The National Security Law Podcast: This Is Why We Can't Have Nice Things
An overly long episode with a short title to reflect a very busy—and somewhat bizarre—eight day stretch in the wide world of national security law. This week, your hosts weigh in on:
Published by The Lawfare Institute
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An overly long episode with a short title to reflect a very busy—and somewhat bizarre—eight day stretch in the wide world of national security law. This week, your hosts weigh in on:
- The Supreme Court’s decision in Rubin v. Islamic Republic of Iran
- The Supreme Court’s denial of cert. in CareFirst
- The Supreme Court’s telling inaction on the government’s request for cert.-before-judgment in the DACA litigation
- The Defense Department’s failure to transfer al Darbi from GTMO to Saudi Arabia in accordance with his plea agreement (oh how you’ll enjoy the part when Steve reads extended passages from the 2016 NDAA and Bobby narrates the 2014 plea agreement!)
- Judge Spath’s mil com mic drop (“I’m out!”), as well as the military commission prosecutor’s office attempt to secure interlocutory review (spoiler alert: probably should be a petition for supervisory mandamus)
- A short review of the past few weeks of DOJ counterterrorism prosecution results
- The government’s factual case against US/Saudi dual-citizen John Doe, currently in military detention in Iraq, and the question of how to calibrate the burden of proof when it is a citizen
- Mueller’s Russia indictment and what it does (or does not) signify
All that, plus disparaging remarks about Olympic competitors who do not appear to be skilled, at all, in “their” sport.
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.
