The National Security Law Podcast: El Paso and Domestic Terrorism

Robert Chesney, Steve Vladeck
Wednesday, August 7, 2019, 3:09 PM

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:

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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 levels
  • Arguments for an against federal expansion into this area
  • Federal terrorism crimes that can be applied in domestic terrorism cases
  • The pros and cons of expanding the “designated terrorist organization” concept to domestic groups
  • Preventive charging in the domestic terrorism context
  • What it would mean to (try to) import foreign terrorism intelligence-collection authorities into the domestic terror setting

We also discuss an important cert. petition pending before SCOTUS, raising the question whether noncitizens in the expedited removal context can invoke the Suspension Clause (DHS v. Thuraissigiam)

After an otherwise somber discussion, stay tuned at the end for some light-hearted frivolity celebrating the improbable recent surge of the New York Mets and the fully-probable and ongoing surge of the Houston Astros.

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Robert Chesney

Robert Chesney

@bobbychesney
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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

Steve Vladeck

@steve_vladeck
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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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