The National Security Law Podcast

By Bobby Chesney and Steve Vladeck

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 Nov 8, 2019


Unpacking the Legal Issues Behind the Headlines

Episode Date
Episode 199: Why Is There No SJA Aboard the Starship Enterprise?
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...
Apr 13, 2021
Episode 198: What Tattoo Should Steve Get?
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...
Apr 05, 2021
Episode 197: Statler and Waldorf
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...
Mar 26, 2021
Episode 196: Good…and Terrible!
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...
Mar 10, 2021
Episode 195: Sparkly Rainbow Snowboots!
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...
Mar 03, 2021
Episode 194: This Podcast Is Integrity-Curious
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...
Feb 11, 2021
Episode 193: ‘Tis Better to Have Impeached and Lost …
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....
Feb 04, 2021
Episode 192: So…What Do We Do Now?
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,...
Jan 22, 2021
Episode 191: The Biggest Fiasco of Them All
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...
Jan 13, 2021
Episode 190: Day of Infamy
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...
Jan 07, 2021
Episode 189: Merry New Year!
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!
Jan 01, 2021
Episode 188: Not *That* Enterprise
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...
Dec 22, 2020
Episode 187: Trumplandia in the Twilight
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...
Dec 16, 2020
Episode 186: Jumping the Kraken!
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...
Dec 08, 2020
Episode 185: The Blah-to-Coup Ratio is Increasing
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...
Nov 30, 2020
Episode 184: Make Rule 11 Great Again!
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...
Nov 11, 2020
Episode 183: It’s Late, and We’re Loopy
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)!
Nov 06, 2020
Episode 182: This Podcast Will Keep Going Until They Come For Us!
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...
Oct 22, 2020
Episode 181: This Podcast Has Lots of Jitter
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...
Oct 08, 2020
Episode 180: This Podcast Really Should Be Weekly…
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...
Sep 29, 2020
Episode 179: This Podcast Is “Considerably Recalibrated”
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...
Sep 16, 2020
Episode 178: What Would Robert Jackson Do?
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...
Aug 31, 2020
Episode 177: This Podcast Does Not Have a Navy
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...
Aug 21, 2020
Episode 176: This Podcast Won’t Play Football This Fall
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...
Aug 10, 2020
Episode 175: The President Has No Authority to Delay This Podcast
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...
Jul 31, 2020
Episode 174: Portland Trailblazing
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...
Jul 21, 2020
Episode 173: This Is John Roberts’s Podcast
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...
Jul 10, 2020
Episode 172: Cleanup on Aisle Trump!
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...
Jul 02, 2020
Episode 171: There’s a Spectrum of Corruption
We’re back with an evening recording, as co-hosts Bobby Chesney and Steve Vladeck weigh in on: The D.C. Circuit’s Mike Flynn ruling, and the likely path ahead The bizarre process of removing SDNY US Attorney...
Jun 26, 2020
Episode 170: This Podcast Is Not Subject to (Prior) Restraint
In the latest episode of the National Security Law Podcast, co-hosts Professors Steve Vladeck and Bobby Chesney discuss: Juneteenth, the Emancipation Proclamation, and War Powers DOJ’s doomed effort to get a prior restraint preventing publication...
Jun 19, 2020
Episode 169: Now We’re a Third Amendment Podcast
After an extra-long break, we are back…and swamped!  Tune in for debate and discussion of, among other things: The National Guard deployments to Washington, DC, including questions of status, command, and authority The special circumstances...
Jun 12, 2020
Episode 168: On the Brink with the Insurrection Act
Tonight we bring you a special episode, recorded jointly with Ben Wittes as an episode of the Lawfare Podcast.  Ben, Bobby, and Steve explore the threatened invocation of the Insurrection Act by President Trump, the...
Jun 02, 2020
Episode 167: Podcast Emergency Action Documents
Welcome back to the nerdiest national security law show around!  Tune in this week for debate and discussion between Steve Vladeck and Bobby Chesney regarding: Inspector General firings Presidential Emergency Action Documents Mike Flynn’s sentencing...
May 21, 2020
Episode 166: This Podcast Has Temporary Absolute Immunity
Welcome back to the National Security Law Podcast, after a one-week hiatus!  (You can actually watch the recording here, if you need more Zoom in your life). In this episode, Steve Vladeck and Bobby Chesney...
May 14, 2020
Episode 165: This Podcast Prefers Its Nothing Burgers to Be Medium Rare
What a fun episode!  Co-hosts Bobby Chesney and Steve Vladeck recorded “live” before the Austin Bar Association, as the finale of their day-long Zoom conference.  On tap: The ODNI report on FISA statistics: We have...
May 02, 2020
Is this our most-substantive episode ever?  No, no it’s not.  Is it a sign that co-hosts Steve Vladeck and Bobby Chesney are going a bit stir crazy?  Perhaps so.  Does it feature cute cameos from...
Apr 22, 2020
Episode 163: This Podcast Will Have a Very Powerful Reopening
And we’re back, with discussion of the latest national security law news. (Video of the show here!)  This week, co-hosts Steve Vladeck and Bobby Chesney nerd out with the details on: Can he do that?...
Apr 16, 2020
Episode 162: The Penn Is Mightier Than the Sword!
We are “live” from Penn Law today!  Thanks to the Penn Law National Security Society, not to mention the magic of Zoom, we recorded today with a virtual audience.  Tune in for your co-hosts, Professors...
