National Security Law Today

As the new year unfolds, how have 2024’s defining national security moments set the stage for what’s ahead? This week, Elisa Poteat is joined by Harvey Rishikof, former chair of the ABA Standing Committee on Law and National Security, for a big-picture review of the past year. Together, they discuss emerging challenges in geopolitics, AI’s growing role in defense, and pivotal shifts in data securi...

How does a centuries-old constitutional power continue to influence the modern balance of government? This week, Elisa speaks with Neil Eggleston, former White House Counsel to President Obama, to delve into the history and controversies surrounding recess appointments. Together, they explore the historical roots of this executive power, landmark cases that have shaped its use, and its implication...

TikTok’s growing influence and its connections to national security remain hot topics in Washington. This week, Elisa sits down with Glenn Gerstell, former General Counsel of the National Security Agency, to examine the legal battles surrounding TikTok, including a recent D.C. Circuit Court ruling. Together, they unpack the implications of foreign adversary laws, ByteDance’s defense strategies, an...

(Part 2 of 2) The nominations and confirmations process is a cornerstone of American governance, but how does it actually work? Continuing our discussion on the confirmation process, Elisa sits down with retired Marine Corps Major General Arnold Punaro, a veteran of Capitol Hill and author of If Confirmed: An Insider’s View of the National Security Process . Together, they explore the three phases...

The nominations and confirmations process is a cornerstone of American governance, but how does it actually work? Continuing our discussion on the confirmation process, Elisa sits down with retired Marine Corps Major General Arnold Punaro, a veteran of Capitol Hill and author of If Confirmed: An Insider’s View of the National Security Process . Together, they explore the three phases of confirmati...

From vetting nominees to navigating Senate committees, the process of appointing leaders in the Executive Branch is both intricate and essential. This week, Elisa Poteat welcomes Erik Swabb, Partner at WilmerHale and former General Counsel of the Senate Armed Services Committee, to demystify the confirmation process. Together, they explore how nominees are evaluated, the authority behind committee...

This week, Elisa revisits her conversation with longtime former Pardon Attorney, Helen Bollwerk, to unpack the presidential pardoning process. Together, they explore the procedural regulations, judicial precedents, past controversies, and the pressing question of whether a president-elect can pardon himself. Helen Bollwerk served as a pardon attorney at the Department of Justice for nineteen years...

While the U.S. presidential election takes center stage, global events continue to unfold. This week, Elisa delves into the latest national security headlines, covering key takeaways from the BRICS summit, Chinese espionage tactics, a recent data breach exposing millions of Americans' healthcare information, and more. References: Upcoming ABA Event: Register for the 34th Annual Review of the Field...

On October 15th, the ABA Standing Committee on Law and National Security hosted a luncheon event featuring remarks by Ambassador John Sullivan, former US ambassador to the Russian Federation from 2019 to 2022, and author of Midnight in Moscow: A Memoir From the Front Lines of Russia's War Against the West . Ambassador Sullivan shares his firsthand experiences on the diplomatic front lines during P...

(Part 2 of 2) - The rapid development of AI presents a unique challenge: how do we balance innovation with regulation? This week, Elisa is joined by Samir Jain, Vice President of Policy at the Center for Democracy & Technology, and Margaret Hu, Professor of Law and Director of the Digital Democracy Lab at William & Mary Law School. Together, they delve into the complexities of state-level...

The rapid development of AI presents a unique challenge: how do we balance innovation with regulation? This week, Elisa is joined by Samir Jain, Vice President of Policy at the Center for Democracy & Technology, and Margaret Hu, Professor of Law and Director of the Digital Democracy Lab at William & Mary Law School. Together, they delve into the complexities of state-level AI regulations,...

As the world imposes economic sanctions on Russia, the effectiveness of these measures comes under scrutiny. This week, Elisa sits down with Bloomberg journalist Stephanie Baker to discuss her latest book, Punishing Putin: Inside the Global Economic War to Bring Down Russia . Together, they explore how Russia's oligarchs have managed to evade sanctions, the role of shell companies in Cyprus and Du...

This week, join the ABA Standing Committee for a discussion with David Cattler, Director of the Defense Counterintelligence and Security Agency (DCSA), the government's premier provider of integrated security services. DCSA blends industrial security, counterintelligence support, personnel vetting and security training to advance and preserve America's strategic edge. David Cattler is Director of...

