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...

And...we're back, and in less than a month, remarkably!  Tune in as co-hosts Steve Vladeck and Bobby Chesney discuss (1) the latest seditious conspiracy indictment arising out of January 6th, (2) the Navarro contempt of Congress charge, (3) the latest developments in the lawsuits challenging the Texas and Florida social media content-moderation laws, and (4) enforcement of Commerce Department licensing rules designed to prevent certain US-made aircraft from being taken to Russia (or Belarus)...

Some of y'all were wondering if the show was done-for now that co-host Bobby Chesney has been named the next dean of the University of Texas School of Law.  But as it turns out, the main impact of that on the show probably will be no more and no less than to take the level of preparation that he and co-host Steve Vladeck put into things to new lows! All of which is a long-winded way of saying: we're back with a fresh episode, this time focused on (1) discussion of the leak(s) associated...

Ok, ok, it's been a full month since the last episode.  But good things come to those who wait!  We are back, and hope you'll tune in as co-hosts Bobby Chesney and Steve Vladeck discuss the latest in national security legal news, including: * The questions associated with neutrality and co-belligerency (and especially "qualified neutrality") in relation to US and allied support to Ukraine in the Ukraine-Russia War * The Supreme Court's decision to grant a stay in Lloyd Austin v. U.S....

What a treat we have for you this week!  Assistant Attorney General Matt Olsen, head of DOJ's National Security Division, sits down with co-hosts Bobby Chesney and Steve Vladeck to talk about a wide range of NSD-related topics: * the origins of NSD * the Section 702 sunset next year * indictments against Russian hackers * sanctions enforcement * focusing on China's commercial espionage and transnational repression * the continuing international terrorism threat * the...

And we're back! Tune in as Professors Bobby Chesney and Steve Vladeck discuss and debate: * ICC jurisdiction over war crimes on Ukraine's territory * Limits on sharing tactical intel and arms? * The Neutrality Act and its implications for those interested in going to Ukraine to fight * The Supreme Court's twin State Secrets Privilege rulings last week (Zubayda, Fazaga) * Qhatani transferred out of GTMO * A pair of recent rulings against the Navy on its COVID vaccination...

We are back with a fresh episode, hot on the heels of Russia's latest incursion into Ukraine. Tune in as we survey some of the legal dimensions to this latest development (including discussion of the impact of diplomatic recognition on UN Charter Article 2(4)), as well as the various sanctions frameworks that are now in play.  We also check in on an important district court ruling in the civil suit against former President Trump in relation to the January 6 insurrection, exploring its First...

We are back, and even though one of us apparently cannot work this new tech called a "calendar," we're excited to bring a shorter-than-usual episode without having a whole month go by! Tune in as co-hosts Steve Vladeck and Bobby Chesney discuss and debate: * The Biden Administration's change of position on the availability of coerced statements for use in pre-trial proceedings in military commissions * The news of the capture, repatriation to the United States, and federal court...

Seeing as how 2022 is well underway, it's probably about time we produced a new episode!  Tune in for co-hosts Steve Vladeck and Bobby Chesney as they discuss and debate: * The various international and domestic law questions that might arise in that Russia (further) invades Ukraine * The oral argument in Thompson v. Trump (especially the presidential immunity question) * The who-owns-the-privilege question in Trump v. Thompson (not a typo) * The seditious conspiracy indictment...

Welcome to our official Holiday Office Party, where we mainly just hope things will go smoother than they did for the good people of Nakatomi Corporation in 1988! In this episode, co-hosts Steve Vladeck and Bobby Chesney discuss: * The state of the criminal contempt of Congress proceedings against Steve Bannon and Mark Meadows * The D.C. Circuit's ruling refusing to assert post-presidential decision-making authority to Donald Trump in relation to the records of his presidency held...

Ah, well, that took a bit longer than expected!  We promise we don't mean to let this become a quarterly show, or even a monthly.  Too much national security law for that! In today's episode, we discuss: * Haroon Gul's victory in a GTMO habeas case (and what it may or may not mean for the bigger picture) * Majid Kahn's sentencing testimony (and the clemency letter that the majority of the panel subsequently issued) * The SCOTUS decision to deny cert. in ACLU's attempt to...

What's that?  A new episode?  What have these guys been doing all month... Well, whatever they've been doing all September since Episode 209, Professors Vladeck and Chesney are back at last with a new episode.  Tune in as they discuss and debate: * The en banc D.C. Circuit oral argument in al Hela (asking, inter alia, whether the Due Process Clause applies at GTMO) * A preview of the upcoming SCOTUS arguments relating to the State Secrets Privilege * The Dorfman/Naylor/Isikoff...

