Hello, is this thing on?  Check one, check two...testing, testing.  We're good?  Alright alright alright... It's been 100 days between shows.  Thought maybe the world might be calmer if we waited a bit, but no such luck!  We are, however, very glad to be back on the air with a fresh (and rather long!) episode. Tune in for topics including: * Israel & Hamas * Ukraine & Russia * America & the Houthis * 702 renewal * TikTok & prospects for the divestment bill...

Barring an unlikely spate of more than a dozen episodes happening over the next week, it sure looks like Steve has won his bet with Bobby, for this marks the 16th episode of 2023.  Ouch, that's not even *close* to the 30-show target!  But tune in anyway if you are interested in a thorough overview of what is and is not clear about the Colorado Supreme Court's decision disqualifying Donald Trump from the ballot under color of Section 3 of the 14th Amendment (that is, on grounds that Trump had...

Two months between episodes?  Looks like someone will be buying Steve a dinner at the conclusion of 2023 (barring a pivot to posting new episodes every day). As for what is on tap in episode 243: * Israel and Gaza: a review of key international law issues * The United States and Iran: a review of key domestic law issues * Trumplandia: checking in on, like, 17 separate cases currently underway As for frivolity: there are some (inevitable) ramblings about football, but much...

Sorry about accidentally taking the whole month off, but we're back with a classic: tune in for the 9/11 case warm-up, and stick around for 45 minutes of wrangling over the PCLOB Report on Section 702!  And, yes, frivolity, always frivolity (wherein we discuss the musical Six, football, and gargantuan mismatches).

Tune in for the latest, in which we discuss life as a fall 1L, RICO, removal, Nashiri, Bahlul, Shimari, Barbie, and Silo. And if all those names mean something to you...well, you are among the select few, and this pod is for you!

If you are interested in a detailed and careful explanation of the charges at issue in United States v. Trump (the recent indictment of the former president in relation to his effort to overturn the results of the election), the way that the alleged facts related to those offenses, and the relatives strengths and weaknesses of the most likely defenses...well, this is the show for you.  Though co-hosts Steve Vladeck and Bobby Chesney originally planned to discuss an array of topics in addition...

Well, it's been about a month, so it's good we are finally back with a fresh episode!  Tune in as hosts Steve Vladeck and Bobby Chesney kick the tires on: * The New York Times story (per Charlie Savage) on the Biden Administration's October '22 revised policy guidance on kill/capture operations outside areas of active hostilities * Touching base with the will-it-ever-end (no) Nashiri litigation * The National Guard, federal court-martial jurisdiction for members not in federal...

Today's episode focuses on the indictment in United States v. Donald Trump and Waltine Nauta, S.D. Fla. (23-80101-CR).  Co-hosts Steve Vladeck and Bobby Chesney walk you through the factual allegations, the crimes charged, the areas where tricky evidence questions might arise, the process for selecting the presiding judge, and the prospects for an array of things including: recusal; a Presidential Records Act defense; a I-declassified-this-stuff defense; a pre-verdict Rule 29 motion for...

And we're back, with co-hosts Steve Vladeck and Bobby Chesney breaking down the latest national security law news along with much else.  This week the spotlight is on the D.C. Circuit's en banc decision in al Hela, which grapples with the applicability of the Fifth Amendment Due Process Clause (in both its procedural and substantive aspects) to GTMO detainees.  We've also got an update on the Badilla contractor immunity case (in which Steve plays a role as counsel to the plaintiffs), some...

Good morning!  Episode 236 covers: The Trump Indictment The Biden Administration's Executive Order on Abusive Commercial Spyware A CENTCOM strike against an IS target in Syria The future of private prosecutors?

We're back with a Spring Break edition, featuring: * ICC cases emerging against Russian defendants for (1) removing children from Ukraine to Russia and (2) attacking civilian infrastructure * A UK drone strike in Syria, a US drone strike in Yemen, and a US drone struck (by the Russians) * Renewal of Section 702 and the Rep. LaHood story * TikTok, CFIUS, and the RESTRICT Act * Another GTMO transfer * Possible repeal of the 2002 and 1991 Iraq AUMFs And an early start to...

Are you ready for a DEEP DIVE?  We've got an extended conversation today explaining the stakes and anticipating the outcomes in two cases argued in front of SCOTUS this week:  Google v. Gonzalez and Twitter v. Taamneh.  The cases present questions about the scope of civil liability under the Anti-Terrorism Act in the aiding-and-abetting context (as applied to the use of social media platforms by terrorist groups) and the proper interpretation of Section 230 of the Communications Decency Act...

We are delighted this week to feature two Texas Law students -- Sam Libby and Alex Rigby -- who earned the chance to co-host the show with us thanks to their generosity supporting the Texas Law Fellowships program (a charitable endeavor that supports Texas Law students doing summer public interest work).  Join us as we talk about just how it is that Prime Minister Trudeau can be involved in orders that result in American F-22s taking out a UFO, a largely-unremarked material support...

