Episode 44: Interrogation, Prosecution, and Detention Issues in the Wake of the NYC Attack

The National Security Law Podcast

Bobby Chesney and Steve Vladeck

Courses, Politics, News, Education, Government

4.8 • 646 Ratings

🗓️ 1 November 2017

⏱️ 43 minutes

🔗️ Recording | iTunes | RSS

🧾️ Download transcript

Summary

We are back, one day after dropping episode 43, with an emergency podcast discussion the legal consequences of the horrific attack that occurred in New York City yesterday. The need for the podcast flows from the President Trump's statements to the press today regarding the possibility of taking the perpetrator to Guantanamo, his criticisms of the criminal justice process, and statements from Senator Graham emphasizing the need to interrogate the perpetrator without counsel. Meanwhile, a military commission judge has held the JAG General who heads the defense operation there in contempt, confining him to quarters based on an episode in which the civilian defense team for al-Nashiri has withdrawn with his approval. It's a complicated situation all around, but Professors Chesney and Vladeck are here to walk through it all in this special episode. Of course, they couldn't help but add on, at the end, their views of the just-released AP Top 25 for college basketball...

Transcript

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0:00.0	Hello from Austin and welcome to episode 44, an emergency episode of the National Security Law podcast brought to you by the Strauss Center at the University of Texas at Austin.
0:20.0	I am Bobby Chesney.
0:21.2	I'm Steve Vladiv.
0:21.9	Weren't we just here?
0:22.9	I mean, literally, I don't think it's been 24 hours.
0:25.0	It hasn't been 24 hours.
0:26.1	And it was already a busy week, Steve, but we've got more to talk about.
0:29.6	I know.
0:30.5	I'm seven.
0:31.5	Game seven.
0:32.2	You know, there's a big game tonight. I mean, it's been the most exciting world series ever. Oh, my gosh. Much to your chagrin in my delight. Well, if you haven't yet listened to episode 43, you know how I feel
0:40.3	about this. All right, so listeners, I do recommend listening to yesterday's episode, which
0:46.3	will provide some useful context for what we're about to talk about on the law. But why are we here?
0:50.3	So, Bobby, it's 10 minutes to one central daylight time on Wednesday, November 1st. And there's some real national security law news out there in the world. Two different things we want to talk about in this quick hitting emergency podcast. Right. So near the time, near the time that we were recording yesterday, we did not know it at the time. But a terrorist attack was unfolding in New York City, a place where both of us have deep ties. I mean, the attack was right where I went to elementary school.
1:12.1	Yeah, it's just awful.
1:14.5	So the reason we're bringing this up now, because these tragedies do happen, we don't
1:18.7	always interrupt our week to give you the legal consequences of them.
1:23.0	We're doing it in this case because the president and some members of Congress have been
1:27.2	raising the possibility
1:28.3	of Saipov, the perpetrator of the attack.
1:32.7	The alleged perpetrator of the attack.
1:34.2	You know, yeah, you know.
	...

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