Episode 137: Steve Vladeck Pincer Move

Where federal courts, national security, and subtle but important problems lurk, you’ll find Steve Vladeck explaining things. Steve joins us to talk about a seemingly narrow question of the proper application a statute prohibiting civil-office holding by military officers. The issue, though, could hardly be more far-reaching, asking us to consider the principles of civilian control of the military and military non-control of civil life. Also, a little on the use of “treason” to describe the allegations of the Trump campaign’s collusion with Russian operatives and Flynn’s work for Turkey.

This show’s links:

Steve Vladeck’s faculty profile, academic writing, and blogging on Lawfare

The National Security Law Podcast and in particular episode 21: A Military Commissions Deep Dive

Steve Vladeck, An Unconventional Test Case for Civilian Control of the Military

SCOTUSblog page for Dalmazzi v. United States (containing links to the opinion below and all briefing)

Edmond v. United States

In re Al-Nashiri

Steve Vladeck, The Misbegotten Court of Military Commission Review

Christian Turner, Submarine Statutes

William Eskridge and John Ferejohn, Super-Statutes

Kathleen McInnis, Statutory Restrictions on the Position of Secretary of Defense: Issues for Congress (an excellent and highly readable Congressional Research Service report on civilian control of the military and civil-military relations)

Steve Vladeck, [Calling it] Treason Doth Never Prosper…

Diane Mazur, A More Perfect Military

Special Guest: Steve Vladeck.