The National Security Law Podcast: Behold, Our Q4 Episode

Robert Chesney, Steve Vladeck
Wednesday, November 10, 2021, 9:02 AM

Published by The Lawfare Institute
in Cooperation With

Ah, well, that took a bit longer than expected!  We promise we don’t mean to let this become a quarterly show, or even a monthly.  Too much national security law for that!

In today’s episode, we discuss:

  • Haroon Gul’s victory in a GTMO habeas case (and what it may or may not mean for the bigger picture)
  • Majid Kahn’s sentencing testimony (and the clemency letter that the majority of the panel subsequently issued)
  • The SCOTUS decision to deny cert. in ACLU’s attempt to establish a constitutional right of public access to at least some FISC opinions (and the Gorsuch-Sotomayor dissent)
  • The SCOTUS oral argument in Fagaza, raising both statutory interpretation questions about FISA (and, possibly, constitutional questions about the State Secrets Privilege)
  • Today’s DOJ announcement about Poland’s arrest (and America’s extradition request concerning) a Ukrainian national associated with the REvil ransomware Kaseya campaign
  • The conviction (for economic espionage) of a Chinese MSS official who attempted to get an American GE employee to spill secrets (and the extradition of the defendant from Belgium, where he thought he was going to take delivery of stolen information)

And, of course, some disorganized frivolity!

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