The National Security Law Podcast: We Won an Award?!?

By Robert Chesney, Steve Vladeck
Wednesday, November 13, 2019, 4:37 PM

When you are done watching the impeachment hearings and just can’t take it anymore, it’s time to open up a can of … National Security Law Podcast! For your happy hour or other occasions, we’ve got a fresh episode. Tune in as Professors Chesney and Vladeck discuss and debate:

  1. Yesterday’s SCOTUS argument in Hernandez (the cross-border shooting case, which Steve argued!)
  2. Alasaad v. Nielsen, in which a district judge rejects the government’s position that the Fourth Amendment border exception applies with its usual force in relation to comprehensive searches of phones and other electronics at ports of entry. Key takeaway: there still is no warrant requirement, yet there is a requirement not only that there be reasonable suspicion but that said suspicion concern the presence of contraband—i.e., no fishing expeditions for other purposes.
  3. National Cupcake Day (Dec. 15) approaches…and with it, the sunset for a series of foreign-intelligence collection authorities (Lone Wolf, Roving Wiretap, Section 215, and USA Freedom Act CDRs)
  4. Rumor has it…that President Trump wants to can the Inspector General for the Intelligence Community on the ground that his handling of the Vindman complaint was not sufficiently loyal. Ugh. But make no mistake: Presidents can remove IGs if they want; they are not protected by for-cause limitations.
  5. Not impeachable if no ultimate follow-through? Sigh.