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The National Security Law Podcast

Episode 10: Is This Podcast Cert-Worthy?

The National Security Law Podcast

Bobby Chesney and Steve Vladeck

Courses, Politics, News, Education, Government

4.8646 Ratings

🗓️ 29 March 2017

⏱️ 60 minutes

🧾️ Download transcript

Summary

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 chance to determine whether an armed conflict existed with al Qaeda prior to 9/11) and Bahlul (which could give the Court a chance to settle, at long last, whether the commissions can adjudicate offenses that do not count as violations of the law of armed conflict).   Well, actually, they open by admitting how bad their NCAA brackets turned out to be.  But nevermind that.  After the military commission stuff, they go on to describe an interesting development at the FISC regarding the standing of the ACLU, and they explain the doctrinal rules surrounding executive privilege claims in light of the dispute between Sally Yates and the Trump White House regarding her prospective testimony about Mike Flynn.  They also find time to address the impact of the controversy over civilian casualties in Mosul, and a recent announcement by DOJ involving naturalization fraud committed by Iraqi refugees said to be linked to a terrible episode that occurred in Iraq in 2005 (involving US hostages).  Last, they take up a series of questions posed by listeners on Twitter; somehow it results in a discussion of Big Little Lies.

Transcript

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0:00.0

Hello from Austin and welcome to episode 10 of the National Security Law Podcast, brought to you by the Robert Strauss Center at the University of Texas.

0:08.9

It's Wednesday, March 29th, and I'm Bobby Chesney.

0:12.0

And I'm Steve Lottick. Bobby, how's your bracket?

0:14.5

Oh, uh...

0:17.0

Well, see, what had happened was.

0:19.9

See, officer, see, what I really bummed about is that I guess I've talked about my

0:24.6

bracket on the air before, and so I can't deny.

0:26.6

Nope.

0:27.6

No, I don't have any teams left.

0:28.6

So I have Gonzaga left in the Final Four, but not winning anything.

0:32.6

At the moment, I am hanging on for dear life in my wife's office pool.

0:36.6

I'm in third place, which means I'm in the money.

0:39.6

But if and only if both Gonzaga and North Carolina lose on Saturday.

0:44.2

So Oregon, South Carolina, let's go!

0:47.6

That will be unlikely to happen now that you've said it, but good luck to everybody.

0:53.0

Well, so what else do we have for people besides our terrible predictions?

0:56.0

Well, so Bobby, we have the very beginning of our Ask Us, you know, it's like an AMA, I guess,

1:01.0

that we're going to do at the end of the episode today.

1:03.0

We're going to talk about a couple of new interesting cert petitions in Guantanamo Military

1:07.0

Commission cases.

1:08.0

There's a new move for en banc review by the foreign intelligence

1:12.0

surveillance court of an interesting request by the ACLU. I wish this weren't so, but there's

...

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