The National Security Law Podcast

The National Security Law Podcast

www.nationalsecuritylawpodcast.com
Unpacking the Legal Issues Behind the Headlines


146: What’s In Your Wallet? A Subpoena!
Dec 4 • 50 min
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…
145: The Meh-mometer Is Stuck at Meh
Nov 26 • 57 min
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…
144: Lawful But Awful
Nov 20 • 63 min
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…
143: We won an award?!?
Nov 13 • 51 min
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…
142: We’ve Got Company!
Nov 9 • 53 min
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…
141: The House Has Voted to Authorize This Podcast
Oct 30 • 71 min
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…
140: We Almost Tried Hard!
Oct 23 • 36 min
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…
139: Hello from Austin…Hall?
Oct 17 • 102 min
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…
138: “That’s Nobody’s Business But the Turks”
Oct 9 • 53 min
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…
137: Do Us a Favor Though Because This Podcast Has Been Through a Lot
Sep 26 • 60 min
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…]
136: This Podcast Needs a Reboot!
Sep 18 • 58 min
And we’re back, with a lot of news to cover! Tune in for discussion and (respectful) debate with our cohosts, Professors Vladeck and Chesney, as the review: * Is it proper for the DNI to withhold from HPSCI a whisteblower complaint under the Intelligence…
135: Do You Hear the Podcast Sing
Sep 11 • 54 min
Tune in to the latest episode of the National Security Law Podcast as your co-hosts Professors Chesney and Vladeck discuss and debate: * On the 18th anniversary of the 9/11 attacks: which elements of current counterterrorism law and policy would have come…
134: A Very Brady Episode
Sep 4 • 52 min
And we are back with more discussion and debate of the latest national security legal news! Tune in for cohosts Steve Vladeck and Bobby Chesney as they take up: * Domestic terrorism and the questions such as (a) whether there ought to be a “designation”…
133: You Are “Hereby Ordered” To Listen To This Podcast
Aug 28 • 56 min
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 suppose. But voluntary cooperation is welcome,…
132: On the Way to Greenland!
Aug 20 • 51 min
And we are back with more debate and discussion concerning the latest national security and law news! In this week’s episode, co-hosts Bobby Chesney and Steve Vladeck explore: * The legal complexities that followed from the resignation of Sue Gordon as…
131: El Paso and Domestic Terrorism
Aug 6 • 65 min
This week’s episode features an extended discussion of domestic terrorism as a legal category and as a policy category, in light of the attack in El Paso. Among other aspects, we discuss: * Substantive criminal charging options at the state and federal…
130: In Case of Vacancy, Who Becomes Our Acting Podcast Host?
Jul 31 • 59 min
And we’re back with a new episode, with co-hosts Steve Vladeck and Bobby Chesney discussing and debating the latest national security law news (and, let’s face it, engaging in *lots* of digressions). This week we’ve got: * Succession-Fest: We go deep into…
129: This Is Quite the War Powers Podcast
Jul 24 • 75 min
This week on the National Security Law Podcast, with co-hosts Bobby Chesney and Steve Vladeck: * War Powers: Congressional testimony from the State Department’s Acting Legal Advisor confirms that the administration has placed AQIM on the list of…
128: Now Witness the Power of this Fully Armed and Operational [PCLOB]!
Jul 17 • 76 min
For our latest episode, we offer you NSL Podcast Mad Libs in lieu of show notes! We’re back after a __ [number]-week break, and there have been some ____ [noun] security law developments in the meantime! Professors ____ [full name of celebrity] and [full…
127: It’s Bobby Bonilla Day!
Jul 1 • 67 min
Welcome back to the National Security Law Podcast, where co-hosts Bobby Chesney and Steve Vladeck cross-swords with courtesy and nerdistry while reviewing the latest national security legal news (along with a healthy does of frivolity at the end…and…
126: Sometimes, “Nothing” Is Important
Jun 26 • 80 min
We are back with the latest in national security legal developments, with Professors Chesney and Vladeck agreeing where they can and arguing respectfully (and, let’s face it, nerdishly) where they can’t. On tap this week: * Military Detention and the…
125: Worst of Both Worlds
Jun 18 • 55 min
We are back with the latest national security law news, with your co-hosts Steve Vladeck and Bobby Chesney explaining, debating, and–let’s face it–geeking out. This week we’ve got: * War Powers: The latest events in the simmering situation with Iran, and…
124: Who’s Ron Swanson?!?
Jun 13 • 67 min
And we are back, after a one-week hiatus, with loads of national security law debate and discussion, not to mention some Grade B frivolity! On tap for Professors Vladeck and Chesney: * Detention of Enemy Combatants: Assessing the significance of the…
123: Our Gym Was Named for the Espionage Act Guy???
