National Security Law Today National Security Law Today

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

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/

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

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/

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

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.