The National Security Law Podcast

Hello friends!  We're back with a new episode. Tune in as Professor Steve Vladeck and Dean Bobby Chesney chat about (1) the fate of Twitter, (2) the national security implications of the election results, (3) a just-released 2016 NSA IG report, (4) the latest GTMO transfer, (5) Bobby's just-published Harvard Law Review piece (concerning two SCOTUS cases last year which touched on the state secrets privilege), (6) Steve's brand-new substack newsletter--One First--exploring all things SCOTUS, and (7) House of the Dragon.

So, it's been a while...but we're back!  And it's time to buy Steve's book on the Supreme Court's Shadow Docket: tinyurl.com/shadowdocket Meanwhile, in today's episode, we'll review the ongoing Mar-a-Lago documents litigation, the Jan. 6 Committee's subpoena to ex-president Donald Trump, the Biden Administration's new policy memorandum on lethal force outside areas of active hostilities, the Justice Department's new update to its state secrets privilege process policy, the new executive order on handling of EU citizen data in the context of American intelligence gathering, Steve's latest litigation developments, and did we mention you can pre-order Steve's book at tinyurl.com/shadowdocket???  Or at Amazon: https://www.amazon.com/Shadow-Docket-Supreme-Undermine-Republic/dp/1541602633/ref=tmm_hrd_swatch_0?_encoding=UTF8&qid=&sr=.

Hello, and welcome back to the National Security Law Podcast, with co-hosts Bobby Chesney and Steve Vladeck! In this episode, we dig into the latest filings in the Mar-a-Lago classified documents/presidential records litigation, emphasizing the mounting reasons to believe that the first charges we might see in relation to all of this will involve not the underlying questions about unlawful retention of presidential records or national defense information, but "investigative offenses" such as obstruction of justice.  We also touch on "Nashiri Day," explaining what that anniversary signifies, as well as a bit on the recent airstrikes conducted by US forces in Syria--against weapons bunkers associated with an Iran-backed group that had earlier launched rockets at a US facility in Syria.

After just one week, incredibly, we are back!  And we're joined by two of our fantastic Texas Law students.  Ryan Brown and Adam Goodrum won the right to guest host at last year's public-interest auction at Texas Law, and as it happens they signed up for the episode coinciding with the unsealing of the now-famous Mar-a-Lago search warrant! If you are itching for a nearly line-by-line breakdown of the three criminal statutes mentioned in the search warrant application (as well as a key statute that is not mentioned), this is the show for you.  And if you also might be interested in a painfully-long discussion of the complexities that arise when a president acts contrary to an existing executive order, without actually amending or otherwise altering that executive order, well this is your lucky day!

Well, the original idea was to have a short episode about the strike that killed al Zawahiri, and to recap the D.C. Circuit's Larabee ruling.  But then just before showtime, we learned of the FBI executing a warrant at Mar-a-Lago, not to mention an avalanche of awfully-inflammatory commentary about the significance of this event.  Between that and the Mets on a hot streak, we ended up with a lot to discuss!  Tune in for all the classic hits, such as: What is the legal significance of a formal surrender agreement in relation to the domestic law effect of a Declaration of War? 

And we're back, with yet another interminable window of extemporaneous frivolity at the front end of what otherwise is a somewhat serious show about the latest national security law developments and debates (seriously). Listen up as co-hosts Steve Vladeck and Bobby Chesney discuss Russia's denial of combatant immunity to foreign fighters in Ukraine (including some Americans), how this pertains to mercenary status, how it compares to US policies on al Qaeda and Taliban fighters, how this in turn relates to the Abd al-Hadi al-Iraqi plea deal at GTMO, how speaking of GTMO they transferred Gul to Afghanistan, and hey speaking of the Global War on Terrorism (GWOT) there was a capture operation in Syria that seems like it was led by US SOF but who knows who now holds the detainee let alone what legal framework applies and hey maybe it was France because it seems like they've got their own Le GWOT going in the Sahel to include drone strikes taking out several dozen guys on motorcycles plus they also had a capture op

And...we're back, and in less than a month, remarkably!  Tune in as co-hosts Steve Vladeck and Bobby Chesney discuss (1) the latest seditious conspiracy indictment arising out of January 6th, (2) the Navarro contempt of Congress charge, (3) the latest developments in the lawsuits challenging the Texas and Florida social media content-moderation laws, and (4) enforcement of Commerce Department licensing rules designed to prevent certain US-made aircraft from being taken to Russia (or Belarus) and the way this resulted in what ultimately will be a $400m loss for Roman Abramovich.  That, plus more aimless Mets and Star Wars chit-chat than any reasonable person possible could want....

