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The National Security Law Podcast

Episode 125: Worst of Both Worlds

The National Security Law Podcast

Bobby Chesney and Steve Vladeck

Courses, Politics, News, Education, Government

4.8646 Ratings

🗓️ 18 June 2019

⏱️ 55 minutes

🧾️ Download transcript

Summary

We are back with the latest national security law news, with your co-hosts Steve Vladeck and Bobby Chesney explaining, debating, and--let's face it--geeking out.  This week we've got: War Powers: The latest events in the simmering situation with Iran, and what they portend in terms of potential claims of Article II authority to use at least some amount of military force without further Congressional approval. Military Commissions: The mil coms continue to generate pre-trial disputes, this time with a new round of disagreements about just who will serve as the capital-qualified defense counsel in Nashiri. SCOTUS: The current term of the Supreme Court is nearing its end, and this week we saw some interesting developments including affirmation of the longstanding "separate sovereigns" rule (pursuant to which state and federal authorities may separately prosecute for the same underlying acts without violating the Double Jeopardy rule, something that has implications in light of the President's Pardon Power extending only to federal offenses) as well as some thought-provoking commentary by Justice Thomas concerning the metes and bounds of stare decisis. Hackback: We review the key moving parts in the re-introduced "AC/DC bill"--that is, the Active Cyber Defense Certainty Act--including the separate provisions on beacons and on "active cyber defense measures." Hacking the Russian Grid: We also take note of the revelation that CYBERCOM may have hacked Russia's grid in some respect, and we talk about the international law implications of that story. And, as always, there is frivolity.  Let's some it up with an acronym: STTNG, and a call for listener suggestions for particular episodes for review!

Transcript

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0:00.0

Hello from Austin and welcome to episode 125 of the National Security Law podcast.

0:15.0

It's Tuesday morning, June 18th.

0:17.5

2019.

0:18.5

I'm Bobby Chesdman.

0:19.5

I'm Steve Vladik.

0:20.5

It is day 169 without a Senate-confirmed

0:23.4

Secretary of Defense, and that's not changing any time soon. It's not getting any closer,

0:27.6

is it, my friend? As we sat down to record this podcast, President Trump, you know, who clearly

0:33.3

likes breaking news, right? Yeah. So President Trump tweeted that acting secretary defense, Pat Shanahan, is withdrawing from

0:40.6

consideration.

0:41.4

I actually don't even think his name was ever formally sent to the Hill.

0:44.5

Well, there was some question about that.

0:45.8

I think he himself announced that it was, but then there were people kind of talking to

0:51.4

journalists about how, well, we've not received it.

0:54.4

Something weird. A couple of weeks ago hit the skids right there and now withdrawn.

0:59.3

Yep.

0:59.7

Incredible.

1:00.6

For, you know, for that old chestnut to spend more time with his family.

1:03.6

Okay, so wait.

1:04.2

So is he going to also cease to be performing the role of the acting?

1:07.9

Is he leaving the Pentagon altogether?

1:09.2

That's a good question.

...

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