The National Security Law Podcast: This Podcast Has Temporary Absolute Immunity

Robert Chesney, Steve Vladeck
Thursday, May 14, 2020, 4:41 PM

Published by The Lawfare Institute
in Cooperation With

Welcome back to the National Security Law Podcast, after a one-week hiatus! (You can actually watch the recording here, if you need more Zoom in your life). In this episode, Steve Vladeck and Bobby Chesney discuss and debate:

  1. This week’s SCOTUS oral arguments in the Trump business subpoena cases. Is a pragmatic compromise in the works? Will the DA and HPSCI emerge winners?
  2. DOJ called, and they want to abandon their successful prosecution of Mike Flynn because…well, res ipsa loquitor.
  3. Speaking of Mike Flynn, the “unmasking” pseudo-controversy is back.
  4. FISA amendment mayhem! A bid to prevent use of Section 215 for browser records just fails to make it into the Senate bill, and then a boost to the amicus system–and the rules on disclosure of exculpatory evidence and on Woods procedures compliance–makes it over the goal line easily. But will the House follow suit?
  5. Something about war powers something something veto or something…is anyone watching???

And then there was the season finale of Westworld. It’s like they just ran out of good ideas…

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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