The National Security Law Podcast

Episode 100! Trumplandia: If I Did It…

11.14.2018 - By Bobby Chesney and Steve VladeckPlay

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It finally happened: a live episode, on the occasion of our 100th episode! Today we recorded at American University Washington College of Law thanks to the good offices of our friend--and co-host this week--Prof. Jen Daskal. It was a great crowd, and full of entirely-typical frivolity in all respects. You know, like Bobby showing up at the wrong American University campus, notwithstanding Steve's very clear directions.  But, hey, the pizza we ordered for all the attendees also showed up at that other campus, initially, so what can you do...

Well, what was on tap for the centennial? It was a busy slate:

* Apparently there was an election the other night?  Wow. Well, according to the live studio audience, the D's took the House.  And so we discussed what this might mean in terms of the inevitable wave of document and witness requests--and, especially, what should we expect when the White House invokes executive privilege or otherwise we see refusals to cooperate.  What leverage does the House really have, in the shadow of declinations and pardons?

* We check in with sustaining member Nashiri and the military commissions.  Be sure to listen to the latest twists and turns with the ten-layer dip, and enjoy the awkwardness when Bobby criticizes the CMCR before a live audience that might or might not include some interested parties!

* The DNC has sued the Russians for the 2016 hack, but the Russians are now pointing out that pesky Foreign Sovereign Immunities Act.  The doctrinal questions here are quite interesting, tovarisch!

* War Powers: We now have access to the DOJ OLC's 2014 opinion on the domestic source of authority for the Obama Administration to initiate airstrikes against the Islamic State.  Buckle up for some Article II action!

* Trumplandia:  Say, who is the attorney general these days anyway? Inquiring minds want to know, and we've got the details...including predictions on which litigation (if any) will get the question before the courts before 210 days have gone by (listen to find out why that number matters!).

* As for frivolity?  Why, we have audience Q&A;!

Bottom line: this was a really fun day, as you'll probably be able to tell!  Looking forward to the next live one...who wants to host???

 

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