The National Security Law Podcast: Portland Trailblazing

Robert Chesney, Steve Vladeck
Tuesday, July 21, 2020, 3:47 PM

Published by The Lawfare Institute
in Cooperation With

This week we don’t lack for topics, to say the least. Tune in for in-the-weeds discussion of:

  1. Trumplandia meets Portlandia 1: What’s the legal basis for DHS components engaging in law enforcement activity there?
  2. Trumplandia meets Portlandia 2: Since when can you just shoot a non-violent person in the head with a “less-than-lethal” round?
  3. Trumplandia meets Portlandia 3: What’s the legal framework for DHS collection and analysis of intelligence relating to property-protective missions?
  4. Meanwhile, Michael Cohen litigates Bureau of Prisons’s ability to send him back to jail for publishing a book
  5. Meanwhile, in regular law enforcement: terrorism charges for an MS-13 leader
  6. Meanwhile, at GTMO: A remarkable sanction against the government issued by the trial judge in the Majid Khan military commission case
  7. Meanwhile in Europe: The Court of Justice of the European Union blows up Privacy Shield based on concerns involving Section 702 and also 12,333 collection
  8. Meanwhile in the 9th Circuit: A sharp dispute over the interaction of FISA and the state-secrets privilege just might set the stage for SCOTUS to weigh in

And then, after all, we have what we must admit was a desultory frivolity segment. Though maybe that is purposeful performance art, projecting how the MLB “regular season” is going to feel…

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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