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The National Security Law Podcast

Episode 59: Share the Cookies

The National Security Law Podcast

Bobby Chesney and Steve Vladeck

Courses, Politics, News, Education, Government

4.8646 Ratings

🗓️ 13 February 2018

⏱️ 61 minutes

🧾️ Download transcript

Summary

We don't lack for topics this week!  In today's episode, Professors Vladeck and Chesney eat a number of cookies while talking about the following: Rachel Brand steps down at DOJ.  As George III might say, what comes next?  Your hosts review the order of succession. A triple update on military commission matters: Was the firing of Convening Authority Harvey Rishikoff linked to a possible plea negotiation with the 9/11 defendants?  What's the deal with the Nashiri trial judge suggesting that the lone remaining defense attorney attend a death penalty training course?  And what are the odds that the government goes ahead and transfers Darbi to Saudi Arabia next week? Next up: Two (formerly) British men who became especially-notorious ISIS members are now in the custody of Syrian Kurds, and the question of how to deal with them for the long term has arisen.  Should they go to GTMO?  Back to the UK?  Face military commission charges?  Or capital charges in a regular Article III court? Doe v. Mattis, the AmCit detainee case, now has two tracks.  On one, the D.C. Circuit in early April will have oral argument on the transfer issue.  On the other, the issues have now been joined on the merits back at the district court.  Spoiler alert: it's mostly about the 2001 AUMF and the Non-Detention Act. The #Mehmo and the Schiff Reply: Perhaps social media overreacted a bit to the Trump administration's refusal to declassify in full the current version of the Schiff Memo.  We predict a negotiated outcome resulting in the release of a modified version soon. Speaking of the Russians...Kaspersky Lab is suing up a storm!  Last December they sued DHS alleging a violation of due process when DHS banned federal entities from using Kaspersky products, and now they are suing the United States government as a whole alleging that a similar rule contained in the recent National Defense Authorization Act amounts to a...wait for it...Bill of Attainder.  We review both suits, and tell you which one has stronger prospects (relatively speaking). Thanks for listening!

Transcript

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0:00.0

Hello from Austin and welcome to episode 59 of the National Security Law podcast. We're brought to you by the Strauss Center at the University of Texas. I'm Bobby Chesney. I'm Steve Blattick. It's a quiet week in national security law land, Bobby.

0:23.4

We've had nothing to talk about,

0:24.6

so this will just be a pure Olympic review episode.

0:27.7

An Olympic review.

0:30.1

Well, I really like the 6'7 American skier.

0:34.7

Okay, that's good.

0:35.7

I think Blake Bennett in his name,

0:37.3

he gives me hope that like

0:39.3

tall people can be athletic of things other than height enhanced sports. So I have to confess,

0:45.9

I didn't know they were actually doing anything with athletes. I thought it was all just commercials.

0:49.6

Because every time I've turned it on, like that's basically what's been on. Well, that's what you got to do what I do. You have to record it.

0:55.5

And then, you know, fast forward.

0:57.2

As I like to say, store up some juice.

0:59.6

Speaking of Karen, I have to give a special shout out.

1:02.0

As we are sitting down to record this at 2.15 p.m. on Tuesday, February 13th, we have a delicious box of freshly baked chocolate chip and peanut butter

1:12.0

chocolate chip cookies from Tiff's treats.

1:13.9

Woohoo!

1:14.5

Courtesy of my wife, who's apparently for Valentine's Day wants me to get fat.

1:20.9

Well, I think what you want you to do is to have at least an afternoon's worth of shopping

1:25.2

before Valentine's Day afternoon arrives,

1:28.6

well understanding that you need to do something.

1:31.7

So I've been married to Karen for six years.

...

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