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updated Tue. May 1, 2018

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In theory, the U.S. Commerce Department's move earlier this week to slap a seven-year ban on the sale of American products to ZTE Corp., China's second-largest telecommunications equipment manufacturer, was all about national security and had nothing to do with trade. In announcing the ban, ...
A deep-dive into the draft 2018 AUMF from Sens. Bob Corker (R.-Tenn.) and Tim Kaine (D.-Va.). Tune in for a very detailed review and debate. Meanwhile, Doe v. Mattis has suddenly moved into high gear. Looks like a transfer may be in the works, but we predict weeks of further litigation. The Supreme ...

Under Article 23 of the Basic Law, the city's mini-constitution, Hong Kong must enact its own national security legislation to prohibit treason and subversion. But the government's last attempt was shelved in 2003 after half a million residents took to the streets to oppose it, citing worries over civil liberties.
Severstal Export (a subsidiary of a Russian steel company) has sued the Trump administration over its steel tariffs, urging the Court of International Trade to treat Trump's stated national security justification as a pretext for protectionism. It's a lot like the Travel Ban litigation, but Severstal has lost round one ...
Welcome back to the National Security Law Podcast! This week, Professors Vladeck and Chesney review the following recent developments: A drone strike against AQIM targets in southwestern Libya: What if anything does this tell us about the Trump administration's legal and policy positions relating to the ...
State laws to that effect? Is the status quo fine? How should journalists talk about violence that causes fear in the community when it is not entirely clear why the perpetrator is carrying out such acts? John Bolton and law: A quick note on the new national security adviser's legal and policy orientation.

With apologies for short show notes, here are the headlines for this week's National Security Law Podcast: The McCabe firing. The prospect of legislation permitting judicial review of any decision to fire Mueller. An update of the declaration of Secretary Mattis explaining why he removed the GTMO military ...
“Give me a lever long enough and a fulcrum on which to place it, and I shall move the world.” Archimedes died in 212 BC. There's no way he could have predicted the Internet of Things. But he did. Three unknown twenty-somethings said give us vulnerable home routers and DVR's and we'll take down the ...
Trump's ability to block the deal stems from a decades-old law that gives the president the authority to stop foreign firms from taking over US companies if there is a national security concern. And Monday was not the first time the power has been used. In recent years, presidents have given particular ...
Out on spring break but still listening to the podcast? We love it! Actually, your hosts are out on spring break too, but before they left town they sat down to record episode 63 on March 9. If things have gone crazy over the weekend, and you are surprised they aren't discussing them here—well, that's why!
President Trump's invocation of national security to justify new tariffs on steel imports: Is it plausible from a legal perspective? The war(s) in Yemen, a proposed joint resolution to limit America's military roles there, and a statement from DOD's GC providing a snapshot of views regarding the legal issues ...
LONDON — The British government has quietly acknowledged for the first time that it lets agents break domestic law to keep the country safe. The admission was contained in a formal statement describing secret instructions issued by the Prime Minister to Britain's security agencies, which include MI5 ...
No shortage of topics this week, but then again there was no shortage last week, or before that, or … ever. So, what's on tap? Tune in to explore: A host of Supreme Court developments, including action relating to DACA, immigration detention and the due process clause, Patchak and the question whether ...
No shortage of topics this week, but then again there was no shortage last week, or before that, or…ever. So, what's on tap? Tune in to hear Professor Chesney and I explore: A host of Supreme Court developments, including action relating to DACA, immigration detention and the due process clause, ...
The National Security Law Podcast: This Is Why We Can't Have Nice Things. By Robert Chesney, Steve Vladeck. Thursday ... An overly long episode with a short title to reflect a very busy—and somewhat bizarre—eight day stretch in the wide world of national security law. This week, your hosts weigh in on:.
We don't lack for topics this week! In today's episode, Professors Vladeck and Chesney eat a number of cookies while talking about the following: Rachel Brand steps down at the Justice Department. As George III might say, what comes next? Your hosts review the order of succession. A triple update on ...
Hong Kong's leader on Tuesday said the city was still not ready for national security legislation, even though Beijing officials have recently been ramping up reminders that laws against offences such as treason and sedition are overdue to tackle independence advocacy. “It is our constitutional duty to enact ...

