The National Security Law Podcast – Détails, épisodes et analyse

Hello friends, and welcome back to the NSL Podcast with Professor Vladeck and Dean Chesney.  Tune in for a detailed discussion of the bizarre plea-deal-wait-nevermind-no-plea-deal situation that unfolded last week in relation to three of the four remaining military commission defendants in the 9/11 prosecution, as well as a breakdown of the Supreme Court's presidential immunity (from prosecution) case. Do these guys spend too much time talking about the Mets, and Star Wars, and House of the Dragon/Game of Thrones? Well, yes, sure, but it beats having the show interrupted by advertisements, no?

Betcha thought we were done...but we're back!  Tune in as Steve Vladeck and Bobby Chesney discuss and debate the latest (ok, some of this stuff is months old) national security law and related developments, including: The renewal of Section 702 (aka our first contribution to the rapidly-upcoming debate over the next renewal) The conviction of the former president in New York Court (and the prospects for SCOTUS to get involved) Speaking of SCOTUS: we're waiting on a *LOT* of big decisions over the next two weeks, including the presidential immunity claim, social media content moderation jawboning, and more We've also got an upcoming oral argument in the Florida federal court trial of the former president in relation to classified documents TikTok & Bytedance v. Garland: we discuss the prospects for the First Amendment claim, as well as the prospects for a Takings argument and, perhaps the sleeper topic among these, the Bill of Attainder argument Of course there's frivolity too.  Lots of it.  Watching the Acolyte? The Mets?  House of the Dragon?  Hitman?  Mr. Bates vs the Post Office?

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.

Welcome back to the National Security Law Podcast!  Tune in as Professors Vladeck and Chesney debate and discuss the week's national security law news, including: Trumplandia: The House Intelligence Committee's report shines a spotlight on certain call records, leading some to question how such records lawfully are obtained by investigators.  This leads to a discussion of the Fourth Amendment, the third-party doctrine, the Stored Communications Act, and both grand jury and congressional subpoenas. More Trumplandia: The Second Circuit has ruled against an effort to prevent Deutsche Bank and Capital One from complying with a Congressional subpoena for Trump-related records, adding to the slew of cases on this topic. Adham Hassoun and indefinite immigration-law detention for dangerous persons: Back in episode 116 we noted that Hassoun had completed his 15-year sentence (following a conviction for involvement in a murder conspiracy under 18 USC 956(a)), but is being held pending removal...with little prospect for effecting that removal, given his stateless-status.  He is now subject to the not-previously-used USA PATRIOT Act Section 412 authority, which involves an initial 7-day window for detention and then calls for semi-annual judicial review.  The case presents both procedural due process and substantive due process issues. Designating Mexican drug cartels as "foreign terrorist organizations"--President Trump says this is in the works at last, so we review the legal and policy aspects. National Security Division Roundup: We offer brief notes on a few major recent developments in terrorism-related cases. But it's all about the frivolity, so stay till the end for our idle opinions on what ought to happen with the College Football Playoffs final four, and especially for our take on episode 4 of the Mandalorian.

Happy Thanksgiving to all!  If you are stuck in an airport or on a long drive this week, we've got you covered for at least one hour, as Professors Chesney and Vladeck discuss and debate: The military commission cases: we provide a full "reset" bringing you up to speed on where things stand with each of the major cases (including a reminder about an important pending motion in the 9/11 case) National Cupcake Day gives way to the Ides of March, as Congress pushes the sunset for several notable FISA provisions from 12/15/19 to 3/15/20 The Secretary Esper/Spencer dispute and the good-order-and-discipline issue raised by the president's intervention in the Gallagher case CENTCOM and SDF get the band back together in Syria, and detainees result...which is a timely reminder that we still depend on SDF to run detention ops in Syria. Subpoena time for Don McGahn?  We consider the prospects on appeal, as well as the implications for former National Security Advisor John Bolton. But of course what you really want to know is what your hosts think of episode 3 of the Mandalorian.  That, plus Lamar Jackson!

