The National Security Law Podcast: Around the Horn With Interrogation, Detention, Prosecution, and Targeting
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.
Published by The Lawfare Institute
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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 to set off a pipe bomb in New York City yesterday. Ullah was taken into law enforcement custody, but soon some quarters were calling for him to be placed in military custody for interrogation purposes. Your hosts will revisit the tangle of issues involving Miranda, presentment, habeas, and more that such arguments raise.
- Habeas and military detention: Next up is a recap of Monday’s hearing in ACLU v. Mattis, in which the government continues to resist efforts to determine whether a U.S. citizen held as an enemy combatant in Iraq wishes to pursue habeas review, and whether that review can begin now or must await some further development.
- The 2001 and 2002 AUMFs: The Pentagon’s acting general counsel recently gave a speech outlining the administration’s views on the 2001 and 2002 AUMFs and the possibility of repeal-and-replace. Your hosts will flag the highlights.
- Somalia: Staying with the AUMF theme, the next topic will explore the legal implications of a New York Times story on plans for expanded operations in Somalia.
- Military Commissions: Last but not least, there are some new charges pending in the military commission system, raising some interesting scope-of-conflict questions.
Of course, that’s not really the last topic of the day. The real last topic? As always on this show, your hosts close with frivolity. This week it is: terrible movies that we nonetheless love. Be sure to hit us up on Twitter at @nslpodcast to share your own favorites!
Robert (Bobby) Chesney is the Dean of the University of Texas School of Law, where he also holds the James A. Baker III Chair in the Rule of Law and World Affairs at UT. He is known internationally for his scholarship relating both to cybersecurity and national security. He is a co-founder of Lawfare, the nation’s leading online source for analysis of national security legal issues, and he co-hosts the popular show The National Security Law Podcast.
Steve Vladeck is a professor of law at the University of Texas School of Law. A 2004 graduate of Yale Law School, Steve clerked for Judge Marsha Berzon on the Ninth Circuit and Judge Rosemary Barkett on the Eleventh Circuit. In addition to serving as a senior editor of the Journal of National Security Law & Policy, Steve is also the co-editor of Aspen Publishers’ leading National Security Law and Counterterrorism Law casebooks.
