The National Security Law Podcast

The National Security Law Podcast: ‘Tis Better to Have Impeached and Lost …

By Robert Chesney, Steve Vladeck
Thursday, February 4, 2021, 1:15 PM

This week on NSL Podcast, co-hosts Steve Vladeck and Bobby Chesney discuss

  • The proposition that the First Amendment (particularly the Brandenburg rule) might matter for the Senate’s trial of the impeachment of Donald Trump
  • The D.C. Circuit’s ruling rejecting subject-matter jurisdiction over Philip Sundel’s attempt to gain access to a closed proceeding in the al Qosi litigation at the GTMO military commissions, with a special focus on the extensive dicta concerning the standing of agency employees to challenge the actions of their own agencies
  • The controversy that erupted in light of news that KSM might be vaccinated
  • The delay in the arraignment of Hambali and his co-defendants at GTMO
  • The confirmation of Secretary Mayorkas at DHS, and the delay of a confirmation hearing for Garland to be AG
  • The Biden administration’s termination of certain Trump-era cases DOJ had been pressing to SCOTUS
  • Canada’s decision to formally list the Proud Boys as a terrorist organization, and why the same thing cannot (under current law) happen in the United States

This, plus some lollygagging Bull Durham style, and dueling predictions about the Super Bowl!