163 episodes

National Security Law Today brings legal experts discussing the hot topics and current issues in the world of national security law right to your phone. Get information and advice for lawyers, law students or interested parties who want to dig deeper into the law that protects the country.

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    • News

National Security Law Today brings legal experts discussing the hot topics and current issues in the world of national security law right to your phone. Get information and advice for lawyers, law students or interested parties who want to dig deeper into the law that protects the country.

    Kleptocracy and National Security Part 1 with Tom Burgis

    Kleptocracy and National Security Part 1 with Tom Burgis

    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), Reissued November 4, 2020
    https://www.fincen.gov/sites/default/files/shared/508_Real%20Estate%20GTO%20Order%20FINAL%20GENERIC%2011.4.2020.pdf

    “Tower of Secrets: The Russian Money Behind a Donald Trump Skyscraper” Financial Times, July 11, 2018
    https://www.ft.com/trumptoronto

    2021 National Defense Authorization Act
    https://www.govtrack.us/congress/bills/116/hr6395/text

    Tom Burgis is an is an investigations correspondent at the Financial Times and an author
    https://www.harpercollins.com/blogs/authors/tom-burgis

    • 37 min
    Siege at the Capital – The National Security Law Perspective

    Siege at the Capital – The National Security Law Perspective

    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://www.law.cornell.edu/constitution/amendmentxxv

    Articles of Impeachment introduced in the House
    https://cicilline.house.gov/sites/cicilline.house.gov/files/documents/ARTICLES%20-%20Final%201030%20-%20011121.pdf

    Mayor Bowser’s Letter to U.S. Department of Homeland Security Acting Secretary Chad Wolf Regarding Inauguration Preparations
    https://mayor.dc.gov/release/mayor-bowser%E2%80%99s-letter-us-department-homeland-security-acting-secretary-chad-wolf-regarding

    18 USC § 2384, Seditious conspiracy
    https://www.law.cornell.edu/uscode/text/18/2384

    18 USC § 2381, Treason
    https://www.law.cornell.edu/uscode/text/18/2381

    18 USC § 2383, Rebellion or insurrection
    https://www.law.cornell.edu/uscode/text/18/2383

    52 USC § 20511
    https://www.law.cornell.edu/uscode/text/52/20511

    40 USC § 5104, Unlawful activities [in the United States Capitol Buildings and Grounds]
    https://www.law.cornell.edu/uscode/text/40/5104

    "If Trump pardons himself now, he’ll be walking into a trap" Asha Rangappa, Washington Post, January 8, 2021
    https://www.washingtonpost.com/outlook/trump-raffensperger-pardon-prosecute/2021/01/06/a32388fe-4f9d-11eb-bda4-615aaefd0555_story.html

    FBI Statement Before the House Oversight and Reform Committee. "Confronting White Supremacy" June 4, 2019
    https://www.fbi.gov/news/testimony/confronting-white-supremacy

    "Hate Crimes in U.S. Rose to Highest Level in More Than a Decade in 2019" New York Times, November 16, 2020
    https://www.nytimes.com/2020/11/16/us/hate-crime-rate.html

    "Pelosi asks Joint Chiefs about preventing Trump from launching nukes" Politico, January 8, 2021
    https://www.politico.com/news/2021/01/08/pelosi-trump-take-away-nuclear-codes-456529

    "Amazon Will Suspend Hosting For Pro-Trump Social Network Parler" Buzzfeed News, January 9, 2021
    https://www.buzzfeednews.com/article/johnpaczkowski/amazon-parler-aws

    "From ‘beautiful’ to ‘disgraceful’: World reacts to Capitol riots" Atlanta Journal-Constitution, January 7, 2021
    https://www.ajc.com/news/nation-world/from-beautiful-to-disgraceful-world-reacts-to-capitol-protests/JONZQYHFKZFQ5GKOUP4QHOK2XE/

