Episode 45: An Inter-Jurisdictional Cluster-You-Know-What?




The National Security Law Podcast show

Summary: Has it only been a week?  Yeesh.  Well, we are back!  In this episode, Professors Vladeck and Chesney focus on three topics:<br> <br> * The Mueller investigation and the prospect that Mike Flynn may be charged under the Foreign Agents Registration Act.<br> * The increasingly-complex saga of the withdrawn defense lawyers in the al-Nashiri military commission case at GTMO.  Habeas petitions are sprouting all over the place, and the procedural complexity of the situation is growing by the day.<br> * An interesting legal and policy question is lurking out there:  The use of the “hybrid model” (that is, military capture and initial interrogation, followed by long-term disposition via the civilian criminal justice system) in the Mustafa al-Imam case generated no complaints from the right, whereas the decision to use the civilian criminal justice system for Saipov certainly did.  This highlights the fact that we have a comparatively stable system blending military and criminal law enforcement tools for overseas captures, but no analogue domestically.  Yet there is a statute, from the USA Patriot Act in 2001 no less, that arguably could function as the domestic equivalent to the “slow boat” that undergirds the overseas-capture hybrid-model scenario.  Will it ever be used, and if so what might a constitutional challenge look like?<br> <br> With that out of the way, your intrepid hosts wrap up with a debate over the greatest comedy films of all time.   What’s your top three?  Let us know on Twitter: @nslpodcast<br> And, hey, while you are online, go ahead and give us a review!<br>