National Security Law Today

This week, hosts Elisa and Yvette breakdown the latest in national security news, from newly nominated cybersecurity officials, to upcoming cases on the Supreme Court docket, and the latest Air Force contract making strides towards a 3D printed supply chain. This episode references: U.S. v. Zubaydah (20-827): https://www.supremecourt.gov/qp/20-00827qp.pdf FBI v. Fazaga (20-828): https://www.suprem...

What is the difference between a whistleblower and a leaker? What are the various pathways a whistleblower can take when bringing information forward? And once a claim is made, how are discretion and protection built into the process? In this week’s episode, we hear from a panel of legal experts on the complexities of whistleblowing. They discuss the various roles lawyers play between government c...

Part 2 of 2 – The Biden Administration will be withdrawing all American troops from Afghanistan in the coming months, aiming to close out what has now been 20 years of U.S. military presence in the country. But where does this leave us with Iraq? In this week’s episode, hosts Elisa and Yvette sit down with author Robert Draper to discuss his new book, To Start a War: How the Bush Administration To...

The Biden Administration will be withdrawing all American troops from Afghanistan in the coming months, aiming to close out what has now been 20 years of U.S. military presence in the country. But where does this leave us with Iraq? In this week’s episode, hosts Elisa and Yvette sit down with author Robert Draper to discuss his new book, To Start a War: How the Bush Administration Took America Int...

Last week President Biden signed an executive order designed to modernize the federal government's response to cyberattacks. This new EO proposes an array of actions, including facilitating increased information sharing, improving software security, enhancing cybersecurity standards and processes for government systems; and establishing a cybersecurity safety review board. In this week’s episode,...

Is our legal system prepared for attacks like we saw on the Colonial Pipeline last week? In a functioning democracy, is it appropriate for a private company like Facebook to be so important to electoral success? And as COVID cases in India surge, what are the legal complexities of easing vaccine intellectual property rights in order to help our global counterparts? Bill Banks and Yvette Bourcicot...

Risk assessment and strategic planning are essential to any effort to protect and enhance national security. The areas in which such analysis and planning must take place — and the extent to which such planning is necessary — are expanding rapidly, however, raising questions about what preparedness means in the 21st century national security environment. This panel will discuss the legal authoriti...

The theme for Law Day 2021 is "Advancing the Rule of Law Now." In honor of Law Day, this week's episode showcases highlights from this year's program, Advancing the Rule of Law Now: A Global Perspective. This program explores the rule of law from an international perspective, specifically, the role of the United States within the international rule of law landscape. The rule of law is the bedrock...

In partnership with the ABA Law Student podcast, host Meg Steenburgh sits down with national security expert, Standing Committee on Law and National Security Chair, and Syracuse University professor William Banks, as he sheds light on how current events interact with our nation’s security and the law. William Banks is a professor at Syracuse Law School and the Chair of the ABA Standing Committee o...

Most security issues in government present leadership challenges and might in the first instance, best be addressed with effective leadership. In the next instance, such issues present process challenges; getting the process right leads to better policy and to better results. Only in the third instance are issues resolved through law, in part because you cannot legislate leadership. National secur...

Voting laws have been capturing headlines, and not just in the context of Georgia but with nearly 20 other states considering similar voter restrictive legislation as well. In 2020, some of the biggest national security issues played out in the context of elections. This week, NSLT welcomes Nate Persily, the James B. McClatchy Professor of Law at Stanford Law School, to discuss the role of federal...

The National Security Commission on Artificial Intelligence has said, “the development of AI will shape the future of power.” AI is coming and coming hard. The meaningful application of law and ethics will help determine whether we maximize the opportunities and minimize and mitigate the risks. Law and ethics will, or could and should, distinguish democratic and American AI from authoritarian appl...

The Georgetown Journal of National Security Law & Policy (JNSLP) hosted it's 2021 annual symposium this week, featuring a keynote discussion with Jim Steinberg, former U.S. Deputy Secretary of State. For this week's episode, Jim Steinberg, along with James Feinerman, Professor of Law at Georgetown University, sit down to discuss U.S.-China relations, managing differences, and the ongoing power str...

