Episodios
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Betcha thought we were done...but we're back! Tune in as Steve Vladeck and Bobby Chesney discuss and debate the latest (ok, some of this stuff is months old) national security law and related developments, including:
The renewal of Section 702 (aka our first contribution to the rapidly-upcoming debate over the next renewal)
The conviction of the former president in New York Court (and the prospects for SCOTUS to get involved)
Speaking of SCOTUS: we're waiting on a *LOT* of big decisions over the next two weeks, including the presidential immunity claim, social media content moderation jawboning, and more
We've also got an upcoming oral argument in the Florida federal court trial of the former president in relation to classified documents
TikTok & Bytedance v. Garland: we discuss the prospects for the First Amendment claim, as well as the prospects for a Takings argument and, perhaps the sleeper topic among these, the Bill of Attainder argument
Of course there's frivolity too. Lots of it. Watching the Acolyte? The Mets? House of the Dragon? Hitman? Mr. Bates vs the Post Office? -
Hello, is this thing on? Check one, check two...testing, testing. We're good? Alright alright alright...
It's been 100 days between shows. Thought maybe the world might be calmer if we waited a bit, but no such luck! We are, however, very glad to be back on the air with a fresh (and rather long!) episode. Tune in for topics including:
Israel & Hamas
Ukraine & Russia
America & the Houthis
702 renewal
TikTok & prospects for the divestment bill prevailing vs a First Amendment challenge
All sorts of Trump litigation
All sorts of Texas border stuff (invasion as a constitutional concept, state-level war powers, preemption, the limits of preemption, etc.)
Plus, why do the Mets already suck? It's only been four games. Yeesh. -
¿Faltan episodios?
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Barring an unlikely spate of more than a dozen episodes happening over the next week, it sure looks like Steve has won his bet with Bobby, for this marks the 16th episode of 2023. Ouch, that's not even *close* to the 30-show target! But tune in anyway if you are interested in a thorough overview of what is and is not clear about the Colorado Supreme Court's decision disqualifying Donald Trump from the ballot under color of Section 3 of the 14th Amendment (that is, on grounds that Trump had engaged in insurrection).
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Two months between episodes? Looks like someone will be buying Steve a dinner at the conclusion of 2023 (barring a pivot to posting new episodes every day).
As for what is on tap in episode 243:
Israel and Gaza: a review of key international law issues
The United States and Iran: a review of key domestic law issues
Trumplandia: checking in on, like, 17 separate cases currently underway
As for frivolity: there are some (inevitable) ramblings about football, but much more frivolous than that is the ad hoc holiday favorites playlist... -
Sorry about accidentally taking the whole month off, but we're back with a classic: tune in for the 9/11 case warm-up, and stick around for 45 minutes of wrangling over the PCLOB Report on Section 702! And, yes, frivolity, always frivolity (wherein we discuss the musical Six, football, and gargantuan mismatches).
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Tune in for the latest, in which we discuss life as a fall 1L, RICO, removal, Nashiri, Bahlul, Shimari, Barbie, and Silo. And if all those names mean something to you...well, you are among the select few, and this pod is for you!
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If you are interested in a detailed and careful explanation of the charges at issue in United States v. Trump (the recent indictment of the former president in relation to his effort to overturn the results of the election), the way that the alleged facts related to those offenses, and the relatives strengths and weaknesses of the most likely defenses...well, this is the show for you. Though co-hosts Steve Vladeck and Bobby Chesney originally planned to discuss an array of topics in addition to reviewing the latest indictment of the former president, they ended up spending the entire hour on this one.
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Well, it's been about a month, so it's good we are finally back with a fresh episode! Tune in as hosts Steve Vladeck and Bobby Chesney kick the tires on:
The New York Times story (per Charlie Savage) on the Biden Administration's October '22 revised policy guidance on kill/capture operations outside areas of active hostilities
Touching base with the will-it-ever-end (no) Nashiri litigation
The National Guard, federal court-martial jurisdiction for members not in federal service, and the Fifth Circuit
Missouri v. Biden: a stunning injunction (and 155-page underlying memo) limiting the ability of a slew of federal government leaders to work with social media platforms on content moderation
And, of course, no shortage of frivolity! If you are not down with the frivolity, you definitely want to skip the first six minutes. Well, maybe a lot more than that... :) -
Today's episode focuses on the indictment in United States v. Donald Trump and Waltine Nauta, S.D. Fla. (23-80101-CR). Co-hosts Steve Vladeck and Bobby Chesney walk you through the factual allegations, the crimes charged, the areas where tricky evidence questions might arise, the process for selecting the presiding judge, and the prospects for an array of things including: recusal; a Presidential Records Act defense; a I-declassified-this-stuff defense; a pre-verdict Rule 29 motion for judgment of acquittal; and a trial occurring around the time of the election. Buckle up and tune in!
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And we're back, with co-hosts Steve Vladeck and Bobby Chesney breaking down the latest national security law news along with much else. This week the spotlight is on the D.C. Circuit's en banc decision in al Hela, which grapples with the applicability of the Fifth Amendment Due Process Clause (in both its procedural and substantive aspects) to GTMO detainees. We've also got an update on the Badilla contractor immunity case (in which Steve plays a role as counsel to the plaintiffs), some Shadow Docket developments, and notes on the prosecutorial aspects of Cold War II.
