The National Security Law Podcast: ‘Tis Better to Have Impeached and Lost …

Robert Chesney, Steve Vladeck
Thursday, February 4, 2021, 1:15 PM

Published by The Lawfare Institute
in Cooperation With
Brookings

This week on NSL Podcast, co-hosts Steve Vladeck and Bobby Chesney discuss

  • The proposition that the First Amendment (particularly the Brandenburg rule) might matter for the Senate’s trial of the impeachment of Donald Trump
  • The D.C. Circuit’s ruling rejecting subject-matter jurisdiction over Philip Sundel’s attempt to gain access to a closed proceeding in the al Qosi litigation at the GTMO military commissions, with a special focus on the extensive dicta concerning the standing of agency employees to challenge the actions of their own agencies
  • The controversy that erupted in light of news that KSM might be vaccinated
  • The delay in the arraignment of Hambali and his co-defendants at GTMO
  • The confirmation of Secretary Mayorkas at DHS, and the delay of a confirmation hearing for Garland to be AG
  • The Biden administration’s termination of certain Trump-era cases DOJ had been pressing to SCOTUS
  • Canada’s decision to formally list the Proud Boys as a terrorist organization, and why the same thing cannot (under current law) happen in the United States

This, plus some lollygagging Bull Durham style, and dueling predictions about the Super Bowl!


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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