May 28 • 68 min
In a final episode before taking a one-week travel break, co-hosts Bobby Chesney and Steve Vladeck discuss and debate an array of recent national security law developments including: * Assange & the Espionage Act: DOJ has unsealed a superseding indictment…
122: That Didn’t Fly for Buchanan…
May 21 • 84 min
In this week’s episode, Professors Vladeck and Chesney discuss and debate: * The district court ruling in Trump v. Committee on Oversight, in which the court rejects an attempt to quash a subpoena directed at an accounting firm that handled work for…
121: The Persian Gulf of Tonkin
May 15 • 73 min
In this week’s episode, Steve Vladeck and Bobby Chesney debate and discuss the latest national security legal news, including: * Iran – The prospect of some form of armed conflict with Iran, and the various legal issues this raises. Among other things, we…
120: Bran, Bron, What’s the Difference?
May 7 • 60 min
And we’re back! Tune in as Professors Chesney and Vladeck discuss and debate the latest national security legal news, including: * The legal framework for Congressional subpoenas (and the problems that arise when the Executive Branch is not inclined to…
119: This Podcast Is Dark and Full of Spoilers
Apr 30 • 81 min
After a one-week hiatus, the NSL Podcast is back! Tune in for debate and discussion as Professors Vladeck and Chesney talk about: * The Mueller Report and its aftermath * Impeachment vs Censure * The Trump Subpoena litigation * The summary judgment…
118: Steve Targaryen, First of His Name
Apr 17 • 66 min
This week we debate three timely topics: * Al Nashiri Part 7,146: the D.C. Circuit has issued a unanimous ruling slamming former Judge Spath for failing to disclose a manifest conflict of interest, slamming pretty much everyone else involved in the…
117: Y’all Got Designated
Apr 13 • 65 min
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 the pun!) to give us plenty to discuss. Tune in…
116: This Podcast Can Only Be Detained for Six Months
Apr 2 • 73 min
Join us as Professors Vladeck and Chesney discuss and debate the latest national security law news! This week we’ve got: * The Adham Hassoun case: Can the government hold a terrorism-related individual in long-term immigration custody after he completes a…
115: This Podcast Does Not Have a Grandparent Born in Ireland
Mar 25 • 68 min
We are back after a spring break hiatus, and we do not lack for things to discuss and debate in the wide world of national security law. Tune in for: * What we can make of the Mueller Report and the Barr Letter at this point * Whether the president is…
114: Manafortnite
Mar 13 • 86 min
This week’s show features debate and discussion between co-hosts Professors Steve Vladeck and Bobby Chesney regarding: * Paul Manafort: comparing his first and second federal sentences, and the timing of the new New York State charges * Yemen: Congress…
113 – 702 : Madison :: 215 : Hamilton
Mar 6 • 73 min
So much to debate, so little time! Tune in as Steve Vladeck and Bobby Chesney plow through a host of recent (and not-so-recent) events in the world of national security law: * Fazaga v. FBI – an important 9th Circuit decision on the interaction between…
112: And the Oscar Goes To…NSL Podcast!
Feb 26 • 79 min
The Oscars may not have a host, but we do! Tune in to our latest episode as co-hosts Steve Vladeck and Bobby Chesney debate a wide range of national security developments from the past week, including: * May “ISIS bride” Hoda Muthana return to the United…
111: This National Emergency Podcast Requires the Use of the Armed Forces
Feb 19 • 73 min
Ready to dive deep, way deep, into the president’s national emergency declaration and the resulting lawsuits? We’ve got you covered. Tune in as Professors Vladeck and Chesney tease out and debate the nuances. Along the way, enjoy updates on three…
110: This Podcast Is Not Subject to Military Jurisdiction
Feb 12 • 68 min
Your favorite weekly show combining serious debate about the latest national security legal developments with a healthy dose of frivolity is back! [ed. note: this is the only show like that, so you should delete the awkward bit where you claim this is…
109: The State of the Podcast Is Strong!
Feb 6 • 55 min
This week on the National Security Law Podcast, we’ve got: * A heavy pace of airstrikes against al Shabaab targets in Somalia * Ruminations on declining media attention (and the prospect of a sharper dropoff soon) to things relating to GTMO * A 15-year…
108: Is It Arnold Palmer or Iced Tea-Lemonade?