Apr 08, 2020
Episode 161: This Podcast Was Recorded “Before There Were Privacy Laws”
It’s not April Fool’s trick, we really are back with a new episode covering the latest in national security law news. Watch the video here, if you aren’t getting enough Zoom.  This week we’ve got:...
Apr 02, 2020
Episode 160: This Podcast Is Invoking “P”!
This is our second lockdown episode, simulcast as a Zoom-based video!  If you didn’t believe us before about our commitment to production authenticity, well you will if you watch the video version! [ed. note: guys, that’s...
Mar 27, 2020
Episode 159: This Podcast Is Zoom-y!
We may be on home lockdown, but that didn’t stop us from recording!  Thanks to the magic of Zoom, we gathered online to record this episode, and just for kicks we recorded the video while...
Mar 21, 2020
Episode 158: What SCOTUS Can Learn from Franklin Barbecue
Are you “working” from home now?  Perhaps it’s time to take a break and enjoy the latest episode of the National Security Law Podcast.  In a discussion that takes the goal of let’s-not-prepare-too-much to new...
Mar 11, 2020
Episode 157: At Least There Are No Zombies…Yet
Back-to-back episodes!  After yesterday’s interview-focused show, we wanted to get right back into the mix with discussion and debate over the latest national security law news.  Tune in for:  Beyond quarantine: What happens when local...
Mar 04, 2020
Episode 156: This Podcast Is VUCA!
We are back with an interview-focused episode! Tune in as Professors Chesney and Vladeck interview Brigadier General John G. Baker, USMC.  General Baker is Chief Defense Counsel for the military commissions at Guantanamo. And, yes,...
Mar 03, 2020
Episode 155: This Podcast Is Not Wearing a Facemask (But It Did Wash Its Hands)
This week in the wild world of national security law, your co-hosts Professors Vladeck and Chesney discuss and debate: The prospects for legislative change to FISA (the Foreign Intelligence Surveillance Act), including notes on a...
Feb 26, 2020
Episode 154: This Podcast Is Not Just a “Piece of Metal”
This week on NSL Podcast, co-hosts Steve Vladeck and Bobby Chesney discuss and debate: The U.S. government’s formal statement to Congress on the legal rationale for its airstrike against General Soleimani Trumplandia and law enforcement:...
Feb 19, 2020
Episode 153: This Podcast Has All the Elsas (But No Eminem)
And we’re back, with a fresh episode at last.  Tune in as co-hosts Steve Vladeck and Bobby Chesney discuss and debate the latest national security law developments.  This week they cover: Donald Trump pressuring Main...
Feb 12, 2020
Episode 152: John Bolton Is Welcome to Testify on this Podcast
After a wholly-frivolous episode last week, we are back with…well…a slightly-frivolous episode this week.  Tune in as your co-hosts Steve Vladeck and Bobby Chesney review and debate: The likely procedural, jurisdictional, and other legal issues...
Jan 29, 2020
Episode 151: This Podcast Deserves (at Least) One Vote for the Hall of Fame
Oh heavens, what were they thinking?  This week on the National Security Law Podcast, your hosts Steve Vladeck and Bobby Chesney bring you…well, not a single second of national security law talk.  Nope, instead this...
Jan 22, 2020
Episode 150: This Podcast Can’t Spell Sesquicenteninial!
It’s episode 150, and to celebrate we have a special guest: The Director of the Cybersecurity and Infrastructure Security Agency (CISA), Christopher Krebs!  That’s right, we’ve got all the cybers this week, and a fun...
Jan 16, 2020
Episode 149: This Podcast Will Not Serve as a Notification to Anyone About Anything
Not surprisingly, this weeks episode focuses entirely on the set of legal and policy questions raised by the airstrike that killed, among other, the Iranian general Qassim Soleimani in Iraq.  But of course there is...
Jan 06, 2020
Episode 148: This Podcast Is “Thug #7”
Tired of watching the impeachment?  Turn away from your monitor/tv, put in your earbuds, and go for a nice walk while listening to the latest National Security Law Podcast!  This week we have Professors Chesney...
Dec 18, 2019
Episode 147: Sometimes You Get a Donald J. Trump
Welcome back to the National Security Law Podcast!  This week we discuss: The two Articles of Impeachment The Inspector General’s Report on the origins and conduct of the FBI’s investigation into Russian election interference Amazon’s...
Dec 10, 2019
Episode 146: What’s In Your Wallet? A Subpoena!
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...
Dec 04, 2019
Episode 145: The Meh-mometer Is Stuck at Meh
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:...
Nov 26, 2019
Episode 144: Lawful But Awful
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...
Nov 20, 2019
Episode 143: We won an award?!?
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...
Nov 13, 2019
Episode 142: We’ve Got Company!
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...
Nov 09, 2019
Episode 141: The House Has Voted to Authorize This Podcast
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...
Oct 30, 2019
Episode 140: We Almost Tried Hard!
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...
Oct 23, 2019
Episode 139: Hello from Austin…Hall?
We recorded today before a live audience in Austin! Austin Hall, that is, on the campus of Harvard Law School!  Special thanks to Matt Morris and the great students of the Harvard National Security &...
