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It’s a lively session in the faculty lounge, as Professors Richard Epstein and John Yoo are both coming to us from California and … let’s just say that Richard seems to be enjoying life in the sun. First up, a guided tour through Donald Trump’s legal travails: the questions about whether he’ll be allowed on the ballot, the controversy over presidential immunity, and the debate over whether a second Trump Administration will pose a unique threat to the rule of law. Then we delve into a controversy over executive power regarding Joe Biden: is the president overstepping the limits of his office with attacks on the Houthis in Yemen? Some senators think so. Finally, we stop off at the Supreme Court to examine the case that might upend the administrative state — and we also examine why former Supreme Court clerks are getting half-million dollar signing bonuses. All that, plus wisdom from Richard’s Uncle Albert, an In-N-Out update from John (would it be the California episode without it?), and a (mean-spirited and factually inaccurate) discussion of why Senik didn’t go to law school.
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The President has a legal right to take action against pirates.
From 33 USC Ch. 7
Ҥ381. Use of public vessels to suppress piracy
The President is authorized to employ so many of the public armed vessels as in his judgment the service may require, with suitable instructions to the commanders thereof, in protecting the merchant vessels of the United States and their crews from piratical aggressions and depredations.
§382. Seizure of piratical vessels generally
The President is authorized to instruct the commanders of the public armed vessels of the United States to subdue, seize, take, and send into any port of the United States, any armed vessel or boat, or any vessel or boat, the crew whereof shall be armed, and which shall have attempted or committed any piratical aggression, search, restraint, depredation, or seizure, upon any vessel of the United States, or of the citizens thereof, or upon any other vessel; and also to retake any vessel of the United States, or its citizens, which may have been unlawfully captured upon the high seas.”