Episode 244: Not Our 30th Episode of 2023
The National Security Law Podcast
by Bobby Chesney and Steve Vladeck
3M 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
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Episode 243: Boiled Froggy Water Under the Bridge
The National Security Law Podcast
by Bobby Chesney and Steve Vladeck
4M 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
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Episode 242: A Rule of Law (and Punctuation) Free Episode!
The National Security Law Podcast
by Bobby Chesney and Steve Vladeck
6M 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
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Episode 240: Something Got Released
The National Security Law Podcast
by Bobby Chesney and Steve Vladeck
8M 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
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Episode 239: We Have Many Tapestries!
The National Security Law Podcast
by Bobby Chesney and Steve Vladeck
9M 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
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Episode 238: The World Wonders
The National Security Law Podcast
by Bobby Chesney and Steve Vladeck
10M 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
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Episode 237: Are You Not Detained???
The National Security Law Podcast
by Bobby Chesney and Steve Vladeck
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
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Episode 236: Damn the Torpedoes!
The National Security Law Podcast
by Bobby Chesney and Steve Vladeck
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
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Episode 235: A Drone Struck
The National Security Law Podcast
by Bobby Chesney and Steve Vladeck
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
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Episode 234: Not *That* Linda Hamilton
The National Security Law Podcast
by Bobby Chesney and Steve Vladeck
1y ago
Are you ready for a DEEP DIVE?  We’ve got an extended conversation today explaining the stakes and anticipating the outcomes in two cases argued in front of SCOTUS this week:  Google v. Gonzalez and Twitter v. Taamneh.  The cases present questions about the scope of civil liability under the Anti-Terrorism Act in the aiding-and-abetting context (as applied to the use of social media platforms by terrorist groups) and the proper interpretation of Section 230 of the Communications Decency Act and its protection of such platforms ..read more
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