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.

The National Security Law Podcast

Episode 245: 100 Days Later…

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).

Episode 244: Not Our 30th Episode of 2023

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...

Episode 243: Boiled Froggy Water Under the Bridge

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).

Episode 242: A Rule of Law (and Punctuation) Free Episode!

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!

Episode 241: Let’s Barbie!

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.

Episode 240: Something Got Released

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... :)

Episode 239: We Have Many Tapestries!

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!

Episode 238: The World Wonders

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.

Episode 237: Are You Not Detained???

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?

Episode 236: Damn the Torpedoes!

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.

Episode 235: A Drone Struck

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.

Episode 234: Not *That* Linda Hamilton

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!

Episode 233: This Episode Was (Not) Written by 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

Episode 232: Top Gun 3: Deflategate!

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.

Episode 231: If You Go to Washington Don’t Crime There

Unpacking the Legal Issues Behind the Headlines

hubhopper

The National Security Law Podcast

hubhopper