The National Security Law Podcast: The Biggest Fiasco of Them All

Robert Chesney, Steve Vladeck
Wednesday, January 13, 2021, 8:16 AM

Published by The Lawfare Institute
in Cooperation With

We’re back with further discussion of the insurrection:

  • Is it constitutional for the Senate to carry on with trial of an Article of Impeachment if the impeached official is no longer in office? Yes, yes it is. Disqualification from future office is a separate and independent purpose of the trial phase, independent of removal from office; where it otherwise, any half-wit could avoid such punishment simply by resigning once it became clear they were likely to lose in the Senate.
  • We review the strong statement of FBI and DOJ engagement in pursuing the ringleaders and others culpable for the Jan. 6 attack.
  • What really happened to the Would-Be-Acting-Twice-Nominated DHS Secretary Chad Wolf? It’s a tale of statutory inevitability. At any rate, welcome to the front office Pete Gaynor!
  • Does the disqualification-from-office provision of Section 3 of the 14th Amendment apply to Trump’s outrageous conduct? Well, that 6:01pm tweet of his wants to make a case for providing aid-and-comfort to armed enemies of the Constitution and government of the United States…
  • Mike Pompeo announces an Iran-al Qaeda team-up … what legal implications?
  • Nightmare scenarios for the endgame period: watch out for domestic terrorism at iconic government-related locations away from the Inauguration.
  • How great is it that the Mets picked up Francisco Lindor?

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