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The National Security Law Podcast

Episode 170: This Podcast Is Not Subject to (Prior) Restraint

The National Security Law Podcast

Bobby Chesney and Steve Vladeck

Courses, Politics, News, Education, Government

4.8646 Ratings

🗓️ 19 June 2020

⏱️ 70 minutes

🧾️ Download transcript

Summary

In the latest episode of the National Security Law Podcast, co-hosts Professors Steve Vladeck and Bobby Chesney discuss: Juneteenth, the Emancipation Proclamation, and War Powers DOJ's doomed effort to get a prior restraint preventing publication of John Bolton's already widely-distributed book (and, in contrast, DOJ's strong prospects for getting a constructive trust for breach of contract) Espionage Act liability for leaking national security information: a 30-month sentence for a former DIA analyst this week, and speculation about how it would look if DOJ took this approach with John Bolton The Supreme Court's DACA ruling: wrestling with the nuances of the decision There were no National Guard air assets conducting surveillance in DC...unless maybe there were? There were no Pennsylvania National Guard personnel in DC...unless maybe there were? Oh, look, international armed conflict between China and India... The Uighur Human Rights Policy Act of 2020 becomes law: understanding how it relates to IEEPA, where it does and does not provide wiggle room for the president, and whether its plain terms warrant application to President Xi and other senior Chinese officials. As for frviolity: Sportsball is almost back...but will the NBA or MLB really deliver games?

Transcript

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0:00.0

Hello from Austin and welcome to episode 170 of the National Security Law podcast.

0:14.7

Brought to you by the Strauss Center at the University of Texas.

0:17.6

It's a holiday that originates here in Texas,

0:21.1

marking the day in 1865 that Union General Gordon Granger and his regiment of

0:26.2

2000 troops landed at Galveston and announced not only that the war was over,

0:31.2

but that there had indeed been an emancipation proclamation two years earlier.

0:34.8

Though it had no real effect in Texas previously, it sure did now

0:39.0

and would last be truly enforced. So happy Juneteenth to everybody. That's been a state holiday

0:44.0

here in Texas since 1980, thanks to the efforts of Representative Al Edwards, who I believe

0:48.6

may have passed away recently. And it was also instrumental in spreading Juneteenths to other

0:52.7

states. This year is obviously a special moment for this, uh,

0:56.7

this important holiday.

0:58.1

So happy Juneteenth.

0:59.8

Yeah.

1:00.1

I mean, I think, um, you know, I, I saw, I think yesterday in the news that Senator

1:03.9

Cornyn said he would back, uh, I think a bill was introduced by a representative

1:08.6

Jackson Lee.

1:10.0

Um, so lots of Texas connections

1:11.4

to make Juneteenth a federal holiday.

1:14.2

I got to say, I think it's a close call for me, Bobby, whether I'd make June

1:17.6

team to federal holiday before I made Election Day a federal holiday, but why not both?

1:22.4

That's true.

...

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