Jan 30 • 79 min
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 W. Reagan…
107: Clearly Right, Once Again
Jan 22 • 70 min
Welcome back to the National Security Law Podcast! Where else can you get both a preview of a looming surveillance law debate *and* a fine-grained debate about how best for the NFL to address blown calls? Well, maybe there’s no market for that…but here we…
106: Schools Out For Summer
Jan 14 • 74 min
This week on the National Security Law Podcast, co-hosts Bobby Chesney and Steve Vladeck are joined by Michel Paradis (lead counsel for the defense in the al-Nashiri military commission case) and Captain Brian Mizer (learned counsel for the defense in…
105: That Doesn’t Mean You Do It Stupid!
Jan 7 • 89 min
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 of the year. We’ve got: * Syria withdrawal: We…
104: This Podcast Is a State Secret
Dec 18, 2018 • 65 min
Deep-dive alert! That’s right, we are closing out 2018 with a deep-dive episode on the State Secrets Privilege. From Totten to Reynolds and on to the present day, you’ll want to tune in for this hour-long exploration of the nature, history, and issues…
103: This Podcast Should Be Dis-BARRed
Dec 11, 2018 • 77 min
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 his oral history so you don’t have to, along with…
102: This Podcast Is Bowl-Eligible
Dec 5, 2018 • 60 min
It’s the most wonderful time of the year! Or at least it’s the most wonderful time of the week, for we’ve just posted the latest episode of National Security Law Podcast! Tune in for: * Military Commissions — Things are coming to a head in the al-Nashiri…
101: “To me, [this podcast] is perfect”
Nov 27, 2018 • 68 min
And we’re back, full of turkey and much else besides! We hope you all had a restful and grateful Thanksgiving (or, for our non-American listeners, that you had a wonderful ordinary work week), and are fired up for more national security legal analysis.…
100! Trumplandia: If I Did It…
Nov 14, 2018 • 79 min
It finally happened: a live episode, on the occasion of our 100th episode! Today we recorded at American University Washington College of Law thanks to the good offices of our friend–and co-host this week–Prof. Jen Daskal. It was a great crowd, and full…
99: The Deepest Dive: Surveillance, Section 702, and Section 215
Nov 6, 2018 • 82 min
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 this week? * Section 702,…
98: That’s What Leadership Looks Like
Oct 30, 2018 • 74 min
In today’s episode we take a break from our deep-dive series on the Foreign Intelligence Surveillance Act in order to reengage with the weekly inflow of national security law news. We had no choice, really, for one our sustaining members–Doe v. Mattis–saw…
97: FISA Part Deux (A Deeper Dive)
Oct 26, 2018 • 68 min
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 up the thread with two…
96: A Deep Dive into…the Foreign Intelligence Surveillance Act
Oct 25, 2018 • 58 min
Welcome to part 1 of a 2-part deep-dive series concerning FISA! In this episode, Professors Chesney and Vladeck begin with the history and context leading up to the creation of the Foreign Intelligence Surveillance Act of 1978, and then explain the…
95: Not Everybody Be DPH’ing!
Oct 16, 2018 • 62 min
Welcome to the latest episode of the National Security Law Podcast! We’re back with our usual mix of discussion and debate about the most-interesting legal developments relating to national security over the past week. And while most such episodes survey…
94: The Enemy of My Friend Is My Enemy
Oct 10, 2018 • 61 min
It’s a late-night, mid-week episode of the National Security Law Podcast! We’ve got: * Senator Kaine’s letter to DOD raising questions about the theory of collective self-defense as applied in the domestic law context, in relation to the AUMF and Article…
93: Is This a Buddy Podcast?
Oct 2, 2018 • 54 min
Spotted: A rare episode of the National Security Law Podcast clocking in at under one hour! And yet there was much to discuss, including: * T-Shirts!!!! At long last, the much-anticipated NSL Podcast t-shirts are for sale. All profits go to charity (ALS…
92: Have Fun Storming the Castle!
Sep 25, 2018 • 75 min
And we’re back! Tonight’s episode features: * SCOTUS preview: though many have missed it, SCOTUS is in fact back in session very soon, and we have a preview of security-related petitions and some early grants as well. * Trumplandia: Well, Rod Rosenstein…
91: A Deep Dive Into the History of Military Commissions
Sep 18, 2018 • 88 min
There’s no shortage of news this week, but comparatively little of it is national security law news, and so we are back with a fresh deep dive episode. For better or worse, it’s our longest episode yet (topping out a bit over 1:20). So find a comfy spot,…
90: What’d I Miss?