Some of y'all were wondering if the show was done-for now that co-host Bobby Chesney has been named the next dean of the University of Texas School of Law.  But as it turns out, the main impact of that on the show probably will be no more and no less than to take the level of preparation that he and co-host Steve Vladeck put into things to new lows! All of which is a long-winded way of saying: we're back with a fresh episode, this time focused on (1) discussion of the leak(s) associated with the Supreme Court's Dobbs case and (2) a review of what a war-crimes analysis might entail as applied to operation Russia's GRU conducted to shut down Ukraine's grid during the period after the occupation of Crimea but before the outbreak of the current invasion! Ok, there's also a preposterously detailed discussion (in the form of a song-to-song competition) of the relative merits of various Indigo Girls albums.  Seriously?  Seriously.

Ok, ok, it's been a full month since the last episode.  But good things come to those who wait!  We are back, and hope you'll tune in as co-hosts Bobby Chesney and Steve Vladeck discuss the latest in national security legal news, including: The questions associated with neutrality and co-belligerency (and especially "qualified neutrality") in relation to US and allied support to Ukraine in the Ukraine-Russia War The Supreme Court's decision to grant a stay in Lloyd Austin v. U.S. Navy SEALS 1-26, in relation to a district court order (based on the Religious Freedom Restoration Act) barring the Navy from enforcing its policy precluding deployment of personnel who refuse COVID vaccination) Another GTMO detainee (Hassan bin Attash of Yemen) cleared for release A guilty verdict against an Islamic State member (a formerly-British citizen who was part of the quartet known as "the Beatles") charged with involvement in the horrific abuse of captives And, yes, lots and lots of crowing over the early-season s

What a treat we have for you this week!  Assistant Attorney General Matt Olsen, head of DOJ's National Security Division, sits down with co-hosts Bobby Chesney and Steve Vladeck to talk about a wide range of NSD-related topics: the origins of NSD the Section 702 sunset next year indictments against Russian hackers sanctions enforcement focusing on China's commercial espionage and transnational repression the continuing international terrorism threat the growing domestic terrorism threat

And we're back! Tune in as Professors Bobby Chesney and Steve Vladeck discuss and debate: ICC jurisdiction over war crimes on Ukraine's territory Limits on sharing tactical intel and arms? The Neutrality Act and its implications for those interested in going to Ukraine to fight The Supreme Court's twin State Secrets Privilege rulings last week (Zubayda, Fazaga) Qhatani transferred out of GTMO A pair of recent rulings against the Navy on its COVID vaccination policy The House Foreign Affairs Committee's AUMF hearing All that, plus. what can only be described as perfunctory frivolity :)

We are back with a fresh episode, hot on the heels of Russia's latest incursion into Ukraine. Tune in as we survey some of the legal dimensions to this latest development (including discussion of the impact of diplomatic recognition on UN Charter Article 2(4)), as well as the various sanctions frameworks that are now in play.  We also check in on an important district court ruling in the civil suit against former President Trump in relation to the January 6 insurrection, exploring its First Amendment/Brandenburg doctrine aspects.  As for frivolity?  A bit random this time, even for these guys: we've got the Juwan Howard situation following the Michigan-Wisconsin game, and reviews of some of the key rides at Disneyland. Because...well, it's the frivolity segment, after all!

We are back, and even though one of us apparently cannot work this new tech called a "calendar," we're excited to bring a shorter-than-usual episode without having a whole month go by! Tune in as co-hosts Steve Vladeck and Bobby Chesney discuss and debate: The Biden Administration's change of position on the availability of coerced statements for use in pre-trial proceedings in military commissions The news of the capture, repatriation to the United States, and federal court prosecution of a woman from Kansas who apparently had traveled to Syria to take up arms on behalf of ISIS--and the questions this raises about how long she was held pre-transfer, and in whose custody Civil suits against private military contractors, the varied legal obstacles they face, and updates on some current lawsuits in which Steve is involved--and interesting questions they raise, such as the precise scope of the "combat activities" limitation All that, plus a grab-bag of frivolity including the new Netflix movie based on

