Unpacking the Legal Issues Behind the Headlines
Episode 244: Not Our 30th Episode of 2023
1:11:56Barring an unlikely spate of more than a dozen episodes happening over the next week, it sure looks like Steve has won his bet with Bobby, for this marks the 16th episode of 2023. Ouch, that's not even *close* to the 30-show target! But tune in anyway if you are interested in a thorough overview of what is and is not clear about the Colorado Supreme Court's decision disqualifying Donald Trump from the ballot under color of Section 3 of the 14th Amendment (that is, on grounds that Trump had engaged in insurrection).
Episode 243: Boiled Froggy Water Under the Bridge
1:19:00Two months between episodes? Looks like someone will be buying Steve a dinner at the conclusion of 2023 (barring a pivot to posting new episodes every day). As for what is on tap in episode 243: Israel and Gaza: a review of key international law issues The United States and Iran: a review of key domestic law issues Trumplandia: checking in on, like, 17 separate cases currently underway As for frivolity: there are some (inevitable) ramblings about football, but much more frivolous than that is the ad hoc holiday favorites playlist...
Episode 242: A Rule of Law (and Punctuation) Free Episode!
29.09.2023Sorry about accidentally taking the whole month off, but we're back with a classic: tune in for the 9/11 case warm-up, and stick around for 45 minutes of wrangling over the PCLOB Report on Section 702! And, yes, frivolity, always frivolity (wherein we discuss the musical Six, football, and gargantuan mismatches).
Episode 240: Something Got Released
1:04:20If you are interested in a detailed and careful explanation of the charges at issue in United States v. Trump (the recent indictment of the former president in relation to his effort to overturn the results of the election), the way that the alleged facts related to those offenses, and the relatives strengths and weaknesses of the most likely defenses...well, this is the show for you. Though co-hosts Steve Vladeck and Bobby Chesney originally planned to discuss an array of topics in addition to reviewing the latest indictment of the former president, they ended up spending the entire hour on this one.
Episode 239: We Have Many Tapestries!
1:22:18Well, it's been about a month, so it's good we are finally back with a fresh episode! Tune in as hosts Steve Vladeck and Bobby Chesney kick the tires on: The New York Times story (per Charlie Savage) on the Biden Administration's October '22 revised policy guidance on kill/capture operations outside areas of active hostilities Touching base with the will-it-ever-end (no) Nashiri litigation The National Guard, federal court-martial jurisdiction for members not in federal service, and the Fifth Circuit Missouri v. Biden: a stunning injunction (and 155-page underlying memo) limiting the ability of a slew of federal government leaders to work with social media platforms on content moderation And, of course, no shortage of frivolity! If you are not down with the frivolity, you definitely want to skip the first six minutes. Well, maybe a lot more than that... :)
Episode 238: The World Wonders
58:56Today's episode focuses on the indictment in United States v. Donald Trump and Waltine Nauta, S.D. Fla. (23-80101-CR). Co-hosts Steve Vladeck and Bobby Chesney walk you through the factual allegations, the crimes charged, the areas where tricky evidence questions might arise, the process for selecting the presiding judge, and the prospects for an array of things including: recusal; a Presidential Records Act defense; a I-declassified-this-stuff defense; a pre-verdict Rule 29 motion for judgment of acquittal; and a trial occurring around the time of the election. Buckle up and tune in!
Episode 237: Are You Not Detained???
1:19:09And we're back, with co-hosts Steve Vladeck and Bobby Chesney breaking down the latest national security law news along with much else. This week the spotlight is on the D.C. Circuit's en banc decision in al Hela, which grapples with the applicability of the Fifth Amendment Due Process Clause (in both its procedural and substantive aspects) to GTMO detainees. We've also got an update on the Badilla contractor immunity case (in which Steve plays a role as counsel to the plaintiffs), some Shadow Docket developments, and notes on the prosecutorial aspects of Cold War II.
Episode 235: A Drone Struck
1:09:11We're back with a Spring Break edition, featuring: ICC cases emerging against Russian defendants for (1) removing children from Ukraine to Russia and (2) attacking civilian infrastructure A UK drone strike in Syria, a US drone strike in Yemen, and a US drone struck (by the Russians) Renewal of Section 702 and the Rep. LaHood story TikTok, CFIUS, and the RESTRICT Act Another GTMO transfer Possible repeal of the 2002 and 1991 Iraq AUMFs And an early start to the annual Mets demoralization process.