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Episode 49 of the National Security Law Podcast: Interrogation, Detention, Prosecution, and Targeting

In this week’s episode, Bobby Chesney and I pick up the thread on a handful of familiar issues, and introduce a few new ones as well. Interrogation:  The topic is a blend,…

The Secret Ruling That Broke the Guantanamo Military Commissions

Sixteen years after Sept. 11, 2001, and 17 years after two suicide bombers killed 17 sailors aboard the USS Cole, the death penalty trials of the Guantanamo detainees accused of…
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Episode 47 of the National Security Law Podcast: Donuts and Depth Charges

And…we’re back! Fresh off of Thanksgiving, Professor Chesney and I are (all too) fired up to discuss the latest national security law news (not to mention a bunch of stuff…

Episode 46 of the National Security Law Podcast: The $15 Million Dollar Man

In this week’s episode, your devoted hosts dig into a bonanza of national security law odds-and-ends. First up is an en banc decision by the Foreign Intelligence Surveillance…

Guantanamo: Donald Trump’s Opportunity

The Trump Administration’s response to last week’s attacks in downtown Manhattan could go either of two directions: The United States could continue to flounder with indecision…

Why the First Amendment Constrains Trump’s Use of Twitter

President Donald Trump may be the first resident of the White House to be a prolific user of Twitter, but he probably won’t be the last.  Indeed, government officials around…
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Recap of Recent Pieces on Just Security (Oct. 28-Nov. 3)

Cybersecurity and Cyber Conflict Robert S. Taylor, Cyber, Sovereignty, and North Korea–And the Risk of Inaction Michelle Richardson and Mike Godwin, What the White House Needs…

The Absurd (if Predictable) Suggestion to Transfer Sayfullo Saipov to Longterm Military Custody

President Trump said yesterday that he would “certainly consider” transferring Sayfullo Saipov–the person who murdered eight people in Manhattan on Tuesday–to…
The crashed vehicle used in what is being described as a terrorist attack sits in lower Manhattan the morning after the event on November 1, 2017 in New York City. Police walk around the area. Ribbon ropes off the area around the truck.

For Quick and Strong Justice, Look to the Courts—Not Guantanamo

On Wednesday, Senators Lindsey Graham and John McCain reignited a seemingly settled debate by urging that Sayfullo Saipov, the suspect in Tuesday’s horrific terrorist attack…
A sign reading, "Office of Military Commissions Expeditionary Legal Complex Guantanamo Bay, Cuba" stands close to where pre-trial hearings are being held for the detainees at the military prison on June 25, 2013 in Guantanamo Bay, Cuba.

What’s Going on at Gitmo?

Big news out of Guantánamo today: Marine Brig. Gen. John Baker, the chief defense counsel for the Military Commissions, was found guilty of contempt and sentenced to 21 days confinement…

Episode 43 of the National Security Law Podcast: Unseal this Podcast!

It’s been a busy week in national security law! In Episode 43, Professor Bobby Chesney and I take on: Mueller-Time: Indictments against Manafort and Gates, and an even-more important…
A military officer stands near the entrance to Camp VI at the U.S. military prison for 'enemy combatants' on June 25, 2013 in Guantanamo Bay, Cuba.

Can Defense Counsel Ever Be Lawfully Surveilled by the Government?

David Luban’s essay (“Indefensible: Why Guantánamo defense lawyers can’t ethically participate any longer”) presents an excellent rendition of most of the ethics rules…
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