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. From Gaza to TikTok: Navigating the Year’s First Security Challenges

    22 JAN

    From Gaza to TikTok: Navigating the Year’s First Security Challenges

    As 2025 unfolds, the new administration faces its first major national security challenges: preserving a fragile ceasefire in the Middle East and addressing the contentious TikTok legal battle. In this week’s double episode, Elisa first speaks with Brian Egan, former Legal Adviser at the Department of State, to unpack the Gaza ceasefire, the role of international negotiations, and its potential for fostering regional stability. Next, Glenn Gerstell, former General Counsel of the NSA, returns to examine the Supreme Court opinion against TikTok, exploring how ByteDance’s refusal to divest has heightened national security concerns and why the Court’s decision could reshape data privacy laws in the U.S. Please note, both discussions were recorded just prior to President Trump’s inauguration and may contain information that has since evolved. Brian Egan is a partner at Skadden Arps Glenn Gerstell is a Non-resident Senior Advisor at the Center for Strategic and International Studies (CSIS). References: The Algiers Accords The Geneva Conventions Leahy Laws Overview Supreme Court Per Curiam Opinion on TikTok v Garland E.O. 13942, Addressing the Threat Posed by TikTok, and Taking Additional Steps To Address the National Emergency With Respect to the Information and Communications Technology and Services Supply Chain The Pentagon Papers

    1h 3m
  2. The TikTok Timer: National Security and the Race to a Ruling with Glenn Gerstell

    14 JAN

    The TikTok Timer: National Security and the Race to a Ruling with Glenn Gerstell

    The Supreme Court has heard the case that could decide TikTok’s fate in the U.S. This week, Glenn Gerstell returns with Elisa Poteat to discuss the national security concerns that sparked the legal challenge and the broader implications of the hearing. Together, they examine ByteDance’s key arguments, the government’s case, and how a ruling could reshape the relationship between technology, data privacy, and foreign influence. 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: Transcript: Jan. 10th 2025 Supreme Court Hearing, TikTok v Garland E.O. 14034, Executive Order on Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern NSLT Ep. 351, "TikTok’s Legal Challenges: National Security, Data, and Foreign Influence with Glenn Gerstell"

    24 min
  3. From 2024 to 2025: The Shifts Reshaping National Security with Harvey Rishikof

    7 JAN

    From 2024 to 2025: The Shifts Reshaping National Security with Harvey Rishikof

    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 security. Looking ahead, they explore how economic instability and rising global tensions might define 2025. Harvey Rishikof is a Senior Counselor to the ABA Standing Committee on Law and National Security References: The International Emergency Economic Powers Act (IEEPA) TikTok Inc., v Garland 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 Iran Contra, Minority Report Haidt, Jonathan. The Anxious Generation: How the Great Rewiring of Childhood Is Causing an Epidemic of Mental Illness. Penguin Press, an Imprint of Penguin Random House LLC, 2024. Koh, Harold Hongju. The National Security Constitution in the Twenty-First Century. Yale University Press, 2024.

    44 min
  4. The History and Impact of Recess Appointments with Neil Eggleston

    23/12/2024

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

    17/12/2024

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

    10/12/2024

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

    03/12/2024

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

    20/11/2024

    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
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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 - 2025
  • Episodes
    359
  • Rating
    Clean
  • Copyright
    © All rights reserved
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    National Security Law Today

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