Oct 17, 2019
Episode 138: “That’s Nobody’s Business But the Turks”
In addition to quoting They Might Be Giants lyrics, this week’s episode features cohosts Bobby Chesney and Steve Vladeck taking on three big issues: The Impeachment Inquiry & the White House Counsel’s Letter on Non-Cooperation...
Oct 09, 2019
Episode 137: Do Us a Favor Though Because This Podcast Has Been Through a Lot
So, you’ll never guess what we’re going to talk about in this week’s episode. [Editor’s note: Guys, you can’t just say that and then put in no further details in these shownotes. Get back to...
Sep 26, 2019
Episode 136: This Podcast Needs a Reboot!
And we’re back, with a lot of news to cover!  Tune in for discussion and (respectful) debate with our cohosts, Professors Vladeck and Chesney, as the review: Is it proper for the DNI to withhold...
Sep 18, 2019
Episode 135: Do You Hear the Podcast Sing
Tune in to the latest episode of the National Security Law Podcast as your co-hosts Professors Chesney and Vladeck discuss and debate: On the 18th anniversary of the 9/11 attacks: which elements of current counterterrorism...
Sep 11, 2019
Episode 134: A Very Brady Episode
And we are back with more discussion and debate of the latest national security legal news! Tune in for cohosts Steve Vladeck and Bobby Chesney as they take up: Domestic terrorism and the questions such...
Sep 04, 2019
Episode 133: You Are “Hereby Ordered” To Listen To This Podcast
Well, that’s not quite what the President said.  It was something about American companies and trade with China, not you and your podcast app.  And IEEPA can’t be used to make anyone listen to this podcast, we...
Aug 28, 2019
Episode 132: On the Way to Greenland!
And we are back with more debate and discussion concerning the latest national security and law news!  In this week’s episode, co-hosts Bobby Chesney and Steve Vladeck explore: The legal complexities that followed from the...
Aug 20, 2019
Episode 131: El Paso and Domestic Terrorism
This week’s episode features an extended discussion of domestic terrorism as a legal category and as a policy category, in light of the attack in El Paso.  Among other aspects, we discuss: Substantive criminal charging...
Aug 06, 2019
Episode 130: In Case of Vacancy, Who Becomes Our Acting Podcast Host?
And we’re back with a new episode, with co-hosts Steve Vladeck and Bobby Chesney discussing and debating the latest national security law news (and, let’s face it, engaging in *lots* of digressions).  This week we’ve...
Jul 31, 2019
Episode 129: This Is Quite the War Powers Podcast
This week on the National Security Law Podcast, with co-hosts Bobby Chesney and Steve Vladeck: War Powers: Congressional testimony from the State Department’s Acting Legal Advisor confirms that the administration has placed AQIM on the list...
Jul 24, 2019
Episode 128: Now Witness the Power of this Fully Armed and Operational [PCLOB]!
For our latest episode, we offer you NSL Podcast Mad Libs in lieu of show notes! We’re back after a __ [number]-week break, and there have been some ____ [noun] security law developments in the...
Jul 17, 2019
Episode 127: It’s Bobby Bonilla Day!
Welcome back to the National Security Law Podcast, where co-hosts Bobby Chesney and Steve Vladeck cross-swords with courtesy and nerdistry while reviewing the latest national security legal news (along with a healthy does of frivolity...
Jul 01, 2019
Episode 126: Sometimes, “Nothing” Is Important
We are back with the latest in national security legal developments, with Professors Chesney and Vladeck agreeing where they can and arguing respectfully (and, let’s face it, nerdishly) where they can’t.  On tap this week:...
Jun 26, 2019
Episode 125: Worst of Both Worlds
We are back with the latest national security law news, with your co-hosts Steve Vladeck and Bobby Chesney explaining, debating, and–let’s face it–geeking out.  This week we’ve got: War Powers: The latest events in the...
Jun 18, 2019
Episode 124: Who’s Ron Swanson?!?
And we are back, after a one-week hiatus, with loads of national security law debate and discussion, not to mention some Grade B frivolity! On tap for Professors Vladeck and Chesney: Detention of Enemy Combatants:...
Jun 13, 2019
Episode 123: Our Gym Was Named for the Espionage Act Guy???
In a final episode before taking a one-week travel break, co-hosts Bobby Chesney and Steve Vladeck discuss and debate an array of recent national security law developments including: Assange & the Espionage Act: DOJ has...
May 28, 2019
Episode 122: That Didn’t Fly for Buchanan…
In this week’s episode, Professors Vladeck and Chesney discuss and debate: The district court ruling in Trump v. Committee on Oversight, in which the court rejects an attempt to quash a subpoena directed at an accounting...
May 21, 2019
Episode 121: The Persian Gulf of Tonkin
In this week’s episode, Steve Vladeck and Bobby Chesney debate and discuss the latest national security legal news, including: Iran – The prospect of some form of armed conflict with Iran, and the various legal...
May 15, 2019
Episode 120: Bran, Bron, What’s the Difference?
And we’re back!  Tune in as Professors Chesney and Vladeck discuss and debate the latest national security legal news, including: The legal framework for Congressional subpoenas (and the problems that arise when the Executive Branch...
May 07, 2019
Episode 119: This Podcast Is Dark and Full of Spoilers
After a one-week hiatus, the NSL Podcast is back!  Tune in for debate and discussion as Professors Vladeck and Chesney talk about: The Mueller Report and its aftermath Impeachment vs Censure The Trump Subpoena litigation...
