The National Security Law Podcast

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 (invasion as a constitutional concept, state-level war powers, preemption, the limits of preemption, etc.) Plus, why do the Mets already suck? It's only been four games.  Yeesh.

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).

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...

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).

Tune in for the latest, in which we discuss life as a fall 1L, RICO, removal, Nashiri, Bahlul, Shimari, Barbie, and Silo. And if all those names mean something to you...well, you are among the select few, and this pod is for you!

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 entire hour on this one.

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) limiting the ability of a slew of federal government leaders to work with social media platforms on content moderation And, of course, no shortage of frivolity!  If you are not down with the frivolity, you definitely want to skip the first six minutes.  Well, maybe a lot more than that... :)

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 tune in!

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.

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?

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.

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.

We are delighted this week to feature two Texas Law students -- Sam Libby and Alex Rigby -- who earned the chance to co-host the show with us thanks to their generosity supporting the Texas Law Fellowships program (a charitable endeavor that supports Texas Law students doing summer public interest work).  Join us as we talk about just how it is that Prime Minister Trudeau can be involved in orders that result in American F-22s taking out a UFO, a largely-unremarked material support prosecution that twenty years ago very well could have resulted in a high-profile dispute over military detention of a US citizen, loads of Super Bowl analysis, and much more!  And, yes, lots of questions posed to ChatGPT!

After a week with no electricity, Professors Vladeck and Chesney are back with the latest in national security law news.  Tune in for discussions of: the law (or lack thereof) when it comes to balloons, altitude, and aerial espionage sanctions on the Wagner Group and also on various Russians associated with ransomware FBI and DOJ disrupting the Hive ransomware group Majid Khan transferred from GTMO to ... Belize? Ted Olson on the military commissions process Finally, you'll want to watch SNL's "HBO Mario Kart": https://www.youtube.com/watch?v=UiIRlg4Xr5w

What's this, a one-week turnaround between shows?  Will wonders never cease? In a throwback to the days of this being a weekly show, your co-hosts Bobby Chesney and Steve Vladeck are back on a quick turnaround in order to debate and discuss: A new seditious conspiracy conviction arising out of Jan. 6 A New York State "material support" prosecution (State v. el Faisal) Various SCOTUS updates Any classified documents that we might have found when cleaning up the ol' office The shocking arrest of the former FBI Special Agent in Charge of the Counterintelligence Division at FBI's NY Field Office on IEEPA (and other) charges relating to secret work for a Russian oligarch....oof. And, as always, some frivolity.

Wouldn't want you to be misled by the episode number (though we do actually foreshadow some future Section 230 coverage in light of an upcoming pair of SCOTUS cases)!  At any rate: tune in as Professors Chesney and Vladeck discuss what is and isn't similar about the Trump and Biden classified documents scenarios; the relative authority of the President and Congress under the Arms Export Control Act (in light of the potential sale of F16s to Turkey); the 21st anniversary of GTMO; the indictment of a Chinese man who harassed a fellow student at the Berklee School of Music based on the victim's pro-democracy, pro-freedom speech; and of course no small amount of frivolity!

Happy 2023 y'all!  We are off to a quick start this year.  Tune in as Professors Vladeck and Chesney discuss recent developments, including: The Supreme Court's "Title 42"-related action in Arizona v. Mayorkas Highlights from the National Defense Authorization Act for Fiscal Year '23 (including a National Guard reform that did not make it, and a newly-clarified authorization for Cyber Command that did) Central Command's year-end summary of its counter-ISIS operations in Syria and Iraq in 2022 (including remarkable statistics on the scale of detention administered by both Iraq and the SDF) Call for your help: we want suggestions for statutes, cases, or events  (including ones from long ago, not just recent events) that you'd like us to explore in future episodes (we are going to add a recurring deep-dive segment) All that, plus ample frivolity.

