, FISC, FISCOR, Gary Brown, going dark, GTMO, Hernandez v. Mesa, Mattis, Military Commissions, Mueller, Phantom Secure, Rishikoff, S.J. Res. 54, Special Counsel, Trump, War Powers, Yemen, Ziglar
With apologies for short shownotes, here are the headlines for this week’s NSL Podcast: The McCabe firing The prospect of legislation permitting judicial review of any decision to fire Mueller An update of the declaration…
Episode 62: Wait–We Have to Talk About GATT?!?
- March 5, 2018
- Tagged as: abatement, ACLU, al Qaeda, AQAP, Article II, Associated Forces, AUMF, Bill Castle, Burr, China, commander in chief, Commerce Department, DOD GC, dumping, Executive Privilege, FISA, FISC, FISCOR, GATT, GTMO, Hope Hicks, HPSCI, interlocutory appeal, IS, ISIS, Islamic State, military commission, Nashiri, Nunes, override, sanctions, SCOTUS, Secretary Ross, sole organ, spath, SSCI, Steel, Tariffs, Trade Expansion Act, Trump, USA Freedom Act, War Powers Resolution, Warner, WPR, WTO, Wyden, Yemen
It’s not every week on this show that we get to talk about the Trade Expansion Act of 1962 and the General Agreement on Tariffs and Trade! And if that’s not an appealing hook to get…
Episode 61: Judge Pohl Says: “Hold My Beer”
- February 27, 2018
- Tagged as: 9/11, ACLU, anti-terrorism act, Arab Bank, ATA, Convening Authority, DACA, Darbi, data, extraterritoriality, FISA, FISC, FISCOR, FISCR, HPSCI, JASTA, Judge Pohl, Judge Spath, MCA, McCarthy, Microsoft. CLOUD Act, Military Commissions, Nashiri, Nunes, Patchak, Rishikof, Rubin, Russia, SCA, Schiff Memo, SCOTUS, Senator Kaine, Stored Communications Act, territoriality
No shortage of topics this week, but then again there was no shortage last week, or before that, or…ever. So, what’s on tap? Tune in to hear Professors Chesney and Vladeck explore: A host of…
Episode 53: Tanks, Bombs, Bombs, and Guns
- January 9, 2018
- Tagged as: 702, ACLU, ACLU v. Mattis, AQI, AUMF, Breyer, Dalmazzi, Doe v. Mattis, Dual-Office Holding, Enemy Combatant, FISA, FISC, FISCOR, Golden Globes, habeas, habeas corpus, Hamdi, Hamdi v. Rumsfeld, Marbury v. Madison, NFL, Non-Detention Act, O'Connor, Pitch Perfect, Pitch Perfect 3, surveillance
In this week’s episode, Professors Chesney and Vladeck take on three sets of issues under the national security law heading: ACLU v. Mattis (the US citizen enemy combatant case): Since the last episode, the government…