Apr 30, 2019
Episode 118: Steve Targaryen, First of His Name
This week we debate three timely topics: Al Nashiri Part 7,146: the D.C. Circuit has issued a unanimous ruling slamming former Judge Spath for failing to disclose a manifest conflict of interest, slamming pretty much...
Apr 17, 2019
Episode 117: Y’all Got Designated
Live episode!  We recorded this morning before a live audience at the University of Texas School of Law reunion weekend.  It was a packed house of terrific alumni, and happily the week’s news conspired (pardon...
Apr 13, 2019
Episode 116: This Podcast Can Only Be Detained for Six Months
Join us as Professors Vladeck and Chesney discuss and debate the latest national security law news!  This week we’ve got: The Adham Hassoun case: Can the government hold a terrorism-related individual in long-term immigration custody...
Apr 02, 2019
Episode 115: This Podcast Does Not Have a Grandparent Born in Ireland
We are back after a spring break hiatus, and we do not lack for things to discuss and debate in the wide world of national security law.  Tune in for: What we can make of...
Mar 25, 2019
Episode 114: Manafortnite
This week’s show features debate and discussion between co-hosts Professors Steve Vladeck and Bobby Chesney regarding: Paul Manafort: comparing his first and second federal sentences, and the timing of the new New York State charges...
Mar 13, 2019
Episode 113 – 702 : Madison :: 215 : Hamilton
So much to debate, so little time! Tune in as Steve Vladeck and Bobby Chesney plow through a host of recent (and not-so-recent) events in the world of national security law: Fazaga v. FBI –...
Mar 06, 2019
Episode 112: And the Oscar Goes To…NSL Podcast!
The Oscars may not have a host, but we do!  Tune in to our latest episode as co-hosts Steve Vladeck and Bobby Chesney debate a wide range of national security developments from the past week,...
Feb 26, 2019
Episode 111: This National Emergency Podcast Requires the Use of the Armed Forces
Ready to dive deep, way deep, into the president’s national emergency declaration and the resulting lawsuits?  We’ve got you covered.  Tune in as Professors Vladeck and Chesney tease out and debate the nuances. Along the...
Feb 19, 2019
Episode 110: This Podcast Is Not Subject to Military Jurisdiction
Your favorite weekly show combining serious debate about the latest national security legal developments with a healthy dose of frivolity is back! [ed. note: this is the only show like that, so you should delete...
Feb 12, 2019
Episode 109: The State of the Podcast Is Strong!
This week on the National Security Law Podcast, we’ve got: A heavy pace of airstrikes against al Shabaab targets in Somalia Ruminations on declining media attention (and the prospect of a sharper dropoff soon) to...
Feb 06, 2019
Episode 108: Is It Arnold Palmer or Iced Tea-Lemonade?
Unlike Rent Live, all of our personnel participated in this week’s show!  We’ve got: The Venezuela Crisis: International Law complications with dueling recognitions More Venezuela: “5,000 Troops to Colombia” and Section 1021 of the Ronald...
Jan 30, 2019
Episode 107: Clearly Right, Once Again
Welcome back to the National Security Law Podcast!  Where else can you get both a preview of a looming surveillance law debate *and* a fine-grained debate about how best for the NFL to address blown...
Jan 22, 2019
Episode 106: Schools Out For Summer
This week on the National Security Law Podcast, co-hosts Bobby Chesney and Steve Vladeck are joined by Michel Paradis (lead counsel for the defense in the al-Nashiri military commission case) and Captain Brian Mizer (learned...
Jan 14, 2019
Episode 105: That Doesn’t Mean You Do It Stupid!
If your New Year’s Resolution involves finding a podcast exploring the legal aspects of major national security events and institutions, we are here to help!  Start of 2019 the right way with our first episode...
Jan 07, 2019
Episode 104: This Podcast Is a State Secret
Deep-dive alert! That’s right, we are closing out 2018 with a deep-dive episode on the State Secrets Privilege. From Totten to Reynolds and on to the present day, you’ll want to tune in for this hour-long exploration of...
Dec 18, 2018
Episode 103: This Podcast Should Be Dis-BARRed
Interested in the views of Once and Future Attorney General Bill Barr on questions like the power of the president to initiate a war, remove officials, and other hot separation of powers topics?  We read...
Dec 11, 2018
Episode 102: This Podcast Is Bowl-Eligible
It’s the most wonderful time of the year! Or at least it’s the most wonderful time of the week, for we’ve just posted the latest episode of National Security Law Podcast!  Tune in for: Military...
Dec 05, 2018
Episode 101: “To me, [this podcast] is perfect”
And we’re back, full of turkey and much else besides!  We hope you all had a restful and grateful Thanksgiving (or, for our non-American listeners, that you had a wonderful ordinary work week), and are...
Nov 27, 2018
Episode 100! Trumplandia: If I Did It…
It finally happened: a live episode, on the occasion of our 100th episode! Today we recorded at American University Washington College of Law thanks to the good offices of our friend–and co-host this week–Prof. Jen...
Nov 14, 2018
Episode 99: The Deepest Dive: Surveillance, Section 702, and Section 215
This week we’ve got the concluding episode in our trilogy of deep dives exploring the history and evolution of our foreign-intelligence collection legal architecture (see here and here for the two earlier episodes).  Our focus...