Holiday edition!  Tune in as co-hosts Steve Vladeck and Bobby Chesney discuss the rapid demise of the attempt by Donald Trump's lawyers to use Executive Privilege in relation to the classified documents found at Mar a Lago, the arrival in the US of a former Libyan intelligence officer charged with a key role in the horrific bombing of Pan Am 103 in 1988, the arrival in the US of a Mauritanian man charged with several terrorist attacks in Mali, the arrival in the US of erstwhile crypto exchange entrepreneur Sam Bankman-Fried to face charges stemming from that total dumpster fire.  And, naturally, an indefensible number of detours, digressions, and other forays into frivolity!

Hello friends!  We're back with a new episode. Tune in as Professor Steve Vladeck and Dean Bobby Chesney chat about (1) the fate of Twitter, (2) the national security implications of the election results, (3) a just-released 2016 NSA IG report, (4) the latest GTMO transfer, (5) Bobby's just-published Harvard Law Review piece (concerning two SCOTUS cases last year which touched on the state secrets privilege), (6) Steve's brand-new substack newsletter--One First--exploring all things SCOTUS, and (7) House of the Dragon.

So, it's been a while...but we're back!  And it's time to buy Steve's book on the Supreme Court's Shadow Docket: tinyurl.com/shadowdocket Meanwhile, in today's episode, we'll review the ongoing Mar-a-Lago documents litigation, the Jan. 6 Committee's subpoena to ex-president Donald Trump, the Biden Administration's new policy memorandum on lethal force outside areas of active hostilities, the Justice Department's new update to its state secrets privilege process policy, the new executive order on handling of EU citizen data in the context of American intelligence gathering, Steve's latest litigation developments, and did we mention you can pre-order Steve's book at tinyurl.com/shadowdocket???  Or at Amazon: https://www.amazon.com/Shadow-Docket-Supreme-Undermine-Republic/dp/1541602633/ref=tmm_hrd_swatch_0?_encoding=UTF8&qid=&sr=.

Hello, and welcome back to the National Security Law Podcast, with co-hosts Bobby Chesney and Steve Vladeck! In this episode, we dig into the latest filings in the Mar-a-Lago classified documents/presidential records litigation, emphasizing the mounting reasons to believe that the first charges we might see in relation to all of this will involve not the underlying questions about unlawful retention of presidential records or national defense information, but "investigative offenses" such as obstruction of justice.  We also touch on "Nashiri Day," explaining what that anniversary signifies, as well as a bit on the recent airstrikes conducted by US forces in Syria--against weapons bunkers associated with an Iran-backed group that had earlier launched rockets at a US facility in Syria.

After just one week, incredibly, we are back!  And we're joined by two of our fantastic Texas Law students.  Ryan Brown and Adam Goodrum won the right to guest host at last year's public-interest auction at Texas Law, and as it happens they signed up for the episode coinciding with the unsealing of the now-famous Mar-a-Lago search warrant! If you are itching for a nearly line-by-line breakdown of the three criminal statutes mentioned in the search warrant application (as well as a key statute that is not mentioned), this is the show for you.  And if you also might be interested in a painfully-long discussion of the complexities that arise when a president acts contrary to an existing executive order, without actually amending or otherwise altering that executive order, well this is your lucky day!

Well, the original idea was to have a short episode about the strike that killed al Zawahiri, and to recap the D.C. Circuit's Larabee ruling.  But then just before showtime, we learned of the FBI executing a warrant at Mar-a-Lago, not to mention an avalanche of awfully-inflammatory commentary about the significance of this event.  Between that and the Mets on a hot streak, we ended up with a lot to discuss!  Tune in for all the classic hits, such as: What is the legal significance of a formal surrender agreement in relation to the domestic law effect of a Declaration of War? 

