An over-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 Professor Chesney and I 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.
FEATURED IMAGE: JOMSOM, NEPAL - MAY 28: Microphones and other equipment in the recording room of the MBC radio station on May 28, 2014 in Jomsom, Nepal. The Mustang Broadcasting Community building which is financed by the Korea International Cooperation Agency and designed by Archium utilising locally available materials and labour is the first radio station of its kind in Mustang. Mustang is one of Nepal's most remote regions and the station sits 3000 metres above sea level, situated on a ledge close to the banks of the Kali Gandaki River. (Photo by Taylor Weidman/Getty Images)