A deep dive on the international law framework implicated by the U.S./U.K./France airstrikes on Syrian government facilities associated with chemical weapons (with a special emphasis on the U.K.'s asserted humanitarian intervention justification). An equally deep dive into the U.S. domestic law framework ...
He made no mention of Russia as a “revisionist power,” the description used in his own National Security Strategy, or of the elaborate $1.2 million-a-month effort that the indictment indicated Russia's ... “I am not sure I can trust American law enforcement to be the most truthful source against Russians.
“Today [they] amend the Rules of Procedure, tomorrow [they'll] enact Article 23 laws,” they shouted, tying themselves to chairs in a desperate bid to halt the ... Mainland constitutional law professor Fu Hualing told attendees that in pushing for a national security law, Beijing's aim is now to suppress Hong ...
Ford shared the livestreams of and prepared testimonies from Wednesday's House and Senate hearings on foreign policy and national security. Robert Chesney and Steve Vladeck shared this week's National Security Law Podcast, in which the two discuss, among other things, Rachel Brand's departure ...
Presenting guns as a law enforcement issue has not catalyzed an effective response; describing gun violence in public health terms has illustrated the scope of carnage, but also not generated a sufficient societal response. Perhaps presenting gun violence as a national security threat will finally galvanize ...
Canada is undertaking the most substantial reforms to its national security law since 1984, when its first civilian intelligence agency, the Canadian .... But permitted abrogations are typically overt, articulated by Parliament in laws with intelligible standards and adjudicated according to a demanding test in ...
We don't lack for topics this week! In today's episode, Professors Vladeck and Chesney eat a number of cookies while talking about the following: Rachel Brand steps down at the Justice Department. As George III might say, what comes next? Your hosts review the order of succession. A triple update on ...
What precisely must happen under the House rules in order for the Schiff Memo to see the light of day, and what rules and laws might come into play if the White House opposes release? Will the FISC be persuaded to publish a redacted version of the original (and successive) FISA order applications ...
President Trump has declassified the Nunes Memo and it now is available to the public. Your hosts–Professors Bobby Chesney and Steve Vladeck–give it a deep-dive review here in a special-edition podcast episode. Tune in to hear them discuss: whether there are any factual claims in the memo which (if ...
Would such a law be constitutional? Asking for a friend… About that GTMO closure executive order: Several times over the past year, reports circulated that the White House was prepared to issue a GTMO executive order repealing the 2009 Obama order directing GTMO's closure. It may finally happen this ...
Our lax chemical safety rules are a public health and national security crisis. American families and first responders need action. They need the ... Yet, it's our failing chemical safety laws that are a disaster waiting to happen. Christine Todd Whitman, president of the Whitman Strategy Group, was the ...
Today is a day to understand that apolitical law enforcement is stronger with him than without him, and that it would suffer a genuine blow if the president and .... It was he who asked Comey to drop the case against former national security adviser Michael Flynn and who has publicly expressed his anger at ...
Rather than enacting a law that will perpetuate the wrongs committed for decades under the PTA, the government should consult with Sri Lankan victim groups, human rights organizations, and international experts to draft a law that protects both national security and human rights. This should be ...
As the State Department legal adviser — a Senate-confirmed position and the most senior international lawyer in the U.S. government — Bellinger directed more than 170 lawyers on domestic and international law matters affecting U.S. foreign relations. As legal adviser to the National Security Council, ...
Happy anniversary, y'all! It's been one full year since we launched this podcast, and we are very grateful for all our listeners. Here's hoping there is less to discuss in our second year! This week, we've got: The FISA Amendments Reauthorization Act: How exactly does the new warrant requirement work, ...
WASHINGTON — The House of Representatives voted on Thursday to extend the National Security Agency's warrantless surveillance program for six years with minimal changes, ... But fewer senators appear to favor major change to spying laws, so the vote on Thursday in the House was the pivotal test.
The National Security Strategy is not wholly silent on issues like freedom and democracy. Indeed, a small portion of the document commits the administration to support individual dignity, freedom, and the rule of law. Such good things, however, are cast as “American values,” rather than rights to which all ...
