Stephen Vladeck, Professor of Law at American University Washington College of Law, discusses the legal challenges brought to bear against unconstitutional government actions, the Obama administration’s so-far successful effort to keep Bagram prison free from judicial oversight, the high burden of proof on a prisoner to show the location of his detention was explicitly chosen to skirt the law and language in the National Defense Authorization Act that potentially criminalizes defense lawyers who represent terrorist suspects.
MP3 here. (25:31)
Stephen I. Vladeck is a Professor of Law at American University Washington College of Law, where his teaching and research focus on federal jurisdiction, national security law, constitutional law (especially the separation of powers), and international criminal law. A nationally recognized expert on the role of the federal courts in the war on terrorism, he was part of the legal team that successfully challenged the Bush Administration’s use of military tribunals at Guantánamo Bay, Cuba, in Hamdan v. Rumsfeld, 548 U.S. 557 (2006), and has co-authored amicus briefs in a host of other lawsuits challenging the U.S. government’s surveillance and detention of terrorism suspects.
Vladeck has also drafted reports on related issues for a number of organizations, including the First Amendment Center, the Constitution Project, and the ABA’s Standing Committee on Law and National Security, and he is a senior editor of the peer-reviewed Journal of National Security Law and Policy.
Vladeck is also a regular contributor to PrawfsBlawg and National Security Advisors; is the Chair of the Association of American Law Schools’ Section on National Security Law, and Chair-Elect of the Section on New Law Professors; and is admitted to practice in the State of New York, Third Department.