The National Security Law Podcast

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? Do...

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...

We had great fun recording this one, thanks to special guest Greg Gisvold (consultant and senior fellow with the Rule of Law Collaborative at the University of South Carolina) is the winner of a recent charity raffle in which the prize (or penalty???) was … cohosting the show with us!  That proved to be great news for us, for Greg’s work around the globe working in support of rule-of-l...

This week on NSL Podcast, co-hosts Steve Vladeck and Bobby Chesney discuss The proposition that the First Amendment (particularly the  Brandenburg rule) might matter for the Senate’s trial of the impeachment of Donald Trump The D.C. Circuit’s ruling rejecting subject-matter jurisdiction over Philip Sundel’s attempt to gain access to a closed proceeding in the  al Qosi  litigation...

And then it was over. Wow.  Here’s hoping we can focus on traditional national security law topics from now on!   Today is a pretty good start. We’ve got: A new administration needs a welcoming gift…so, here’s a delightful basket of…military commission charges involving the Bali/Jakarta bombings??? A parting gift from Army Secretary McCarthy: AR 190-8 no longer applic...

We’re back with further discussion of the insurrection: Is it constitutional for the Senate to carry on with trial of an Article of Impeachment if the impeached official is no longer in office? Yes, yes it is. Disqualification from future office is a separate and independent purpose of the trial phase, independent of removal from office; where it otherwise, any half-wit could avoid such puni...

Today was a national tragedy of the first order. Tonight we discuss: the many crimes that definitely were committed, and certain other crimes — particularly seditious conspiracy — that may have been committed (and how that relates to the First Amendment Brandenburg test) the bizarre and indefensible lack of a strong police presence and a proper National Guard response (including an unp...

How about a surprise mini-episode on New Year’s Eve???  Sure, why not!  Tune in for…well, not much.  We just wanted to say hi, happy new year, thanks for being listeners, and 2020-Don’t-Let-The-Door-Hit-You-On-The-Way-Out!

Hello from Austin, home of SolarWinds and CyberTrucks! [ed. note:  uh, no.  Let’s go with home of bbq and tacos instead]   We’re back with another round of discussion and debate with Professors Steve Vladeck and Bobby Chesney, as they cover: Erica Newland’s NY Times op-ed arguing that DOJ attorneys should have resigned early on during the Trump administration What exactly counts...

Hey, we’re back on our weekly schedule!  How ’bout that…now we’ll probably skip the next three, but hey, until then, we’ve got a quite a show, not to mention the launch of our holiday charity drive! What’s that all about?  Well, it’s simple: give $5 or more to Casa Marianella , forward the emailed receipt that you get from them to ThisIsTheWay@strausscente...

It’s National Safe Harbor day (for all you Electoral College enthusiasts), and we’re here to celebrate with a new show.  Join for spirited but respectful debate between Professors Chesney and Vladeck as they discuss: The legal basis for a possible presidential action to compel Pfizer to bump the United States ahead of other countries when it comes to accessing vaccine doses beyond the...

And…we’re back! Tune in as Professors Steve Vladeck and Bobby Chesney discuss the latest in national security legal developments, including: Prospects for the Biden Administration to chart a new course with respect to (a) the use of military detention at GTMO, (b) the transfer of GTMO detainees approved for such transfer already, or (c) the use of military commissions as the vehicle fo...

In this week’s episode, co-hosts Steve Vladeck and Bobby Chesney discuss and debate: The array of firings and appointments of senior Defense Department officials The law governing the General Services Administration and support for presidential transitions Whether it is appropriate to place pressure on Jones Day (and their other clients) based on the involvement of Jones Day lawyers in elect...

We are back, but alas we’re here to talk about the election!  If you were hoping for a national security-focused escape from the election, well, we’ll make it up to you soon)!

And we’re back, after a(nother) week off!  What do we have to show for it? Tune is as co-hosts Steve Vladeck and Bobby Chesney as they review: Steve’s Supreme Court argument in  Briggs — more military justice at SCOTUS! Speaking of the Court: whither the role of the Chief once he’s not obviously the fifth vote? Who will be the new swing justice? And what to make of the Cour...

They may or may not have more presidential debates, but you’ll always at least have us!  Tune in for this week’s episode as Professors Chesney and Vladeck review the latest national security law developments: The two so-called Islamic State “Beatles” have now arrived in Virginia to face criminal prosecution in civilian court. Meanwhile, the trial before a military commissio...

We’re not a biweekly show, we promise!  It just seems that way sometimes…like this week, when we are bringing you: Discussing the passing of Justice Ginsburg and potential implications of the Amy Coney Barrett nomination for national security and rule of law cases Breaking down the separate opinions enjoining IEEPA sanctions against WeChat (on First Amendment grounds) and TikTok (on IE...

So we took a week off without warning because, you know, 2020.  But we’re back, and we sure don’t lack for things to discuss and debate!  Tune in as co-hosts Steve Vladeck and Bobby Chesney weigh in on: The NY Times story reporting a request from AFRICOM to expand targeting authorities involving al Shabaab in Kenya in particular. The President’s denial, and then confirmation, tha...

We are back after a week off, and apparently your co-hosts used the extra time to sharpen disagreements about old school topics like … GTMO!  Tune in for: An extended debate over the D.C. Circuit’s  Al Hela  decision, including everything from the scope of the NDAA FY’12 detention provisions to the applicability of the Due Process Clause at GTMO A shorter discussion of similar is...

We are back with a new episode, bringing you respectful disagreements and discussion–not to mention heaps of frivolity–about the latest national security law news.  This week, co-hosts Steve Vladeck and Bobby Chesney discuss: Attorney General Barr’s offer to eschew the death penalty in order to enable the UK to provide the US with inculpatory evidence against the two Islamic Stat...

We were out last week…what’d we miss? Oh. So, there was much we could have covered this week, but we decided to focus on these three: The First Circuit ruling vacating the Tsarnaev (Boston Marathon Bombing) death penalty based on concerns about jury bias The President’s decision to sanction TikTok and WeChat Legal questions raised by the quartet of executive orders and other pres...

We delay this program just fine without his help, thank you very much.  Well, I guess you can see what we are leading with this evening.  The run-of-show: President Trump’s suggestion about delaying the election Michael Cohen will be home, and writing, after all Michael Flynn, on the other hand, can’t be so sure about staying home thanks to the en banc D.C. Circuit (until he gets a par...

This week we don’t lack for topics, to say the least. Tune in for in-the-weeds discussion of: Trumplandia meets Portlandia 1: What’s the legal basis for DHS components engaging in law enforcement activity there? Trumplandia meets Portlandia 2: Since when can you just shoot a non-violent person in the head with a “less-than-lethal” round? Trumplandia meets Portlandia 3: What...

We’re back, with a Supreme-Court focused episode!  Tune in for: The Supreme Court’s twin decisions in the New York grand jury and Congressional subpoena cases The consequences of those decisions for related litigation such as the Don McGahn subpoena case The  McGirt decision on the Muskogee nation’s control of territory in eastern Oklahoma The petition for en banc review in the M...

This week on NSL Podcast, co-hosts Steve Vladeck and Bobby Chesney review and debate the latest national security legal news, including: Russian “bounties” on U.S. forces in Afghanistan, including (theoretical) legal implications A district court ruling finding the government lacks sufficient evidence to hold Adham Hassoun under Section 412 of the USA Patriot Act The Julian Assange pro...