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The National Security Law Podcast: The Blah-to-Coup Ratio is Increasing

Robert Chesney, Steve Vladeck
Tuesday, December 1, 2020, 9:02 AM

Published by The Lawfare Institute
in Cooperation With
Brookings

And…we’re back! Tune in as Professors Steve Vladeck and Bobby Chesney discuss the latest in national security legal developments, including:

  1. Prospects for the Biden Administration to chart a new course with respect to (a) the use of military detention at GTMO, (b) the transfer of GTMO detainees approved for such transfer already, or (c) the use of military commissions as the vehicle for criminal prosecutions
  2. Prospects for the nomination to be Secretary of Defense, and the role of the federal statute requiring servicemembers to be out for at least seven years before becoming eligible for that (civilian) position
  3. Comments on the other national security nominees to this point
  4. More on the plethora of election-related lawsuits and the larger problem of bogus claims about massive fraud
  5. Steve’s win in the Larrabee lawsuit, in which Judge Leon has now held that it is unconstitutional to subject separated servicemembers to face recall for court-martial prosecution for post-separation crimes
  6. The killing in Iran of a senior al Qaeda figure, and the related question of how the passage of time impacts (or does not impact) an individual’s connection to the AUMF and the U.S. government’s position on the existence of an armed conflict with al Qaeda

And, at long last, frivolity focused on The Mandalorian Season 2! (Plus, the improbable playoff prospects of the New York Giants, for whom anything is possible with Colt McCoy at the helm!)


Topics:
Robert (Bobby) Chesney is the Dean of the University of Texas School of Law, where he also holds the James A. Baker III Chair in the Rule of Law and World Affairs at UT. He is known internationally for his scholarship relating both to cybersecurity and national security. He is a co-founder of Lawfare, the nation’s leading online source for analysis of national security legal issues, and he co-hosts the popular show The National Security Law Podcast.
Steve Vladeck is a professor of law at the University of Texas School of Law. A 2004 graduate of Yale Law School, Steve clerked for Judge Marsha Berzon on the Ninth Circuit and Judge Rosemary Barkett on the Eleventh Circuit. In addition to serving as a senior editor of the Journal of National Security Law & Policy, Steve is also the co-editor of Aspen Publishers’ leading National Security Law and Counterterrorism Law casebooks.

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