The National Security Law Podcast: This Podcast Is Not a State Actor

Robert Chesney, Steve Vladeck
Tuesday, July 13, 2021, 4:24 PM

Published by The Lawfare Institute
in Cooperation With
Brookings

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 whether to concede that the Due Process Clause applies to GTMO detainees (either in the habeas context or more broadly), in connection with the al-Hela litigation currently pending before the en banc D.C. Circuit
  • Interstate deployments (without federalization) of state national guard forces, and the state-level separation-of-powers issues arguably raised by private funding of NG activities
  • OLC’s opinion on the removal power
  • New life for the US effort to extradite Julian Assange from the UK
  • Donald Trump attempting to invoke the First Amendment as the basis for a civil action challenging the actions of (private) social-media companies
  • Brief notes on the parallel between the so-far-unsuccessful efforts to deter both attacks on US forces in Iraq and ransomware attacks emanating from Russia

And as always, there’s much frivolity both at the start and the finish!


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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