The National Security Law Podcast

<p>Hello friends, and welcome back to the NSL Podcast with Professor Vladeck and Dean Chesney.  Tune in for a detailed discussion of the bizarre plea-deal-wait-nevermind-no-plea-deal situation that unfolded last week in relation to three of the four remaining military commission defendants in the 9/11 prosecution, as well as a breakdown of the Supreme Court&#8217;s presidential immunity (from prosecution) case.</p> <p>Do these guys spend too much time talking about the Mets, and Star Wars, and House of the Dragon/Game of Thrones? Well, yes, sure, but it beats having the show interrupted by advertisements, no?</p>

<p>Betcha thought we were done&#8230;but we&#8217;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:</p> <ul> <li>The renewal of Section 702 (aka our first contribution to the rapidly-upcoming debate over the next renewal)</li> <li>The conviction of the former president in New York Court (and the prospects for SCOTUS to get involved)</li> <li>Speaking of SCOTUS: we&#8217;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</li> <li>We&#8217;ve also got an upcoming oral argument in the Florida federal court trial of the former president in relation to classified documents</li> <li>TikTok &#38; 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</li> </ul> <p>Of course there&#8217;s frivolity too.  Lots of it.  Watching the Acolyte? The Mets?  House of the Dragon?  Hitman?  Mr. Bates vs the Post Office?</p>

<p>Hello, is this thing on?  Check one, check two&#8230;testing, testing.  We&#8217;re good?  Alright alright alright&#8230;</p> <p>It&#8217;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:</p> <ul> <li>Israel &#38; Hamas</li> <li>Ukraine &#38; Russia</li> <li>America &#38; the Houthis</li> <li>702 renewal</li> <li>TikTok &#38; prospects for the divestment bill prevailing vs a First Amendment challenge</li> <li>All sorts of Trump litigation</li> <li>All sorts of Texas border stuff (invasion as a constitutional concept, state-level war powers, preemption, the limits of preemption, etc.)</li> <li>Plus, why do the Mets already suck? It&#8217;s only been four games.  Yeesh.</li> </ul>

<p>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&#8217;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&#8217;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).</p>

<p>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).</p> <p>As for what is on tap in episode 243:</p> <ol> <li>Israel and Gaza: a review of key international law issues</li> <li>The United States and Iran: a review of key domestic law issues</li> <li>Trumplandia: checking in on, like, 17 separate cases currently underway</li> </ol> <p>As for frivolity: there are some (inevitable) ramblings about football, but much more frivolous than that is the ad hoc holiday favorites playlist&#8230;</p>