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The National Security Law Podcast

Episode 131: El Paso and Domestic Terrorism

The National Security Law Podcast

Bobby Chesney and Steve Vladeck

Courses, Politics, News, Education, Government

4.8646 Ratings

🗓️ 6 August 2019

⏱️ 66 minutes

🧾️ Download transcript

Summary

This week's episode features an extended discussion of domestic terrorism as a legal category and as a policy category, in light of the attack in El Paso.  Among other aspects, we discuss: Substantive criminal charging options at the state and federal levels Arguments for an against federal expansion into this area Federal terrorism crimes that can be applied in domestic terrorism cases The pros and cons of expanding the "designated terrorist organization" concept to domestic groups Preventive charging in the domestic terrorism context What it would mean to (try to) import foreign terrorism intelligence-collection authorities into the domestic terror setting We also discuss an important cert. petition pending before SCOTUS, raising the question whether noncitizens in the expedited removal context can invoke the Suspension Clause (DHS v. Thuraissigiam) After an otherwise somber discussion, stay tuned at the end for some light-hearted frivolity celebrating the improbable recent surge of the New York Mets and the fully-probable and ongoing surge of the Houston Astros.

Transcript

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0:00.0

Hello from Austin.

0:10.3

Welcome to episode 131 of the National Security Law podcast.

0:13.8

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

0:17.0

It's Tuesday morning.

0:18.0

It's August 6th, 2019.

0:20.2

I am still Bobby Chesney.

0:21.6

I'm still Steve Loddick and the Mets are two and a half games out of the wild card.

0:25.6

And above 500!

0:27.6

Oh yeah, that too.

0:28.6

Yeah, for the first time since I think, what, May 28th.

0:30.6

This is a very enjoyable moment for us Mets fans.

0:33.6

But not for Karen.

0:34.6

Karen is so disappointed.

0:35.6

Like last night I was actually watching the best game.

0:38.3

I was going to say this is pulling you into watching the games.

0:40.3

This is just, Karen is like beside herself with disappointment.

0:44.3

Because you have all the spare time you could put into watching long baseball games.

0:49.3

I mean, I don't, but like my, you know, my M.O. back before we had, you know, kids in a family and stuff, was to work in front of baseball games because you can sort of look up and, you know, go back to work.

0:57.8

Because the action is once every, you know, 45 seconds.

1:00.0

The problem is I'm depriving Karen of opportunities to watch shows together.

1:04.0

Have you, have you thought about two screens side by side? You with the sound off. And so there's something actually, you know, fun to watch on.

1:11.4

I think I could handle that.

...

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