meta_pixel
Tapesearch Logo
Log in
The National Security Law Podcast

Episode 74: We’re Spending It On Barbecue!

The National Security Law Podcast

Bobby Chesney and Steve Vladeck

Courses, Politics, News, Education, Government

4.8646 Ratings

🗓️ 15 May 2018

⏱️ 71 minutes

🧾️ Download transcript

Summary

Spring classes may be over, but national security legal news hasn't slowed down one bit.  This week, Professors Chesney and Vladeck wrestle with the following: The D.C. Circuit ruling in Doe v. Mattis (forbidding the government from transferring him unless and until the government wins on the merits in the underlying habeas case).  How did the majority parse the doctrine of transfers, why did the dissent disagree, what will happen next, and--by the way--isn't it clear at this point that he *could* be prosecuted in civilian court under 18 USC 2339B? The D.C. Circuit briefing order relating to the al Nashiri military commission case:  The "seven-layer dip" case now has about layers, but the Circuit appears poised to take a substantial bite out of it in one fell swoop. Whether this will result in further difficulties for the prosecution or, instead, pave the way to trial, is not yet clear. The D.C. Circuit briefing order in Smith v. Trump, raising a mootness problem with an attempt by a deployed servicemember to challenge the government's interpretation that the AUMF applies to the Islamic State. The D.C. Circuit ... nah, just kidding, three D.C. Circuit items is plenty.  The next item instead is a telling comparison of two unfolding detention issues that are in the news but not the courts.  First, we have an ongoing debate (within the administration and also at the diplomatic level) over what to do with the IS fighters detained by SDF in Syria (especially the European citizens).  SDF won't hold these people forever--perhaps not even for long--but no clear plan has yet emerged.  Meanwhile, a separate story underscores how little we really know about what happens to captured IS fighters who end up in Iraqi custody, while also noting that the United States has some form of involvement in the resulting interrogations in at least some such cases. Quick timeout to recap this week's new Supreme Court opinions (including notes on severability and on reasonable expectations of privacy). The demise of the nuclear agreement with Iran We do squeeze in a modest dose of frivolity at the end, mostly NBA-focused.  But buckle up for next week--and send us your opinions in advance--as we grapple with a classic question: What are the best (or, if you prefer, worst) one-hit wonder songs?

Transcript

Click on a timestamp to play from that location

0:00.0

Hello from Austin and welcome to episode 74 of the National Security Law podcast.

0:14.0

We're brought to you by the Strauss Center at the University of Texas.

0:17.0

It's Tuesday morning, May 15th.

0:19.0

I'm Bobby Chesney.

0:20.0

I'm Steve Laude. Bobby, we can hear you.

0:22.0

Hey, did you get the sound balance right in the side? Okay, so listen, I feel bad because there seems

0:30.1

to be an annoying and alarming pattern where all of my technical screw-ups tend to be to your

0:36.4

disadvantage on this podcast. I don't know. I mean,

0:38.9

a lot of the commentary just wondered, maybe you're just, the phrase was boisterous, more boisterous

0:43.5

than me. I think that's objectively true. That's objectively true. Like, I'm not sure how much this

0:48.2

is a technical thing. Well, we'll at least try to counterbalance it technically, right? So hopefully

0:53.9

this week we've done better.

0:55.9

You know, I have to be distracted from the rest of the world somehow.

1:00.0

Well, and I'm pounding my latte here to get a little more extra energy to compete with you.

1:03.9

So hopefully we'll have a good sound balance today.

1:06.7

If nothing else, I say nothing for the content.

1:09.6

So what's going?

1:15.6

I mean, Bobby, our contributing member really sort of port, our sustaining member really ported on last week.

1:17.6

You know, one of our sustaining members.

1:18.6

That's right.

1:19.6

You know, maybe one day we'll learn the name of old John Doe and send of some national

1:25.6

security law podcast, swag because... we don't have swag well one day

...

Please login to see the full transcript.

Disclaimer: The podcast and artwork embedded on this page are from Bobby Chesney and Steve Vladeck, and are the property of its owner and not affiliated with or endorsed by Tapesearch.

Generated transcripts are the property of Bobby Chesney and Steve Vladeck and are distributed freely under the Fair Use doctrine. Transcripts generated by Tapesearch are not guaranteed to be accurate.

Copyright © Tapesearch 2025.