The National Security Law Podcast - Bobby Chesney and Steve Vladeck

Latest Episodes:

Episode 6: A Sessions Session Mar 02, 2017

Show notes

In this episode, Professors Vladeck and Chesney get into the weeds of the controversy surrounding the statements Attorney General Sessions made during his confirmation process concerning contacts with Russians. Is there a credible case for perjury here? They don't seem to agree, but you'll have to listen to find out where they part ways. They also foreshadow future discussions regarding the debate that will occur this year regarding "Section 702" renewal, as well as the Privacy and Civil Liberties Oversight Board. As usual, things come apart at the end, especially when Game of Thrones enters the picture.

Episode 5: Does this Podcast Apply Extraterritorially? Feb 21, 2017

Show notes

In this episode, Professors Chesney and Vladeck consider whether the Supreme Court is poised to use a border-shooting case (Hernandez v. Mesa) to expand Fourth or Fifth Amendment rights for non-citizens outside the United States, and what this might mean for other scenarios ranging from drone strikes to SIGINT collection and network investigative techniques the FBI might use with overseas effect. They then turn their attention to the fight against the Islamic State in Mosul, exploring the evolving role of U.S. ground forces there. Next, they provide a detailed update on four sets of cases involving the military commission system. Finally, they spiral out of control (and coherence) with their views on how to improve the NBA all-star game. Seriously, guys?

Episode 4: A New Hope Feb 16, 2017

Show notes

In this episode, Professors Vladeck and Chesney come to grips with a number of legal issues raised by the Mike Flynn story. What the heck is the Logan Act and was it perhaps violated? What about the possibility of a charge for making false statements to the FBI? Was the underlying surveillance lawful? Were minimization rules violated? What about the folks who leaked the story? After all that, the conversation swerves into a preview of the Hernandez case (which will be argued at the Supreme Court next Tuesday and presents questions about the application of the Fourth and Fifth Amendments to non-citizens outside the United States, inter alia) and a discussion of what might happen soon with respect to the Periodic Review Board process for Guantanamo detainees. At that point, the conversation goes entirely off the rails as the guys turn their attention to fantasy baseball...

Episode 3: Sometimes an Executive Order Is Really Just…An Invitation to Talk about AUMFs and Habeas Corpus Feb 09, 2017

Show notes

In this episode, Professors Chesney and Vladeck dive deep into the latest iteration of the Trump Administration’s draft executive order on military detention, Guantanamo, and the Islamic State, a task that leads them into an extended discussion of: the legal consequences of bringing an Islamic State detainee to GTMO, the geographic reach of habeas corpus, the fuzzy caselaw on military detention applied to American citizens, and irrelevant thoughts on the greatness of the San Antonio Spurs and the sadness of Manchester By the Sea.

Episode 2: If You Thought That Last Executive Order Was Controversial… Jan 31, 2017

Show notes

In this episode, Professors Vladeck and Chesney focus on two major developments: the Trump Administration’s sudden decision to suspend entry into the United States for persons hailing from seven countries, and a rare boots-on-the-ground raid conducted by U.S. Special Operations Forces against an AQAP compound in Yemen. They close by offering worthless Super Bowl predictions.

Episode 1: What the World Needs Now Is a New Podcast Jan 25, 2017

Show notes

In the first episode, Professors Bobby Chesney and Steve Vladeck walk listeners through some of the key issues raised by an alleged draft executive order on interrogation, detention, and prosecution of terrorism suspects. They also find time to speculate about the playoff prospects of the New York Mets.

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The National Security Law Podcast – Bobby Chesney and Steve Vladeck

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