March 06, 2019

Episode 113 – 702 : Madison :: 215 : Hamilton

1 hour 13 minutes

So much to debate, so little time! Tune in as Steve Vladeck and Bobby Chesney plow through a host of recent (and not-so-recent) events in the world of national security law:

Fazaga v. FBI – an important 9th Circuit decision on the interaction between the State Secrets Privilege and FISA, not to mention the question of how the reasonable expectation of privacy test might imply in the context of conversations in a mosque.

The demise of the USA Freedom Act phone records program? News that the program may have been dormant for the past six months has raised some hard questions at a time when a sunset is looming for it.

Chelsea Manning and possible charges against Julian Assange or Wikimedia: does this portend Computer Fraud & Abuse Act charges that might enable prosecution of Assange/Wikimedia in a manner that is less relevant for traditional journalists?

President Trump’s determination to override the IC’s recommendations on security clearances

The Senate is poised to join the House in voting to overturn the border emergency declaration, but a veto override is unlikely.

The 200th anniversary of McCulloch v. Maryland

Today’s Executive Order in which President Trump revokes President Obama’s EO 13732 Section 3 requirement of annual disclosure of airstrike numbers and civilian and combatant casualties outside of areas of active hostilities (i.e., areas other than Afghanistan, Syria/Iraq, and Somalia).

As for frivolity, let’s just say that Winter Is Coming on April 14, and we have a season 8 trailer to parse!

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By Bobby Chesney and Steve Vladeck

4.8

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