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The National Security Law Podcast

Episode 49: Around the Horn With Interrogation, Detention, Prosecution, and Targeting

The National Security Law Podcast

Bobby Chesney and Steve Vladeck

Courses, Politics, News, Education, Government

4.8646 Ratings

🗓️ 12 December 2017

⏱️ 67 minutes

🧾️ Download transcript

Summary

In this week's episode, Professors Steve Vladeck and Bobby Chesney pick up the thread on a handful of familiar issues, and introduce a few new ones as well. Interrogation:  Their first topic is a blend, actually: the case of Akayed Ullah, who attempted to set off a pipe bomb in New York City yesterday.  Ullah was taken into law enforcement custody, but soon some quarters were calling for him to be placed in military custody for interrogation purposes. Your hosts will revisit the tangle of issues involving Miranda, presentment, habeas, and more that such arguments raise. Habeas and military detention: Next up is a recap of Monday's hearing in ACLU v. Mattis, in which the government continues to resist efforts to determine whether a US citizen held as an enemy combatant in Iraq wishes to pursue habeas review, and whether that review can begin now or must await some further development. The 2001 and 2002 AUMFs: DOD's acting General Counsel recently gave a speech outlining the administration's views on the 2001 and 2002 AUMFs, and the possibility of repeal-and-replace.  Your hosts will flag the highlights. Somalia: Staying with the AUMF theme, the next topic will explore the legal implications of a New York Times story on plans for expanded operations in Somalia. Military Commissions: Last but not least, there are some new charges pending in the military commission system, raising some interesting scope-of-conflict questions. Of course, that's not really the last topic of the day.  The real last topic? As always on this show, your hosts close with frivolity.  This week it is: terrible movies that we nonetheless love.  Be sure to hit us up on @nslpodcast to share your own favorites!

Transcript

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0:00.0

Hello from Austin and welcome to episode 49 of the National Security Law podcast.

0:15.1

We're brought to you by the Strauss Center at the University of Texas. I'm Bobby Chesney.

0:19.8

I'm Steve Laudec. Classes are over.

0:22.9

Classes are over. Steve, we've got, like they said, like sticks said once. We've got too much

0:27.5

time on our hands. Well, we can only get into mischief if that's true. This is true. Actually,

0:32.2

we don't have too much time on our hands. We have a lot to do. We got to write exams. We got to write exams. Wait. You got to produce this podcast. We have to

0:38.6

exams. Yeah, bad news, man. Bad news. We do exams. But, but, but no. Yeah, so hopefully none of my

0:48.0

students are listening to this podcast because you should be studying for your other exams.

0:51.7

That's right. Put this down right now.

0:54.5

Because we're last, right?

0:55.5

We're not until next Thursday.

0:56.9

Next Thursday, both of our classes will be taking the constitutional law exam.

1:01.0

I'm just going to say right now, Dover versus Mattis, not on the exam.

1:04.6

Not on the exam.

1:05.3

In fact, I suspect nothing we're going to talk about here.

1:07.2

We'll be on the exam.

1:08.0

So students, please go back to this.

1:09.7

Yeah, seriously. There's nothing to see here. So Bobby, it is, I don't know, Tuesday, December 12th. This is,

1:15.8

we're recording earlier than usual because we don't have class. That's right. Normally we'd

1:19.2

be busier right now, so we're free. We're free. What's going on? Oh, not too much. There's a few things to discuss, but one of them is not Section 702 renewal.

1:28.6

We got 19 days till the expiration, T-minus 19.

1:32.9

And I think our prediction that what's going to happen is, amidst all the tax bill and

...

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