Episode 61 of the National Security Law Podcast: Judge Pohl Says: “Hold My Beer”

No shortage of topics this week, but then again there was no shortage last week, or before that, or…ever.  So, what’s on tap?  Tune in to hear Professor Chesney and I explore:

  • A host of Supreme Court developments, including action relating to DACA, immigration detention and the due process clause, Patchak and the question of whether Congress can direct courts to dismiss a class of cases, and-especially-the United States v. Microsoft litigation and the question of whether Microsoft can refuse to comply with a warrant where the data in question is held on a server outside the United States.  That last topic, in turn, leads to an overview of pending legislation–the CLOUD Act–that might resolve the issue in an appealing way.
  • A host of Military Commission developments, including (in)action on the Darbi plea-based transfer, clarification on the appealability of Judge Spath’s remarkable abatement ruling, and a bold move by Judge Pohl to compel Secretary Mattis to justify the firing of Convening Authority Harvey Rishikof and his legal advisor Gary Brown (in the context of an unlawful command influence motion).
  • Suing terrorists–and their banks:  a discussion of JASTA, the Anti-Terrorism Act, and the recent Second Circuit ruling in Linde v. Arab Bank.
  • The Schiff Memo, the #Mehmo, and more…when will it all end?
  • A new case for the Foreign Intelligence Surveillance Court of Review–an appeal by the government from a split en banc FISC ruling finding standing for the ACLU and MFIA to press a First Amendment claim to seek access to FISC rulings.
  • And last, but not least, we review some recent letters from State and Defense, sent to Senator Kaine, reviewing Trump administration views on the legal bases for the US military role in Iraq and Syria.

Alas, little frivolity this week.  But don’t bet on that to continue!

 

About the Author(s)

Steve Vladeck

Co-Editor-in-Chief of Just Security and Professor of Law at the University of Texas School of Law. Follow him on Twitter (@steve_vladeck).