Episode 11: All of This Has Happened Before, and Will Happen Again

The National Security Law Podcast

Bobby Chesney and Steve Vladeck

Courses, Politics, News, Education, Government

4.8 • 646 Ratings

🗓️ 5 April 2017

⏱️ 61 minutes

🔗️ Recording | iTunes | RSS

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Summary

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 Rice committed a crime. After droning on and on about targeting, minimization, incidental collection, masking, unmasking, and leaking, the professors pivot briefly to Jim Comey's secret Twitter account and also the removal of Steve Bannon from the list of NSC participants (neither of those stories are really national security *law* stories, they are quick to admit, but you get what you pay for...). From there it's back to Guantanamo, where the Court of Military Commission Review has hinted that it might not proceed to adjudicate a former detainee's appeal from a conviction given that the fellow is now in the field with AQAP. That's followed by a discussion of a new D.C. Circuit opinion on the right of the public to see videotapes of force-feeding of Guantanamo hunger strikers, and a review of the principle of "unlawful command influence" in the context of the Bowe Bergdahlt court martial. And just in case you weren't sure how geeky these guys are, they wrap with a too-long discussion of Battlestar Galactica (feels like it goes on for a few centars, but it's really just a few centons).

Transcript

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0:00.0	Hello from Austin and welcome to episode 11 of the National Security Law podcast, brought to you by the
0:06.3	Strauss Center at the University of Texas. Today is Wednesday, April 5th, and I'm Bobby Chesney.
0:11.8	And I'm Steve Lottick and Bobby. Basketball season's over. Baseball season's underway. The Mets are in
0:17.2	first place. Let's hope it stays that way, Steve, but I don't know.
0:22.5	So I told my wife the statistic that the Mets have the best record in Major League
0:26.9	history on opening day, and her response, classic Karen, was, of course they do.
0:32.5	It's typical for the Mets to give their fans hope and then, you know, cut their hearts out.
0:36.9	Oh, that makes me, I just got a blister in my pitching in hand, just hearing that.
0:41.2	That's a nois indigar joke, everybody.
0:42.9	And with that, we are off.
0:44.0	Bobby, what's going on?
0:45.2	Well, it's, like, completely reliable these days, Steve, that we're going to get a new twist
0:51.2	just in time for the podcast that raises some new legal angle about
0:55.6	the Russia campaign and what I guess we're going to call the the what I frankly will call
1:02.8	the GIN-DUP controversy over unmasking.
1:05.0	So right now I think it's GINDAQ.
1:06.4	The gift that keeps on giving, right?
1:08.1	Everyone's love affair with Pfizer.
1:09.8	It's unbelievable.
1:10.4	It is giving us lots of occasions to talk about what are the rules for
1:14.2	targeting, for dissemination, for minimization, and for unmasking. And we've talked about
1:18.7	that some on prior episodes. We're going to do it again today because it seems like the message
	...

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