Nov 06, 2018
Episode 98: That’s What Leadership Looks Like
In today’s episode we take a break from our deep-dive series on the Foreign Intelligence Surveillance Act in order to reengage with the weekly inflow of national security law news.  We had no choice, really,...
Oct 30, 2018
Episode 97: FISA Part Deux (A Deeper Dive)
Aaaaand we’re back!  Yesterday we posted the first in a series of Deep Dive episodes on the Foreign Intelligence Surveillance Act, covering the origins and early-evolution of the Foreign Intelligence Surveillance Act.  Today, we pick...
Oct 26, 2018
Episode 96: A Deep Dive into…the Foreign Intelligence Surveillance Act
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...
Oct 25, 2018
Episode 95: Not Everybody Be DPH’ing!
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...
Oct 16, 2018
Episode 94: The Enemy of My Friend Is My Enemy
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...
Oct 11, 2018
Episode 93: Is This a Buddy Podcast?
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...
Oct 02, 2018
Episode 92: Have Fun Storming the Castle!
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...
Sep 26, 2018
Episode 91: A Deep Dive Into the History of Military Commissions
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...
Sep 18, 2018
Episode 90: What’d I Miss?
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...
Sep 13, 2018
Episode 89: A Deep Dive into the Steel Seizure Case (Youngstown Sheet & Tube v. Sawyer)
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...
Sep 04, 2018
Episode 88: A Deep Dive into the Anwar al-Awlaki Case(s)
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...
Aug 28, 2018
Episode 87: The D.C. Circuit Ain’t Inquorate
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...
Aug 21, 2018
Episode 86: This Episode Was Not Recorded in the Situation Room!
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...
Aug 14, 2018
Episode 85: Party Like It’s June 28, 2004!
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...
Aug 07, 2018
Episode 84: Happily, We Found Someone Who Knows What They’re Talking About!
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...
Aug 01, 2018
Episode 83: [Steve] Is the Kiss of Death
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...
Jul 25, 2018
Episode 82: Helsinki…Sweden!
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...
Jul 17, 2018
Episode 81: The Road to 10,000
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...
Jul 09, 2018
Ep.80: SCOTUS-palooza
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...
Jun 27, 2018
Episode 79: It’s a Girl!
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. ...
Jun 20, 2018
Episode 78: Live from Singapore, Malaysia (?!?)
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 –...
Jun 12, 2018
Episode 77: Pardon Me?
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...
Jun 05, 2018
Episode 76: The Valley of Ignorance
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...
May 30, 2018
Episode 75: I Hereby Demand, & Tomorrow Will Officially Order, That You Listen to This Podcast
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...
May 22, 2018
Episode 74: We’re Spending It On Barbecue!
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...
May 15, 2018
Episode 73: The Penumbras of the Category
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...
May 08, 2018
Episode 72: This Podcast Was Recorded Before, On, or After 9/11
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...
May 01, 2018
Episode 71: Everyone Knows It Is Saudi Arabia!!!
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...
Apr 24, 2018
(Bonus Episode) Ep.70: The Corker-Kaine AUMF
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...
Apr 17, 2018
Episode 69: Friday Was Quite a Month
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...
Apr 16, 2018
Episode 68: This Podcast Is Not Protected by the Attorney-Client Privilege
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...
Apr 10, 2018
Episode 67: CTRL-F Redaction Fail
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...
Apr 03, 2018
Episode 66: Can You DIG It?
Welcome back for another episode of the National Security Law Podcast, with Professors Steve Vladeck and Bobby Chesney.  It has been another not-at-all slow week.  On tap for today: The CLOUD Act: It’s now the...
Mar 27, 2018
Episode 65: Caging a Tiger
With apologies for short shownotes, here are the headlines for this week’s NSL Podcast: The McCabe firing The prospect of legislation permitting judicial review of any decision to fire Mueller An update of the declaration...
Mar 21, 2018
Episode 64: Beware the Ides of CFIUS!
So there you are on the beach for spring break, drink in hand and headphones on.  Time for some…National Security Law Podcast!  We’re back with a special midweek episode because, well, we’ll never keep up...
Mar 15, 2018
Episode 63: Mueller Is the Only Vulcan in the Room
Out on spring break but still listening to the podcast?  We love it!  Actually, your hosts Professors Chesney and Vladeck are out on spring break too, but before they left town they sat down to...
Mar 12, 2018
Episode 62: Wait–We Have to Talk About GATT?!?
It’s not every week on this show that we get to talk about the Trade Expansion Act of 1962 and the General Agreement on Tariffs and Trade!  And if that’s not an appealing hook to get...
Mar 05, 2018
Episode 61: Judge Pohl Says: “Hold My Beer”
No shortage of topics this week, but then again there was no shortage last week, or before that, or…ever.  So, what’s on tap?  Tune in to hear Professors Chesney and Vladeck explore: A host of...
Feb 27, 2018
Episode 60: TL;DL – This Is Why We Can’t Have Nice Things
An over-long episode with a short title to reflect a very busy–and somewhat bizarre–eight day stretch in the wide world of national security law.  This week, your hosts Professors Chesney and Vladeck weigh in on:...
Feb 21, 2018
Episode 59: Share the Cookies
We don’t lack for topics this week!  In today’s episode, Professors Vladeck and Chesney eat a number of cookies while talking about the following: Rachel Brand steps down at DOJ.  As George III might say,...
Feb 13, 2018
Episode 58: Is It Treason Not to Clap For This Podcast?
