Steve Vladeck Pincer Move

About this Episode

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, academic writing, and blogging on Lawfare
• The National Security Law Podcast and in particular episode 21: A Military Commissions Deep Dive
• Steve Vladeck, An Unconventional Test Case for Civilian Control of the Military
• SCOTUSblog page for Dalmazzi v. United States (containing links to the opinion below and all briefing)
• Edmond v. United States
• In re Al-Nashiri
• Steve Vladeck, The Misbegotten Court of Military Commission Review
• Christian Turner, Submarine Statutes
• William Eskridge and John Ferejohn, Super-Statutes
• Kathleen McInnis, Statutory Restrictions on the Position of Secretary of Defense: Issues for Congress (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…
• Diane Mazur, A More Perfect Military