National Security Law Today

Longtime former pardon attorney Helen Bollwerk explains that while the pardon power is solely at the discretion of the president, there are also lots of procedural regulations and judicial precedents that influence who gets pardoned. This episode references: U.S. Constitution, Art. II, Sec. 2 https://constitution.congress.gov/browse/article-2/section-2/ 28 CFR § 1.1 - 1.11 https://www.law.cornell....

The podcast hosts discuss the ongoing troubles with the presidential transition, and why that's a security risk, along with the shakeups at the highest levels of CISA. This episode references: 9/11 Commission Report [PDF] https://govinfo.library.unt.edu/911/report/911Report.pdf The Presidential Transition Act of 1963 [PDF]https://www.govinfo.gov/content/pkg/STATUTE-78/pdf/STATUTE-78-Pg153.pdf CRS...

The hosts of National Security Law Today look at major headlines form the past week around the election, the pandemic, and the firing of the Secretary of Defense. This episode references: "Politics of Putin: Why he's attacking NATO, the EU, and America's free and fair elections" National Security Law Today, September 3, 2020 https://www.americanbar.org/groups/law_national_security/nslt/20200903-po...

Seth Jones discusses the changing landscape of terrorism over the past decades and why it is domestic extremists not international terror cells that are now the greatest threat to our national security. This episode references: Senate Hearing "Does Section 230’s Sweeping Immunity Enable Big Tech Bad Behavior?" October 28, 2020 https://www.commerce.senate.gov/2020/10/does-section-230-s-sweeping-imm...

Professor Ned Foley of the Moritz College of Law at Ohio State University returns to talk about the milestone election case Bush v Gore and what a successful election looks like in America. This episode references: Edward Foley, "How to Know if the Election Is Actually ‘Rigged’ " Politico, September 13, 2020 https://www.politico.com/news/magazine/2020/09/13/how-to-know-if-the-election-is-actually-...

Professor Edward "Ned" Foley discusses how Americans elect our federal officers and how the law and the courts have ruled on voting; from naming electors to deciding Bush v Gore in 2000. Edward Foley "Think the Constitution protects your right to vote? That’s not really true — but it should." Washington Post, October 19, 2020 https://www.washingtonpost.com/opinions/2020/10/19/does-the-constitution...

ABA President Patricia "Trish" Refo discusses how the ABA supports elections and voting and how it advises on judicial nominations, and talks about her career in litigation. This episode references Federal Rules of Evidence https://www.rulesofevidence.org/ Daubert Standard from Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U.S. 579 (1993) https://supreme.justia.com/cases/federal/us/509/579/ An...

Dan Sutherland, Chief Counsel of the Cyber Infrastructure Security Agency discusses the challenges of supporting election security across the US and just what steps the government takes to safeguard the vote. This episode references: CISA Resources for Lawyers https://www.cisa.gov/resources-lawyers CISA Cyber Summit https://www.cisa.gov/live CISA Election Security Page https://www.cisa.gov/protect...

In this episode John Barry, author of the bestselling book The Great Influenza discusses the historical and policy lessons of the 1918 flu and what they mean for 2020. This episode references The Great Influenza: The Story of the Deadliest Pandemic in History https://www.amazon.com/Great-Influenza-Deadliest-Pandemic-History/dp/0143036491 The Espionage Act of 1917 https://iowaculture.gov/sites/defa...

Cynthia Ryan, the former general counsel of the NGA - the intelligence community's space surveillance and imaging agency - talks about her career path and what the biggest growth areas are in national security law. This episode references: National Space Council https://www.space.commerce.gov/category/national-space-council/ Law and Military Ops in Space with Jack Beard and Dale Stephens https://w...

Elizabeth Rindskopf Parker discusses her career as general counsel to the CIA and the NSA, and talks about how her work in the intelligence community led her to become a champion for civic education. This episode references: Women in American Cryptography https://www.nsa.gov/about/cryptologic-heritage/historical-figures-publications/women/ CIA spycatcher Jeanne Vertefeuille https://www.cia.gov/new...

Dr. Jill Goldenziel talks about how she teaches law and leadership to Marines, how the U.S. needs to think differently about online free speech, and how China and America use law as an operational tool This episode references: The New Fighting Words?: How U.S. Law Hampers the Fight Against Information Warfare https://scholarship.law.upenn.edu/jcl/vol22/iss1/3/ Packingham v. North Carolina 582 US _...

This episode references "Russian opposition leader Alexei Navalny is out of coma and responsive after suspected poisoning, hospital says" CBS News, September 8, 2020 https://www.cbsnews.com/news/alexei-navalny-russian-opposition-leader-out-of-coma-suspected-poisoning/ "Trolls, tracking and films: How Putin's Russia obsessively hounded opposition leader Navalny" Washington Post, August 29, 2020 htt...

