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The Lawfare Podcast

Rational Security: The “Damn Danville!” Edition

Aug 27, 2023
Lawfare Executive Editor Natalie Orpett joins the team to discuss the inadmissibility of Abdul Raheem al-Nashiri's confession due to prior torture, conservative scholars arguing that Section 3 of the 14th Amendment disqualifies former President Trump, and Elon Musk's role in Ukrainian military efforts. The challenges of podcast production and the political complexities of resolving Guantanamo Bay are also explored.
01:25:10

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Podcast summary created with Snipd AI

Quick takeaways

  • The ruling on the inadmissibility of Abdul Raheem al-Nashiri's confession raises questions about the future of military commissions and the impact of prior torture on legal proceedings.
  • Conservative scholars argue that Section 3 of the 14th Amendment, which disqualifies individuals who engaged in insurrection or provided aid to enemies of the US, could exclude former President Trump from future presidencies.

Deep dives

The Scope and Broad Impact of Section 3 of the 14th Amendment

This article delves into the interpretation of Section 3 of the 14th Amendment, arguing that it disqualifies individuals who have engaged in insurrection or rebellion or have provided aid or comfort to enemies of the United States from holding public office. The authors assert that this disqualification is self-executing and does not require additional legislation to be implemented. Furthermore, they emphasize that the disqualifying conduct includes speech acts, which may not be protected by the First Amendment. The article appeals to originalism and asserts that a broad range of people involved in the events of January 6th, including former President Trump, could be disqualified from running for office based on the provisions of Section 3.

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