    "Kim Jong Un Calls U.S. North Korea's 'Biggest Enemy,' Vows To Advance Nuclear Arsenal" NPR, January 9, 2021
    https://www.npr.org/2021/01/09/955192283/kim-jong-un-calls-u-s-north-koreas-biggest-enemy-vows-to-advance-nuclear-arsenal

    Past NSLT podcasts on
    Impeachment
    https://www.americanbar.org/groups/law_national_security/nslt/20191219-impeachment-national-security-and-the-law/

    The Mueller Report
    https://www.americanbar.org/groups/law_national_security/nslt/20190502-what-have-we-learned-from-the-mueller-report-part1/

    Pardons
    https://www.americanbar.org/groups/law_national_security/nslt/20201203-pardons-clemency1/

    Domestic Terrorism
    https://www.americanbar.org/groups/law_national_security/nslt/20210107-domestic-terrorism/

    The Insurrection Act
    https://www.americanbar.org/groups/law_national_security/nslt/20200605-insurrection-act/

    William Banks is a professor at Syracuse Law School and the Chair of the ABA Standing Committee on Law and National Security
    http://law.syr.edu/profile/william-banks1

    Mary DeRosa is a professor at Georgetown University Law Center and the Chair of the Advisory Committee
    https://www.law.georgetown.edu/faculty/mary-b-derosa/

    Harvey Rishikof is the Director of Policy and Cyber Security Research at the University of Maryland ARLIS and the Senior Counselor to the Committee
    https://www.aspeninstitute.org/our-people/harvey-rishikof/

    • 50 min
    Rebroadcast: Today's terror threats come from domestic extremists with Seth Jones

    Rebroadcast: Today's terror threats come from domestic extremists with Seth Jones

    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-patricia-lee-refo-re--violence-at-the/

    "Pro-Trump mob storms US Capitol in bid to overturn election" AP, January 7, 2021
    https://apnews.com/article/election-2020-joe-biden-donald-trump-elections-electoral-college-78104aea082995bbd7412a6e6cd13818

    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-immunity-enable-big-tech-bad-behavior

    Seth Jones "The War Comes Home: The Evolution of Domestic Terrorism in the United States" October 22, 2020
    https://www.csis.org/analysis/war-comes-home-evolution-domestic-terrorism-united-states

    Hunting in the Shadows The Pursuit of Al Qa'ida Since 9/11
    https://wwnorton.com/books/9780393081459

    In the Graveyard of Empires: America's War in Afghanistan
    https://www.amazon.com/Graveyard-Empires-Americas-War-Afghanistan/dp/0393338517

    A Covert Action: Reagan, the CIA, and the Cold War Struggle in Poland
    https://www.amazon.com/Covert-Action-Reagan-Struggle-Poland/dp/0393247007

    How Terrorist Groups End: Lessons for Countering al Qa'ida
    https://www.rand.org/pubs/monographs/MG741-1.html

    Seth Jones is the Director of the Transnational Threats Project and a Senior Adviser in the International Security Program at the Center for Strategic and International Studied (CSIS)
    https://www.csis.org/people/seth-g-jones

    • 37 min
    The fight over funding next year's national security budget with Andrew Borene and Adam Pearlman

    The fight over funding next year's national security budget with Andrew Borene and Adam Pearlman

    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 Authorization Act
    https://www.govinfo.gov/content/pkg/BILLS-116hr6395enr/pdf/BILLS-116hr6395enr.pdf

    "Trump says he will veto $740 billion defense bill, breaking with Republican-led Senate" CNBC, December 17, 2020
    https://www.cnbc.com/2020/12/17/trump-says-he-will-veto-defense-bill.html

    Cyberspace Solarium Commission
    https://www.solarium.gov/

    "Six Pillars of Cyber Deterrence with Suzanne Spaulding," NSLT Podcast, March 19, 2020
    https://www.americanbar.org/groups/law_national_security/nslt/20200319-six-pillars-of-cyber-deterrence/

    "Senate approves defense bill establishing cyber czar position, subpoena power for cyber agency" The Hill, December 11, 2020
    https://thehill.com/policy/cybersecurity/529888-senate-approves-defense-bill-establishing-cyber-czar-position-subpoena