And we're back, with yet another interminable window of extemporaneous frivolity at the front end of what otherwise is a somewhat serious show about the latest national security law developments and debates (seriously). Listen up as co-hosts Steve Vladeck and Bobby Chesney discuss Russia's denial of combatant immunity to foreign fighters in Ukraine (including some Americans), how this pertains to mercenary status, how it compares to US policies on al Qaeda and Taliban fighters, how this in turn relates to the Abd al-Hadi al-Iraqi plea deal at GTMO, how speaking of GTMO they transferred Gul to Afghanistan, and hey speaking of the Global War on Terrorism (GWOT) there was a capture operation in Syria that seems like it was led by US SOF but who knows who now holds the detainee let alone what legal framework applies and hey maybe it was France because it seems like they've got their own Le GWOT going in the Sahel to include drone strikes taking out several dozen guys on motorcycles plus they also had a capture operation, and [...catching my breath...] meanwhile Steve lost a case about court-appointed prosecutors but maybe that's not the last word because that dissent made some good points.  [EXHALE]

And...we're back, and in less than a month, remarkably!  Tune in as co-hosts Steve Vladeck and Bobby Chesney discuss (1) the latest seditious conspiracy indictment arising out of January 6th, (2) the Navarro contempt of Congress charge, (3) the latest developments in the lawsuits challenging the Texas and Florida social media content-moderation laws, and (4) enforcement of Commerce Department licensing rules designed to prevent certain US-made aircraft from being taken to Russia (or Belarus) and the way this resulted in what ultimately will be a $400m loss for Roman Abramovich.  That, plus more aimless Mets and Star Wars chit-chat than any reasonable person possible could want....

Some of y'all were wondering if the show was done-for now that co-host Bobby Chesney has been named the next dean of the University of Texas School of Law.  But as it turns out, the main impact of that on the show probably will be no more and no less than to take the level of preparation that he and co-host Steve Vladeck put into things to new lows! All of which is a long-winded way of saying: we're back with a fresh episode, this time focused on (1) discussion of the leak(s) associated with the Supreme Court's Dobbs case and (2) a review of what a war-crimes analysis might entail as applied to operation Russia's GRU conducted to shut down Ukraine's grid during the period after the occupation of Crimea but before the outbreak of the current invasion! Ok, there's also a preposterously detailed discussion (in the form of a song-to-song competition) of the relative merits of various Indigo Girls albums.  Seriously?  Seriously.

Ok, ok, it's been a full month since the last episode.  But good things come to those who wait!  We are back, and hope you'll tune in as co-hosts Bobby Chesney and Steve Vladeck discuss the latest in national security legal news, including: The questions associated with neutrality and co-belligerency (and especially "qualified neutrality") in relation to US and allied support to Ukraine in the Ukraine-Russia War The Supreme Court's decision to grant a stay in Lloyd Austin v. U.S. Navy SEALS 1-26, in relation to a district court order (based on the Religious Freedom Restoration Act) barring the Navy from enforcing its policy precluding deployment of personnel who refuse COVID vaccination) Another GTMO detainee (Hassan bin Attash of Yemen) cleared for release A guilty verdict against an Islamic State member (a formerly-British citizen who was part of the quartet known as "the Beatles") charged with involvement in the horrific abuse of captives And, yes, lots and lots of crowing over the early-season success of the Mets, along with other frivolity!

What a treat we have for you this week!  Assistant Attorney General Matt Olsen, head of DOJ's National Security Division, sits down with co-hosts Bobby Chesney and Steve Vladeck to talk about a wide range of NSD-related topics: the origins of NSD the Section 702 sunset next year indictments against Russian hackers sanctions enforcement focusing on China's commercial espionage and transnational repression the continuing international terrorism threat the growing domestic terrorism threat

And we're back! Tune in as Professors Bobby Chesney and Steve Vladeck discuss and debate: ICC jurisdiction over war crimes on Ukraine's territory Limits on sharing tactical intel and arms? The Neutrality Act and its implications for those interested in going to Ukraine to fight The Supreme Court's twin State Secrets Privilege rulings last week (Zubayda, Fazaga) Qhatani transferred out of GTMO A pair of recent rulings against the Navy on its COVID vaccination policy The House Foreign Affairs Committee's AUMF hearing All that, plus. what can only be described as perfunctory frivolity :)

We are back with a fresh episode, hot on the heels of Russia's latest incursion into Ukraine. Tune in as we survey some of the legal dimensions to this latest development (including discussion of the impact of diplomatic recognition on UN Charter Article 2(4)), as well as the various sanctions frameworks that are now in play.  We also check in on an important district court ruling in the civil suit against former President Trump in relation to the January 6 insurrection, exploring its First Amendment/Brandenburg doctrine aspects.  As for frivolity?  A bit random this time, even for these guys: we've got the Juwan Howard situation following the Michigan-Wisconsin game, and reviews of some of the key rides at Disneyland. Because...well, it's the frivolity segment, after all!

