The National Security Law Podcast: Everyone Knows It Is Saudi Arabia!

Robert Chesney, Steve Vladeck
Tuesday, April 24, 2018, 7:47 PM

We have much to discuss in the world of national security and law this week, including but not limited to the worst-kept secret in the world. To wit:

Published by The Lawfare Institute
in Cooperation With

We have much to discuss in the world of national security and law this week, including but not limited to the worst-kept secret in the world. To wit:

  1. Doe v. Mattis and the district court ruling enjoining the government from transferring Doe to Saudi Arabia. Wait, what’s that? The identity of the receiving state is a secret? Except that Doe is a Saudi citizen and there are multiple points where the briefing reveals that the plan in question is to send Doe back to Saudi Arabia. Ah, well. We’ve got an extensive discussion of the good and the bad about Judge Chutkan’s ruling on the injunction, functioning also as a preview of the oral argument that will occur this Friday morning.
  2. The capture of 9/11-related suspect Mohamed Haydar Zammar: another high-profile captive with European citizenship in SDF custody in Syria, adding to the importance of determining what will become of those detainees for the long term.
  3. News of two former Guantanamo detainees who had been transferred to Senegal, but whom Senegal then sent to Libya—at which point they disappeared.
  4. Meanwhile, another 9/11-linked individual (Mohammed al-Qahtani) is seeking to use habeas jurisdiction to press for an external medical review of his circumstances.
  5. In Trumplandia, we’ve got heavily-hyped allegations of classified information in memos James Comey wrote; a sprawling lawsuit filed by the Democratic National Committee against an array of defendants including Russia, the GRU, Guccifer 2.0, Julian Assange, Roger Stone, WikiLeaks, Donald Trump, Jr., Jared Kushner, the Trump Campaign itself, and then some. It raises some interesting Foreign Sovereign Immunities Act questions.
  6. An update on the gradual progress of the special counsel protection legislation, and the prospect of an interesting amendment from Sen. Chuck Grassley.
  7. We also draw attention to this very handy resource mapping the reactions of various states to the U.S.-U.K.-France missile strikes against Syria.

Best (or worst) of all, however, is our finale, as we have an uber-geeky breakdown of a critical doctrinal dispute, a question of categorical definition put in issue by Billboard announcing its list of 100 greatest “boy band” songs of all time. What are the necessary and sufficient conditions to qualify as that kind of band? That’s all for now; bye bye bye!

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