The National Security Law Podcast

Episode 131: El Paso and Domestic Terrorism


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This week's episode features an extended discussion of domestic terrorism as a legal category and as a policy category, in light of the attack in El Paso.  Among other aspects, we discuss:
Substantive criminal charging options at the state and federal levels
Arguments for an against federal expansion into this area
Federal terrorism crimes that can be applied in domestic terrorism cases
The pros and cons of expanding the "designated terrorist organization" concept to domestic groups
Preventive charging in the domestic terrorism context
What it would mean to (try to) import foreign terrorism intelligence-collection authorities into the domestic terror setting
We also discuss an important cert. petition pending before SCOTUS, raising the question whether noncitizens in the expedited removal context can invoke the Suspension Clause (DHS v. Thuraissigiam)
After an otherwise somber discussion, stay tuned at the end for some light-hearted frivolity celebrating the improbable recent surge of the New York Mets and the fully-probable and ongoing surge of the Houston Astros.
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The National Security Law PodcastBy Bobby Chesney and Steve Vladeck

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