The National Security Law Podcast - Bobby Chesney and Steve Vladeck

Latest Episodes:

Episode 146: What’s In Your Wallet? A Subpoena! Dec 04, 2019

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Welcome back to the National Security Law Podcast! Tune in as Professors Vladeck and Chesney debate and discuss the week's national security law news, including: Trumplandia: The House Intelligence Committee's report shines a spotlight on certain call records, leading some to question how such records lawfully are obtained by investigators. This leads to a discussion of the Fourth Amendment, the third-party doctrine, the Stored Communications Act, and both grand jury and congressional subpoenas. More Trumplandia: The Second Circuit has ruled against an effort to prevent Deutsche Bank and Capital One from complying with a Congressional subpoena for Trump-related records, adding to the slew of cases on this topic. Adham Hassoun and indefinite immigration-law detention for dangerous persons: Back in episode 116 we noted that Hassoun had completed his 15-year sentence (following a conviction for involvement in a murder conspiracy under 18 USC 956(a)), but is being held pending removal...with little prospect for effecting that removal, given his stateless-status. He is now subject to the not-previously-used USA PATRIOT Act Section 412 authority, which involves an initial 7-day window for detention and then calls for semi-annual judicial review. The case presents both procedural due process and substantive due process issues. Designating Mexican drug cartels as "foreign terrorist organizations"--President Trump says this is in the works at last, so we review the legal and policy aspects. National Security Division Roundup: We offer brief notes on a few major recent developments in terrorism-related cases. But it's all about the frivolity, so stay till the end for our idle opinions on what ought to happen with the College Football Playoffs final four, and especially for our take on episode 4 of the Mandalorian.

Episode 145: The Meh-mometer Is Stuck at Meh Nov 26, 2019

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Happy Thanksgiving to all! If you are stuck in an airport or on a long drive this week, we've got you covered for at least one hour, as Professors Chesney and Vladeck discuss and debate: The military commission cases: we provide a full "reset" bringing you up to speed on where things stand with each of the major cases (including a reminder about an important pending motion in the 9/11 case) National Cupcake Day gives way to the Ides of March, as Congress pushes the sunset for several notable FISA provisions from 12/15/19 to 3/15/20 The Secretary Esper/Spencer dispute and the good-order-and-discipline issue raised by the president's intervention in the Gallagher case CENTCOM and SDF get the band back together in Syria, and detainees result...which is a timely reminder that we still depend on SDF to run detention ops in Syria. Subpoena time for Don McGahn? We consider the prospects on appeal, as well as the implications for former National Security Advisor John Bolton. But of course what you really want to know is what your hosts think of episode 3 of the Mandalorian. That, plus Lamar Jackson!

Episode 144: Lawful But Awful Nov 20, 2019

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Episode 144 is here! It was no easy task to sort out which topics to discuss this week, but in the end the Trumplandia segment prevailed over almost all the others. The end result? Tune in to hear Professors Chesney and Vladeck discuss and debate: The latest developments in the Impeachment Inquiry (including today's testimony from Ambassador Sondland). President Trump's decision to issue pardons to two soldiers facing murder charges and to restore rank to a Navy SEAL previously convicted for posing for pictures with a dead detainee. The Trump Administration's apparent decision to alter the longstanding U.S. position that Israeli settlements in occupied territory violate international law. The latest twist in the two Mazars subpoena cases, including the administrative stay issued by Chief Justice Roberts in of them. Attorney General Barr's barn-burner of a speech to the Federalist Society's National Convention, which offered a controversial take on an array of presidential power and national security law issues (including a surprise appearance by the Supreme Court's 2008 Boumediene decision (cast in the unlikely role of most-outrageous infringement of Article II powers decision ever). A district court decision in the Muthana case, resolving it on narrow factual grounds. From there, it's a pop culture spoiler fest, with reviews of the first episode of the new season of The Crown and the first two episodes of The Mandalorian. Hey, how about a cross-over between those shows???

Episode 143: We won an award?!? Nov 13, 2019

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When you are done watching the impeachment hearings and just can't take it anymore, it's time to open up a can of ... National Security Law Podcast! For your happy hour or other occasions, we've got a fresh episode. Tune in as Professors Chesney and Vladeck discuss and debate: Yesterday's SCOTUS argument in Hernandez (the cross-border shooting case, which Steve argued!) Alasaad v. Nielsen, in which a district judge rejects the government's position that the Fourth Amendment border exception applies with its usual force in relation to comprehensive searches of phones and other electronics at ports of entry. Key takeaway: there still is no *warrant* requirement, yet there is a requirement not only that there be reasonable suspicion but that said suspicion concern the presence of *contraband*--i.e., no fishing expeditions for other purposes. National Cupcake Day (Dec. 15) approaches...and with it, the sunset for a series of foreign-intelligence collection authorities (Lone Wolf, Roving Wiretap, Section 215, and USA Freedom Act CDRs) Rumor has it...that President Trump wants to can the IG for the IC on the ground that his handling of the Vindman complaint was not sufficiently loyal. Ugh. But make no mistake: Presidents can remove IGs if they want; they are not protected by for-cause limitations. Not impeachable if no ultimate follow-through? Sigh.

