January 22, 2021

Episode 192: So…What Do We Do Now?

1 hour 11 minutes

And then it was over. Wow. Here’s hoping we can focus on traditional national security law topics from now on! Today is a pretty good start. We’ve got:

A new administration needs a welcoming gift…so, here’s a delightful basket of…military commission charges involving the Bali/Jakarta bombings???

A parting gift from Army Secretary McCarthy: AR 190-8 no longer applicable at GTMO

The DC Circuit weighs in on Hoda Muthana’s citizenship status–ruling against her and thus also against her father’s attempt to compel the government to support her return to the US from Syria (where she had been married, twice, to Islamic State fighters)

The DC Circuit also weighs in on the Zaidan case, finding no standing to the sue the U.S. government for alleged targeting for drone strikes in Syria where the allegations of such targeting were deemed too speculative

Larabee: apparently Steve is going to have do so more briefing soon regarding court martial jurisdiction over former servicemembers

The WeChat suit in the 9th Circuit: Bobby review’s last week’s oral argument concerning the government’s appeal of a preliminary injunction that suspended the Trump administration’s IEEPA action against WeChat, citing First Amendment grounds. The First Amendment argument here is quite weak; time to send this one back for consideration instead of the IEEPA issue.

Confirmation of Avril Haines as DNI, and passage of a statutory override that will allow the Senate to proceed to confirm General (ret.) Lloyd Austin as SecDef.

Biden immediately rescinded the “national emergency proclamation” as to the Southern Border, ending the redirection of defense dollars towards “wall” projects.

That, plus loads of sportsball frivolity (yielding precious little insight!).

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By Bobby Chesney and Steve Vladeck

4.8

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