Sep 12, 2018 • 72 min
Well, would you look at that: your hosts are back in town at the same time at last, and they’ve got a fresh episode covering some of the major national security legal developments of the past couple of weeks! We’ve got: * A Doe v. Mattis update, naturally…
89: A Deep Dive into the Steel Seizure Case (Youngstown Sheet & Tube v. Sawyer)
Sep 4, 2018 • 73 min
And we are back…with a second-consecutive deep-dive episode. This week, Professors Chesney and Vladeck explore the iconic 1952 decision of the Supreme Court in Youngstown Sheet & Tube Co. v. Sawyer, better known as the “Steel Seizure Case.” It’s an…
88: A Deep Dive into the Anwar al-Awlaki Case(s)
Aug 28, 2018 • 71 min
We are back this week with a new “deep dive” episode, this time focused on the issues raised by the U.S. government’s use of lethal force against Anwar al-Awlaki–a U.S. citizen who became a key figure associated with al Qaeda in the Arabian Peninsula.…
87: The D.C. Circuit Ain’t Inquorate
Aug 21, 2018 • 67 min
And we’re back, with much to discuss in the wacky world of national security law. Join Professors Steve Vladeck and Bobby Chesney as they wrestle with: * A *huge* ruling by Judge Pohl in the Military Commission 9/11 prosecution, barring the government…
86: This Episode Was Not Recorded in the Situation Room!
Aug 14, 2018 • 68 min
We are back with review and analysis of the latest national security law developments, hot on the heels of last week’s deep-dive episode. We’ll have another deep dive soon, but for now it’s back to some old chestnuts. We’ve got: * Doe v. Mattis — another…
85: Party Like It’s June 28, 2004!
Aug 7, 2018 • 74 min
It had to happen sooner or later: an actual slow week for national security law! Ugh! Well, time to make lemonade from the lemons. A slow week in NSL news means that we can take a run at a format that we originally expected to be a mainstay for the show:…
84: Happily, We Found Someone Who Knows What They’re Talking About!
Aug 1, 2018 • 82 min
We are very excited to have a special guest this week: the one and only Amy Jeffress! Join us as Amy, Steve, and Bobby discuss: * The cyber provisions in the just-passed NDAA * Doe v. Mattis (of course!) * The Mueller investigation * Rudy and the…
83: [Steve] Is the Kiss of Death
Jul 25, 2018 • 71 min
Welcome to the latest National Security Law Podcast episode. Though Steve and Bobby both have been moonlighting (here is Steve on the Lawfare Podcast and here’s Bobby on the Cyber Law Podcast), there’s no place like home, and both are back in the studio…
82: Helsinki…Sweden!
Jul 17, 2018 • 77 min
Another busy week for the National Security Law Podcast! Buckle up for: * “The Press Conference” and its aftermath – Your co-hosts agree that it was a fiasco, but they disagree sharply on whether administration officials should resign because of it. Tune…
81: The Road to 10,000
Jul 9, 2018 • 72 min
We’re back after a one-week layoff! No SCOTUS announcement yet, alas, but we do have this to offer: * Doe v. Mattis and the upcoming hearing on the government’s plan to release Doe in Syria * The military commissions and the retirement of Judge Spath *…
Ep.80: SCOTUS-palooza
Jun 27, 2018 • 80 min
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 consequences of Kennedy’s retirement for…
79: It’s a Girl!
Jun 20, 2018 • 79 min
Before getting into the run of this week’s show: Congratulations to Steve and Karen on the birth of their daughter!!! Meanwhile, in the wild wacky world of national security law, what a week it was. We’ve got: * Zaidan v. Trump – a remarkable district…
78: Live from Singapore, Malaysia (?!?)
Jun 12, 2018 • 76 min
Ok, Steve and Bobby are not actually in Singapore (we sent Dennis Rodman instead). As usual, they’re up on the 6th floor at Texas Law, bringing you the following this week: * Doe v. Mattis – Because we can’t go a week without some fascinating development…
77: Pardon Me?
Jun 5, 2018 • 77 min
Hello friends, and welcome back to the latest episode! Last week was a bit quiet, but things are heating up. This week we review and debate: * War Powers: This week saw the release of the Office of Legal Counsel’s memorandum on the U.S. airstrikes on…
76: The Valley of Ignorance
May 30, 2018 • 57 min
This week on the show: * Another big win for FBI & DOJ in a terrorism prosecution, as a Maryland man gets 35 years for going to Somalia and becoming an unprivileged participant in hostilities for al Shabaab. * Speaking of DOJ wins: they also picked up a…
75: I Hereby Demand, & Tomorrow Will Officially Order, That You Listen to This Podcast
May 22, 2018 • 70 min
Never a slow week in this business… This week we’ve got breakdowns and debates over some familiar topics: * Military Commissions: The convoluted proceedings in the al-Nashiri prosecution became a bit less tangled this week, as the government backed off…
74: We’re Spending It On Barbecue!
