The National Security Law Podcast: Day of Infamy

Robert Chesney, Steve Vladeck
Thursday, January 7, 2021, 8:15 AM

Published by The Lawfare Institute
in Cooperation With

Today was a national tragedy of the first order. Tonight we discuss:

  • the many crimes that definitely were committed, and certain other crimes—particularly seditious conspiracy—that may have been committed (and how that relates to the First Amendment Brandenburg test)
  • the bizarre and indefensible lack of a strong police presence and a proper National Guard response (including an unpacking of the legal authorities governing control over DC’s guard)
  • some familiar—and some not-so-familiar—interpretive questions associated with the 25th Amendment (including not just the role of “Acting” secretaries, but also the question of what happens if the president’s “rebuttal” letter is followed instantly by the firing of all the secretaries who signed the original letter)
  • impeachment issue, including the prospect of proceedings lasting beyond January 20th … and the possibility of an outcome permanently barring Donald J. Trump from office

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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