Welcome to part 1 of a 2-part deep-dive series concerning FISA! In this episode, Professors Chesney and Vladeck begin with the history and context leading up to the creation of the Foreign Intelligence Surveillance Act of 1978, and then explain the central features of the statute and some of the key issues that arose during its first two decades. Part 2 (episode 97), which carries the story forward to the present, will post tomorrow! Oh, hey, while we have your attention: Yes, there was another ...
Oct 25, 2018•59 min
Welcome to the latest episode of the National Security Law Podcast! We're back with our usual mix of discussion and debate about the most-interesting legal developments relating to national security over the past week. And while most such episodes survey many issues, this week we are drilling down on two stories: First, we've got military commission activity: After a very slow week on this beat, the mil coms are back with a vengeance thanks to the al-Nashiri litigation. We've got an extensive re...
Oct 16, 2018•1 hr 2 min
It's a late-night, mid-week episode of the National Security Law Podcast! We've got: Senator Kaine's letter to DOD raising questions about the theory of collective self-defense as applied in the domestic law context, in relation to the AUMF and Article II. Speaking of the AUMF, it's the 17th anniversary of the opening of overt US military engagement in Afghanistan. Doe v. Mattis is over at last! Just kidding, it's totally not over. Instead, today was the 7th consecutive extension of time as the ...
Oct 11, 2018•1 hr 1 min
Spotted: A rare episode of the National Security Law Podcast clocking in at under one hour! And yet there was much to discuss, including: T-Shirts!!!! At long last, the much-anticipated NSL Podcast t-shirts are for sale. All profits go to charity (ALS Texas, to be exact; they support patients and research for victims of ALS). Start shopping now! Detainee Stuff: We've got an all-too-predictable Doe v. Mattis update, and a set of notes about the denial of cert. for GTMO detainee Saifullah Paracha ...
Oct 02, 2018•55 min
And we're back! Tonight's episode features: SCOTUS preview: though many have missed it, SCOTUS is in fact back in session very soon, and we have a preview of security-related petitions and some early grants as well. Trumplandia: Well, Rod Rosenstein sure was the subject of loads of speculation this week, and it soon became quite clear that it is time for...a refresher regarding the TWO DISTINCT chains of succession (and related issues) for his TWO DISTINCT functions (Deputy AG and, quite separat...
Sep 26, 2018•1 hr 16 min
There's no shortage of news this week, but comparatively little of it is national security law news, and so we are back with a fresh deep dive episode. For better or worse, it's our longest episode yet (topping out a bit over 1:20). So find a comfy spot, pop in the headphones, and prepare to dive deep, deep, deep into the history of military commissions in the United States! Get ready for Ex Parte Milligan, Ex Parte Quirin, and Hamdan v. Rumsfeld, and much more besides!
Sep 18, 2018•1 hr 28 min
Well, would you look at that: your hosts are back in town at the same time at last, and they've got a fresh episode covering some of the major national security legal developments of the past couple of weeks! We've got: A Doe v. Mattis update, naturally A new judge for the 9/11 prosecution, for now (but not a year from now, incredibly enough) New CMCR judges Nothing at all happening with al Nashiri Anonymous administration resisters Questions (and a cert. petition!) about the constitutionality o...
Sep 13, 2018•1 hr 13 min
And we are back...with a second-consecutive deep-dive episode. This week, Professors Chesney and Vladeck explore the iconic 1952 decision of the Supreme Court in Youngstown Sheet & Tube Co. v. Sawyer, better known as the "Steel Seizure Case." It's an all-time classic regarding the separation of powers in general and war-related powers in particular (not to mention constitutional interpretive method, theories of emergency power, and more). In this deep dive, we: place the ruling in factual an...
Sep 04, 2018•1 hr 13 min
We are back this week with a new "deep dive" episode, this time focused on the issues raised by the U.S. government's use of lethal force against Anwar al-Awlaki--a U.S. citizen who became a key figure associated with al Qaeda in the Arabian Peninsula. Tune in for a detailed backgrounder covering: the unsuccessful attempt by al-Awlaki's father to obtain ex ante injunctive relief in federal court (and the standing, political question doctrine, and state-secrets privilege issues that suit raised) ...
Aug 28, 2018•1 hr 12 min
And we're back, with much to discuss in the wacky world of national security law. Join Professors Steve Vladeck and Bobby Chesney as they wrestle with: A *huge* ruling by Judge Pohl in the Military Commission 9/11 prosecution, barring the government from using at trial statements made by the defendants at GTMO to FBI "clean team" interrogators (in what amounts to a CIPA-style sanction in response to government restrictions on defense access to CIA personnel) The government in the Tanvir case (al...
