The National Security Law Podcast: 702 is to Madison as 215 is to Hamilton

By Robert Chesney, Steve Vladeck
Friday, March 8, 2019, 3:05 PM

So much to debate, so little time! Tune in as we plow through a host of recent (and not-so-recent) events in the world of national security law:

  • Fazaga v. FBI: An important Ninth Circuit decision on the interaction between the state-secrets privilege and FISA, not to mention the question of how the reasonable expectation of privacy test might imply in the context of conversations in a mosque.
  • The demise of the USA Freedom Act phone records program? News that the program may have been dormant for the past six months has raised some hard questions at a time when its sunset is looming.
  • Chelsea Manning and possible charges against Julian Assange or Wikimedia: Does this portend Computer Fraud and Abuse Act charges that might enable prosecution of Assange/WikiLeaks in a manner that is less relevant for traditional journalists?
  • President Trump’s determination to override the intelligence community’s recommendations on security clearances
  • The Senate is poised to join the House in voting to overturn the border emergency declaration, but a veto override is unlikely.
  • The 200th anniversary of McCulloch v. Maryland
  • An executive order in which President Trump revokes President Obama’s order 13732 Section 3 requirement of annual disclosure of airstrike numbers and civilian and combatant casualties outside of areas of active hostilities (i.e., areas other than Afghanistan, Syria/Iraq, and Somalia).