The National Security Law Podcast: The D.C. Circuit Ain’t Inquorate

Robert Chesney, Steve Vladeck
Thursday, August 23, 2018, 4:00 PM

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:

Published by The Lawfare Institute
in Cooperation With
Brookings

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:

  1. A *huge* ruling by Judge Pohl in the Military Commission 9/11 prosecution, barring the government from using at trial statements made by the defendants at GTMO to FBI “clean team” interrogators (in what amounts to a CIPA-style sanction in response to government restrictions on defense access to CIA personnel)
  2. The government in the Tanvir case (alleging that the plaintiffs were put on the no-fly list by the FBI as punishment for refusing to become informants) has decided to go for en banc review on the RFRA damages question
  3. Criminalizing the provision of information about explosives with intent that it be used for a “federal crime of violence”–United States v. Marlonn Hicks as a case study both in First Amendment and vagueness concerns
  4. Notes on other recent DOJ national security cases (Iranian spies and an IS fighter who made it to the US)
  5. President Trump, Signing Statements, and the NDAA: How does Trump compare to his recent predecessors?
  6. John Brennan and Security Clearance Revocations: Are their constitutional limits that can be litigated?

And for your weekly frivolity? Tips for all the 1Ls starting at law schools this fall!


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.

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