National Security Law Today

National Security Law Today
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National Security Law Today

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.

  1. The History and Impact of Recess Appointments with Neil Eggleston

    4 DAYS AGO

    The History and Impact of Recess Appointments with Neil Eggleston

    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 implications for the Senate's advice and consent role. Neil Eggleston is a litigation partner in the Washington, D.C., office of Kirkland & Ellis LLP, and served as White House Counsel to President Obama from 2014 to 2017 References: The Federal Vacancies Reform Act, 5 U.S.C. sec. 3345 NLRB v Noel Canning, Art. II Sec. 3 NLRB v. Southwest General

    45 min
  2. TikTok’s Legal Challenges: National Security, Data, and Foreign Influence with Glenn Gerstell

    17 DEC

    TikTok’s Legal Challenges: National Security, Data, and Foreign Influence with Glenn Gerstell

    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, and how platforms like TikTok could be weaponized for influence operations—from Romania’s elections to emerging AI developments. Glenn Gerstell served as the general counsel of the National Security Agency, and is a current Non-resident Senior Advisor with the International Security Program at the Center for Strategic and International Studies (CSIS). References: CNN: Federal appeals court declines to temporarily block ban on TikTok, teeing up showdown at SCOTUS over controversial law. Dec. 13, 2024 E.O. 13873, Securing the Information and Communications Technology and Services Supply Chain H.R. 7520, Protecting American's Data from Foreign Adversaries Act of 2024 TikTok Inc. and ByteDance LTD. v Merrick B Garland H.R.815, Making emergency supplemental appropriations for the fiscal year ending September 30, 2024, and for other purposes. Moody v. NetChoice, LLC E.O. 14034, Executive Order on Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern The Foreign Agents Registration Act (FARA)

    38 min
  3. If Confirmed: Arnold Punaro on the Intricacies of Senate Confirmations (Part 2)

    10 DEC

    If Confirmed: Arnold Punaro on the Intricacies of Senate Confirmations (Part 2)

    (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 of confirmation, the role of the Federal Vacancies Act, and the complexities of vetting nominees for positions like Secretary of Defense. Arnold L. Punaro is a retired United States Marine Corps Major General, and CEO of The Punaro Group and IronArch Technology References: Punaro, Arnold L. If Confirmed: An Insider’s View of the National Security Confirmation Process. Fortis Adducent, Inc, 2024. S. 2176 - Federal Vacancies Reform Act of 1998 The Federal Advisory Committee Act

    31 min
  4. If Confirmed: Arnold Punaro on the Intricacies of Senate Confirmations (Part 1)

    3 DEC

    If Confirmed: Arnold Punaro on the Intricacies of Senate Confirmations (Part 1)

    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 confirmation, the role of the Federal Vacancies Act, and the complexities of vetting nominees for positions like Secretary of Defense. Arnold L. Punaro is a retired United States Marine Corps Major General, and CEO of The Punaro Group and IronArch Technology References: Punaro, Arnold L. If Confirmed: An Insider’s View of the National Security Confirmation Process. Fortis Adducent, Inc, 2024. S. 2176 - Federal Vacancies Reform Act of 1998

    28 min
  5. From Nominee to Leader: Navigating the Confirmation Process with Erik Swabb

    20 NOV

    From Nominee to Leader: Navigating the Confirmation Process with Erik Swabb

    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 reviews, and the strategies that can bypass these traditional norms. Erik Swabb is a partner in the Defense, National Security and Government Contracts Practice at WilmerHale. References: U.S. Constitution, Article II Section 2

    40 min
  6. The Presidential Pardon: Controversies and Limits with Helen Bollwerk (RECAST)

    12 NOV

    The Presidential Pardon: Controversies and Limits with Helen Bollwerk (RECAST)

    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. References: U.S. Constitution, Art. II, Sec. 2 28 CFR § 1.1 - 1.11 Ex parte Wells, 59 U.S. (18 How.) 307 (1855) Ex parte Garland, 71 U.S. (4 Wall.) 333 (1866) Carlesi v. New York, 233 U.S. 51 (1914) Burdick v. United States, 236 U.S. 79 (1915) Ex parte Grossman, 267 U.S. 87 (1925) Hoffa v. Saxbe, 378 F. Supp. 1221 (D.D.C. 1974) Schick v. Reed, 419 U.S. 256 (1974) United States v. Noonan, 906 F.2d 952 (3d Cir. 1990) U.S. Constitution, Art. II, Sec. 2 28 CFR § 1.1 - 1.11 Congressional Report, Justice Undone: Clemency Decisions in the Clinton White House, May 14, 2002. Part One; Part Two; Part Three Congressional Hearing, Use and Misuse of Presidential Clemency Power for Executive Branch Officials, July 11, 2007 Office of Legal Counsel Presidential or Legislative Pardon of the President (August 5, 1974)

    1h 8m
  7. News Roundup: BRICS Summit, China's Expanding Space Program, and North Korean Troops in Russia

    5 NOV

    News Roundup: BRICS Summit, China's Expanding Space Program, and North Korean Troops in Russia

    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 of National Security Law CLE Conference, this November 14th-15th in Washington, DC

    11 min
  8. Midnight in Moscow: An Event with Ambassador John Sullivan

    29 OCT

    Midnight in Moscow: An Event with Ambassador John Sullivan

    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 Putin's invasion of Ukraine, offers insight into the state of US-Russia relations, and how far the West might need to go in standing up to Moscow. Ambassador John J. Sullivan, former US deputy secretary of state and former US ambassador to the Russian Federation, is a partner in Mayer Brown’s Washington DC and New York offices and co-lead of the firm’s National Security practice. References: Sullivan, John Joseph. Midnight in Moscow: A Memoir from the Front Lines of Russia’s War against the West. Little, Brown, and Company, 2024. Upcoming ABA Event: Earlybird registration deadline is Nov. 1 Register for the 34th Annual Review of the Field of National Security Law CLE Conference, this November 14th-15th in Washington, DC

    15 min
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About

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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  • Creator
    National Security Law Today
  • Years Active
    2017 - 2024
  • Episodes
    356
  • Rating
    Clean
  • Copyright
    © All rights reserved
  • Show Website
    National Security Law Today

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