Episode 192: So…What Do We Do Now?

The National Security Law Podcast

Bobby Chesney and Steve Vladeck

Courses, Politics, News, Education, Government

4.8 • 646 Ratings

🗓️ 22 January 2021

⏱️ 72 minutes

🔗️ Recording | iTunes | RSS

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Summary

And then it was over. Wow. Here's hoping we can focus on traditional national security law topics from now on! Today is a pretty good start. We've got: A new administration needs a welcoming gift...so, here's a delightful basket of...military commission charges involving the Bali/Jakarta bombings??? A parting gift from Army Secretary McCarthy: AR 190-8 no longer applicable at GTMO The DC Circuit weighs in on Hoda Muthana's citizenship status--ruling against her and thus also against her father's attempt to compel the government to support her return to the US from Syria (where she had been married, twice, to Islamic State fighters) The DC Circuit also weighs in on the Zaidan case, finding no standing to the sue the U.S. government for alleged targeting for drone strikes in Syria where the allegations of such targeting were deemed too speculative Larabee: apparently Steve is going to have do so more briefing soon regarding court martial jurisdiction over former servicemembers The WeChat suit in the 9th Circuit: Bobby review's last week's oral argument concerning the government's appeal of a preliminary injunction that suspended the Trump administration's IEEPA action against WeChat, citing First Amendment grounds. The First Amendment argument here is quite weak; time to send this one back for consideration instead of the IEEPA issue. Confirmation of Avril Haines as DNI, and passage of a statutory override that will allow the Senate to proceed to confirm General (ret.) Lloyd Austin as SecDef. Biden immediately rescinded the "national emergency proclamation" as to the Southern Border, ending the redirection of defense dollars towards "wall" projects. That, plus loads of sportsball frivolity (yielding precious little insight!).

Transcript

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0:00.0	Hello from Austin.
0:10.4	Welcome to episode 192 of the National Security Law Podcast.
0:13.9	We're brought to you by the Strauss Center at the University of Texas.
0:17.0	It's Thursday evening, January 21st, 2021. It's a whole new ballgame. I'm Bobby Chesney.
0:25.5	I'm Steve Lottick. You mean because of the Francisco Lundor trade?
0:29.6	That was the first sign of good news.
0:32.3	The second sign is the fact that tonight, Steve, we're mostly going to talk about national security legal issues
0:38.4	of the conventional, traditional type. We've got all sorts of run-of-the-mill things in only
0:44.7	limited glimpses of the more fundamental, unexpected topics of the past four plus years.
0:53.0	Yeah, actually, I don't think we have any constitutional crises to cover on tonight's
0:56.3	episode.
0:57.3	Holy cow.
0:58.0	Well, maybe it's never too late.
0:59.8	We do have an epilogue, no doubt, for the Trump administration coming up, once it's
1:03.7	clear about when the Senate will engage the article of impeachment.
1:09.2	But for now, we're going to be back to the regular programming
1:12.3	for the first time in a long time. We've got military commission developments. I mean,
1:18.3	right on cue, right? The outside of the administration, right out of the gate, we get a new
1:25.4	case, or it's an old case that has had trouble getting out of the
1:29.3	gate, but it's had a big new development.
1:32.7	Gosh, what else are we going to talk about?
1:34.2	We have a variety of circuit court developments across an array of cases, including your
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