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The National Security Law Podcast

Episode 146: What’s In Your Wallet? A Subpoena!

The National Security Law Podcast

Bobby Chesney and Steve Vladeck

Courses, Politics, News, Education, Government

4.8646 Ratings

🗓️ 4 December 2019

⏱️ 51 minutes

🧾️ Download transcript

Summary

Welcome back to the National Security Law Podcast!  Tune in as Professors Vladeck and Chesney debate and discuss the week's national security law news, including: Trumplandia: The House Intelligence Committee's report shines a spotlight on certain call records, leading some to question how such records lawfully are obtained by investigators.  This leads to a discussion of the Fourth Amendment, the third-party doctrine, the Stored Communications Act, and both grand jury and congressional subpoenas. More Trumplandia: The Second Circuit has ruled against an effort to prevent Deutsche Bank and Capital One from complying with a Congressional subpoena for Trump-related records, adding to the slew of cases on this topic. Adham Hassoun and indefinite immigration-law detention for dangerous persons: Back in episode 116 we noted that Hassoun had completed his 15-year sentence (following a conviction for involvement in a murder conspiracy under 18 USC 956(a)), but is being held pending removal...with little prospect for effecting that removal, given his stateless-status.  He is now subject to the not-previously-used USA PATRIOT Act Section 412 authority, which involves an initial 7-day window for detention and then calls for semi-annual judicial review.  The case presents both procedural due process and substantive due process issues. Designating Mexican drug cartels as "foreign terrorist organizations"--President Trump says this is in the works at last, so we review the legal and policy aspects. National Security Division Roundup: We offer brief notes on a few major recent developments in terrorism-related cases. But it's all about the frivolity, so stay till the end for our idle opinions on what ought to happen with the College Football Playoffs final four, and especially for our take on episode 4 of the Mandalorian.

Transcript

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0:00.0

Hello from Austin.

0:10.2

Welcome to episode 146 of the National Security Law podcast.

0:14.2

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

0:16.7

And you know, I say that every week.

0:18.7

I never say anything about what the Strauss Center is.

0:20.9

Look it up. The Robert Strauss Center is. Look it up.

0:21.6

The Robert Strauss Center at the University of Texas.

0:23.7

It's pretty cool.

0:25.1

Anyway.

0:25.4

You want people to do research?

0:27.1

Well, I'm not going to do it.

0:29.0

It's Wednesday, December 4th, 2019.

0:32.0

I'm Bobby Chesney.

0:33.1

I'm Steve Lodick, and as we speak, it's it's Con Law Day in the House Judiciary Committee

0:38.3

impeachment fest.

0:39.3

Yay!

0:40.1

I would say, as someone who has been mooted in it for a Supreme Court argument by Pam Carlin,

0:45.6

ho nelly.

0:46.7

I don't think the Republican members of the House Judiciary Committee are quite ready for her.

0:51.3

It is, have you been watching any of it this morning?

0:53.5

I've been watching, like like bits and pieces of it.

0:56.0

The opening statements were I think pretty telling in both directions.

...

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