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Good morning! Episode 236 covers:
The Trump Indictment
The Biden Administration's Executive Order on Abusive Commercial Spyware
A CENTCOM strike against an IS target in Syria
The future of private prosecutors? -
We're back with a Spring Break edition, featuring:
ICC cases emerging against Russian defendants for (1) removing children from Ukraine to Russia and (2) attacking civilian infrastructure
A UK drone strike in Syria, a US drone strike in Yemen, and a US drone struck (by the Russians)
Renewal of Section 702 and the Rep. LaHood story
TikTok, CFIUS, and the RESTRICT Act
Another GTMO transfer
Possible repeal of the 2002 and 1991 Iraq AUMFs
And an early start to the annual Mets demoralization process. -
Are you ready for a DEEP DIVE? We've got an extended conversation today explaining the stakes and anticipating the outcomes in two cases argued in front of SCOTUS this week: Google v. Gonzalez and Twitter v. Taamneh. The cases present questions about the scope of civil liability under the Anti-Terrorism Act in the aiding-and-abetting context (as applied to the use of social media platforms by terrorist groups) and the proper interpretation of Section 230 of the Communications Decency Act and its protection of such platforms.
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We are delighted this week to feature two Texas Law students -- Sam Libby and Alex Rigby -- who earned the chance to co-host the show with us thanks to their generosity supporting the Texas Law Fellowships program (a charitable endeavor that supports Texas Law students doing summer public interest work). Join us as we talk about just how it is that Prime Minister Trudeau can be involved in orders that result in American F-22s taking out a UFO, a largely-unremarked material support prosecution that twenty years ago very well could have resulted in a high-profile dispute over military detention of a US citizen, loads of Super Bowl analysis, and much more! And, yes, lots of questions posed to ChatGPT!
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After a week with no electricity, Professors Vladeck and Chesney are back with the latest in national security law news. Tune in for discussions of:
the law (or lack thereof) when it comes to balloons, altitude, and aerial espionage
sanctions on the Wagner Group and also on various Russians associated with ransomware
FBI and DOJ disrupting the Hive ransomware group
Majid Khan transferred from GTMO to ... Belize?
Ted Olson on the military commissions process
Finally, you'll want to watch SNL's "HBO Mario Kart": https://www.youtube.com/watch?v=UiIRlg4Xr5w -
What's this, a one-week turnaround between shows? Will wonders never cease? In a throwback to the days of this being a weekly show, your co-hosts Bobby Chesney and Steve Vladeck are back on a quick turnaround in order to debate and discuss:
A new seditious conspiracy conviction arising out of Jan. 6
A New York State "material support" prosecution (State v. el Faisal)
Various SCOTUS updates
Any classified documents that we might have found when cleaning up the ol' office
The shocking arrest of the former FBI Special Agent in Charge of the Counterintelligence Division at FBI's NY Field Office on IEEPA (and other) charges relating to secret work for a Russian oligarch....oof.
And, as always, some frivolity. -
Wouldn't want you to be misled by the episode number (though we do actually foreshadow some future Section 230 coverage in light of an upcoming pair of SCOTUS cases)! At any rate: tune in as Professors Chesney and Vladeck discuss what is and isn't similar about the Trump and Biden classified documents scenarios; the relative authority of the President and Congress under the Arms Export Control Act (in light of the potential sale of F16s to Turkey); the 21st anniversary of GTMO; the indictment of a Chinese man who harassed a fellow student at the Berklee School of Music based on the victim's pro-democracy, pro-freedom speech; and of course no small amount of frivolity!
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Happy 2023 y'all! We are off to a quick start this year. Tune in as Professors Vladeck and Chesney discuss recent developments, including:
The Supreme Court's "Title 42"-related action in Arizona v. Mayorkas
Highlights from the National Defense Authorization Act for Fiscal Year '23 (including a National Guard reform that did not make it, and a newly-clarified authorization for Cyber Command that did)
Central Command's year-end summary of its counter-ISIS operations in Syria and Iraq in 2022 (including remarkable statistics on the scale of detention administered by both Iraq and the SDF)
Call for your help: we want suggestions for statutes, cases, or events (including ones from long ago, not just recent events) that you'd like us to explore in future episodes (we are going to add a recurring deep-dive segment)
All that, plus ample frivolity. -
Holiday edition! Tune in as co-hosts Steve Vladeck and Bobby Chesney discuss the rapid demise of the attempt by Donald Trump's lawyers to use Executive Privilege in relation to the classified documents found at Mar a Lago, the arrival in the US of a former Libyan intelligence officer charged with a key role in the horrific bombing of Pan Am 103 in 1988, the arrival in the US of a Mauritanian man charged with several terrorist attacks in Mali, the arrival in the US of erstwhile crypto exchange entrepreneur Sam Bankman-Fried to face charges stemming from that total dumpster fire. And, naturally, an indefensible number of detours, digressions, and other forays into frivolity!
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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.
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