The National Security Law Podcast: 702 is to Madison as 215 is to Hamilton

Robert Chesney, Steve Vladeck
Friday, March 8, 2019, 3:05 PM

So much to debate, so little time! Tune in as we plow through a host of recent (and not-so-recent) events in the world of national security law:

Published by The Lawfare Institute
in Cooperation With
Brookings

So much to debate, so little time! Tune in as we plow through a host of recent (and not-so-recent) events in the world of national security law:

  • Fazaga v. FBI: An important Ninth Circuit decision on the interaction between the state-secrets privilege and FISA, not to mention the question of how the reasonable expectation of privacy test might imply in the context of conversations in a mosque.
  • The demise of the USA Freedom Act phone records program? News that the program may have been dormant for the past six months has raised some hard questions at a time when its sunset is looming.
  • Chelsea Manning and possible charges against Julian Assange or Wikimedia: Does this portend Computer Fraud and Abuse Act charges that might enable prosecution of Assange/WikiLeaks in a manner that is less relevant for traditional journalists?
  • President Trump’s determination to override the intelligence community’s recommendations on security clearances
  • The Senate is poised to join the House in voting to overturn the border emergency declaration, but a veto override is unlikely.
  • The 200th anniversary of McCulloch v. Maryland
  • An executive order in which President Trump revokes President Obama’s order 13732 Section 3 requirement of annual disclosure of airstrike numbers and civilian and combatant casualties outside of areas of active hostilities (i.e., areas other than Afghanistan, Syria/Iraq, and Somalia).


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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