The National Security Law Podcast: Not *That* Enterprise

Robert Chesney, Steve Vladeck
Wednesday, December 23, 2020, 9:01 AM

Published by The Lawfare Institute
in Cooperation With
Brookings

Hello from Austin, home of SolarWinds and CyberTrucks! [ed. note: uh, no. Let’s go with home of bbq and tacos instead] We’re back with another round of discussion and debate with Professors Steve Vladeck and Bobby Chesney, as they cover:

  • Erica Newland’s NY Times op-ed arguing that DOJ attorneys should have resigned early on during the Trump administration
  • What exactly counts as a seditious conspiracy for purposes of (i) federal criminal law and (ii) the Uniform Code of Military Justice? Asking for a friend…
  • The sudden rise, and apparent collapse, of a rushed attempt by DoD leadership to direct separation of NSA and Cyber Command
  • Prospects for a veto override if Trump vetoes the NDAA tomorrow
  • Section 1705 of the pending NDAA: an authority for DHS CISA that in some ways speaks directly to the flaws exposed by the SolarWinds debacle
  • Al Shabaab’s 9/11-style plot, and the compelling ordinariness of the Justice Department’s decision to prosecute it in Manhattan
  • Pan Am 103 back in the news: AG Barr announces charges against the bombmaker (who may also have made the bomb that struck La Belle Discotheque in Berlin)

And, of course, views on the Mandalorian season finale!


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.

Subscribe to Lawfare