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The National Security Law Podcast

Episode 115: This Podcast Does Not Have a Grandparent Born in Ireland

The National Security Law Podcast

Bobby Chesney and Steve Vladeck

Courses, Politics, News, Education, Government

4.8646 Ratings

🗓️ 25 March 2019

⏱️ 68 minutes

🧾️ Download transcript

Summary

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 the Mueller Report and the Barr Letter at this point Whether the president is subject to civil suit in state court while still in office Whether the US government loses its sovereign immunity from suit without consent where the claim involves a violation of a "jus cogens" rule of customary international law, as Judge Brinkema has ruled in al Shimari What to make of the Court of Military Commission Review's newest ruling in the Bahlul litigation, including affirmation of Bahlul's life sentence Whether Congress should pass a statute to ensure that servicemembers have a realistic path to SCOTUS review in cases of courts martial that do not result in the Court of Appeals for the Armed Forces taking their case Whether Belgium's "IHL Exclusion Clause" concept (precluding application of domestic criminal law relating to terrorism as to situations involving armed forces engaged in armed conflict) might end up precluding certain U.S. extradition requests involving material support charges Why the release from prison of John Walker Lindh (once famous as "the American Taliban") might portend a larger debate (and what does this have to do with his Irish grandmother???) And of course it would not be the same without some frivolity.  We've got opinions about True Detective Season 3, traveling with infants to LA, the NCAA Tournament, and Hall and Oates. Seriously.

Transcript

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0:00.0

Hello from Austin and welcome to episode 115 of the National Security Law podcast.

0:14.0

We're brought to you by the Strauss Center at the University of Texas.

0:17.1

It is Monday morning.

0:18.3

It is March 25th.

0:19.6

Spring break is over.

0:21.6

I'm Bobby Chesney.

0:27.2

I'm Steve Lottick. How's your bracket? You know, it's actually, I can still win it all,

0:34.2

I think, but it is not a pristine bracket. If all of the remaining, what, 31 or 15 games go exactly according to plan? You know, I had to yell going 44.

0:39.5

I could have told you about that.

0:41.2

Oh, well, you know, you had to pick something.

0:43.9

Although this year, apparently you weren't supposed to pick any flyers.

0:46.0

So we'll talk at the end about how chalky it is.

0:54.5

But anyway, National Security Law, I feel or take a full week off, we end up with a lot of things over two weeks.

0:56.6

We've got some Trump landy action.

0:59.2

You may have heard there was a thing with the Mueller report.

1:00.2

Was there a thing?

1:04.9

We'll talk about what there is and isn't to say about that, and we'll try not to go too far down the rabbit hole.

1:10.8

And then we'll talk about the Zervos litigation as well, taking place in New York State courts.

1:17.6

Then we will turn our attention to a really interesting but very little noticed opinion by Judge Brinkima.

1:26.1

In the Al-Shimari litigation, this one could matter a lot over the long term or it could be a short-termer.

1:28.7

We're going to wrestle with that. It has to do with the extent to which certain international law concept may take a bite out of the federal

1:34.6

government's sovereign immunity from suit, which is quite an important topic. Big deal. This ought

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