Episode 116: This Podcast Can Only Be Detained for Six Months

The National Security Law Podcast

Bobby Chesney and Steve Vladeck

Courses, Politics, News, Education, Government

4.8 • 646 Ratings

🗓️ 2 April 2019

⏱️ 73 minutes

🔗️ Recording | iTunes | RSS

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Summary

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 after he completes a prison sentence and while it remains unclear to which country (if any) he can be sent? The DEA's Use of Subpoena Authority to Get a Broad Set of Customer Identities from Companies Selling Cash-Counting Machines: Is this, in some sense, a bigger deal than the "bulk telephone metadata" story? The Bilal Kareem case: Can Kareem's suit (which argues the he is on a USG "kill list" in Syria and that this violates the Due Process Clause among other things) survive a motion to dismiss based on the State Secrets Privilege? SCOTUS and Cruel and Unusual Punishment: Does the Bucklew decision portend doctrinal change for the 8th Amendment, and perhaps also a "barbell" effect for the post-Kennedy Court? The Article II Take Care Clause: What is the difference between declining to enforce a statute on constitutional grounds and declining to defend it in court (and how does any such distinction apply to the White House decision to oblige DOJ not to defend the Affordable Care Act on the individual-mandate and severability issues)? And just when you think it can't get any nerdier, it's time for the frivolity--and for the Thrones Deadpool!

Transcript

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0:00.0	Hello from Austin and welcome to episode 116 of the National Security Law Podcast.
0:14.6	We're brought to you by the Strauss Center at the University of Texas.
0:17.3	It's Tuesday, April 2nd.
0:19.0	I'm Bobby Chesney.
0:20.0	I'm Steve Lottick.
0:20.7	I was thinking one of these days
0:21.6	we should like let me go first, right? Hello. I'm not Bobby. Oh, we should absolutely do.
0:27.7	Maybe we should mix up our music too. No. I do like the music. Well, it's not that I like the music.
0:33.6	It's that the amount of work that went into together the music seems like effort. I don't want to duplicate. And we have an overlapping consensus.
0:39.5	Stay with the status quo.
0:41.1	Do as little work as possible to make this podcast happens.
0:44.0	No, no, no.
0:44.6	Stick with the stuff you know.
0:45.7	I'll be curious to see if any listeners can guess what that lines from.
0:50.8	I can't place it at the moment.
0:52.5	So we'll find out. Okay, anyway. Speaking of sticking with things
0:55.6	we know, I have zero teams in the final four. I got one, and it's not the one I think we
1:01.8	expected. I'm feeling pretty proud about my Texas Tech final four here. I'm very excited for
1:07.9	Lubbock. That's pretty cool. There's a lot going on. There is. I was a little
1:11.4	worried we wouldn't have a lot to talk about this week. You always worry about this and I never do.
1:14.5	Well, when there's not like, you know, I want like there to be an AOMF bill or something kind of
1:18.6	classic to discuss, but we have some, we have in a way some, a throwback individual that we might have been talking about. If we had had this podcast 12 years ago...
	...

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