The National Security Law Podcast: This Episode Was Not Recorded in the Situation Room!

Robert Chesney, Steve Vladeck
Wednesday, August 15, 2018, 2:10 PM

We are back with review and analysis of the latest national security law developments, hot on the heels of last week’s deep-dive episode. We’ll have another deep dive soon, but for now it’s back to some old chestnuts. We’ve got:

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We are back with review and analysis of the latest national security law developments, hot on the heels of last week’s deep-dive episode. We’ll have another deep dive soon, but for now it’s back to some old chestnuts. We’ve got:

  • Doe v. Mattis — another delay to report, and some further speculation about the role that passports might be playing in the negotiation.
  • al-Alwi — last week we shared a few preliminary reactions to the D.C. Circuit’s al Alwi decision, and now we’re back with an in-depth analysis.
  • A circuit-split on a Bivens remedy in cases involving a cross-border shooting: We’ve got an explainer on the relationship between the Rodriguez decision in the Ninth Circuit and Hernandez II.
  • PCLOB lives??? A few quick notes on the latest nominations to the PCLOB. If only the Senate would actually confirm some of these folks, this valuable institution would no longer be–wait for it!–inquorate.
  • A note on the military commissions: not much cooking here because the Nashiri litigation is held up at the Court of Military Commission Review, but we do at least have a new judge in the case.
  • Trumplandia: We mostly resist the temptation to wallow in the Omaraso debacle, and actually keep this segment of the show short for once. Mostly we chat about the fact that four federal judges (now including a Trump appointee) have all rejected claims that Special Counsel Mueller’s appointment is unconstitutional.
  • Notes on the National Security Division: We check in with NSD, finding a handful of pleas, sentences, and other developments in national security cases (including the apprehension by the Cubans of an American trying to fly to Russia in the 12th year of his abscondment from alleged acts of terrorism for the Earth Liberation Front…definitely sounds like the plot of a TV show).

And then we just start indulging ourselves with what must be twenty or more minutes of rambling frivolity, starting with some TV and movie reviews and spreading out to cover some books and…NBA projections? Remember: experts on national security law, but nothing else!


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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