While the legislation still requires Senate approval, the House was the likelier forum for limits to be imposed on the surveillance program because fewer lawmakers in the Senate approve of changes to the spying laws. Earlier Thursday, Trump contradicted the White House's official stance in favor of the surveillance law, ...
Donohue is the director of Georgetown's Center on National Security and the Law and director of the school's Center on Privacy and Technology. She is an expert in national security law and created a national security crisis simulation that each year brings law students from different campuses to ...
ACLU v. Mattis (the U.S. citizen enemy combatant case): Since the last episode, the government has permitted the ACLU to communicate with John Doe, who does indeed want the ACLU to pursue habeas relief on his behalf. This quickly led to an exchange of filings disputing whether the currently-pending ...
The Military Commander in the West Bank, an Israeli Supreme Court case ruling that the Israeli government lacks the authority to use the bodies of terrorists to secure the return of Israeli casualties. Amichai Cohen considered whether an amendment to Israel's national security law would change the rules ...
The constitutional authority over the use of force by the United States has been a subject of ongoing legal and political debates, including on Lawfare. There are disagreements about the proper scope of the powers of the president vis-a-vis Congress and regarding the proper scope of the congressional ...
2018 is underway, but in today's episode we are looking back at 2017. More specifically, we are looking back to predictions made in early 2017 regarding the changes President Donald Trump surely would be making to certain executive orders and presidential directives relating to national security.
On behalf of the University of Texas-Austin's Strauss Center for International Security and Law, the AALS Section on National Security Law, and Ohio Northern University's Pettit College of Law, I am pleased to announce that Rebecca Ingber of BU and Shirin Sinnar of Stanford are co-winners of the new ...
Well, 2017 is almost done. No doubt there are a few more kicks-in-the-pants on the way before it's all said and done, but hey, we can at least offer you one final episode of this podcast! So, you've got that going for you, which is nice… Four topics today: ACLU v. Mattis: Judge Chutkan has ruled. It's brief, it's ...
Pressure increases on Hong Kong leader to enact controversial national security law ... The article states that Hong Kong “shall enact laws on its own to prohibit any act of treason, secession, sedition, subversion” against the central ... But critics have said that the law would be a threat to civil liberties.
Are your other podcasts letting you down by taking a holiday break? Never fear, the National Security Law Podcast is here! With two hosts who would much rather be podcasting than grading exams, you are assured of an uninterrupted holiday stream of national security legal analysis, not to mention ...
In the past few months, mainland honchos have been expressing impatience at the lack of progress on the national security law in Hong Kong. Now, Beijing seems to have instructed Lam in no uncertain terms to get it done. While Lam might have hoped for more time before jumping back into the trenches, ...
It is time to cut the Gordian knot and work out a way forward on Hong Kong's national security legislation. I have in mind a group of people unusually qualified for the job. Hong Kong has a clear constitutional duty as set out in its Basic Law. Article 23 says that the city “shall enact laws on its own” to prohibit ...
Speaking to reporters after her maiden three-day duty visit to Beijing, Lam was asked if she had discussed enacting Article 23 of the city's mini-constitution, the Basic Law, with President Xi Jinping, whom she met on Friday afternoon. The article states that Hong Kong “shall enact laws on its own to prohibit ...
Ullah was taken into law enforcement custody, but soon some quarters were calling for him to be placed in military custody for interrogation purposes. Your hosts will revisit the tangle of issues involving Miranda, presentment, habeas, and more that such arguments raise. Habeas and military detention: Next ...
A planned overhaul of Australia's national security laws has prompted civil society and the nation's largest media organizations to warn that the draft laws ... which checks ASIO is behaving appropriately, says the Government's foreign interference laws would put their investigators at risk of breaking the law.
Happy anniversary, y'all! It's been one full year since we launched this podcast, and we are very grateful for all our listeners. Here's hoping there is *less* to discuss in our second year! This week, we've got: The FISA Amendments Reform Act: How exactly does the new warrant requirement work, what it do ...


 

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