Lawfare | The National Security Law Podcast
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Lawfare is a multimedia web site devoted to serious discussion of national security law and policy by Robert Chesney and Jack Goldsmith. The National Security Law Podcast is a weekly review of the latest legal news.
Lawfare | The National Security Law Podcast
1M ago
Hello, is this thing on? Check one, check two…testing, testing. We’re good? Alright alright alright…
It’s been 100 days between shows. Thought maybe the world might be calmer if we waited a bit, but no such luck! We are, however, very glad to be back on the air with a fresh (and rather long!) episode. Tune in for topics including:
Israel & Hamas
Ukraine & Russia
America & the Houthis
702 renewal
TikTok & prospects for the divestment bill prevailing vs a First Amendment challenge
All sorts of Trump litigation
All sorts of Texas border stuff (invasi ..read more
Lawfare | The National Security Law Podcast
4M ago
Barring an unlikely spate of more than a dozen episodes happening over the next week, it sure looks like Steve has won his bet with Bobby, for this marks the 16th episode of 2023. Ouch, that’s not even *close* to the 30-show target! But tune in anyway if you are interested in a thorough overview of what is and is not clear about the Colorado Supreme Court’s decision disqualifying Donald Trump from the ballot under color of Section 3 of the 14th Amendment (that is, on grounds that Trump had engaged in insurrection ..read more
Lawfare | The National Security Law Podcast
5M ago
Two months between episodes? Looks like someone will be buying Steve a dinner at the conclusion of 2023 (barring a pivot to posting new episodes every day).
As for what is on tap in episode 243:
Israel and Gaza: a review of key international law issues
The United States and Iran: a review of key domestic law issues
Trumplandia: checking in on, like, 17 separate cases currently underway
As for frivolity: there are some (inevitable) ramblings about football, but much more frivolous than that is the ad hoc holiday favorites playlist ..read more
Lawfare | The National Security Law Podcast
7M ago
Sorry about accidentally taking the whole month off, but we’re back with a classic: tune in for the 9/11 case warm-up, and stick around for 45 minutes of wrangling over the PCLOB Report on Section 702! And, yes, frivolity, always frivolity (wherein we discuss the musical Six, football, and gargantuan mismatches ..read more
Lawfare | The National Security Law Podcast
9M ago
If you are interested in a detailed and careful explanation of the charges at issue in United States v. Trump (the recent indictment of the former president in relation to his effort to overturn the results of the election), the way that the alleged facts related to those offenses, and the relatives strengths and weaknesses of the most likely defenses…well, this is the show for you. Though co-hosts Steve Vladeck and Bobby Chesney originally planned to discuss an array of topics in addition to reviewing the latest indictment of the former president, they ended up spending the en ..read more
Lawfare | The National Security Law Podcast
10M ago
Well, it’s been about a month, so it’s good we are finally back with a fresh episode! Tune in as hosts Steve Vladeck and Bobby Chesney kick the tires on:
The New York Times story (per Charlie Savage) on the Biden Administration’s October ’22 revised policy guidance on kill/capture operations outside areas of active hostilities
Touching base with the will-it-ever-end (no) Nashiri litigation
The National Guard, federal court-martial jurisdiction for members not in federal service, and the Fifth Circuit
Missouri v. Biden: a stunning injunction (and 155-page underlying memo ..read more
Lawfare | The National Security Law Podcast
11M ago
Today’s episode focuses on the indictment in United States v. Donald Trump and Waltine Nauta, S.D. Fla. (23-80101-CR). Co-hosts Steve Vladeck and Bobby Chesney walk you through the factual allegations, the crimes charged, the areas where tricky evidence questions might arise, the process for selecting the presiding judge, and the prospects for an array of things including: recusal; a Presidential Records Act defense; a I-declassified-this-stuff defense; a pre-verdict Rule 29 motion for judgment of acquittal; and a trial occurring around the time of the election. Buckle up and ..read more
Lawfare | The National Security Law Podcast
1y ago
And we’re back, with co-hosts Steve Vladeck and Bobby Chesney breaking down the latest national security law news along with much else. This week the spotlight is on the D.C. Circuit’s en banc decision in al Hela, which grapples with the applicability of the Fifth Amendment Due Process Clause (in both its procedural and substantive aspects) to GTMO detainees. We’ve also got an update on the Badilla contractor immunity case (in which Steve plays a role as counsel to the plaintiffs), some Shadow Docket developments, and notes on the prosecutorial aspects of Cold War II ..read more
Lawfare | The National Security Law Podcast
1y ago
Good morning! Episode 236 covers:
The Trump Indictment
The Biden Administration’s Executive Order on Abusive Commercial Spyware
A CENTCOM strike against an IS target in Syria
The future of private prosecutors ..read more
Lawfare | The National Security Law Podcast
1y ago
We’re back with a Spring Break edition, featuring:
ICC cases emerging against Russian defendants for (1) removing children from Ukraine to Russia and (2) attacking civilian infrastructure
A UK drone strike in Syria, a US drone strike in Yemen, and a US drone struck (by the Russians)
Renewal of Section 702 and the Rep. LaHood story
TikTok, CFIUS, and the RESTRICT Act
Another GTMO transfer
Possible repeal of the 2002 and 1991 Iraq AUMFs
And an early start to the annual Mets demoralization process ..read more