Tag: IEEPA

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Episode 170: This Podcast Is Not Subject to (Prior) Restraint

• June 19, 2020
• Tagged as: 13th Amendment, Administrative Procedure Act, APA, Chief Justice Roberts, China, constructive trust, DACA, DAPA, DOJ, EMAC, Emancipation Proclamation, Espionage Act, force protection, Frese, General Granger, Governor Wolf, IAC, IEEPA, India, John Bolton, Juneteenth, Justice Kavanaugh, Lincoln, national defense information, National Guard, Near v. Minnesota, Pentagon Papers, pre-publication review, President Xi, Prior Restraint, Reconstruction, surveillance, Trump, Uighur Human Rights Policy Act of 2020, Uighurs, War Powers, Xinjiang

In the latest episode of the National Security Law Podcast, co-hosts Professors Steve Vladeck and Bobby Chesney discuss: Juneteenth, the Emancipation Proclamation, and War Powers DOJ’s doomed effort to get a prior restraint preventing publication…

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Episode 169: Now We’re a Third Amendment Podcast

• June 12, 2020
• Tagged as: 9/11 prosecution, civ-mil relations, civil-military relations, DC, DC Statehood, executive order, Fort Bragg, Fort Hood, General MIlley, GTMO, ICC, IEEPA, Insurrection Act, KSM, Majid Khan, Military Commissions, National Guard, NDAA, New York Times, Originalism, PCA, Posse Comitatus Act, President Trump, Secretary Esper, Third Amendment, TItle 10, Title 32, Tom Cotton, Watchmen

After an extra-long break, we are back…and swamped!  Tune in for debate and discussion of, among other things: The National Guard deployments to Washington, DC, including questions of status, command, and authority The special circumstances…

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Episode 133: You Are “Hereby Ordered” To Listen To This Podcast

• August 28, 2019
• Tagged as: 1L, asylum, China, Conspiracy, Curtis-Wright, IEEPA, International Emergency Economic Powers Act, law school, Military Commissions, National Emergencies Act, National Security Law, NEA, Ninth Circuit, non-delegation, pedagogy, sanctions, SCOTUS, Socratic method, Tariffs

Well, that’s not quite what the President said.  It was something about American companies and trade with China, not you and your podcast app.  And IEEPA can’t be used to make anyone listen to this podcast, we…

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Episode 117: Y’all Got Designated

• April 13, 2019
• Tagged as: 2001 AUMF, 2339B, AUMF, Bradley Manning, CBP, CFAA, Chelsea Manning, Computer Fraud and Abuse Act, DHS, dual criminality, duets, dynamic duo, Ecuador, Espionage Act, extradition, Federal Vacancies Reform Act, FTO, hostilities, IEEPA, Iran, IRGC, journalism, Julian Assange, Libya, Lori Love, material support, media freedom, OFAC, President Moreno, S.J. Res. 7, sanctions, Secretary Nielson, War Powers Resolution, wikileaks, WPR, Yemen

Live episode!  We recorded this morning before a live audience at the University of Texas School of Law reunion weekend.  It was a packed house of terrific alumni, and happily the week’s news conspired (pardon…

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Episode 108: Is It Arnold Palmer or Iced Tea-Lemonade?

• January 30, 2019
• Tagged as: 2339B, 5000 troops, Afghanistan, anti-AUMF, AUMF, Colombia, Denmark, diplomatic recognition, Director Coats, Green Desert, GTMO, Guantanamo, habeas, Hamilton, hostage rescue, Huawei, hybrid model, IEEPA, Iran Sanctions, Lin-Manuel Miranda, Ludecke, Maduro, material support, military detention, national emergency, NDAA, NEA, ODNI, protection of nationals, Rent Live, Ronald W. Reagan NDAA, sanctions, SDF, Section 1021, Super Bowl, T-Mobile, Taliban, Tappy, troop cap, Venezuela, Warren Christopher Clark, Warren Clark, Warsame, wire fraud

Unlike Rent Live, all of our personnel participated in this week’s show!  We’ve got: The Venezuela Crisis: International Law complications with dueling recognitions More Venezuela: “5,000 Troops to Colombia” and Section 1021 of the Ronald…

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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 103: This Podcast Should Be Dis-BARRed

• December 11, 2018
• Tagged as: Academy Awards, al Alwi, Attorney General Barr, Bill Barr, Deployment Power, DPRK, foreign films, GTMO, habeas, Huawei, IEEPA, Judge Garland, Justice Kavanaugh, Miller Center, OFAC, Oscars, Persian Gulf War, PPG, sanctions, SCOTUS, Somalia, Treasury Department, War Powers, War Powers Resolution, William Barr, WPR, Youngstown

Interested in the views of Once and Future Attorney General Bill Barr on questions like the power of the president to initiate a war, remove officials, and other hot separation of powers topics?  We read…

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Episode 51: Temporary, Immediate, and Unmonitored Access to this Podcast

• December 27, 2017
• Tagged as: ACLU v. Mattis, Carpenter, Enemy Combatant, habeas, habeas corpus, human rights, IEEPA, interlocutory appeal, Judge Chutkan, Magnitsky Act, Munaf, national emergency, National Security Law, NSA, privacy, Red Dawn, sanctions, Section 702, Sergei Magnitsky, Snowden, standing, Star Wars, surveillance, The Siege, Travel Ban

Well, 2017 is almost done.  No doubt there are a few more kicks-in-the-pants on the way before it’s all said and done, but hey, we can at least offer you one final episode of this…

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Episode 23: She Could Be the Ruckelshaus to Rosenstein’s Richardson

• June 13, 2017
• Tagged as: Adam Smith, al Shabaab, AUMF, Bob Mueller, Comey, cyber operations, executive order, HASC, Hezbollah, IEEPA, Jeff Sessions, material support, oversight, Rachel Brand, recusal, Rosenstein, SASC, SCOTUS, Somalia, Supreme Court, Thornberry, Travel Ban, Trump

In this episode, Professors Vladeck and Chesney come up with a tongue-twister of a title while exploring the legal fallout from the Comey testimony last week, including discussions of (1) whether Comey’s actions were illegal…

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Episode 16: Authorizing Force Against the Islamic State

• May 9, 2017
• Tagged as: Adam Schiff, Associated Forces, AUMF, Central African Republic, executive order, Fourth Circuit, IEEPA, immigration, ISIL, ISIS, Islamic State, Jim Comey, Mike Flynn, Military Commissions, military detention, National Emergencies Act, Ninth Circuit, Sally Yates, Syria, War Powers Resolution, White House Counsel, Yemen

In this episode, Professors Vladeck and Chesney walk listeners through a recent proposal by Rep. Adam Schiff to replace the 2001 and 2002 AUMFs with a new “consolidated” AUMF that would explicitly name the Islamic…