Episode 172: Cleanup on Aisle Trump!

The National Security Law Podcast

Bobby Chesney and Steve Vladeck

Courses, Politics, News, Education, Government

4.8 • 646 Ratings

🗓️ 2 July 2020

⏱️ 62 minutes

🔗️ Recording | iTunes | RSS

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Summary

This week on NSL Podcast, co-hosts Steve Vladeck and Bobby Chesney review and debate the latest national security legal news, including: Russian "bounties" on U.S. forces in Afghanistan, including (theoretical) legal implications A district court ruling finding the government lacks sufficient evidence to hold Adham Hassoun under Section 412 of the USA Patriot Act The Julian Assange prosecution: new fact allegations that might help distinguish his situation from that of conventional journalists An actual bill in the Senate addressing the "going dark"/Crypto Wars 2.0 debate: The Lawful Access to Encrypted Data Act SCOTUS roundup: Article II and the power to remove; extraterritorial constitutional rights; Congressional access to grand jury material; the Alien Tort Statute, foreign sovereign immunity And for frivolity? In honor of the upcoming Disney+ stream of Hamilton, we consider the song (with a strong assist from Kirk Hamilton's Strong Songs podcast).

Transcript

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0:00.0	Hello from Austin, welcome to episode 172 of the National Security Law Podcast.
0:14.4	We're brought to you by the Strauss Center at the University of Texas.
0:18.4	It's Thursday, July 2nd, 2020. I'm Bobby Chesney.
0:21.8	I am Steve Loddick and Bobby, the Supreme Court is still going.
0:25.7	It's like the Energizer Bunny. They didn't even get all their opinions out yet.
0:30.3	It's going and going. Is it so obvious that not having any exciting plans for where they get to go spend the summer,
0:39.1	that they might as well just stay there, taking their time, dragging out the most complex
0:42.7	cases?
0:43.5	I mean, this is the question.
0:44.5	You know, on the one hand, everyone's obviously right to point out, you know, they canceled
0:48.9	the March and April argument sessions for COVID, right?
0:52.9	They had these May arguments. They're, you know, two months
0:55.9	is about as fast as they ever move. And all eight of the cases that they still haven't decided
0:59.7	yet are from that May session. On the other hand, Bobby, they canceled their March and April
1:04.2	sessions. Like, you know, those were 20 cases. They didn't end up having to decide. And so I guess
1:09.4	I'm a little, MIFT is not the right word.
1:12.9	I'm a little surprised that this is dragging past July 4th, that we're going to have
1:17.2	merits decisions from the court after July 4th for the first time since 1986, a banner year.
1:24.6	And that, you know, if they go past next Tuesday, it'll be the latest they've gone since 1974 when they were kind of busy that July dealing with the Watergate tapes.
1:35.3	So, you know, I don't, it's, it's, I don't love this look for the court, but it's hard to blame them because they don't, you know, where are they going to go?
1:42.3	I know. Well, and if you're not a court watcher, the that it matters a great deal just you know quite when they get it out over the
1:48.9	summer i get it that doesn't resonate for most people but there is always a sense there's always a
	...

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