Sorry that football season is over?  Lucky for you, the National Security Law Podcast has no offseason!  And lucky for your co-hosts, the world keeps generating new topics for conversation and debate.  This week, Professors Vladeck...
Feb 06, 2018
Episode 57: About that #Mehmo (Special Edition on the Nunes Memo Release)
President Trump has declassified the Nunes Memo and it now is available to the public.  Your hosts–Professors Bobby Chesney and Steve Vladeck–give it a deep-dive review here in a special-edition podcast episode.  Tune in to...
Feb 02, 2018
Episode 56: The State of the Uniom Is…ExStravagant!
You might not want to watch the State of the Union tonight, but don’t miss this episode of the podcast! This week we cover: The missing Russia sanctions?  A statute enacted last summer appears at first...
Jan 30, 2018
Episode 55: #ReleaseThePodcast
Happy anniversary, y’all!  It’s been one full year since we launched this podcast, and we are very grateful for all our listeners.  Here’s hoping there is *less* to discuss in our second year! This week,...
Jan 23, 2018
Ep. 54: Family Ties or Family Matters?
And we’re back, with another weekly dose of national security legal news and analysis.  Fresh off the stove this week we have: Dalmazzi – Steve is just returned from his first Supreme Court argument, in...
Jan 17, 2018
Episode 53: Tanks, Bombs, Bombs, and Guns
In this week’s episode, Professors Chesney and Vladeck take on three sets of issues under the national security law heading: ACLU v. Mattis (the US citizen enemy combatant case): Since the last episode, the government...
Jan 09, 2018
Episode 52: Trump Derangement Syndrome or a Distraction from the Forever War?
Merry New Year! 2018 is underway, but in today’s episode we are looking back at 2017.  More specifically, we are looking back to predictions made in early 2017 regarding the changes President Trump surely would...
Jan 03, 2018
Episode 51: Temporary, Immediate, and Unmonitored Access to this Podcast
Well, 2017 is almost done.  No doubt there are a few more kicks-in-the-pants on the way before it’s all said and done, but hey, we can at least offer you one final episode of this...
Dec 27, 2017
Episode 50: The Big Chill
Are your other podcasts letting you down by taking a holiday break?  Never fear, National Security Law Podcast is here! With two host who would much rather be podcasting than grading exams, you are assured...
Dec 19, 2017
Episode 49: Around the Horn With Interrogation, Detention, Prosecution, and Targeting
In this week’s episode, Professors Steve Vladeck and Bobby Chesney pick up the thread on a handful of familiar issues, and introduce a few new ones as well. Interrogation:  Their first topic is a blend, actually:...
Dec 12, 2017
Episode 48: The Logan Act: Not Just Another Hugh Jackman Movie
In this week’s episode, Professors Chesney and Vladeck catch up with a number of 2017’s most-persistent national security law sagas. For starters, there’s the indictment and plea agreement of Michael Flynn.  What does the charge...
Dec 05, 2017
Episode 47: Donuts and Depth Charges
And…they’re back!  Fresh off of Thanksgiving, Professors Chesney and Vladeck are (all too) fired up to discuss the latest national security law news (not to mention a bunch of stuff that just isn’t relevant to...
Nov 28, 2017
Episode 46: The $15 Million Dollar Man
In this week’s episode, your devoted hosts dig into a bonanza of national security law odds-and-ends. First up is an en banc decision by the Foreign Intelligence Surveillance Court of Review involving the standing of...
Nov 16, 2017
Episode 45: An Inter-Jurisdictional Cluster-You-Know-What?
Has it only been a week?  Yeesh.  Well, we are back!  In this episode, Professors Vladeck and Chesney focus on three topics: The Mueller investigation and the prospect that Mike Flynn may be charged under...
Nov 07, 2017
Episode 44: Interrogation, Prosecution, and Detention Issues in the Wake of the NYC Attack
We are back, one day after dropping episode 43, with an emergency podcast discussion the legal consequences of the horrific attack that occurred in New York City yesterday.  The need for the podcast flows from...
Nov 01, 2017
Episode 43: Unseal this Podcast!
It’s been a busy week in national security law!  In Episode 43, Professors Chesney and Vladeck take on: Mueller-Time: Indictments against Manafort and Gates, and an even-more important plea deal. ACLU v. Mattis and the...
Oct 31, 2017
Episode 42: The Magic Bullet Travel Ban(d)
This week Professors Chesney and Vladeck start with a close look at Smith v. Trump, a case that seeks a judicial ruling on whether the Islamic State really falls within the scope of the 2001 AUMF. ...
Oct 24, 2017
Episode 41: Han Shot First
If you were unsure about whether your hosts are geeks, this episode will help settle the question.  But before we get to what Professors Chesney and Vladeck think they know but don’t really, here’s the...
Oct 17, 2017
Episode 40: It’s a Conspiracy
In this week’s episode, Professors Chesney and Vladeck zero in on four recent developments involving law and national security. First, they explore the Supreme Court’s decision not to review the splintered decision of the en...
Oct 10, 2017
Episode 39: It Is More Likely Than Not That Our FARRA Discussion Will Bore You
If you have ever wondered what statutes, constitutional principles, and judicial precedents come into play when the U.S. government contemplates transferring an American citizen from our military custody to the custody of another government, this...
