The National Security Law Podcast: How Did We Get Through This One Without Saying 'Posse Comitatus'?

By Robert Chesney, Steve Vladeck
Wednesday, September 27, 2017, 4:43 PM

Seriously, how did they manage not to say “posse comitatus” during this episode? Sigh. In this week’s episode, Professors Vladeck and Chesney do talk at length about various legal issues raised by the devastation in Puerto Rico, including the possibility of an invocation of the Insurrection Act. In addition, they renew attention to the as-yet-unnamed U.S. citizen who apparently remains in U.S. military custody as an enemy combatant in Syria or Iraq, urging the media to keep a focus on this important situation. On a related note, they also explore the significance of the Trump administration’s potential revisions to the Obama-era policy guidance regarding the use of lethal force outside of areas of “active hostilities.” From there, they pivot to a review of the special birthday party the Senate Judiciary Committee threw to celebrate Steve’s birthday, which took the form of a hearing on the constitutionality and desirability of a pair of bills that would help to further insulate the special-counsel position (and, thus, Bob Mueller’s investigation) from removal without adequate cause. They close with an update on the travel-ban litigation, noting that the critical issue at this juncture is whether the Supreme Court will vacate the relevant circuit decisions or let them stand. Well, they “close” with that in the sense that this is where a reasonable listener would tune out…but those who are gluttons for punishment can listen through to the end and be treated to musings on the new "Star Trek" series, the rapidly unfolding NCAA basketball scandal, and the relevance (or not) of the Cavaliers signing Dwayne Wade. Caveat audientis (or something like that…)!