Tag: Trump

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Episode 73: The Penumbras of the Category

• May 8, 2018
• Tagged as: Alex Joel, black site, bulk metadata, Can't Hardly Wait, CDRs, CIA, Clueless, combatant immunity, combatant's privilege, Common Article 2, contact chaining, Court of International Trade, D.C. Circuit, Darbi, Dazed and Confused, Doe v. Mattis, EITs, First Amendment, FISA, FISC, Geneva Convention, Gina Haspell, GTMO, habeas, Hamidullin, Haqqani, Haspell, IAC, interrogation, John Kerry, Judge Ellis, learned counsel, Logan Act, Manafort, military commission, Mueller, Munaf, Nashiri, NIAC, ODNI, POW status, Saudi Arabia, Section 215, Severstal Export, Srinivasan, Taliban, Thailand, Torture, Trump, Trumplandia, USA Freedom Act, Valentine, Varsity Blues

Welcome back to the National Security Law Podcast!  This week, Professors Vladeck and Chesney discuss and debate the following: Doe v. Mattis: The D.C. Circuit has affirmed the injunction barring the government from turning John…

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Episode 72: This Podcast Was Recorded Before, On, or After 9/11

• May 1, 2018
• Tagged as: 9/11, al-Hawsawi, armed conflict, Avengers, CIA, detainee, Doe v. Mattis, FISA, FISC, Grassley, GTMO, habeas, Hawsawi, hostilities, HPSCI, Iraq, IS, Islamic State, Johnson v. CIA, Judge McMahon, Judge Pohl, KSM, Logan Act, major combat operations, Military Commissions Act, military commmissions, Mueller, Munaf, NBA, personal jurisdiction, Russia, selective disclosure, Trump, USA Freedom Act, Valentine, Westworld

No shortage of topics this week. Join us as Professors Chesney and Vladeck debate and discuss: United States v. al-Hawsawi, in which Judge Pohl rules that a military commission prosecution can proceed against an accused…

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(Bonus Episode) Ep.70: The Corker-Kaine AUMF

• April 17, 2018
• Tagged as: AUMF, Authorization for Use of Military Force, Chutkan, CLOUD Act, Corker, Doe v. Mattis, Kaine, Microsoft, Mnuchin, Munaf, National Security Law, Nikki Haley, Russia, sanctions, SCOTUS, Trump, vagueness, Valentine

Well, we’re back, 24 hours after dropping Episode 69. Why? 2018, that’s why! Seriously, lot’s to discuss: A deep-dive into the draft 2018 AUMF from Senators Corker and Kaine.  Tune in for a VERY detailed…

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Episode 69: Friday Was Quite a Month

• April 16, 2018
• Tagged as: airstrike, Andy McCabe, armed attack, Article 2(4), Article 51, Attorney-Client Privilege, Black Panther, Category III, chemical weapons, Comey, humanitarian intervention, Justice Jackson, Libya, Mets, Michael Cohen, New York Mets, OIG, OLC, Prize Cases, Rod Rosenstein, Russia, SDNY, Search Warrant, security council, Steel Seizures, Syria, tripartite framework, Trump, UN Charter, unwilling/unable, WMD

In light of the amazing developments last Friday, we decided to move the show up to today.  Tune in for discussion of five things that happened just that one day: A deep dive on the…

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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…

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Episode 64: Beware the Ides of CFIUS!

• March 15, 2018
• Tagged as: al Alwi, armed attack, Article 2(4), Article 51, assassination, black site, Broadcom, CAATSA, CFIUS, CIA, confirmation, economic sanctions, Gina Hapsel, HPSCI, interrogation, March Madness, Mike Pompeo, National Security Law, NotPetya, Prime Minister May, Qualcomm, RID, Russia, Section 224, self defense, SSCI, State Department, Tillerson, Torture, Trump, UN Charter, use of force, Waterboarding

So there you are on the beach for spring break, drink in hand and headphones on.  Time for some…National Security Law Podcast!  We’re back with a special midweek episode because, well, we’ll never keep up…

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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…

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Episode 60: TL;DL – This Is Why We Can’t Have Nice Things

• February 21, 2018
• Tagged as: al Darbi, Attachment Immunity, CareFirst, DACA, Darbi, data breach, Doe v. Mattis, DOJ, Enemy Combatant, Foreign Sovereign Immunities Act, FSIA, GTMO, Guantanamo, identity theft, Internet Research Agency, Iran, JASTA, John Doe, Judge Spath, Judgment Immunity, Justice Department, Litigation Immunity, Military Commissions, Mueller, National Security Law, NDAA, Rubin, Rubin v. Islamic Republic of Iran, Russia, Saudi Arabia, SCOTUS, spath, speculative injury, Spokeo, standing, terrorism prosecution, Trump

An over-long episode with a short title to reflect a very busy–and somewhat bizarre–eight day stretch in the wide world of national security law.  This week, your hosts Professors Chesney and Vladeck weigh in on:…

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Episode 59: Share the Cookies

• February 13, 2018
• Tagged as: #mehmo, 2001 AUMF, 2002 AUMF, 9/11, ACORN, Bill of Attainder, Convening Authority, Darbi, death penalty, Doe v. Mattis, DOJ, Due Process, GTMO, Guantanamo, Harvey Rishikoff, IS, ISIS, Islamic State, Japanese Internment, Jeff Sessions, Kaspersky, KSM, learned counsel, MilComs, Military Commissions, Mueller, Nashiri, National Council of Resistance, NDA, NDAA, Noel Francisco, Non-Detention Act, Nunes, plea bargain, Rachel Brand, Rod Rosenstein, Russia, Schiff, spath, Trump

We don’t lack for topics this week!  In today’s episode, Professors Vladeck and Chesney eat a number of cookies while talking about the following: Rachel Brand steps down at DOJ.  As George III might say,…

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Episode 58: Is It Treason Not to Clap For This Podcast?

• February 6, 2018
• Tagged as: #mehmo, #releasethememo, ACLU v. Mattis, al Darbi, Carter Page, Convening Authority, Dirty Dancing, Doe v. Mattis, Eli Manning, FISA, FISC, FOIA, Gary Brown, GTMO, Guantanamo, Han Solo, Harvey Rishikof, House Rule 11(g), Judge Chutkan, Justin Timberlake, Kessel Run, Kiyemba, Kiyemba II, Military Commissions, Munaf, National Security Law, Nunes, Schiff, Super Bowl, Tom Brady, Treason, Trump, Valentine

Sorry that football season is over?  Lucky for you, the National Security Law Podcast has no offseason!  And lucky for your co-hosts, the world keeps generating new topics for conversation and debate.  This week, Professors Vladeck…