May 15, 2018 • 71 min
Spring classes may be over, but national security legal news hasn’t slowed down one bit. This week, Professors Chesney and Vladeck wrestle with the following: * The D.C. Circuit ruling in Doe v. Mattis (forbidding the government from transferring him…
73: The Penumbras of the Category
May 8, 2018 • 73 min
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 Doe over to Saudi Arabia.…
72: This Podcast Was Recorded Before, On, or After 9/11
May 1, 2018 • 69 min
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 9/11 co-conspirator based on…
71: Everyone Knows It Is Saudi Arabia!!!
Apr 24, 2018 • 73 min
We have much to discuss in the world of national security and law this week, including but not limited to the worst-kept secret in the world. And we have some grade-A frivolity if you are able to stay tuned to the end. To wit: * Doe v. Mattis and the…
(Bonus Episode) Ep.70: The Corker-Kaine AUMF
Apr 17, 2018 • 54 min
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 review and debate. * Meanwhile, Doe v. Mattis has…
69: Friday Was Quite a Month
Apr 16, 2018 • 70 min
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 international law framework implicated by the US/UK/FR airstrikes on…
68: This Podcast Is Not Protected by the Attorney-Client Privilege
Apr 10, 2018 • 70 min
Welcome to episode 68! On tap for this week: * Tom Bossert is out, and Michael Cohen is in trouble. We’ll talk mostly about the latter, with an emphasis on the way that attorney-client privilege law and procedure interacts with search warrants. * Fresh…
67: CTRL-F Redaction Fail
Apr 3, 2018 • 67 min
Welcome back to the National Security Law Podcast! This week, Professors Vladeck and Chesney review the following recent developments: * A drone strike against AQIM targets in southwestern Libya: What if anything does this tell us about the Trump…
66: Can You DIG It?
Mar 27, 2018 • 64 min
Welcome back for another episode of the National Security Law Podcast, with Professors Steve Vladeck and Bobby Chesney. It has been another not-at-all slow week. On tap for today: * The CLOUD Act: It’s now the law of the land. We will go into the law’s…
65: Caging a Tiger
Mar 21, 2018 • 63 min
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 of Secretary Mattis…
64: Beware the Ides of CFIUS!
Mar 15, 2018 • 64 min
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 with the news if we wait till next week (and we are…
63: Mueller Is the Only Vulcan in the Room
Mar 12, 2018 • 60 min
Out on spring break but still listening to the podcast? We love it! Actually, your hosts Professors Chesney and Vladeck are out on spring break too, but before they left town they sat down to record episode 63 on Friday March 9th. If things have gone…
62: Wait–We Have to Talk About GATT?!?
Mar 5, 2018 • 57 min
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 you to listen, we don’t know what is. Ahem…. Let’s try that again. On…
61: Judge Pohl Says: “Hold My Beer”
Feb 27, 2018 • 68 min
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 Supreme Court developments, including action relating to DACA,…
60: TL;DL – This Is Why We Can’t Have Nice Things
Feb 21, 2018 • 75 min
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: * The Supreme Court’s decision in Rubin v.…
59: Share the Cookies
Feb 13, 2018 • 61 min
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, what comes next? Your hosts review the order of…
58: Is It Treason Not to Clap For This Podcast?
Feb 6, 2018 • 64 min
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 and Chesney cover four…
57: About that #Mehmo (Special Edition on the Nunes Memo Release)
Feb 2, 2018 • 43 min
President Trump has declassified the Nunes Memo and it now is available to the public. Your hosts–Professors Bobby Chesney and Steve Vladeck–give it a deep-dive review here in a special-edition podcast episode. Tune in to hear them discuss: * whether…
56: The State of the Uniom Is…ExStravagant!
Jan 30, 2018 • 70 min
You might not want to watch the State of the Union tonight, but don’t miss this episode of the podcast! This week we cover: * The missing Russia sanctions? A statute enacted last summer appears at first blush to require the Trump administration to…
55: #ReleaseThePodcast
Jan 23, 2018 • 59 min
Happy anniversary, y’all! It’s been one full year since we launched this podcast, and we are very grateful for all our listeners. Here’s hoping there is *less* to discuss in our second year! This week, we’ve got: * The FISA Amendments Reform Act: How…
Ep. 54: Family Ties or Family Matters?
Jan 17, 2018 • 66 min
And we’re back, with another weekly dose of national security legal news and analysis. Fresh off the stove this week we have: * Dalmazzi – Steve is just returned from his first Supreme Court argument, in the Dalmazzi litigation regarding whether military…
53: Tanks, Bombs, Bombs, and Guns
Jan 9, 2018 • 76 min
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 has permitted the ACLU to…
52: Trump Derangement Syndrome or a Distraction from the Forever War?
