Podcasts

The National Security Law Podcast: An Inter-Jurisdictional Cluster-You-Know-What?

By Robert Chesney, Steve Vladeck
Tuesday, November 7, 2017, 2:27 PM

Has it only been a week? Yeesh. Well, we are back! In this episode, Professors Vladeck and Chesney focus on three topics:

  1. The Mueller investigation and the prospect that Mike Flynn may be charged under the Foreign Agents Registration Act.
  2. The increasingly-complex saga of the withdrawn defense lawyers in the al-Nashiri military commission case at GTMO. Habeas petitions are sprouting all over the place, and the procedural complexity of the situation is growing by the day.
  3. An interesting legal and policy question is lurking out there: The use of the “hybrid model” (that is, military capture and initial interrogation, followed by long-term disposition via the civilian criminal justice system) in the Mustafa al-Imam case generated no complaints from the right, whereas the decision to use the civilian criminal justice system for Saipov certainly did. This highlights the fact that we have a comparatively stable system blending military and criminal law enforcement tools for overseas captures, but no analogue domestically. Yet there is a statute, from the USA Patriot Act in 2001 no less, that arguably could function as the domestic equivalent to the “slow boat” that undergirds the overseas-capture hybrid-model scenario. Will it ever be used, and if so what might a constitutional challenge look like?

With that out of the way, your intrepid hosts wrap up with a debate over the greatest comedy films of all time. What’s your top three? Let us know on Twitter: @nslpodcast

And, hey, while you are online, go ahead and give us a review!