(Part 2 of 2) As AI advances and data privacy laws fall behind, the U.S. faces a major national security threat: the unchecked exploitation of personal data. This week, Elisa is joined by Margaret Hu, Professor of Law at William & Mary, and Davi Ottenheimer, Vice President of Trust and Digital Ethics at Inrupt, to explore the vulnerabilities in our digital footprint and what can be done to pro...

As AI advances and data privacy laws fall behind, the U.S. faces a major national security threat: the unchecked exploitation of personal data. This week, Elisa is joined by Margaret Hu, Professor of Law at William & Mary, and Davi Ottenheimer, Vice President of Trust and Digital Ethics at Inrupt, to explore the vulnerabilities in our digital footprint and what can be done to protect it. Toget...

(Part 2 of 2) Lobbying has long been a powerful force in Washington, shaping policies and influencing decisions behind closed doors. But how deep does this influence go, and what are the consequences for national security? This week, host Elisa sits down with Brody Mullins, co-author of The Wolves of K Street , to discuss the murky world of lobbying, its historical roots, and the unprecedented pow...

Lobbying has long been a powerful force in Washington, shaping policies and influencing decisions behind closed doors. But how deep does this influence go, and what are the consequences for national security? This week, host Elisa sits down with Brody Mullins, co-author of The Wolves of K Street , to discuss the murky world of lobbying, its historical roots, and the unprecedented power wielded by...

Part 2 of 2 – Amid heightened tensions in the Middle East, the Houthis have launched attacks on merchant vessels, disrupting global trade and raising crucial questions about maritime law. This week, Elisa sits down with Professor Magne Frostad of UiT the Arctic University of Norway to explore the legal frameworks that govern maritime security, the impact of these attacks on global supply chains, a...

Amid heightened tensions in the Middle East, the Houthis have launched attacks on merchant vessels, disrupting global trade and raising crucial questions about maritime law. This week, Elisa sits down with Professor Magne Frostad of UiT the Arctic University of Norway to explore the legal frameworks that govern maritime security, the impact of these attacks on global supply chains, and the role of...

(Part 2 of 2) – As national security challenges evolve, so too does the scope of executive power in addressing them. This week, host Elisa is joined by Harold Hongju Koh, Sterling Professor of International Law and former dean of Yale Law School, to discuss his book, "The National Security Constitution in the 21st Century." Together, they explore the evolution of executive power over two centuries...

As national security challenges evolve, so too does the scope of executive power in addressing them. This week, host Elisa is joined by Harold Hongju Koh, Sterling Professor of International Law and former dean of Yale Law School, to discuss his book, "The National Security Constitution in the 21st Century." Together, they explore the evolution of executive power over two centuries, delve into the...

As the U.S. gears up for another presidential election this Fall, it's crucial to understand the ins and outs of how Americans elect their leaders. What is the electoral college? And what happens if there is a contested election? This week, we're revisiting a past conversation with Professor Edward Foley, Director of Election Law at Ohio State University's Moritz College of Law. Ned dives in on ho...

This week in Washington, leadership from NATO's 32 member nations convene for the annual NATO summit, marking the alliance's 75th anniversary. On the docket are contemporary challenges and controversies, all of which will influence the future direction of NATO. In honor of the summit we're re-airing two previous conversations, featuring NATO experts Erwan Lagadec and Simon Miles. Separately they d...

This week, Elisa tackles hot-button issues in national security law: threats to the SWIFT system, Taiwan's semiconductor industry, and the uncertain future of NATO as we inch our way towards the U.S. presidential election this fall. References: NSLT Ep. 217, "Crackdown on Russia's Dirty Money with Brian Egan" NSLT Ep. 325, "Security Lessons from Sci-Fi Worlds: Total Recall with Sunita Patel (Part...

Like a vast haystack of digital information, bulk data conceals critical needles—sensitive details that, if found and exploited, can pose severe risks to national security. This week, Elisa is joined by Eric Johnson, the Principal Deputy Chief of the Foreign Investment Review Section at the DOJ's National Security Division. Together they discuss the implications of E.O. 14117, the balance between...