Jan 3, 2018 • 76 min
Merry New Year! 2018 is underway, but in today’s episode we are looking back at 2017. More specifically, we are looking back to predictions made in early 2017 regarding the changes President Trump surely would be making to certain executive orders and…
51: Temporary, Immediate, and Unmonitored Access to this Podcast
Dec 27, 2017 • 67 min
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 podcast! So, you’ve got that going for you, which is nice… Four topics…
50: The Big Chill
Dec 19, 2017 • 54 min
Are your other podcasts letting you down by taking a holiday break? Never fear, National Security Law Podcast is here! With two host who would much rather be podcasting than grading exams, you are assured of an uninterrupted holiday stream of national…
49: Around the Horn With Interrogation, Detention, Prosecution, and Targeting
Dec 12, 2017 • 66 min
In this week’s episode, Professors Steve Vladeck and Bobby Chesney pick up the thread on a handful of familiar issues, and introduce a few new ones as well. * Interrogation: Their first topic is a blend, actually: the case of Akayed Ullah, who attempted…
48: The Logan Act: Not Just Another Hugh Jackman Movie
Dec 5, 2017 • 66 min
In this week’s episode, Professors Chesney and Vladeck catch up with a number of 2017’s most-persistent national security law sagas. For starters, there’s the indictment and plea agreement of Michael Flynn. What does the charge signify, and what does this…
47: Donuts and Depth Charges
Nov 28, 2017 • 64 min
And…they’re back! Fresh off of Thanksgiving, Professors Chesney and Vladeck are (all too) fired up to discuss the latest national security law news (not to mention a bunch of stuff that just isn’t relevant to this (or any decent) podcast). This week some…
46: The $15 Million Dollar Man
Nov 15, 2017 • 61 min
In this week’s episode, your devoted hosts dig into a bonanza of national security law odds-and-ends. First up is an en banc decision by the Foreign Intelligence Surveillance Court of Review involving the standing of the ACLU and the Yale Media Freedom…
45: An Inter-Jurisdictional Cluster-You-Know-What?
Nov 7, 2017 • 54 min
Has it only been a week? Yeesh. Well, we are back! In this episode, Professors Vladeck and Chesney focus on three topics: * The Mueller investigation and the prospect that Mike Flynn may be charged under the Foreign Agents Registration Act. * The…
44: Interrogation, Prosecution, and Detention Issues in the Wake of the NYC Attack
Nov 1, 2017 • 42 min
We are back, one day after dropping episode 43, with an emergency podcast discussion the legal consequences of the horrific attack that occurred in New York City yesterday. The need for the podcast flows from the President Trump’s statements to the press…
43: Unseal this Podcast!
Oct 31, 2017 • 54 min
It’s been a busy week in national security law! In Episode 43, Professors Chesney and Vladeck take on: * Mueller-Time: Indictments against Manafort and Gates, and an even-more important plea deal. * ACLU v. Mattis and the government’s filing in opposition…
42: The Magic Bullet Travel Ban(d)
Oct 24, 2017 • 52 min
This week Professors Chesney and Vladeck start with a close look at Smith v. Trump, a case that seeks a judicial ruling on whether the Islamic State really falls within the scope of the 2001 AUMF. The case presents standing and political-question doctrine…
41: Han Shot First
Oct 17, 2017 • 57 min
If you were unsure about whether your hosts are geeks, this episode will help settle the question. But before we get to what Professors Chesney and Vladeck think they know but don’t really, here’s the stuff they actually do know something about! First,…
40: It’s a Conspiracy
Oct 10, 2017 • 47 min
In this week’s episode, Professors Chesney and Vladeck zero in on four recent developments involving law and national security. First, they explore the Supreme Court’s decision not to review the splintered decision of the en banc D.C. Circuit in Bahlul…
39: It Is More Likely Than Not That Our FARRA Discussion Will Bore You
Oct 4, 2017 • 60 min
If you have ever wondered what statutes, constitutional principles, and judicial precedents come into play when the U.S. government contemplates transferring an American citizen from our military custody to the custody of another government, this is the…
38: How Did We Get Through This One Without Saying “Posse Comitatus”?
Sep 27, 2017 • 61 min
Seriously, how did they manage not to say “posse comitatus” during this episode? Sigh. In this week’s episode, Professors Vladeck and Chesney do talk at length about various legal issues raised by the devastation in Puerto Rico, including the possibility…
37: Enemy Combatants, Agents of Foreign Powers
Sep 19, 2017 • 53 min
In this week’s episode, Professors Chesney and Vladeck explore three big national security law developments from the past few days. First up: the news that the FISC, on two separate occasions, issued orders authorizing surveillance of Paul Manafort’s…
36: NSA General Counsel Glenn Gerstell on Section 702
Sep 14, 2017 • 56 min
We have a special treat in this off-cycle episode! NSA GC Glenn Gerstell is in Austin to speak to our students here at UT, and (no doubt against his better judgment) he agreed to sit for an interview with Professors Chesney and Vladeck. The conversation…
35: Will This Be the Year of Military Courts at the Supreme Court?
