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The National Security Law Podcast: The Enemy of my Friend is my Enemy

Robert Chesney, Steve Vladeck
Friday, October 12, 2018, 12:27 PM

It’s a late-night, mid-week episode of the National Security Law Podcast! We’ve got:

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It’s a late-night, mid-week episode of the National Security Law Podcast! We’ve got:

  • Senator Kaine’s letter to the Pentagon raising questions about the theory of collective self-defense as applied in the domestic law context, in relation to the AUMF and Article II.
  • Speaking of the AUMF, it’s the 17th anniversary of the opening of overt U.S. military engagement in Afghanistan.
  • Doe v. Mattis is over at last! Just kidding, it’s totally not over. Instead, today was the 7th consecutive extension of time as the parties continue to try to work out whatever it is they are trying to work out. The beat goes on….
  • The possible murder of Jamal Khashoggi inside a Saudi consulate in Turkey continues to spark outrage, and so we explore some of the legal questions including the potential application of the Magnitsky Act and also the odd question of how to think about a lethal use of force inside of a consulate from an United Nations Charter Article 2(4) perspective.
  • The remarkable extradition of a Chinese Ministry for State Security case officer, from Belgium to the United States, to face charges involving theft of IP from American aviation companies.
  • The fascinating question of whether 5 USC 3110 (the Anti-Nepotism Act) would apply were President Trump to attempt to make his daughter the new UN Ambassador, and whether application of the statute in that context would raise constitutional problems.
  • The ECHR decision in Big Brother Watch and Others v. United Kingdom, finding that certain aspects of U.K. surveillance law violate Article 8 (privacy) of the European Convention on Human Rights.

As for the requisite frivolity: we’ve got concert reviews, with Steve weighing in on the Indigo Girls and Bobby reporting back from ACL Fest Weekend One, with both Paul McCartney and Greta Van Fleet on tap.

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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