The National Security Law Podcast: This Is Why We Can't Have Nice Things

By Robert Chesney, Steve Vladeck
Thursday, February 22, 2018, 11:31 AM

An overly long episode with a short title to reflect a very busy—and somewhat bizarre—eight day stretch in the wide world of national security law. This week, your hosts weigh in on:

  • The Supreme Court’s decision in Rubin v. Islamic Republic of Iran
  • The Supreme Court’s denial of cert. in CareFirst
  • The Supreme Court’s telling inaction on the government’s request for cert.-before-judgment in the DACA litigation
  • The Defense Department’s failure to transfer al Darbi from GTMO to Saudi Arabia in accordance with his plea agreement (oh how you’ll enjoy the part when Steve reads extended passages from the 2016 NDAA and Bobby narrates the 2014 plea agreement!)
  • Judge Spath’s mil com mic drop (“I’m out!”), as well as the military commission prosecutor’s office attempt to secure interlocutory review (spoiler alert: probably should be a petition for supervisory mandamus)
  • A short review of the past few weeks of DOJ counterterrorism prosecution results
  • The government’s factual case against US/Saudi dual-citizen John Doe, currently in military detention in Iraq, and the question of how to calibrate the burden of proof when it is a citizen
  • Mueller’s Russia indictment and what it does (or does not) signify

All that, plus disparaging remarks about Olympic competitors who do not appear to be skilled, at all, in “their” sport.