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The National Security Law Podcast

Episode 94: The Enemy of My Friend Is My Enemy

The National Security Law Podcast

Bobby Chesney and Steve Vladeck

Courses, Politics, News, Education, Government

4.8 • 646 Ratings

🗓️ 11 October 2018

⏱️ 61 minutes

🧾️ Download transcript

Summary

It's a late-night, mid-week episode of the National Security Law Podcast! We've got: Senator Kaine's letter to DOD raising questions about the theory of collective self-defense as applied in the domestic law context, in relation to the AUMF and Article II. Speaking of the AUMF, it's the 17th anniversary of the opening of overt US military engagement in Afghanistan. Doe v. Mattis is over at last!  Just kidding, it's totally not over.  Instead, today was the 7th consecutive extension of time as the parties continue to try to work out whatever it is they are trying to work out. The beat goes on.... The possible murder of Jamal Khashoggi inside a Saudi consulate in Turkey continues to spark outrage, and so we explore some of the legal questions including the potential application of the Magnitsky Act and also the odd question of how to think about a lethal use of force inside of a consulate from an UN Charter Article 2(4) perspective. The remarkable extradition of a Chinese Ministry for State Security case officer, from Belgium to the US, to face charges involving theft of IP from American aviation companies. The fascinating question of whether 5 USC 3110 (the Anti-Nepotism Act) would apply were President Trump to attempt to make his daughter the new UN Ambassador, and whether application of the statute in that context would raise constitutional problems. The ECHR decision in Big Brother Watch and Others v. United Kingdom, finding that certain aspects of UK surveillance law violate Article 8 (privacy) of the European Convention on Human Rights. As for the requisite frivolity: we've got concert reviews, with Steve weighing in on the Indigo Girls and Bobby reporting back from ACL Fest Weekend One, with both Paul McCartney and Greta Van Fleet on tap.

Transcript

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0:00.0

Hello from Austin. Welcome to Episode 94 of the National Security Law podcast. We are brought to you by the Strauss Center at the University of Texas. It's Wednesday night. It's October 10th. I'm

0:22.7

Bobby Chesney. I'm Steve Loddick. It's another one of those night-type episodes, which

0:26.0

can only mean our schedules were once again totally incompatible. So you were

0:31.1

traveling, you went to, I believe, Louisville? I went to Louisville. Were you there as

0:34.1

an NCAA investigator checking out allegations about Rick Petino?

0:38.3

A little soon, buddy.

0:39.3

Little soon.

0:40.3

It's a little too fresh.

0:41.3

But no, I had a great time at Louisville with my friend Justin Walker, who's on the faculty

0:45.3

there who set this all up.

0:47.3

Justin's had an interesting couple of months.

0:49.3

Justin's a former Kavanaugh Kennedy Clerk.

0:51.3

Oh, wow.

0:52.3

So things have been interesting on his side.

0:53.3

Were you talking about Supreme Court stuff? I was actually talking about Guantanamo. I remember

0:58.0

that place. I know, right? We should find a way to work that into the show tonight.

1:02.2

Something new is different for this podcast, a Guantanamo reference. But so it's one tonight

1:06.4

Karen was telling me that, you know, there's a colleague of hers who's a fan of the show,

1:11.7

who was pestering her all day, when's it going to drop, reloading the feed.

1:15.7

You know, hopefully the absence makes the heart grow fonder.

1:19.3

The good news is, here we are.

1:21.3

The bad news is, here we are.

...

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