Episode 10: Is This Podcast Cert-Worthy?
In this hour-long episode, Professors Steve Vladeck and Bobby Chesney open by unpacking the ins-and-outs of two Guantanamo military commissions cases currently seeking Supreme Court review: the al-Nashiri case (which could give the Court a chance to determine whether an armed conflict existed with al Qaeda prior to 9/11) and Bahlul (which could give the Court a chance to settle, at long last, whether the commissions can adjudicate offenses that do not count as violations of the law of armed conflict). Well, actually, they open by admitting how bad their NCAA brackets turned out to be. But nevermind that. After the military commission stuff, they go on to describe an interesting development at the FISC regarding the standing of the ACLU, and they explain the doctrinal rules surrounding executive privilege claims in light of the dispute between Sally Yates and the Trump White House regarding her prospective testimony about Mike Flynn. They also find time to address the impact of the controversy over civilian casualties in Mosul, and a recent announcement by DOJ involving naturalization fraud committed by Iraqi refugees said to be linked to a terrible episode that occurred in Iraq in 2005 (involving US hostages). Last, they take up a series of questions posed by listeners on Twitter; somehow it results in a discussion of Big Little Lies.