This week on the National Security Law Podcast, we mark 20 years since the 9/11 attacks.  Tune in as co-hosts Steve Vladeck and Bobby Chesney share their views on the major legal developments unleashed by that awful day, in a broad retrospective on the era.

In this week's episode, we focus on the unfolding situation in Afghanistan.

It's been a long summer break for the podcast, but we're back! Tune in today as Professors Chesney and Vladeck discuss and debate: * AUMF reform prospects (2001 AUMF in particular) * Ongoing uncertainty as to the fate of the Presidential Policy Guidance re use of lethal force outside areas of active hostilities * Litigation exploring whether a unanimous panel should be required in courts-martial * A semi-deep dive into Jacobson, the 1905 Supreme Court case that upheld a local...

[Updated to fix the audio issue with the original file...though I have to admit, it was very entertaining to hear the hosts speaking an octave too low!)  We're back with another round of discussion and debate featuring co-hosts Steve Vladeck and Bobby Chesney, working through the latest national security law developments. Tune in for: * The end of the decade-long run of General Mark Martins as Chief Prosecutor at GTMO * The interagency debate within the Biden Administration regarding...

We're back, with one slightly-older co-host and another co-host who is ready to drive across the country!  Tune in for discussion and debate relating to: * The domestic and international law aspects of the Biden administration's decision to conduct airstrikes against Kata'ib Hezbollah targets in Syria and Iraq * The ongoing Biden administration internal debate over which rules should govern the use of lethal force in locations other than Syria and Iraq * The Supreme Court's denial...

Hello from Austin! We're back with a new episode!  Tune in as your co-hosts Professor Steve Vladeck and Bobby Chesney discuss and debate: * SCOTUS narrows the scope of the Computer Fraud and Abuse Act in Van Buren * SCOTUS grants cert. in Fazaga, adding to the sense that the October '21 Term will be unprecedented for its engagement with state secrets privilege and FISA issues * The Biden Administration withdraws IEEPA sanctions against TikTok and WeChat...for now, at least! *...

We are very excited for this week’s show, in which we interview Eric Goldstein–the Executive Assistant Director for Cybersecurity at DHS CISA!  We had a terrific conversation, with a focus on (1) understanding the specific programs and activities that CISA engages in to improve cybersecurity, (2) the highlights from President Biden’s cybersecurity executive order, and (3) career pathway insights. We did not neglect the frivolity either–we’ve got NBA playoff predictions (including that rarest...

Recording episode 202 was something of a milestone for us, because we met in Steve’s office for an in-person recording for the first time since Before.  Wow!  We’re grateful to be back in the “studio,” and we found it was a much-more fun experience for us.  See if you can detect the difference as we talk about * A GTMO military commission ruling construing the Military Commissions Act prohibition on the admissibility of information derived from torture or cruel, inhuman, or degrading...

Our latest episode is shorter than normal because…well, we recorded most of it and then lost the file.  Suffice to say we were a bit tired by the time the re-recording was done!  Or maybe we’re better off this way?  Either way, tune in for our thoughts on the DC Circuit’s en banc grant in the al Hela GTMO detainee case (asking whether the Fifth Amendment Due Process Clause applies at GTMO), the ACLU’s attempt to get SCOTUS to review a FISCOR decision relating to the ACLU’s efforts to compel...

Thanks so much to everyone who attended (virtually) tonight’s live recording of episode 200!  It was a blast. We covered: * The drawdown in Afghanistan and its legal implications (for the AUMF, detention, habeas litigation, the use of force, you-name-it) * The latest developments in the Military Commissions * The new round of sanctions against Russian entities–particularly those relating to the SolarWinds episode * FBI’s use of a Rule 41 search(-and-seizure) warrant to delete webshells...

In this week’s episode, co-hosts Steve Vladeck and Bobby Chesney discuss and debate: * The proposed Domestic Terrorism Prevention Act (and DOJ’s January 2021 response to an earlier version of the DTPA) * A pair of recent federal prosecutions involving attempt/conspiracy to provide material support to the Islamic State–and corresponding lessons about the way in which terrorism cases are developed using cooperating witnesses and undercover officers. * The DC Circuit’s ruling in the...

Welcome back!  This week your co-hosts Steve Vladeck and Bobby Chesney discuss and debate: * The PCLOB’s report on Executive Order 12,333 * The government’s decision to shutter Camp 7 at GTMO, consolidating those detainees with others at Camp 5 * The proposed DC National Guard Home Rule Act * The Supreme Court’s decision to vacate and remand (for dismissal on mootness grounds) the Second Circuit’s decision finding that President Trump violated the First Amendment by blocking followers...