Episode 45: An Inter-Jurisdictional Cluster-You-Know-What?

The National Security Law Podcast

Bobby Chesney and Steve Vladeck

Courses, Politics, News, Education, Government

4.8 • 646 Ratings

🗓️ 7 November 2017

⏱️ 54 minutes

🔗️ Recording | iTunes | RSS

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Summary

Has it only been a week? Yeesh. Well, we are back! In this episode, Professors Vladeck and Chesney focus on three topics: The Mueller investigation and the prospect that Mike Flynn may be charged under the Foreign Agents Registration Act. The increasingly-complex saga of the withdrawn defense lawyers in the al-Nashiri military commission case at GTMO. Habeas petitions are sprouting all over the place, and the procedural complexity of the situation is growing by the day. An interesting legal and policy question is lurking out there: The use of the "hybrid model" (that is, military capture and initial interrogation, followed by long-term disposition via the civilian criminal justice system) in the Mustafa al-Imam case generated no complaints from the right, whereas the decision to use the civilian criminal justice system for Saipov certainly did. This highlights the fact that we have a comparatively stable system blending military and criminal law enforcement tools for overseas captures, but no analogue domestically. Yet there is a statute, from the USA Patriot Act in 2001 no less, that arguably could function as the domestic equivalent to the "slow boat" that undergirds the overseas-capture hybrid-model scenario. Will it ever be used, and if so what might a constitutional challenge look like? With that out of the way, your intrepid hosts wrap up with a debate over the greatest comedy films of all time. What's your top three? Let us know on Twitter: @nslpodcast And, hey, while you are online, go ahead and give us a review!

Transcript

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0:00.0	Hello from Austin and welcome to episode 45 of the National Security Law podcast, brought to you by the Strauss Center, the University of Texas.
0:18.3	I'm Bobby Chesney.
0:19.4	I'm Steve Blod at Bobby. It's Election Day. It's Election Day. We have some cool stuff on the ballot here of Texas. I'm Bobby Chesney. I'm Steve Blod at Bobby. It's Election Day. It's
0:21.8	Election Day. We have some cool stuff on the ballot here in Texas and here in Austin.
0:26.5	And apparently, we actually get to vote for some of it. You know, in Con Law this morning,
0:30.6	I don't know, Steve and I, listeners, we were both teaching Con Law in our respective classrooms
0:34.2	this morning. I was ironically teaching Shelby County versus Holder. Oh, were you? Well, I gave a sort of a tip of the day. I said, look, let's go over the ballot.
0:41.0	And, of course, this is a public institution. I did not recommend anyone vote any particular way, but I
0:45.4	told them. Are you, wait, wait, wait. Are you suggesting that it would be illegal for a public
0:50.2	employee to, I don't know, tweet about who someone should vote for? Like, I don't know,
0:55.2	should, like, like, if the president goes on Twitter and tells people to vote for a particular
0:59.4	candidate? I don't know that that's problematic nearly as much as it would be problematic
1:03.8	if you were actually in a classroom and your state employee using the class time to do it. So I was
1:08.5	very careful about mine. But there's one thing on the Texas
1:11.3	Constitution, so that there's all these ballot propositions, right? Because our Constitution at the
1:15.9	state level here has all sorts of stuff, you know, about my favorite one, whether or not our
1:20.8	Constitution should be amended to specify that professional sports teams can have raffles for charity.
1:27.6	And so, you know, that of course, as Edmund Randolph once said, you want the broad
1:31.3	principles.
1:32.2	You need to draft the constitution of these broad principles like raffles for sports teams.
1:35.9	But there's also that one, I think you've seen it too, about empowering the Texas legislature
1:41.0	to pass a rule that would in turn oblige Texas courts to allow the state
	...

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