Lawfare News

The National Security Law Podcast: [Insert Inscrutable Title Here]

Robert Chesney, Steve Vladeck
Tuesday, June 15, 2021, 1:56 PM

Published by The Lawfare Institute
in Cooperation With
Brookings

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!
  • GTMO closure trial-balloon? About that NBC News story that mentions a possible desire to put the long-term military detainees in a Supermax prison rather than a military facility
  • Over-the-horizon uses of force in Afghanistan post-withdrawal: so, will that be subject to the PPG as a use of force outside a zone of active hostilities?
  • Leak-hunt subpoenas: we’ve got subpoenas concerning the communications of journalists … and members of Congress … and the White House Counsel. Where are the legal and policy redlines in such cases?
  • Mike Flynn, Larabee and the idea of recalling separated service members in order to subject them to court-martial proceedings (based on post-separation conduct)

Also, did we mention the Mets are in first place? Join the MLB-themed frivolity as we ramble about teams and players doing surprisingly well and surprisingly not-so-well!


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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