We are back, and even though one of us apparently cannot work this new tech called a "calendar," we're excited to bring a shorter-than-usual episode without having a whole month go by! Tune in as co-hosts Steve Vladeck and Bobby Chesney discuss and debate: The Biden Administration's change of position on the availability of coerced statements for use in pre-trial proceedings in military commissions The news of the capture, repatriation to the United States, and federal court prosecution of a woman from Kansas who apparently had traveled to Syria to take up arms on behalf of ISIS--and the questions this raises about how long she was held pre-transfer, and in whose custody Civil suits against private military contractors, the varied legal obstacles they face, and updates on some current lawsuits in which Steve is involved--and interesting questions they raise, such as the precise scope of the "combat activities" limitation All that, plus a grab-bag of frivolity including the new Netflix movie based on Robert Harris's Munich book, and of course NFL sportsball happenings!

Seeing as how 2022 is well underway, it's probably about time we produced a new episode!  Tune in for co-hosts Steve Vladeck and Bobby Chesney as they discuss and debate: The various international and domestic law questions that might arise in that Russia (further) invades Ukraine The oral argument in Thompson v. Trump (especially the presidential immunity question) The who-owns-the-privilege question in Trump v. Thompson (not a typo) The seditious conspiracy indictment against Oath Keepers leaders What federal statutes have to say about a scenario in which the President might confer authority on a private armed group to "enforce" the law Believe it or not, a judicial change in a military commission More GTMO detainees approved (by Periodic Review Board) for transfer out (though no one actually seems to be leaving) All that plus the usual frivolity, this time featuring the classic combination of (1) Jim Carrey films and (2) NFL playoffs.

Welcome to our official Holiday Office Party, where we mainly just hope things will go smoother than they did for the good people of Nakatomi Corporation in 1988! In this episode, co-hosts Steve Vladeck and Bobby Chesney discuss: The state of the criminal contempt of Congress proceedings against Steve Bannon and Mark Meadows The D.C. Circuit's ruling refusing to assert post-presidential decision-making authority to Donald Trump in relation to the records of his presidency held by NARA The SCOTUS cert. grant in Torres (does Congress under its power to raise and support the armed forces have authority to abrogate state sovereign immunity) The SCOTUS cert. denial in Begani The 10th Circuit's ruling in Muhtorov (upholding the Section 702 FISA framework against various challenges) Passage of the NDAA for Fiscal Year '22 All that, plus book recommendations for your holiday shopping convenience, and a Q&A regarding the works of the great Mo Willems (you know: Pigeon, Elephant and Piggie, and Knuffle Bunny).

Ah, well, that took a bit longer than expected!  We promise we don't mean to let this become a quarterly show, or even a monthly.  Too much national security law for that! In today's episode, we discuss: Haroon Gul's victory in a GTMO habeas case (and what it may or may not mean for the bigger picture) Majid Kahn's sentencing testimony (and the clemency letter that the majority of the panel subsequently issued) The SCOTUS decision to deny cert. in ACLU's attempt to establish a constitutional right of public access to at least some FISC opinions (and the Gorsuch-Sotomayor dissent) The SCOTUS oral argument in Fagaza, raising both statutory interpretation questions about FISA (and, possibly, constitutional questions about the State Secrets Privilege) Today's DOJ announcement about Poland's arrest (and America's extradition request concerning) a Ukrainian national associated with the REvil ransomware Kaseya campaign The conviction (for economic espionage) of a Chinese MSS official who attempted to get an American GE employee to spill secrets (and the extradition of the defendant from Belgium, where he thought he was going to take delivery of stolen information) And, of course, some disorganized frivolity!