Episode 144 is here! It was no easy task to sort out which topics to discuss this week, but in the end the Trumplandia segment prevailed over almost all the others.  The end result?  Tune in to hear Professors Chesney and Vladeck discuss and debate: The latest developments in the Impeachment Inquiry (including today's testimony from Ambassador Sondland). President Trump's decision to issue pardons to two soldiers facing murder charges and to restore rank to a Navy SEAL previously convicted for posing for pictures with a dead detainee. The Trump Administration's apparent decision to alter the longstanding U.S. position that Israeli settlements in occupied territory violate international law. The latest twist in the two Mazars subpoena cases, including the administrative stay issued by Chief Justice Roberts in of them. Attorney General Barr's barn-burner of a speech to the Federalist Society's National Convention, which offered a controversial take on an array of presidential power and national security law issues (including a surprise appearance by the Supreme Court's 2008 Boumediene decision (cast in the unlikely role of most-outrageous infringement of Article II powers decision ever). A district court decision in the Muthana case, resolving it on narrow factual grounds. From there, it's a pop culture spoiler fest, with reviews of the first episode of the new season of The Crown and the first two episodes of The Mandalorian.  Hey, how about a cross-over between those shows???

When you are done watching the impeachment hearings and just can't take it anymore, it's time to open up a can of ... National Security Law Podcast!  For your happy hour or other occasions, we've got a fresh episode. Tune in as Professors Chesney and Vladeck discuss and debate: Yesterday's SCOTUS argument in Hernandez (the cross-border shooting case, which Steve argued!) Alasaad v. Nielsen, in which a district judge rejects the government's position that the Fourth Amendment border exception applies with its usual force in relation to comprehensive searches of phones and other electronics at ports of entry.  Key takeaway: there still is no *warrant* requirement, yet there is a requirement not only that there be reasonable suspicion but that said suspicion concern the presence of *contraband*--i.e., no fishing expeditions for other purposes. National Cupcake Day (Dec. 15) approaches...and with it, the sunset for a series of foreign-intelligence collection authorities (Lone Wolf, Roving Wiretap, Section 215, and USA Freedom Act CDRs) Rumor has it...that President Trump wants to can the IG for the IC on the ground that his handling of the Vindman complaint was not sufficiently loyal.  Ugh.  But make no mistake: Presidents can remove IGs if they want; they are not protected by for-cause limitations. Not impeachable if no ultimate follow-through?  Sigh.

What fun!  We recorded this one in front of a large live audience at the Annual Review of the Field conference run by the ABA Standing Committee on Law and National Security, and we did it as a joint podcast with our friends at ABA's National Security Law Today podcast: Elisa Poteat and Yvette Bourcicot!  We covered: Islamic State detainees, included (but not limited to) the Beatles The approach of National Cupcake Day (a.k.a. December 15th, a.k.a. the date when several FISA surveillance and document-production authorities will sunset if Congress does not act) A review of three key Supreme Court cases that are pending this term (cross-border shootings and the Constitution, the Suspension Clause, and the President's power to remove independent agency heads) All that and more, but, alas, no frivolity this week!  We just didn't have the time.  But, don't worry we'll be twice as frivolous next week!  

Granted, it's not Days of Future Past, but our episode 141 is still pretty good!  This week, Professors Vladeck and Chesney discuss and debate: The al-Baghdadi raid (and misunderstandings about Congressional notification) A GTMO habeas decision in Abdulrazzaq Who will be the next Secretary of Homeland Security? Debating the authority of an Acting Secretary to alter the order of succession at slots #4 onward... Trumplandia & Impeachment: What to make of the decision to vote on authorizing the inquiry after all?  And is anyone left waiting to be persuaded one way or the other? Frivolity, inevitably, covers the World Series (especially the controversy from Game 6), with some GoT for spice along the way!  

We've got a short one this week, but also we didn't plan or prep much, so we have that going for us! Tune in as Professors Vladeck and Chesney discuss the 2nd Circuit oral argument in Trump v. Vance (regarding the President's claim of temporary immunity from criminal investigation), and a pair of important Supreme Court cert. grants (one involving the scope of the Suspension Clause, and the other giving rise to the possibility of a ruling undermining the constitutionality of the "independent" agency model (in which President's may not remove agency heads at will).  But as always there is frivolity too, so stay to the end for a take on the new Star Wars trailer as well as NBA predictions!