The National Security Law Podcast: So … What Do We Do Now?

Robert Chesney, Steve Vladeck
Friday, January 22, 2021, 8:47 AM

Published by The Lawfare Institute
in Cooperation With

And then it was over. Wow. Here’s hoping we can focus on traditional national security law topics from now on! Today is a pretty good start. We’ve got:

  1. A new administration needs a welcoming gift…so, here’s a delightful basket of…military commission charges involving the Bali/Jakarta bombings???
  2. A parting gift from Army Secretary McCarthy: AR 190-8 no longer applicable at GTMO
  3. The DC Circuit weighs in on Hoda Muthana’s citizenship status–ruling against her and thus also against her father’s attempt to compel the government to support her return to the US from Syria (where she had been married, twice, to Islamic State fighters)
  4. The DC Circuit also weighs in on the Zaidan case, finding no standing to the sue the U.S. government for alleged targeting for drone strikes in Syria where the allegations of such targeting were deemed too speculative
  5. Larabee: apparently Steve is going to have do so more briefing soon regarding court martial jurisdiction over former servicemembers
  6. The WeChat suit in the 9th Circuit: Bobby review’s last week’s oral argument concerning the government’s appeal of a preliminary injunction that suspended the Trump administration’s IEEPA action against WeChat, citing First Amendment grounds. The First Amendment argument here is quite weak; time to send this one back for consideration instead of the IEEPA issue.
  7. Confirmation of Avril Haines as DNI, and passage of a statutory override that will allow the Senate to proceed to confirm General (ret.) Lloyd Austin as SecDef.
  8. Biden immediately rescinded the “national emergency proclamation” as to the Southern Border, ending the redirection of defense dollars towards “wall” projects.

That, plus loads of sportsball frivolity (yielding precious little insight!).

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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