The National Security Law Podcast Bobby Chesney and Steve Vladeck

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.