What's that?  A new episode?  What have these guys been doing all month... Well, whatever they've been doing all September since Episode 209, Professors Vladeck and Chesney are back at last with a new episode.  Tune in as they discuss and debate: The en banc D.C. Circuit oral argument in al Hela (asking, inter alia, whether the Due Process Clause applies at GTMO) A preview of the upcoming SCOTUS arguments relating to the State Secrets Privilege The Dorfman/Naylor/Isikoff article on CIA planning relating to Assange and Wikileaks A National Security Division roundup noting the sudden wind-up of the Huawei CFO case and the new material support case against a Canadian Islamic State fighter previously held by the SDF in Syria All that, plus no small amount of frivolity (including a much-too-long endorsement of the greatness that is Joe Abercrombie).

This week on the National Security Law Podcast, we mark 20 years since the 9/11 attacks.  Tune in as co-hosts Steve Vladeck and Bobby Chesney share their views on the major legal developments unleashed by that awful day, in a broad retrospective on the era.

In this week's episode, we focus on the unfolding situation in Afghanistan.

It's been a long summer break for the podcast, but we're back! Tune in today as Professors Chesney and Vladeck discuss and debate: AUMF reform prospects (2001 AUMF in particular) Ongoing uncertainty as to the fate of the Presidential Policy Guidance re use of lethal force outside areas of active hostilities Litigation exploring whether a unanimous panel should be required in courts-martial A semi-deep dive into Jacobson, the 1905 Supreme Court case that upheld a local mandatory vaccination order (targeting smallpox) in the face of what we would today describe as a substantive due process fundamental rights/liberty claim. How about that CDC rent-moratorium extension? And, yes, we lament the apparent collapse of the Mets, while also recommending some good books and podcasts!

[Updated to fix the audio issue with the original file...though I have to admit, it was very entertaining to hear the hosts speaking an octave too low!)  We're back with another round of discussion and debate featuring co-hosts Steve Vladeck and Bobby Chesney, working through the latest national security law developments. Tune in for: The end of the decade-long run of General Mark Martins as Chief Prosecutor at GTMO The interagency debate within the Biden Administration regarding whether to concede that the Due Process Clause applies to GTMO detainees (either in the habeas context or more broadly), in connection with the al-Hela litigation currently pending before the en banc D.C. Circuit Interstate deployments (without federalization) of state national guard forces, and the state-level separation-of-powers issues arguably raised by private funding of NG activities OLC's opinion on the removal power New life for the US effort to extradite Julian Assange from the UK Donald Trump attempting to invoke the First Amendment as the basis for a civil action challenging the actions of (private) social-media companies Brief notes on the parallel between the so-far-unsuccessful efforts to deter both attacks on US forces in Iraq and ransomware attacks emanating from Russia And as always, there's much frivolity both at the start and the finish!

We're back, with one slightly-older co-host and another co-host who is ready to drive across the country!  Tune in for discussion and debate relating to: The domestic and international law aspects of the Biden administration's decision to conduct airstrikes against Kata'ib Hezbollah targets in Syria and Iraq The ongoing Biden administration internal debate over which rules should govern the use of lethal force in locations other than Syria and Iraq The Supreme Court's denial of cert. concerning warrantless searches of electronic devices at the border (leaving in place a significant circuit split, oddly) The Supreme Court's denial of cert. in a case involving torture claims against a contractor associated with the Abu Ghraib prison The Court of Appeals for the Armed Forces ruling in Begani concerning court-martial jurisdiction over former servicemembers Sentencing for a US translator who became a spy for Hezbollah, providing classified information including the identity of human sources linked to the attack that killed Iran's Suleimani Sentencing for a US person convicted of teaching the making of explosives for purposes of a federal crime of violence Seizure of websites used by Kata'ib Hezbollah and also by an IRGC-affiliated Iranian media group All that, plus the MLB crackdown on scuffed balls and ... Steve's Excellent Cross-Country Road Trip!