Oct 04, 2017
Episode 38: How Did We Get Through This One Without Saying “Posse Comitatus”?
Seriously, how did they manage not to say “posse comitatus” during this episode?  Sigh.  In this week’s episode, Professors Vladeck and Chesney do talk at length about various legal issues raised by the devastation in...
Sep 27, 2017
Episode 37: Enemy Combatants, Agents of Foreign Powers
In this week’s episode, Professors Chesney and Vladeck explore three big national security law developments from the past few days. First up: the news that the FISC, on two separate occasions, issued orders authorizing surveillance...
Sep 19, 2017
Episode 36: NSA General Counsel Glenn Gerstell on Section 702
We have a special treat in this off-cycle episode!  NSA GC Glenn Gerstell is in Austin to speak to our students here at UT, and (no doubt against his better judgment) he agreed to sit...
Sep 14, 2017
Episode 35: Will This Be the Year of Military Courts at the Supreme Court?
Will this year’s Supreme Court term be packed with cases relating to military courts?  In this week’s show, Professors Chesney and Vladeck explore the possibility.  The Supreme Court currently has before it an array of...
Sep 12, 2017
Episode 34: January 2019 as the Start of the 9/11 Trial: Over/Under?
In today’s episode, Professors Chesney and Vladeck spend time with three legal topics (before spiraling off into some ill-informed commentary on the college football season).  First, building off a report that FBI arrests of Islamic...
Sep 05, 2017
Episode 33: How About a Presidential Pardon…For This Episode
In this week’s episode, Professors Chesney and Vladeck take advantage of a relatively quiet week for national security law developments in order to range across a number of topics. Being in Texas, we are all...
Aug 30, 2017
Episode 32: Back to the Future…of Afghanistan and GTMO?
Never a dull moment in 2017.  In this week’s episode, Professors Vladeck and Chesney take on four topics (well, four relevant topics…do try to stay with them past their musings on home runs at the Little League...
Aug 22, 2017
Episode 31: We Were Not Mirandized Until Halfway Through This Podcast
In this week’s episode, Professors Chesney and Vladeck make a whole series of blatantly un-Mirandized statements about some of the latest national security law developments.  First, they take up a number of questions relating to...
Aug 16, 2017
Episode 30: Don’t Pop the Accountability Champagne Quite Yet
In this bizarrely-titled episode (ok, they pretty much all have bizarre titles, Professors Vladeck and Chesney take on four national security law developments from the past week. First, they explore the district court ruling in Salim...
Aug 08, 2017
Episode 29: Military Commissions, Military Officers in the Cabinet, the Laws of War, and More
This week’s episode certainly has a military theme.  Professors Chesney and Vladeck start off with a surprisingly (or is it disturbingly?) lengthy discussion of the writ of mandamus litigation currently pending in the D.C. Circuit...
Aug 01, 2017
Episode 28: The North Remembers…the Federal Vacancies Reform Act of 1998???
In this week’s episode, Professors Chesney and Vladeck focus on two subjects: the extradition of Ali Damache and what it might portend for Trump administration counterterrorism policy, and the slate of issues surrounding the potential...
Jul 25, 2017
Episode 27: The AUMF: All You Ever Wanted to Know (and Plenty You Didn’t)
Want a thorough backgrounder on the 2001 Authorization for Use of Military Force?  This is the episode for you. (This also is the episode for you if what you want, instead, is an hour of legal...
Jul 17, 2017
Episode 26: The Impenetrable Podcast Unit
In today’s episode, Professors Chesney and Vladeck focus on three sets of issues.  First, they explore the D.C. Circuit’s June 30th ruling in Jaber v. United States, in which the court on political question grounds affirmed dismissal...
Jul 11, 2017
Episode 25: So Much National Security Law News…We’ve Reached Our Limitrophe
Had you seen the word “limitrophe” before Justice Breyer used it in his dissent in Herndandez v. Mesa? Neither had Professors Vladeck and Chesney, but that doesn’t stop them from exploring the Supreme Court’s action in...
Jun 28, 2017
Episode 24: An AUMF for Westeros?
In today’s episode, Professors Chesney and Vladeck discuss the Supreme Court’s decision in Ziglar v. Abbasi in more detail than you could possibly want.  What’s that one even about, you ask?Damages for alleged violations of...
Jun 20, 2017
Episode 23: She Could Be the Ruckelshaus to Rosenstein’s Richardson
In this episode, Professors Vladeck and Chesney come up with a tongue-twister of a title while exploring the legal fallout from the Comey testimony last week, including discussions of (1) whether Comey’s actions were illegal...
Jun 13, 2017
Episode 22: A Dose of Reality
In this episode, Professors Chesney and Vladeck have a full plate.  The arrest of a contractor named Reality Winner (for having stolen classified information relating to Russian efforts to hack a voting-machine system and providing that...
Jun 06, 2017
Episode 21: A Military Commissions Deep Dive
This episode is a bit different than normal.  Instead of tearing through the latest developments in the wide world of national security law, Professors Vladeck and Chesney instead provide a deep-dive overview of military commissions....
May 31, 2017
Episode 20: The Executive Branch’s Terrible, Horrible, No Good Very Bad Week in Court
It has only been a few days since Episode 19, but Steve and Bobby are worried that fellow national security law geeks won’t have enough @nslpodcast to enjoy during long Memorial Day Weekend roadtrips.  That, plus...
