Episode 85: Party Like It’s June 28, 2004!

The National Security Law Podcast

Bobby Chesney and Steve Vladeck

Courses, Politics, News, Education, Government

4.8 • 646 Ratings

🗓️ 7 August 2018

⏱️ 74 minutes

🔗️ Recording | iTunes | RSS

🧾️ Download transcript

Summary

It had to happen sooner or later: an actual slow week for national security law! Ugh! Well, time to make lemonade from the lemons. A slow week in NSL news means that we can take a run at a format that we originally expected to be a mainstay for the show: a deep-dive into a single significant development. In this case, we're going back to June 28, 2004, and the Supreme Court's decision in Hamdi v. Rumsfeld. It was a titanic ruling relating to military detention authority, the AUMF, citizenship, due process, and more. In some respects, it was a huge win for the government. In others, it was a huge defeat. We unpack it all, along with a great deal of historical context, over the course of the hour. And for dessert? Frivolity circa 2004, of course! Buckle up for a stroll down memory lane with the top movies, tv shows, books, and songs of 2004.

Transcript

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0:00.0	Hello from Austin and welcome to episode 85 of the National Security Law Podcast, brought to you by the Strauss Center at the University of Texas.
0:17.0	It is Tuesday morning, August 7th. I'm Bobby Chesney. I'm Steve Lottick. Bobby, I don't, I mean,
0:23.1	we both worried that this was going to happen. I think we thought it would happen sooner rather than later,
0:27.4	but it's episode 85 and we don't have a lot to talk about. You know, this finally, maybe,
0:34.0	could be a reasonably short episode. Nah.
0:41.9	We may not have much to talk about, but we were hardly going to let that stop us. I was going to say, it's never stopped us before.
0:43.8	I mean, you know, maybe our listeners want to hear me talk for 45 minutes about why the
0:48.7	Supreme Court granted rehearing yesterday in our Ortiz trailer petition, Abdi Rahman versus United States, but I doubt it.
0:56.6	We could, you know, certainly mention that, and that would be something that could get us
1:00.8	through at least the first two minutes of the show.
1:02.3	I was going to sit down like that's 90 seconds in.
1:04.6	We could do a Paul Manafort trial update, but...
1:07.5	So is everybody.
1:08.8	Right, everybody else is doing that.
1:09.4	You don't need to do that. We can talk about how the president now basically admitted that, you know, that whole
1:13.7	thing about the Trump Tower meeting.
1:17.1	That's the smoking gun tape 40, you know, 40, 44 years later.
1:21.4	Well, we will not do any of that.
1:23.4	And instead, to fill the time, we've decided something we originally set out to do on this podcast.
1:28.5	I was going to say, this was like, this was originally our, like, our original plan when we sketch this out was, you know, every week we'll do a deep dive in this, some different area of national security law that folks may not know that well.
1:38.0	Right.
1:38.4	And then the news took over.
	...

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