Episode 86: This Episode Was Not Recorded in the Situation Room!

The National Security Law Podcast

Bobby Chesney and Steve Vladeck

Courses, Politics, News, Education, Government

4.8 • 646 Ratings

🗓️ 14 August 2018

⏱️ 68 minutes

🔗️ Recording | iTunes | RSS

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Summary

We are back with review and analysis of the latest national security law developments, hot on the heels of last week's deep-dive episode. We'll have another deep dive soon, but for now it's back to some old chestnuts. We've got: Doe v. Mattis -- another delay to report, and some further speculation about the role that passports might be playing in the negotiation. al-Alwi -- last week we shared a few preliminary reactions to the D.C. Circuit's al Alwi decision, and now we're back with an in-depth analysis. A circuit-split on a Bivens remedy in cases involving a cross-border shooting: we've got an explainer on the relationship between the Rodriguez decision in the Ninth Circuit and Hernandez II. PCLOB lives??? A few quick notes on the latest nominations to the PCLOB. If only the Senate would actually confirm some of these folks, this valuable institution would no longer be--wait for it!--inquorate. A note on the military commissions: not much cooking here because the Nashiri litigation is held up at the Court of Military Commission Review, but we do at least have a new judge in the case. Trumplandia: We mostly resist the temptation to wallow in the Omaraso debacle, and actually keep this segment of the show short for once. Mostly we chat about the fact that four federal judges (now including a Trump appointee) have all rejected claims that Special Counsel Mueller's appointment is unconstitutional. Notes on the National Security Division: We check in with NSD, finding a handful of pleas, sentences, and other developments in national security cases (including the apprehension by the Cubans of an American trying to fly to Russia in the 12th year of his abscondment from alleged acts of terrorism for the Earth Liberation Front...definitely sounds like the plot of a TV show). And then we just start indulging ourselves with what must be twenty or more minutes of rambling frivolity, starting with some TV and movie reviews and spreading out to cover some books and...NBA projections? Remember: experts on national security law, but nothing else!

Transcript

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0:00.0	Hello from Austin and welcome to episode 86 of the National Security Law podcast, brought to you by the Strauss Center at the University of Texas.
0:17.4	It's Tuesday morning, August 14th, and I'm Bobby Chesney.
0:23.5	I'm Steve Lottick. Episode 86. That just gives me Mets. 1886. The only happy moment. Well, one of the very few happy moments in my professional
0:31.4	sports history. Thanks Bill Buckner. Seriously. Well, no, we've talked about this before. Thank you,
0:37.4	Bob Stanley. Well, thanks Bob Stanley. The game was already
0:39.3	tied. The Mets were going to win the game if it went on to the 11th inning. Bill Buckner was
0:44.0	Bob Stanley gets way too little blame. I mean, listen, the tie and run in a potentially
0:51.5	decisive World Series game scored on a wild pitch.
0:55.1	Like, you know, imagine if it worked for Bill Buckner how much we'd talk about Bob Stanley.
0:59.1	Exactly. So congratulations, Bob Stanley. You owe Bill Buckner.
1:03.0	All right. So, Bobby, we're sort of back.
1:05.4	Yeah. We're going to do a regular episode this week.
1:07.9	Regular episode.
1:08.6	We really appreciate all you guys who reached out with the kind words about the deep dive.
1:12.4	We're encouraged to do that again.
1:13.9	Those of you who reached out with less kind words, we don't appreciate it.
1:17.1	We don't acknowledge you.
1:18.5	No, we got pretty much uniform positive feedback on that.
1:21.1	And I think the general sentiment is, hey, from time to time, yes, do that, which is good.
1:25.3	Because I'm going on vacation. Yeah. Steve thinks he's allowed to leave the building.
1:29.4	I don't know where he got this idea.
1:31.2	As your associate dean, I object.
	...

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