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The National Security Law Podcast

Episode 4: A New Hope

The National Security Law Podcast

Bobby Chesney and Steve Vladeck

Courses, Politics, News, Education, Government

4.8 • 646 Ratings

🗓️ 16 February 2017

⏱️ 38 minutes

🧾️ Download transcript

Summary

In this episode, Professors Vladeck and Chesney come to grips with a number of legal issues raised by the Mike Flynn story.  What the heck is the Logan Act and was it perhaps violated?  What about the possibility of a charge for making false statements to the FBI?  Was the underlying surveillance lawful? Were minimization rules violated? What about the folks who leaked the story?  After all that, the conversation swerves into a preview of the Hernandez case (which will be argued at the Supreme Court next Tuesday and presents questions about the application of the Fourth and Fifth Amendments to non-citizens outside the United States, inter alia) and a discussion of what might happen soon with respect to the Periodic Review Board process for Guantanamo detainees.  At that point, the conversation goes entirely off the rails as the guys turn their attention to fantasy baseball...

Transcript

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0:00.0

Hello from Austin, Texas. This is the National Security Law Podcast, episode number four,

0:05.5

A New Hope. Well, I guess that's a better title than Stop Trying to Make the Logan Act

0:10.0

happen. Oh, I like that. Let's change it. I'm Bobby Chesney. And I'm Steve Lodick. And Bobby,

0:16.6

I'm tired. I'm really fracking tired. Why are you tired, Steve? There seems to be a lot of news every day in the national security space

0:24.4

and in the public relations space, public policy, government functioning, et cetera.

0:30.9

Is that right? Hold on. I'm going to go on Twitter and just see. I haven't been on for a few weeks.

0:34.3

Oh, well, there's an account you should follow. So first you should follow NSL podcast on Twitter.

0:39.1

But also there's this guy real Donald Trump.

0:42.3

Apparently, he tweets a lot.

0:43.6

Let me check here.

0:44.8

Holy cow.

0:45.7

You're right.

0:46.2

All right.

0:46.5

I'm going to have to take a little time tonight to go over and catch up on some of this.

0:49.7

Yeah, there has been a lot going on.

0:51.0

Apparently he won an election. That's what I learned from Twitter this morning.

0:58.4

I think the main effect here has been to create lots of things for us to talk about on this podcast.

0:59.2

What are we going to talk about today?

1:00.8

What are we going to talk about today?

1:01.7

So I think we're going to talk about the rise and rapid fall of Mike Flynn as the National

1:06.8

Security Advisor.

1:07.8

Yeah, that's probably a good idea. There's a law school exams worth of national security law questions built into this one.

...

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