Sep 12, 2017 • 64 min
Will this year’s Supreme Court term be packed with cases relating to military courts? In this week’s show, Professors Chesney and Vladeck explore the possibility. The Supreme Court currently has before it an array of petitions for review involving…
34: January 2019 as the Start of the 9/11 Trial: Over/Under?
Sep 5, 2017 • 55 min
In today’s episode, Professors Chesney and Vladeck spend time with three legal topics (before spiraling off into some ill-informed commentary on the college football season). First, building off a report that FBI arrests of Islamic State supporters inside…
33: How About a Presidential Pardon…For This Episode
Aug 30, 2017 • 58 min
In this week’s episode, Professors Chesney and Vladeck take advantage of a relatively quiet week for national security law developments in order to range across a number of topics. Being in Texas, we are all quite focused on the terrible tragedy unfolding…
32: Back to the Future…of Afghanistan and GTMO?
Aug 22, 2017 • 52 min
Never a dull moment in 2017. In this week’s episode, Professors Vladeck and Chesney take on four topics (well, four relevant topics…do try to stay with them past their musings on home runs at the Little League World Series). First, they unpack the part of…
31: We Were Not Mirandized Until Halfway Through This Podcast
Aug 16, 2017 • 74 min
In this week’s episode, Professors Chesney and Vladeck make a whole series of blatantly un-Mirandized statements about some of the latest national security law developments. First, they take up a number of questions relating to the events in…
30: Don’t Pop the Accountability Champagne Quite Yet
Aug 8, 2017 • 64 min
In this bizarrely-titled episode (ok, they pretty much all have bizarre titles, Professors Vladeck and Chesney take on four national security law developments from the past week. First, they explore the district court ruling in Salim v. Mitchell, in which…
29: Military Commissions, Military Officers in the Cabinet, the Laws of War, and More
Aug 1, 2017 • 60 min
This week’s episode certainly has a military theme. Professors Chesney and Vladeck start off with a surprisingly (or is it disturbingly?) lengthy discussion of the writ of mandamus litigation currently pending in the D.C. Circuit Court of Appeals in…
28: The North Remembers…the Federal Vacancies Reform Act of 1998???
Jul 25, 2017 • 57 min
In this week’s episode, Professors Chesney and Vladeck focus on two subjects: the extradition of Ali Damache and what it might portend for Trump administration counterterrorism policy, and the slate of issues surrounding the potential removal of Attorney…
27: The AUMF: All You Ever Wanted to Know (and Plenty You Didn’t)
Jul 17, 2017 • 79 min
Want a thorough backgrounder on the 2001 Authorization for Use of Military Force? This is the episode for you. (This also is the episode for you if what you want, instead, is an hour of legal blather followed by five minutes of speculation about Season 7…
26: The Impenetrable Podcast Unit
Jul 11, 2017 • 72 min
In today’s episode, Professors Chesney and Vladeck focus on three sets of issues. First, they explore the D.C. Circuit’s June 30th ruling in Jaber v. United States, in which the court on political question grounds affirmed dismissal of a suit seeking…
25: So Much National Security Law News…We’ve Reached Our Limitrophe
Jun 28, 2017 • 70 min
Had you seen the word “limitrophe” before Justice Breyer used it in his dissent in Herndandez v. Mesa? Neither had Professors Vladeck and Chesney, but that doesn’t stop them from exploring the Supreme Court’s action in that cross-border shooting case,…
24: An AUMF for Westeros?
