The National Security Law Podcast

The National Security Law Podcast: This Podcast Is Not Subject to (Prior) Restraint

By Robert Chesney, Steve Vladeck
Monday, June 22, 2020, 4:54 PM

In the latest episode of the National Security Law Podcast, co-hosts Professors Steve Vladeck and Bobby Chesney discuss:

  1. Juneteenth, the Emancipation Proclamation, and War Powers
  2. DOJ’s doomed effort to get a prior restraint preventing publication of John Bolton’s already widely-distributed book (and, in contrast, DOJ’s strong prospects for getting a constructive trust for breach of contract)
  3. Espionage Act liability for leaking national security information: a 30-month sentence for a former DIA analyst this week, and speculation about how it would look if DOJ took this approach with John Bolton
  4. The Supreme Court’s DACA ruling: wrestling with the nuances of the decision
  5. There were no National Guard air assets conducting surveillance in DC…unless maybe there were?
  6. There were no Pennsylvania National Guard personnel in DC…unless maybe there were?
  7. Oh, look, international armed conflict between China and India…
  8. The Uighur Human Rights Policy Act of 2020 becomes law: understanding how it relates to IEEPA, where it does and does not provide wiggle room for the president, and whether its plain terms warrant application to President Xi and other senior Chinese officials.

As for frviolity: Sportsball is almost back…but will the NBA or MLB really deliver games?