After a week with no electricity, Professors Vladeck and Chesney are back with the latest in national security law news.  Tune in for discussions of: * the law (or lack thereof) when it comes to balloons, altitude, and aerial espionage * sanctions on the Wagner Group and also on various Russians associated with ransomware * FBI and DOJ disrupting the Hive ransomware group * Majid Khan transferred from GTMO to ... Belize? * Ted Olson on the military commissions...

What's this, a one-week turnaround between shows?  Will wonders never cease? In a throwback to the days of this being a weekly show, your co-hosts Bobby Chesney and Steve Vladeck are back on a quick turnaround in order to debate and discuss: * A new seditious conspiracy conviction arising out of Jan. 6 * A New York State "material support" prosecution (State v. el Faisal) * Various SCOTUS updates * Any classified documents that we might have found when cleaning up the ol'...

Wouldn't want you to be misled by the episode number (though we do actually foreshadow some future Section 230 coverage in light of an upcoming pair of SCOTUS cases)!  At any rate: tune in as Professors Chesney and Vladeck discuss what is and isn't similar about the Trump and Biden classified documents scenarios; the relative authority of the President and Congress under the Arms Export Control Act (in light of the potential sale of F16s to Turkey); the 21st anniversary of GTMO; the...

Happy 2023 y'all!  We are off to a quick start this year.  Tune in as Professors Vladeck and Chesney discuss recent developments, including: * The Supreme Court's "Title 42"-related action in Arizona v. Mayorkas * Highlights from the National Defense Authorization Act for Fiscal Year '23 (including a National Guard reform that did not make it, and a newly-clarified authorization for Cyber Command that did) * Central Command's year-end summary of its counter-ISIS operations in Syria...

Holiday edition!  Tune in as co-hosts Steve Vladeck and Bobby Chesney discuss the rapid demise of the attempt by Donald Trump's lawyers to use Executive Privilege in relation to the classified documents found at Mar a Lago, the arrival in the US of a former Libyan intelligence officer charged with a key role in the horrific bombing of Pan Am 103 in 1988, the arrival in the US of a Mauritanian man charged with several terrorist attacks in Mali, the arrival in the US of erstwhile crypto...

Hello friends!  We're back with a new episode. Tune in as Professor Steve Vladeck and Dean Bobby Chesney chat about (1) the fate of Twitter, (2) the national security implications of the election results, (3) a just-released 2016 NSA IG report, (4) the latest GTMO transfer, (5) Bobby's just-published Harvard Law Review piece (concerning two SCOTUS cases last year which touched on the state secrets privilege), (6) Steve's brand-new substack newsletter--One First--exploring all things SCOTUS,...

So, it's been a while...but we're back!  And it's time to buy Steve's book on the Supreme Court's Shadow Docket: tinyurl.com/shadowdocket Meanwhile, in today's episode, we'll review the ongoing Mar-a-Lago documents litigation, the Jan. 6 Committee's subpoena to ex-president Donald Trump, the Biden Administration's new policy memorandum on lethal force outside areas of active hostilities, the Justice Department's new update to its state secrets privilege process policy, the new executive...

Hello, and welcome back to the National Security Law Podcast, with co-hosts Bobby Chesney and Steve Vladeck! In this episode, we dig into the latest filings in the Mar-a-Lago classified documents/presidential records litigation, emphasizing the mounting reasons to believe that the first charges we might see in relation to all of this will involve not the underlying questions about unlawful retention of presidential records or national defense information, but "investigative offenses" such as...

After just one week, incredibly, we are back!  And we're joined by two of our fantastic Texas Law students.  Ryan Brown and Adam Goodrum won the right to guest host at last year's public-interest auction at Texas Law, and as it happens they signed up for the episode coinciding with the unsealing of the now-famous Mar-a-Lago search warrant! If you are itching for a nearly line-by-line breakdown of the three criminal statutes mentioned in the search warrant application (as well as a key...

Well, the original idea was to have a short episode about the strike that killed al Zawahiri, and to recap the D.C. Circuit's Larabee ruling.  But then just before showtime, we learned of the FBI executing a warrant at Mar-a-Lago, not to mention an avalanche of awfully-inflammatory commentary about the significance of this event.  Between that and the Mets on a hot streak, we ended up with a lot to discuss!  Tune in for all the classic hits, such as: What is the legal significance of a formal...

And we're back, with yet another interminable window of extemporaneous frivolity at the front end of what otherwise is a somewhat serious show about the latest national security law developments and debates (seriously). Listen up as co-hosts Steve Vladeck and Bobby Chesney discuss Russia's denial of combatant immunity to foreign fighters in Ukraine (including some Americans), how this pertains to mercenary status, how it compares to US policies on al Qaeda and Taliban fighters, how this in...