December 12, 2017

Episode 49: Around the Horn With Interrogation, Detention, Prosecution, and Targeting

1 hour 6 minutes

In this week’s episode, Professors Steve Vladeck and Bobby Chesney pick up the thread on a handful of familiar issues, and introduce a few new ones as well.

Interrogation: Their first topic is a blend, actually: the case of Akayed Ullah, who attempted to set off a pipe bomb in New York City yesterday. Ullah was taken into law enforcement custody, but soon some quarters were calling for him to be placed in military custody for interrogation purposes. Your hosts will revisit the tangle of issues involving Miranda, presentment, habeas, and more that such arguments raise.

Habeas and military detention: Next up is a recap of Monday’s hearing in ACLU v. Mattis, in which the government continues to resist efforts to determine whether a US citizen held as an enemy combatant in Iraq wishes to pursue habeas review, and whether that review can begin now or must await some further development.

The 2001 and 2002 AUMFs: DOD’s acting General Counsel recently gave a speech outlining the administration’s views on the 2001 and 2002 AUMFs, and the possibility of repeal-and-replace. Your hosts will flag the highlights.

Somalia: Staying with the AUMF theme, the next topic will explore the legal implications of a New York Times story on plans for expanded operations in Somalia.

Military Commissions: Last but not least, there are some new charges pending in the military commission system, raising some interesting scope-of-conflict questions.

Of course, that’s not really the last topic of the day. The real last topic? As always on this show, your hosts close with frivolity. This week it is: terrible movies that we nonetheless love. Be sure to hit us up on @nslpodcast to share your own favorites!

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By Bobby Chesney and Steve Vladeck

4.8