Robert Dannenberg, who served in the CIA for 24 years, discusses Putin's history and worldview, how he views NATO and the United States, and why Russia launched interference campaigns against US elections. This episode references "Alexei Navalny: Russia opposition leader poisoned with Novichok - Germany" BBC, September 2, 2020 https://www.bbc.com/news/world-europe-54002880 "Trolls, tracking and fi...

Senior women in the intelligence community discuss national security legal issues, provide career advice, and answer audience questions. Watch the full panel video https://www.americanbar.org/groups/law_national_security/ The biographies of all speakers can be found below https://www.americanbar.org/content/dam/aba/administrative/law_national_security/speaker-bios-winsl-aug.pdf

In this episode Amb. Bonnie Jenkins discusses the value of education in policy work, her different experiences in government and think tanks, and her work advocating for women of color in national security. This episode references: The Report of the National Commission on Terrorist Attacks Upon the United States (9/11 Commission) https://9-11commission.gov/report/ The National Academies of Science...

This episode references: The President’s Executive Order on Hong Kong Normalization, July 14, 2020 https://www.whitehouse.gov/presidential-actions/presidents-executive-order-hong-kong-normalization/ Executive Order on Addressing the Threat Posed by TikTok, August 6, 2020 https://www.whitehouse.gov/presidential-actions/executive-order-addressing-threat-posed-tiktok/ Cybersecurity Law of the People’...

Global Health Security Agenda https://www.cdc.gov/globalhealth/security/index.htm Open Skies Treaty https://www.armscontrol.org/factsheets/openskies DOD Statement on Open Skies Treaty Withdrawal on May 21, 2020 https://www.defense.gov/Newsroom/Releases/Release/Article/2195239/dod-statement-on-open-skies-treaty-withdrawal/ State Department Bureau of International Security and Nonproliferation https...

This episode references: Full "Hacking Democracy: Elections and Beyond" recording, sign in required https://beacon360.content.online/xbcs/S1251/catalog/resources.xhtml?pSref=2020ANNW1OLC Supplemental reading materials for "Hacking Democracy: Elections and Beyond" https://www.americanbar.org/content/dam/aba/administrative/law_national_security/hacking-democracy-toc.pdf

This episode references: UN Security Council Resolution 1325, Adopted October 31, 2000https://documents-dds-ny.un.org/doc/UNDOC/GEN/N00/720/18/PDF/N0072018.pdf? OpenElement Women, Peace, and Security Act of 2017https://www.congress.gov/115/plaws/publ68/PLAW-115publ68.pdf United States Strategy on Women, Peace, and Securityhttps://www.whitehouse.gov/wp-content/uploads/2019/06/WPS-Strategy-FINAL-PDF...

This episode references: The Rome Statute https://www.icc-cpi.int/resource-library/documents/rs-eng.pdf Executive Order on Blocking Property Of Certain Persons Associated With The International Criminal Court https://www.whitehouse.gov/presidential-actions/executive-order-blocking-property-certain-persons-associated-international-criminal-court/ NSLT Episode "Will the Dollar be Disarmed? with Bria...

This episode references: Social Media and National Security Part II with Peter Singer and Rachel Levinson-Waldman https://www.americanbar.org/groups/law_national_security/nslt/20190131-social-media-and-national-security-part2/ Executive Order on Preventing Online Censorship https://www.whitehouse.gov/presidential-actions/executive-order-preventing-online-censorship/ Section 230 — Nurturing Innovat...

This episode references: " 'The Damage is Done': Judge Slams John Bolton, but Refuses to Block Book, National Law Journal, June 18, 2020 https://www.law.com/nationallawjournal/2020/06/20/the-damage-is-done-judge-slams-john-bolton-but-refuses-to-block-book/ Executive Order 13526 https://www.govinfo.gov/content/pkg/CFR-2010-title3-vol1/pdf/CFR-2010-title3-vol1-eo13526.pdf Iran and the Law of Armed C...

This episode references: SIGAR's 2019 High Risk Listhttps://www.sigar.mil/pdf/spotlight/2019_High-Risk_List.pdf Interactive High Risk Listhttps://www.sigar.mil/interactive-reports/high-risk-list/index.html SIGAR's April 30, 2020 Quarterly Report to Congresshttps://www.sigar.mil/pdf/quarterlyreports/2020-04-30qr.pdf Learning Lessons: Capturing and Institutionalizing Lessonsfrom Complex Stabilizatio...

This episode references: The Inspector General Act of 1978, As Amended https://uscode.house.gov/view.xhtml?path=/prelim@title5/title5a/node20&edition=prelim 2008 National Defense Authorization Act, SIGAR authorities at Section 1229 https://www.congress.gov/110/plaws/publ181/PLAW-110publ181.pdf SIGAR's 2019 High Risk List https://www.sigar.mil/pdf/spotlight/2019_High-Risk_List.pdf Interactive High...