May 25, 2017
Episode 19: Inherent Contempt Works Better With a Congressional Jail
School’s out for summer…but the National Security Law Podcast keeps trucking along.  In Episode 19, we find that the suddenly-student-less professors have used their newfound free time to…wait for it…add music to their intro.  And just...
May 22, 2017
Episode 18: Disclosing Secrets to the Russians Makes Me WannaCry
The guys came back to the office tonight for a rare evening recording session, inspired by a combination of hot-off-the-presses news about the president talking out of turn to the Russians, lack of interest in...
May 16, 2017
Episode 17: On the Firing of Jim Comey
Yes Episode 16 just dropped yesterday, but given the firing of Jim Comey we felt duty bound to get back to the microphones ASAP.  And so here you will find Bobby and Steve reviewing and debating...
May 10, 2017
Episode 16: Authorizing Force Against the Islamic State
In this episode, Professors Vladeck and Chesney walk listeners through a recent proposal by Rep. Adam Schiff to replace the 2001 and 2002 AUMFs with a new “consolidated” AUMF that would explicitly name the Islamic...
May 09, 2017
Episode 15: Skirmishes in the Surveillance Wars
In this surveillance-heavy episode, Professors Chesney and Vladeck dig into a raft of news about foreign-intelligence collection authorities.  They open with an overview of how Section 702 collection authority works, and then unpack the recent...
May 03, 2017
Episode 14: Potential Assange Charges, and More From Some Island in the Pacific
In this episode, Professors Chesney and Vladeck run through the array of potential criminal charges against Julian Assange and Wikileaks (in light of recent rumblings that DOJ has revived that possibility), and they discuss the prospects...
Apr 26, 2017
Episode 13: This Podcast Did Not Go Through the VEP But We Are Releasing It Anyway
Listeners who are tired of listening to just Professors Vladeck and Chesney on this show can take heart!  This week they are joined by special guest Matt Tait, better known online as Pwn All the...
Apr 19, 2017
Episode 12: R2P From Above? The Shayrat Airfield Strike and More
In this episode, Professors Chesney and Vladeck go deep into the weeds regarding the legal issues raised by President Trump’s decision to launch missiles at the Shayrat Airfield in Syria, in the wake of the sarin...
Apr 11, 2017
Episode 11: All of This Has Happened Before, and Will Happen Again
In today’s episode, Professors Vladeck and Chesney come to grips yet again with surveillance law and policy issues thanks to the ever-fascinating Trump/Russia story, this time accounting for the President’s accusation that then-National Security Advisor Susan...
Apr 05, 2017
Episode 10: Is This Podcast Cert-Worthy?
In this hour-long episode, Professors Steve Vladeck and Bobby Chesney open by unpacking the ins-and-outs of two Guantanamo military commissions cases currently seeking Supreme Court review: the al-Nashiri case (which could give the Court a...
Mar 29, 2017
Episode 9: [USperson 1] and [USperson 2] Discuss [Redacted]
In this episode, [USperson 1] and [USperson 2] discuss whether the law was violated by [USperson 3] when [he/she] spoke to [USpersons 4-17] about alleged surveillance of [USperson 18] or perhaps various [USpersons] working for...
Mar 24, 2017
Episode 8: March Madness
Episode 8 (about 58 minutes long) finds Professors Vladeck and Chesney discussing the legal, policy, and institutional issues raised by reports that President Trump has authorized CIA to resume control of drone operations in some circumstances,...
Mar 17, 2017
Episode 7: The Less Prep the Better
In this episode, Professors Chesney and Vladeck live up to their new motto (see the episode title) by wading into the confusion surrounding a pair of recent presidential claims with significant national security law implications:...
Mar 08, 2017
Episode 6: A Sessions Session
In this episode, Professors Vladeck and Chesney get into the weeds of the controversy surrounding the statements Attorney General Sessions made during his confirmation process concerning contacts with Russians.  Is there a credible case for...
Mar 02, 2017
Episode 5: Does this Podcast Apply Extraterritorially?
In this episode, Professors Chesney and Vladeck consider whether the Supreme Court is poised to use a border-shooting case (Hernandez v. Mesa) to expand Fourth or Fifth Amendment rights for non-citizens outside the United States, and what...
Feb 21, 2017
Episode 4: A New Hope
In this episode, Professors Vladeck and Chesney come to grips with a number of legal issues raised by the Mike Flynn story.  What the heck is the Logan Act and was it perhaps violated?  What about...
Feb 16, 2017
Episode 3: Sometimes an Executive Order Is Really Just…An Invitation to Talk about AUMFs and Habeas Corpus
In this episode, Professors Chesney and Vladeck dive deep into the latest iteration of the Trump Administration’s draft executive order on military detention, Guantanamo, and the Islamic State, a task that leads them into an...
Feb 09, 2017
Episode 2: If You Thought That Last Executive Order Was Controversial…
In this episode, Professors Vladeck and Chesney focus on two major developments: the Trump Administration’s sudden decision to suspend entry into the United States for persons hailing from seven countries, and a rare boots-on-the-ground raid...
Jan 31, 2017
Episode 1: What the World Needs Now Is a New Podcast
In the first episode, Professors Bobby Chesney and Steve Vladeck walk listeners through some of the key issues raised by an alleged draft executive order on interrogation, detention, and prosecution of terrorism suspects.  They also...
Jan 25, 2017