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The National Security Law Podcast

Episode 126: Sometimes, “Nothing” Is Important

The National Security Law Podcast

Bobby Chesney and Steve Vladeck

Courses, Politics, News, Education, Government

4.8646 Ratings

🗓️ 26 June 2019

⏱️ 80 minutes

🧾️ Download transcript

Summary

We are back with the latest in national security legal developments, with Professors Chesney and Vladeck agreeing where they can and arguing respectfully (and, let's face it, nerdishly) where they can't.  On tap this week: Military Detention and the Constitution: We dive deep into the questions raised by the D.C. Circuits decision in Qassim, which raises the possibility that the Fifth Amendment Due Process Clause might apply in the context of habeas challenges brought by military detainees held at GTMO notwithstanding the Court's earlier Kiyemba decision. Cyber Operations Against Iran: After our earlier discussions of a Persian Gulf of Tonkin scenario nearly became reality, we ended up seeing, instead, a possible series of cyber operations against various Iranian targets.  We talk about whether this raises the same or similar separation of powers concerns, and more generally place this development in context with our earlier war powers debates. Who's Who in the Pentagon Succession Chain: As we approach the half-year mark with only an acting SecDef, and with so many open spots and unconfirmed-but-acting officials, the succession chain is growing ever more complicated.  We review the sequence of events likely to unfold with Acting Secretary Esper and others. NSD Roundup: Hey, counterterrorism prosecutions are still a thing, even if the nation's attention has wandered elsewhere.  We take brief note of three recent cases. SCOTUS Roundup: Is the administrative state itself doomed, or are we just in for a bit of non-delegation doctrine revival?  And if the latter, are we also eventually going to see a new Curtiss-Wright-type case? Next, let's head to...Westworld!  For our frivolity, we at last are going to review Westworld Season 2.  And you thought Facebook collected a lot of data...

Transcript

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0:00.0

Hello from Austin. Welcome to episode 126 at the National Security Law podcast.

0:14.4

Brought to you by the Strauss Center at the University of Texas. It's Wednesday afternoon,

0:18.5

June 26th, 2019. I'm Bobby Chesney. I'm Steve Vlodick. Hi.

0:23.6

Hi, Steve. How's your summer going? Oh, I, I owe so many things to somebody. Never have so

0:30.3

few people owed so many things to so many other people. Nice. What is on your docket currently

0:37.3

that's really eating up your time besides all the prep we do for these episodes?

0:41.5

Well, there is the prep we do for these episodes. You know, I have been, Karen's in Boston and Sydney has her sixth ear infection.

0:50.3

So I, but what's really been doing my time the last couple days is, is childcare.

0:55.6

Yeah.

0:56.1

Which, you know, is.

0:57.2

You got your priorities in order.

0:58.4

I, you know, I, it's not a complaint. It's just the way life is.

1:01.9

No, I'm sorry to hear about your infections. That, especially the extent to which that

1:04.7

impacts sleeping. Oh, yeah. No, the tubes are coming.

1:08.3

Yeah, bring on the tubes. We've been down that road, my friend. So, you know, as you know, I'm co-author of Aspen Publishers, National Security Law,

1:15.4

Countertows, and Law case books.

1:16.5

We are doing both our annual supplement and a new edition, and I am so woefully behind

1:21.6

on my contributions to both of those that my co-authors may dump me.

1:25.0

Your co-authors can hear you saying that. Is that a plea?

1:27.7

Are you trying to engineer your own removal from the casebook?

1:30.5

No, no, no.

1:30.8

I think my co-authors are well aware of how far behind I am.

...

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