Episode 142: We’ve Got Company! Nov 09, 2019

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What fun! We recorded this one in front of a large live audience at the Annual Review of the Field conference run by the ABA Standing Committee on Law and National Security, and we did it as a joint podcast with our friends at ABA's National Security Law Today podcast: Elisa Poteat and Yvette Bourcicot! We covered: Islamic State detainees, included (but not limited to) the Beatles The approach of National Cupcake Day (a.k.a. December 15th, a.k.a. the date when several FISA surveillance and document-production authorities will sunset if Congress does not act) A review of three key Supreme Court cases that are pending this term (cross-border shootings and the Constitution, the Suspension Clause, and the President's power to remove independent agency heads) All that and more, but, alas, no frivolity this week! We just didn't have the time. But, don't worry we'll be twice as frivolous next week!

Episode 141: The House Has Voted to Authorize This Podcast Oct 30, 2019

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Granted, it's not Days of Future Past, but our episode 141 is still pretty good! This week, Professors Vladeck and Chesney discuss and debate: The al-Baghdadi raid (and misunderstandings about Congressional notification) A GTMO habeas decision in Abdulrazzaq Who will be the next Secretary of Homeland Security? Debating the authority of an Acting Secretary to alter the order of succession at slots #4 onward... Trumplandia & Impeachment: What to make of the decision to vote on authorizing the inquiry after all? And is anyone left waiting to be persuaded one way or the other? Frivolity, inevitably, covers the World Series (especially the controversy from Game 6), with some GoT for spice along the way!

Episode 140: We Almost Tried Hard! Oct 23, 2019

Show notes

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 in Trump v. Vance (regarding the President's claim of temporary immunity from criminal investigation), and a pair of important Supreme Court cert. grants (one involving the scope of the Suspension Clause, and the other giving rise to the possibility of a ruling undermining the constitutionality of the "independent" agency model (in which President's may not remove agency heads at will). But as always there is frivolity too, so stay to the end for a take on the new Star Wars trailer as well as NBA predictions!

Episode 139: Hello from Austin…Hall? Oct 17, 2019

Show notes

We recorded today before a live audience in Austin! Austin Hall, that is, on the campus of Harvard Law School! Special thanks to Matt Morris and the great students of the Harvard National Security & Law Association, and to all who attended! We certainly didn't lack for topics. Professors Vladeck and Chesney discussed and debated: The "Beatles" detainees: What are the hurdles to continued military detention of these two formerly-British Islamic State members who are now in U.S. custody in Iraq? Will courts assert jurisdiction? Would they find that IS is in the scope of the '01 AUMF and the NDAA FY'12? Is there still an armed conflict? And if they instead are prosecuted, what are the hurdles? What does pending litigation in the UK Supreme Court have to do with it all? Trumplandia: So much to discuss, including Giuliani's peremptory strike against testifying and the question of attorney-client privilege, the Mazars decision and Judge Rao's dissent, and much more. DHS roundup: Who is the acting secretary, who is not eligible to be so designated, and what's this about an administrative subpoena authority designed to help deal with botnets? Being in the greater Boston region, our frivolity had to be Boston-themed of course. So, tune in for a wicked and rambling run through of Boston-based movies, tv shows, and sports heroes. Better still, stay tuned after that so you can enjoy the extended audience Q&A session that followed it all!

Episode 138: “That’s Nobody’s Business But the Turks” Oct 09, 2019

Show notes

In addition to quoting They Might Be Giants lyrics, this week's episode features cohosts Bobby Chesney and Steve Vladeck taking on three big issues: The Impeachment Inquiry & the White House Counsel's Letter on Non-Cooperation President Trump's decision to abandon America's Kurdish allies and thus set in motion the potential release of thousands of Islamic State fighters A set of newly-declassified decisions by the FISC (and FISC-R) involving the latest round of Section 702 certification, including a finding that compliance problems at FBI (with respect to running US person queries of the 702 database) amounted, in the totality of the circumstances, to a Fourth Amendment violation. As for frivolity: the world of sportsball meshed with foreign relations as the NBA quivered in the face of a Beijing backlash, all triggered by a tweet from the Rockets' GM. "It is time for us all to decide who we are..."

Episode 137: Do Us a Favor Though Because This Podcast Has Been Through a Lot Sep 26, 2019

Show notes

So, you'll never guess what we're going to talk about in this week's episode. [Editor's note: Guys, you can't just say that and then put in no further details in these shownotes. Get back to work! Hello, are you there? Amateurs...]

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