Aug 21, 2018•1 hr 7 min
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-dept...
Aug 14, 2018•1 hr 8 min
It had to happen sooner or later: an actual slow week for national security law! Ugh! Well, time to make lemonade from the lemons. A slow week in NSL news means that we can take a run at a format that we originally expected to be a mainstay for the show: a deep-dive into a single significant development. In this case, we're going back to June 28, 2004, and the Supreme Court's decision in Hamdi v. Rumsfeld. It was a titanic ruling relating to military detention authority, the AUMF, citizenship, d...
Aug 07, 2018•1 hr 14 min
We are very excited to have a special guest this week: the one and only Amy Jeffress! Join us as Amy, Steve, and Bobby discuss: The cyber provisions in the just-passed NDAA Doe v. Mattis (of course!) The Mueller investigation Rudy and the conspiracy/collusion comment Legislating to speak out against NATO withdrawal? FARA practice 3-D guns, the Arms Export Control Act, ITAR, and USML (no, that's not a soccer league) Also, an extensive discussion of where Amy should have dinner while in Austin! Go...
Aug 01, 2018•1 hr 22 min
Welcome to the latest National Security Law Podcast episode. Though Steve and Bobby both have been moonlighting (here is Steve on the Lawfare Podcast and here's Bobby on the Cyber Law Podcast), there's no place like home, and both are back in the studio this morning to recount and debate the latest national security legal developments. This week we've got: The Carter Page FISA Order application: How are these things supposed to work, how does it compare to criminal investigation warrants, what r...
Jul 25, 2018•1 hr 12 min
Another busy week for the National Security Law Podcast! Buckle up for: "The Press Conference" and its aftermath - Your co-hosts agree that it was a fiasco, but they disagree sharply on whether administration officials should resign because of it. Tune in for an extended discussion of the situation involving Director of National Intelligence Dan Coats, in particular. Russia indictments before and after - Famously, just prior to Helsinki, the Special Counsel dropped a bombshell indictment against...
Jul 17, 2018•1 hr 17 min
We're back after a one-week layoff! No SCOTUS announcement yet, alas, but we do have this to offer: Doe v. Mattis and the upcoming hearing on the government's plan to release Doe in Syria The military commissions and the retirement of Judge Spath Over in the civilian court system, Uzair Paracha, convicted back in 2005, just won a motion for a new trial based on newly-discovered evidence (involving CSRT and other statements from GTMO detainees) A roundup of other recent DOJ prosecution developmen...
Jul 09, 2018•1 hr 13 min
Hot on the heels of the Kennedy retirement announcement, we've got our special Supreme Court finale episode! This is the show for you if you would enjoy detailed and amicable debate and discussion concerning: the consequences of Kennedy's retirement for national security and other issues; what the ideological range might be for the next nominee; the Carpenter decision, its nuances, and its implications for foreign intelligence investigations; and the Travel Ban decision, the nature and justifica...
Jun 27, 2018•1 hr 21 min
Before getting into the run of this week's show: Congratulations to Steve and Karen on the birth of their daughter!!! Meanwhile, in the wild wacky world of national security law, what a week it was. We've got: Zaidan v. Trump - a remarkable district court refusing to dismiss the constitutional claims brought by a US citizen who alleges that he has been placed, erroneously, on the "kill list" based on alleged ties to al Qaeda in Syria Possible expansion of the list of AUMF-covered associated forc...
Jun 20, 2018•1 hr 20 min
Ok, Steve and Bobby are not actually in Singapore (we sent Dennis Rodman instead). As usual, they're up on the 6th floor at Texas Law, bringing you the following this week: Doe v. Mattis - Because we can't go a week without some fascinating development in this case. This time, it was the surprise announcement last Wednesday that DOD wants to go ahead and release him after all, but to do so in a way that would drop him off in SDF-controlled territory in Syria. Doe is resisting, and now the long-a...
Jun 12, 2018•1 hr 16 min
Hello friends, and welcome back to the latest episode! Last week was a bit quiet, but things are heating up. This week we review and debate: War Powers: This week saw the release of the Office of Legal Counsel's memorandum on the U.S. airstrikes on Syrian military targets in April 2018. We explain what issue it addressed, situate it in context with earlier war power debates, and wrestle over the questions it raises (including, especially, what role if any UN Charter issues should or do play in r...