    FireEye Hack Explainer
    https://www.fireeye.com/blog/threat-research/2020/12/evasive-attacker-leverages-solarwinds-supply-chain-compromises-with-sunburst-backdoor.html

    "How suspected Russian hackers outed their massive cyberattack" Politico, December 16, 2020
    https://www.politico.com/news/2020/12/16/russian-hackers-fireeye-cyberattack-447226

    "How does CISA and the intelligence community protect American elections? With Dan Sutherland" NSLT Podcast, October 8, 2020
    https://www.americanbar.org/groups/law_national_security/nslt/20201008-cisa-elections-voting-security/

    "Public Service and National Security with Avril Haines and Paul Lekas" NSLT Podcast, April 16, 2020
    https://www.americanbar.org/groups/law_national_security/nslt/20200416-public-service-and-national-security/ 

    Section 230 of the Communications Decency Act
    https://www.law.cornell.edu/uscode/text/47/230

    Andrew Borene is Managing Director for the US Public Sector at Cybereason
    https://www.american.edu/spa/faculty/borene.cfm

    Adam Pearlman is the Founder and Managing Director of Lexpat Global Services
    https://www.lexpatglobal.com/staff_trusted/adam-pearlman/

    • 46 min
    Pardon Controversies and Limits with Helen Bollwerk

    Pardon Controversies and Limits with Helen Bollwerk

    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 Clinton White House, May 14, 2002. [In Three Parts]
    https://www.govinfo.gov/content/pkg/CRPT-107hrpt454/pdf/CRPT-107hrpt454-vol1.pdf
    https://www.govinfo.gov/content/pkg/CRPT-107hrpt454/pdf/CRPT-107hrpt454-vol2.pdf
    https://www.govinfo.gov/content/pkg/CRPT-107hrpt454/pdf/CRPT-107hrpt454-vol3.pdf

    Congressional Hearing, Use and Misuse of Presidential Clemency Power for Executive Branch Officials, July 11, 2007https://fas.org/irp/congress/2007_hr/clemency.pdf

    28 CFR § 1.1 - 1.11https://www.law.cornell.edu/cfr/text/28/part-1
    Presidential or Legislative Pardon of the President (August 5, 1974)
    https://www.justice.gov/olc/opinion/presidential-or-legislative-pardon-president 

    Helen Bollwerk worked as an attorney in the Justice Department Office of the Pardon Attorney

    • 33 min
    Who can get a presidential pardon? Part 1 with Helen Bollwerk

    Who can get a presidential pardon? Part 1 with Helen Bollwerk

    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.edu/cfr/text/28/part-1

    Ex parte Wells, 59 U.S. (18 How.) 307 (1855)
    https://supreme.justia.com/cases/federal/us/59/307/

    Ex parte Garland, 71 U.S. (4 Wall.) 333 (1866)
    https://supreme.justia.com/cases/federal/us/71/333/

    Carlesi v. New York, 233 U.S. 51 (1914)
    https://supreme.justia.com/cases/federal/us/233/51/

    Burdick v. United States, 236 U.S. 79 (1915)
    https://supreme.justia.com/cases/federal/us/236/79/

    Ex parte Grossman, 267 U.S. 87 (1925)
    https://supreme.justia.com/cases/federal/us/267/87/

    Hoffa v. Saxbe, 378 F. Supp. 1221 (D.D.C. 1974)
    https://law.justia.com/cases/federal/district-courts/FSupp/378/1221/2124607/

    Schick v. Reed, 419 U.S. 256 (1974)
    https://www.oyez.org/cases/1974/73-5677

    United States v. Noonan, 906 F.2d 952 (3d Cir. 1990)
    https://casetext.com/case/us-v-noonan

    Office of the Pardon Attorney in the Department of Justice
    https://www.justice.gov/pardon

    Helen Bollwerk worked as an attorney in the Justice Department Office of the Pardon Attorney.

    • 37 min

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