February 06, 2019

Episode 109: The State of the Podcast Is Strong!

55 minutes

This week on the National Security Law Podcast, we’ve got:

A heavy pace of airstrikes against al Shabaab targets in Somalia

Ruminations on declining media attention (and the prospect of a sharper dropoff soon) to things relating to GTMO

A 15-year sentence in an Islamic State material support case

A magistrate recommends vacating the conviction of Hamid Hayat for ineffective assistance of counsel, some thirteen years after his original conviction under the 1994 material support statute (28 USC 2339A) (in a remarkable example of that statute’s potential scope, about which Bobby wrote here more than a decade ago).

SCOTUS preview: The Court soon will consider the cert. petitions in Larabee (where Steve is counsel, and which raises questions about the ability of the military to recall former servicemembers to active duty in order to court martial them) and Hamidulin (where the Fourth Circuit rejected a Taliban fighter’s claim of combatant immunity from prosecution).

The D.C. Circuit’s opinion in Klayman v. Obama, affirming dismissal of an attempt to litigate Section 215 bulk metadata collection (now superseded by the USA Freedom Act) on mootness grounds, and likewise affirming dismissal of a challenge to 702 collection on standing grounds.

And then there’s the Super Bowl. You’ll hear more offense in our breakdown of the game, the halftime show, and the commercials than you saw in the game itself!

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By Bobby Chesney and Steve Vladeck

4.8

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