November 30, 2020

Episode 185: The Blah-to-Coup Ratio is Increasing

1 hour 1 minute

And…we’re back! Tune in as Professors Steve Vladeck and Bobby Chesney discuss the latest in national security legal developments, including:

Prospects for the Biden Administration to chart a new course with respect to (a) the use of military detention at GTMO, (b) the transfer of GTMO detainees approved for such transfer already, or (c) the use of military commissions as the vehicle for criminal prosecutions

Prospects for the nomination to be Secretary of Defense, and the role of the federal statute requiring servicemembers to be out for at least seven years before becoming eligible for that (civilian) position

Comments on the other national security nominees to this point

More on the plethora of election-related lawsuits and the larger problem of bogus claims about massive fraud

Steve’s win in the Larrabee lawsuit, in which Judge Leon has now held that it is unconstitutional to subject separated servicemembers to face recall for court-martial prosecution for post-separation crimes

The killing in Iran of a senior al Qaeda figure, and the related question of how the passage of time impacts (or does not impact) an individual’s connection to the AUMF and the U.S. government’s position on the existence of an armed conflict with al Qaeda

And, at long last, frivolity focused on The Mandalorian Season 2! (Plus, the improbable playoff prospects of the New York Giants, for whom anything is possible with Colt McCoy at the helm!)

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By Bobby Chesney and Steve Vladeck

4.8

634634 ratings