I'm happy to report that Episode 4 of the National Security Law Podcast is now out! Check it out on the site's homepage here, subscribe on iTunes here, follow it on Twitter here!
Bobby Chesney is the Charles I. Francis Professor in Law and Associate Dean for Academic Affairs at the University of Texas School of Law. He also serves as the Director of UT-Austin's interdisciplinary research center the Robert S. Strauss Center for International Security and Law. His scholarship encompasses a wide range of issues relating to national security and the law, including detention, targeting, prosecution, covert action, and the state secrets privilege; most of it is posted here. Along with Ben Wittes and Jack Goldsmith, he is one of the co-founders of the blog.
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The indispensable Charlie Savage has just posted the latest iteration of the Trump Administration’s planned Executive Order on detention issues, along with an article placing that draft in context (including helpful insights from Jack Goldsmith and Ryan Goodman).
What the ground operation conducted by SEAL Team Six in Yemen this weekend can tell us about the Trump administration's legal and policy approach to counterterrorism going forward.
Still no music, but Steve Vladeck and I have posted Episode 2 of our new National Security Law Podcast, “If You Thought That Last Executive Order Was Controversial…”
In it, we discuss President Trump’s new Executive Order on immigration, last weekend’s use of military force in Yemen, and . . . our predictions for the Super Bowl and President Trump’s nominee to the Supreme Court (we recorded yesterday afternoon; Steve's predictions are better than mine, it turns out).
The world probably does not need another podcast, but it’s getting one anyway… As many of you already know, my friend Steve Vladeck joined me on the faculty at UT-Austin this past fall. We’re coteaching this spring, and even before that we were spending quite a bit of time in conversation about the latest developments in the field of national security law. Not surprisingly, we find that we agree on some things but not others, and also that we have a fun time sorting it all out. Well, now we’ve convinced ourselves that some of you might enjoy hearing how these conversations go.
Expanding Congressional Oversight of Kill/Capture Ops Conducted by the Military: Section 1036 of the NDAA
The 2017 NDAA contains interesting information on the little-known, emergent oversight architecture associated with kill/capture operations conducted by the military in locations other than areas of "theaters of major hostilities."
As noted here, a law forbidding retired military officer from serving as Secretary of Defense until seven years after retirement currently stands in the way of the Mattis nomination, and will require fresh legislation to overcome. Now the path towards obtaining that legislation is beginning to come into focus.