Seeing as how 2022 is well underway, it's probably about time we produced a new episode!  Tune in for co-hosts Steve Vladeck and Bobby Chesney as they discuss and debate: The various international and domestic law questions that might arise in that Russia (further) invades Ukraine The oral argument in Thompson v. Trump (especially the presidential immunity question) The who-owns-the-privilege question in Trump v. Thompson (not a typo) The seditious conspiracy indictment against Oath Keepers leaders What federal statutes have to say about a scenario in which the President might confer authority on a private armed group to "enforce" the law Believe it or not, a judicial change in a military commission More GTMO detainees approved (by Periodic Review Board) for transfer out (though no one actually seems to be leaving) All that plus the usual frivolity, this time featuring the classic combination of (1) Jim Carrey films and (2) NFL playoffs.

Welcome to our official Holiday Office Party, where we mainly just hope things will go smoother than they did for the good people of Nakatomi Corporation in 1988! In this episode, co-hosts Steve Vladeck and Bobby Chesney discuss: The state of the criminal contempt of Congress proceedings against Steve Bannon and Mark Meadows The D.C. Circuit's ruling refusing to assert post-presidential decision-making authority to Donald Trump in relation to the records of his presidency held by NARA The SCOTUS cert. grant in Torres (does Congress under its power to raise and support the armed forces have authority to abrogate state sovereign immunity) The SCOTUS cert. denial in Begani The 10th Circuit's ruling in Muhtorov (upholding the Section 702 FISA framework against various challenges) Passage of the NDAA for Fiscal Year '22 All that, plus book recommendations for your holiday shopping convenience, and a Q&A regarding the works of the great Mo Willems (you know: Pigeon, Elephant and Piggie, and Knuffle B

Ah, well, that took a bit longer than expected!  We promise we don't mean to let this become a quarterly show, or even a monthly.  Too much national security law for that! In today's episode, we discuss: Haroon Gul's victory in a GTMO habeas case (and what it may or may not mean for the bigger picture) Majid Kahn's sentencing testimony (and the clemency letter that the majority of the panel subsequently issued) The SCOTUS decision to deny cert. in ACLU's attempt to establish a constitutional right of public access to at least some FISC opinions (and the Gorsuch-Sotomayor dissent) The SCOTUS oral argument in Fagaza, raising both statutory interpretation questions about FISA (and, possibly, constitutional questions about the State Secrets Privilege) Today's DOJ announcement about Poland's arrest (and America's extradition request concerning) a Ukrainian national associated with the REvil ransomware Kaseya campaign The conviction (for economic espionage) of a Chinese MSS official who attempted to g

What's that?  A new episode?  What have these guys been doing all month... Well, whatever they've been doing all September since Episode 209, Professors Vladeck and Chesney are back at last with a new episode.  Tune in as they discuss and debate: The en banc D.C. Circuit oral argument in al Hela (asking, inter alia, whether the Due Process Clause applies at GTMO) A preview of the upcoming SCOTUS arguments relating to the State Secrets Privilege The Dorfman/Naylor/Isikoff article on CIA planning relating to Assange and Wikileaks A National Security Division roundup noting the sudden wind-up of the Huawei CFO case and the new material support case against a Canadian Islamic State fighter previously held by the SDF in Syria All that, plus no small amount of frivolity (including a much-too-long endorsement of the greatness that is Joe Abercrombie).

This week on the National Security Law Podcast, we mark 20 years since the 9/11 attacks.  Tune in as co-hosts Steve Vladeck and Bobby Chesney share their views on the major legal developments unleashed by that awful day, in a broad retrospective on the era.

In this week's episode, we focus on the unfolding situation in Afghanistan.

It's been a long summer break for the podcast, but we're back! Tune in today as Professors Chesney and Vladeck discuss and debate: AUMF reform prospects (2001 AUMF in particular) Ongoing uncertainty as to the fate of the Presidential Policy Guidance re use of lethal force outside areas of active hostilities Litigation exploring whether a unanimous panel should be required in courts-martial A semi-deep dive into Jacobson, the 1905 Supreme Court case that upheld a local mandatory vaccination order (targeting smallpox) in the face of what we would today describe as a substantive due process fundamental rights/liberty claim. How about that CDC rent-moratorium extension? And, yes, we lament the apparent collapse of the Mets, while also recommending some good books and podcasts!