Episode 244: Not Our 30th Episode of 2023

Betcha thought we were done...but we're back!  Tune in as Steve Vladeck and Bobby Chesney discuss and debate the latest (ok, some of this stuff is months old) national security law and related developments, including: The renewal of Section 702 (aka our first contribution to the rapidly-upcoming debate over the next renewal) The conviction of the former president in New York Court (and the prospects for SCOTUS to get involved) Speaking of SCOTUS: we're waiting on a *LOT* of big decisions over the next two weeks, including the presidential immunity claim, social media content moderation jawboning, and more We've also got an upcoming oral argument in the Florida federal court trial of the former president in relation to classified documents TikTok & Bytedance v. Garland: we discuss the prospects for the First Amendment claim, as well as the prospects for a Takings argument and, perhaps the sleeper topic among these, the Bill of Attainder argument Of course there's frivolity too.  Lots of it.  Watching the Acolyte? The Mets?  House of the Dragon?  Hitman?  Mr. Bates vs the Post Office?

Hello, is this thing on?  Check one, check two...testing, testing.  We're good?  Alright alright alright... It's been 100 days between shows.  Thought maybe the world might be calmer if we waited a bit, but no such luck!  We are, however, very glad to be back on the air with a fresh (and rather long!) episode. Tune in for topics including: Israel & Hamas Ukraine & Russia America & the Houthis 702 renewal TikTok & prospects for the divestment bill prevailing vs a First Amendment challenge All sorts of Trump litigation All sorts of Texas border stuff (invasion as a constitutional concept, state-level war powers, preemption, the limits of preemption, etc.) Plus, why do the Mets already suck? It's only been four games.  Yeesh.

Barring 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).

Two 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...

Sorry 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).

Tune in for the latest, in which we discuss life as a fall 1L, RICO, removal, Nashiri, Bahlul, Shimari, Barbie, and Silo. And if all those names mean something to you...well, you are among the select few, and this pod is for you!

If 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.

Well, 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... :)

Today'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!

And 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.