Hello from Austin! We're back with a new episode!  Tune in as your co-hosts Professor Steve Vladeck and Bobby Chesney discuss and debate: SCOTUS narrows the scope of the Computer Fraud and Abuse Act in Van Buren SCOTUS grants cert. in Fazaga, adding to the sense that the October '21 Term will be unprecedented for its engagement with state secrets privilege and FISA issues The Biden Administration withdraws IEEPA sanctions against TikTok and WeChat...for now, at least! GTMO closure trial-balloon?  About that NBC News story that mentions a possible desire to put the long-term military detainees in a Supermax prison rather than a military facility Over-the-horizon uses of force in Afghanistan post-withdrawal: so, will that be subject to the PPG as a use of force outside a zone of active hostilities? Leak-hunt subpoenas: we've got subpoenas concerning the communications of journalists...and Members of Congress...and the White House Counsel. Where are the legal and policy redlines in such cases? Mike Flynn, Larabee, and the idea of recalling separated servicemembers in order to subject them to court-martial proceedings (based on post-separation conduct) Also, did we mention the Mets are in first place?  Join the MLB-themed frivolity as we ramble about teams and players doing surprisingly well and surprisingly not-so-well!

We are very excited for this week's show, in which we interview Eric Goldstein--the Executive Assistant Director for Cybersecurity at DHS CISA!  We had a terrific conversation, with a focus on (1) understanding the specific programs and activities that CISA engages in to improve cybersecurity, (2) the highlights from President Biden's cybersecurity executive order, and (3) career pathway insights. We did not neglect the frivolity either--we've got NBA playoff predictions (including that rarest of all NBA discussions: how things are looking for the Knicks and Wizards in the context of the playoffs).    

Recording episode 202 was something of a milestone for us, because we met in Steve's office for an in-person recording for the first time since Before.  Wow!  We're grateful to be back in the "studio," and we found it was a much-more fun experience for us.  See if you can detect the difference as we talk about A GTMO military commission ruling construing the Military Commissions Act prohibition on the admissibility of information derived from torture or cruel, inhuman, or degrading treatment to apply only as to offers of evidence in the trial setting, not to pre-trial motion practice (at least where the statement in question is not offered for the truth of the matter asserted). The judicial carousel at the mil coms prepares to spin again. The sentence-reduction agreement in the Majid Khan case, which will (as that label suggests!) reduce his sentence in exchange for Khan giving up on his effort to secure testimony regarding his treatment while in CIA custody. Some brief comments on the Gaza situation. Noting that Matt Olsen will be nominated to replace John Demers as the head of DOJ's National Security Division, continuing the tradition of excellent leadership in that office. We also have all sorts of utterly frivolous thoughts about Top Gun and the Top Gun sequel, as well as Marvel's plan for a Star Lord-focused scripted podcast series set in a dystopian non-cinematic universe timeline. Can't wait!

Our latest episode is shorter than normal because...well, we recorded most of it and then lost the file.  Suffice to say we were a bit tired by the time the re-recording was done!  Or maybe we're better off this way?  Either way, tune in for our thoughts on the DC Circuit's en banc grant in the al Hela GTMO detainee case (asking whether the Fifth Amendment Due Process Clause applies at GTMO), the ACLU's attempt to get SCOTUS to review a FISCOR decision relating to the ACLU's efforts to compel public release of FISC opinions on First Amendment grounds, and the recent FOIA-based release of the 2017 Trump administration changes to the 2013 Obama administration "PPG" rules on targeted kill/capture operations outside of areas of active hostilities.

Thanks so much to everyone who attended (virtually) tonight's live recording of episode 200!  It was a blast. We covered: The drawdown in Afghanistan and its legal implications (for the AUMF, detention, habeas litigation, the use of force, you-name-it) The latest developments in the Military Commissions The new round of sanctions against Russian entities--particularly those relating to the SolarWinds episode FBI's use of a Rule 41 search(-and-seizure) warrant to delete webshells off of servers compromised as part of Hafnium's Microsoft Exchange exploitation Taking stock of the Biden Administration on national security law issues at the (very roughly) 100 day stage All that, plus a fun array of audience questions on matters ranging from the professional to the personal. We are grateful for all you listeners.  Thanks for making the first 200 episodes so fun.  Just 3,800 shows to go before we find something better to do!

