The National Security Law Podcast: Our Gym Was Named for the Espionage Act Guy?

By Robert Chesney, Steve Vladeck
Thursday, May 30, 2019, 10:11 AM

In a final episode before taking a one-week travel break, we discuss and debate an array of recent developments innational security law, including:

  • Julian Assange is charged under the Espionage Act: The Justice Department has unsealed a superseding indictment against WikiLeaks founder Julian Assange, including a raft of Espionage Act charges with serious (and long-anticipated) implications for journalists. The indictment does not mention the connection between UT’s Volleyball Gymnasium and a key architect of the Espionage Act back during World War I, so we also address that…
  • Border wall funding: In Sierra Club v. Trump, a federal district judge has issued a preliminary injunction in relation to the Trump administration’s efforts to transfer funds to Pentagon’s “Section 284” account, while also addressing the distinct “Section 2808” military construction funding mechanism.
  • The Supreme Court agrees to hear the Cross-Border Shooting Case: Steve isn’t busy enough, so SCOTUS has decided to hear Hernandez v. Mesa (on whether a Bivens damages action should exist where a federal agent is alleged to have violated the Fourth and Fifth Amendments and there is no other remedy available).
  • National Security Division roundup: Short notes on a pair of terrorism-related case developments.
  • How was that not military activity? On the International Tribunal for the Law of the Sea decision concluding that Russia was not engaged in “military activities” when it fired on and seized Ukrainian vessels.

But, enough about all that serious stuff. We’ve also got opinions about the NBA…