Jun 05, 2018•1 hr 17 min
This week on the show: Another big win for FBI & DOJ in a terrorism prosecution, as a Maryland man gets 35 years for going to Somalia and becoming an unprivileged participant in hostilities for al Shabaab. Speaking of DOJ wins: they also picked up a five-year sentence (plus massive restitution) for a Canadian man whom Russia's FSB hired to help with the massive Yahoo! hack a few years ago. Military Commissions: A stunner out of the Court of Military Commission Review in relation to the 9/11 ...
May 30, 2018•58 min
Never a slow week in this business... This week we've got breakdowns and debates over some familiar topics: Military Commissions: The convoluted proceedings in the al-Nashiri prosecution became a bit less tangled this week, as the government backed off its attempt to preclude intervention by a pair of al-Nashiri's erstwhile attorneys. Are we any closer to resolving the overall set of issues set off by claims of government monitoring of attorney-client communications though? Doe v. Mattis: We are...
May 22, 2018•1 hr 10 min
Spring classes may be over, but national security legal news hasn't slowed down one bit. This week, Professors Chesney and Vladeck wrestle with the following: The D.C. Circuit ruling in Doe v. Mattis (forbidding the government from transferring him unless and until the government wins on the merits in the underlying habeas case). How did the majority parse the doctrine of transfers, why did the dissent disagree, what will happen next, and--by the way--isn't it clear at this point that he *could*...
May 15, 2018•1 hr 11 min
Welcome back to the National Security Law Podcast! This week, Professors Vladeck and Chesney discuss and debate the following: Doe v. Mattis: The D.C. Circuit has affirmed the injunction barring the government from turning John Doe over to Saudi Arabia. We don't have their opinion yet, but we have ours, and we don't let lack of access to the court's explanation stop us from discussing at length what is likely to happen next! Darbi Day: Ironically, DOD did just transfer someone else to Saudi Arab...
May 08, 2018•1 hr 13 min
No shortage of topics this week. Join us as Professors Chesney and Vladeck debate and discuss: United States v. al-Hawsawi, in which Judge Pohl rules that a military commission prosecution can proceed against an accused 9/11 co-conspirator based on conduct that facilitated (and thus occurred prior to the culmination of) the 9/11 attacks. What is the measure of when "hostilities" begin? Does the Military Commissions Act of 2009 require a different result than would follow under international law?...
May 01, 2018•1 hr 9 min
We have much to discuss in the world of national security and law this week, including but not limited to the worst-kept secret in the world. And we have some grade-A frivolity if you are able to stay tuned to the end. To wit: Doe v. Mattis and the district court ruling enjoining the government from transferring Doe to Saudi Arabia. Wait, what's that? The identity of the receiving state is a secret? Except that Doe is a Saudi citizen and there are multiple points where the briefing reveals that ...
Apr 24, 2018•1 hr 13 min
Well, we're back, 24 hours after dropping Episode 69. Why? 2018, that's why! Seriously, lot's to discuss: A deep-dive into the draft 2018 AUMF from Senators Corker and Kaine. Tune in for a VERY detailed review and debate. Meanwhile, Doe v. Mattis has suddenly moved into high gear. Looks like a transfer may be in the works, but we predict weeks of further litigation. The Supreme Courts has figured out what to do next in the Microsoft case, and also has issued an interesting void-for-vagueness rul...
Apr 17, 2018•55 min
In light of the amazing developments last Friday, we decided to move the show up to today. Tune in for discussion of five things that happened just that one day: A deep dive on the international law framework implicated by the US/UK/FR airstrikes on Syrian government facilities associated with chemical weapons (with a special emphasis on the UK's asserted humanitarian intervention justification). An equally-deep dive into the US domestic law framework governing the use of the military (with a sp...
Apr 16, 2018•1 hr 11 min
Welcome to episode 68! On tap for this week: Tom Bossert is out, and Michael Cohen is in trouble. We'll talk mostly about the latter, with an emphasis on the way that attorney-client privilege law and procedure interacts with search warrants. Fresh CAATSA sanctions, this time targeting Russian oligarchs. The Treasury Department is distinguishing itself as quite strong on Russia issues. The Syrian government again uses chemical weapons, and the Trump Administration hints at another military respo...
Apr 10, 2018•1 hr 11 min
Welcome back to the National Security Law Podcast! This week, Professors Vladeck and Chesney review the following recent developments: A drone strike against AQIM targets in southwestern Libya: What if anything does this tell us about the Trump administration's legal and policy positions relating to the geographic and organizational scope of the post-9/11 armed conflict? The firing of VA Secretary David Shulkin and nomination of Rear Admiral Ronny Jackson: Questions about the dual-office holding...
Apr 03, 2018•1 hr 8 min
