Where federal courts, national security, and subtle but important problems lurk, you’ll find Steve Vladeck explaining things. Steve joins us to talk about a seemingly narrow question of the proper application a statute prohibiting civil-office holding by military officers. The issue, though, could hardly be more far-reaching, asking us to consider the principles of civilian control of the military and military non-control of civil life. Also, a little on the use of “treason” to describe the allegations of the Trump campaign’s collusion with Russian operatives and Flynn’s work for Turkey.
This show’s links:
Steve Vladeck’s faculty profile (https://law.utexas.edu/faculty/stephen-i-vladeck), academic writing (https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=362455), and blogging on Lawfare (https://lawfareblog.com/contributors/svladeck)
The National Security Law Podcast (https://www.nationalsecuritylawpodcast.com) and in particular episode 21: A Military Commissions Deep Dive (https://www.nationalsecuritylawpodcast.com/episode-21-a-military-commissions-deep-dive/)
Steve Vladeck, An Unconventional Test Case for Civilian Control of the Military (https://lawfareblog.com/unconventional-test-case-civilian-control-military)
SCOTUSblog page for Dalmazzi v. United States (http://www.scotusblog.com/case-files/cases/dalmazzi-v-united-states/) (containing links to the opinion below and all briefing)
Edmond v. United States (https://scholar.google.com/scholar_case?case=378350361225082100)
In re Al-Nashiri (https://scholar.google.com/scholar_case?case=1182013408965603282)
Steve Vladeck, The Misbegotten Court of Military Commission Review (https://www.lawfareblog.com/misbegotten-court-military-commission-review)
Christian Turner, Submarine Statutes (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2913641)
William Eskridge and John Ferejohn, Super-Statutes (http://scholarship.law.duke.edu/dlj/vol50/iss5/3/)
Kathleen McInnis, Statutory Restrictions on the Position of Secretary of Defense: Issues for Congress (https://fas.org/sgp/crs/natsec/R44725.pdf) (an excellent and highly readable Congressional Research Service report on civilian control of the military and civil-military relations)
Steve Vladeck, [Calling it] Treason Doth Never Prosper… (https://www.justsecurity.org/39204/calling-it-treason-doth-prosper/)
Diane Mazur, A More Perfect Military (https://www.amazon.com/More-Perfect-Military-Constitution-Stronger/dp/0195394488)
Special Guest: Steve Vladeck.