In partnership with CSIS's Strategic Dialogue on Civic Education as a National Security Imperative, this week's episode features an expert panel of national security lawyers sharing perspectives on why civic education is a national security issue. Why is it important for the American public to understand the role of national security institutions and the rule of law in our democracy? And how does...

This week hosts Elisa and Yvette cover the latest topics, from QAnon security clearances and presidential pardons, to FOIA, dealings with China, and Microsoft zero-days. This episode references: - Security Clearance Improvement Act of 2021: https://www.congress.gov/bill/117th-congress/house-bill/353/text?r=17&s=1 - Section 230, Communication Decency Act: www.law.cornell.edu/uscode/text/47/230 - Th...

We are entering into the next epoch of U.S. foreign policy. In this week's episode, host Harvey Rishikoff and guest Dr. John Hamre discuss a handful of critical issues - from industrial competition with China, to the growing polarization of America - and the role national security law will play in this next policy chapter. Dr. John Hamre is president and CEO of the Center for Strategic and Interna...

Online disinformation affects our national well being. It’s corrosive effect on democracy leads to greater mistrust and skepticism of our institutions. In this week’s episode, host Harvey Rishikof and guest Glenn Gerstell discuss the magnitude of the problem, its long term effects, and what lawyers should be thinking about in an effort to mitigate the problem. Glenn Gerstell is a senior advisor wi...

A recent cyber attack involving SolarWinds software and multiple government agencies is at the center of the current cyber policy debate. This attack, now publicly attributed to Russia, was highly targeted and stayed undetected for months. What does this attack say about America’s readiness to defend against malicious cyber actors? Is this our wake up call? Sean Joyce is Global and US Leader for P...

The Justice Department’s enforcement of the Foreign Agents Registration Act is the most aggressive in decades. Enacted in 1938, FARA “requires certain agents of foreign principals who are engaged in political activities or other activities specified under the statute to make periodic public disclosure of their relationship with the foreign principal, as well as activities, receipts and disbursemen...

This episode references: Kleptopia: How Dirty Money is Conquering the World https://www.harpercollins.com/products/kleptopia-tom-burgis?variant=32121952829474 National Security Law Today “Politics of Putin: Why he's attacking NATO, the EU, and America's free and fair elections” September 3, 2020 https://www.americanbar.org/groups/law_national_security/nslt/20200903-politics-of-putin-1/ Foreign Cor...

This episode references: Kleptopia: How Dirty Money is Conquering the World https://www.harpercollins.com/products/kleptopia-tom-burgis?variant=32121952829474 Suspicious Activity Reports (SAR) https://www.occ.treas.gov/topics/supervision-and-examination/bank-operations/financial-crime/suspicious-activity-reports/index-suspicious-activity-reports.html FINCen Geographic Targeting Order (GTO), Reissu...

Following the riot at the U.S. Capitol on January 6th, we spoke with longtime national security professors and practitioners William Banks, Mary DeRosa and Harvey Rishikof about the many different security threats and legal implications of last week's events. This episode references: National Security: Emerging Critical Issues CLE Webinar Series https://cvent.me/BNXmX5 The 25th Amendment https://w...

Seth Jones is a Senior Adviser at CSIS and terrorism researcher discusses the growing terror threat from domestic political extremists - a threat that played out in the assault of the US Capitol on January 6, 2021 This episode references: The ABA President's Statement on the violence at the Capitol https://www.americanbar.org/news/abanews/aba-news-archives/2021/01/statement-of-aba-president-patric...

This week we discuss the must-pass National Defense Authorization Act which funds much of the defense and national security operations in the US and would add some interesting new cybersecurity protections. This year's bill is unusually controversial, with fights about social media regulations threatening the smooth passage of the legislation. This episode references: The 2021 National Defense Aut...

Sometimes presidents have pardoned famous or controversial figures, stirring up news stories and even Congressional hearings. And we ask the biggest pardon question of them all: can the president pardon himself? This episode references:U.S. Constitution, Art. II, Sec. 2https://constitution.congress.gov/browse/article-2/section-2/ Congressional Report, Justice Undone: Clemency Decisions in the Clin...