In this week's episode, co-hosts Steve Vladeck and Bobby Chesney discuss and debate: The proposed Domestic Terrorism Prevention Act (and DOJ's January 2021 response to an earlier version of the DTPA) A pair of recent federal prosecutions involving attempt/conspiracy to provide material support to the Islamic State--and corresponding lessons about the way in which terrorism cases are developed using cooperating witnesses and undercover officers. The DC Circuit's ruling in the al-Tamir (was al-Hadi) military commission case (rejecting the defendant's arguments about the adequacy of the government's proposed remedy for a situation in which the presiding military judge had made rulings while seeking employment elsewhere in the government). We have a National Cyber Director nominee at last, and it's a good one. SCOTUS and the Shadow Docket: insights from the Tandon ruling. All that, plus the usual frivolity!

Welcome back!  This week your co-hosts Steve Vladeck and Bobby Chesney discuss and debate: The PCLOB's report on Executive Order 12,333 The government's decision to shutter Camp 7 at GTMO, consolidating those detainees with others at Camp 5 The proposed DC National Guard Home Rule Act The Supreme Court's decision to vacate and remand (for dismissal on mootness grounds) the Second Circuit's decision finding that President Trump violated the First Amendment by blocking followers on his Twitter account--and Justice Thomas's accompanying comments on ways that the First Amendment might be construed to apply to private social media platforms. A Fourth Circuit's ruling rejecting a Fifth Amendment Due Process challenge to the Terrorist Screening Database system All that, plus opening day for the Mets!

Just in time for your weekend entertainment, NSL Podcast is back with a new episode. This time the show was recorded live before a (Zoom-based) audience of Texas Law alumni, which made for a nice change of pace!  Tune in as co-hosts Steve Vladeck and Bobby Chesney discuss and debate: War Powers reform:  whither the 1991, 2001, and 2002 AUFMs?  Might there even be agreement on how to handle "associated forces" in a 2001 AUMF reform package? The Tsarnaev (Boston Marathon bombing) case: SCOTUS has granted cert on the jury issue, but will the Biden Administration still pursue the death penalty in general? Court martial jurisdiction Judicial deference on security matters -- including IEEPA and CCMC (Communist Chinese Military Companies) designations The Fourth Circuit reinstating the jury's decision convicting a man of acting as an (unregistered) foreign agent for Turkey An extradition of a North Korean citizen...how'd that happen?  

An extra-fun episode because we have an extra person with us tonight: Texas Law 3L Jake Bishop, our special guest host!  Jake, thanks for joining in the fun! Tune in, as Jake and co-hosts Steve Vladeck and Bobby Chesney discuss: The return of the PPG?  The Biden administration reinstates, for now, certain rules regarding the use of lethal force outside areas of active hostilities. Will it last? Does it matter? AUMF reform: the 2002 (and 1991!) AUMF version AUMF reform: the 2001 AUMF version The prospects for a "covert" response against Russian networks in relation to SolarWinds, and whether that makes any sense Steve's (apparently brutal) oral argument before the CAAF today Oh, and apparently there is a sequel to Coming to America?  Maybe they should have tried a bit harder on that one....

Well, it's been a while, thanks to the ice/snow/power/water fiasco we recently underwent in Texas.  But, though tired and not very prepared, we are back tonight!  Tune in as co-hosts Steve Vladeck and Bobby Chesney discuss and debate: The domestic and international law grounds cited by the Biden administration for its recent airstrike in Syria An update on the situation regarding high-value Islamic State detainees held by the SDF in Syria (and whether they ever were in US custody) A note on the role of "true threat" charges in insurrection-related cases: how specific (if at all) must such charges be vis-a-vis the threatened object of the threat? More developments at GTMO The Biden administration's response to Kashoggi in comparison to its response to Navalny And some rather-rambling frivolity, mostly in the anticipation for Coming 2 America dropping in a few days.