Episode 65: Caging a Tiger




The National Security Law Podcast show

Summary: With apologies for short shownotes, here are the headlines for this week’s NSL Podcast:<br> <br> * The McCabe firing<br> * The prospect of legislation permitting judicial review of any decision to fire Mueller<br> * An update of the declaration of Secretary Mattis explaining why he removed the GTMO military commission’s Convening Authority and his legal advisor<br> * A decision by the Foreign Intelligence Surveillance Court of Review recognizing standing for ACLU and MFIA to press their claim for First Amendment-based access to FISC opinions<br> * A decision by the Fifth Circuit rejecting the existence of a Bivens cause of action in Hernandez v. Mesa (the cross-border shooting case on remand from SCOTUS)<br> * A recap of the issues in al Alwi, argued yesterday before the D.C. Circuit (raising questions about the enforceability of a PRB determination that a GTMO detainee should be transferred to Saudi Arabia, and about the continuing existence of detention authority in light of evolving circumstances in Afghanistan)<br> * The demise, for now at least, of S.J. Res. 54 (calling for withdrawal of US support for Saudi-led military operations in Yemen)<br> * The Cambridge Analytica/Facebook data privacy mess (excellent post by Andrew Woods on this <a href="https://www.lawfareblog.com/cambridge-analytica-facebook-debacle-legal-primer">here</a>)<br> * The RICO indictment of Phantom Secure for conspiring to support criminal activity through provision of secure communication services (and what this might portend for the Going Dark debate) (Bobby’s post on this <a href="https://www.lawfareblog.com/illegal-secrecy-prosecution-phantom-secure-and-its-implications-going-dark-debate">here</a>)<br> <br> And, what you really wanted to know: just what will Bobby and Steve be working on this summer, once classes are over!<br>