The National Security Law Podcast

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.