The National Security Law Podcast: This Podcast Needs a Reboot!

Robert Chesney, Steve Vladeck
Thursday, September 19, 2019, 11:29 AM

And we’re back, with a lot of news to cover! Tune in for discussion and (respectful) debate with our cohosts, Professors Vladeck and Chesney, as the review:

Published by The Lawfare Institute
in Cooperation With
Brookings

And we’re back, with a lot of news to cover! Tune in for discussion and (respectful) debate with our cohosts, Professors Vladeck and Chesney, as the review:

  1. Is it proper for the Director of National Intelligence to withhold from House Intelligence Committee a whisteblower complaint under the Intelligence Community Whistleblower Protection Act (ICWPA…Ick-Wipp-Uh!), where the IG has made a determination that the statutory standard has been met but the DNI disagrees? And what remedies might House committee (or Senate Intelligence Committee) have if the answer is no?
  2. About that colon/semicolon issue involving Marbury v. Madison
  3. Not surprising, but still fascinating: sues Snowden and his publisher because Snowden didn’t seek pre-publication review for his new book or for certain paid speeches.
  4. Back to GTMO: Two D.C. Circuit judges make a point of weighing in, via a dissent from denial of a suggestion for rehearing en banc in Qassim, to express their view that (notwithstanding Boumediene) noncitizens held at GTMO cannot invoke the Fifth Amendment Due Process clause.
  5. Executive privilege: Does it make any sense to say that it applies as to a conversation between the president and a private citizen?
  6. Paging Steve Vladeck about citing Steve Vladeck; or, the story of recursive citations

Best of all, however, is the path that leads from talk of a Princess Bride reboot to a generation-later sequel to Coming to America…


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.

Subscribe to Lawfare