Jun 20, 2017 • 75 min
In today’s episode, Professors Chesney and Vladeck discuss the Supreme Court’s decision in Ziglar v. Abbasi in more detail than you could possibly want. What’s that one even about, you ask?Damages for alleged violations of the Constitution arising out of…
23: She Could Be the Ruckelshaus to Rosenstein’s Richardson
Jun 13, 2017 • 63 min
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 (hint: they weren’t), (2)…
22: A Dose of Reality
Jun 6, 2017 • 67 min
In this episode, Professors Chesney and Vladeck have a full plate. The arrest of a contractor named Reality Winner (for having stolen classified information relating to Russian efforts to hack a voting-machine system and providing that information to the…
21: A Military Commissions Deep Dive
May 31, 2017 • 34 min
This episode is a bit different than normal. Instead of tearing through the latest developments in the wide world of national security law, Professors Vladeck and Chesney instead provide a deep-dive overview of military commissions. The explain what that…
20: The Executive Branch’s Terrible, Horrible, No Good Very Bad Week in Court
May 25, 2017 • 37 min
It has only been a few days since Episode 19, but Steve and Bobby are worried that fellow national security law geeks won’t have enough @nslpodcast to enjoy during long Memorial Day Weekend roadtrips. That, plus they want to make sure you are up to speed…
19: Inherent Contempt Works Better With a Congressional Jail
May 22, 2017 • 45 min
School’s out for summer…but the National Security Law Podcast keeps trucking along. In Episode 19, we find that the suddenly-student-less professors have used their newfound free time to…wait for it…add music to their intro. And just in case that brief…
18: Disclosing Secrets to the Russians Makes Me WannaCry
May 15, 2017 • 56 min
The guys came back to the office tonight for a rare evening recording session, inspired by a combination of hot-off-the-presses news about the president talking out of turn to the Russians, lack of interest in the Wizards-Celtics game, and a general…
17: On the Firing of Jim Comey
May 10, 2017 • 33 min
Yes Episode 16 just dropped yesterday, but given the firing of Jim Comey we felt duty bound to get back to the microphones ASAP. And so here you will find Bobby and Steve reviewing and debating the legal and policy backdrop to, and fallout, from…
16: Authorizing Force Against the Islamic State
May 9, 2017 • 61 min
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 State while also tweaking current…
15: Skirmishes in the Surveillance Wars
May 3, 2017 • 55 min
In this surveillance-heavy episode, Professors Chesney and Vladeck dig into a raft of news about foreign-intelligence collection authorities. They open with an overview of how Section 702 collection authority works, and then unpack the recent news that…
14: Potential Assange Charges, and More From Some Island in the Pacific
Apr 25, 2017 • 52 min
In this episode, Professors Chesney and Vladeck run through the array of potential criminal charges against Julian Assange and Wikileaks (in light of recent rumblings that DOJ has revived that possibility), and they discuss the prospects for the First…
13: This Podcast Did Not Go Through the VEP But We Are Releasing It Anyway
Apr 19, 2017 • 44 min
Listeners who are tired of listening to just Professors Vladeck and Chesney on this show can take heart! This week they are joined by special guest Matt Tait, better known online as Pwn All the Things. Matt’s presence leads to an extended discussion of…
12: R2P From Above? The Shayrat Airfield Strike and More
Apr 11, 2017 • 63 min
In this episode, Professors Chesney and Vladeck go deep into the weeds regarding the legal issues raised by President Trump’s decision to launch missiles at the Shayrat Airfield in Syria, in the wake of the sarin gas attack in Idlib. They discuss that…
11: All of This Has Happened Before, and Will Happen Again
Apr 5, 2017 • 60 min
In today’s episode, Professors Vladeck and Chesney come to grips yet again with surveillance law and policy issues thanks to the ever-fascinating Trump/Russia story, this time accounting for the President’s accusation that then-National Security Advisor…
10: Is This Podcast Cert-Worthy?
Mar 29, 2017 • 59 min
In this hour-long episode, Professors Steve Vladeck and Bobby Chesney open by unpacking the ins-and-outs of two Guantanamo military commissions cases currently seeking Supreme Court review: the al-Nashiri case (which could give the Court a chance to…
9: [USperson 1] and [USperson 2] Discuss [Redacted]
Mar 24, 2017 • 52 min
In this episode, [USperson 1] and [USperson 2] discuss whether the law was violated by [USperson 3] when [he/she] spoke to [USpersons 4-17] about alleged surveillance of [USperson 18] or perhaps various [USpersons] working for [USperson 18]’s campaign.…
8: March Madness
Mar 17, 2017 • 58 min
Episode 8 (about 58 minutes long) finds Professors Vladeck and Chesney discussing the legal, policy, and institutional issues raised by reports that President Trump has authorized CIA to resume control of drone operations in some circumstances, and that…
7: The Less Prep the Better
Mar 8, 2017 • 49 min
In this episode, Professors Chesney and Vladeck live up to their new motto (see the episode title) by wading into the confusion surrounding a pair of recent presidential claims with significant national security law implications: President Trump’s claim…
6: A Sessions Session
Mar 2, 2017 • 39 min
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?…
5: Does this Podcast Apply Extraterritorially?
Feb 21, 2017 • 46 min
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…
4: A New Hope
Feb 15, 2017 • 38 min
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…
3: Sometimes an Executive Order Is Really Just…An Invitation to Talk about AUMFs and Habeas Corpus
Feb 8, 2017 • 38 min
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…
2: If You Thought That Last Executive Order Was Controversial…
Jan 31, 2017 • 31 min
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…
1: What the World Needs Now Is a New Podcast
Jan 25, 2017 • 37 min
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…