National Security Law Today National Security Law Today

After weeks of back and forth, a new debt ceiling deal is inching its way through Congress. This week, host Elisa is joined by David Wessel, economic expert at the Brookings Institution, to discuss how economic and debt policies can strengthen or weaken national security. What is the national security impact if Congress fails to reach an agreement? And are the repeated battles over the debt ceiling and deficit threatening our prosperity?

David Wessel is Director of the Hutchins Center on Fiscal and Monetary Policy, and a Senior Fellow for Economic Studies at the Brookings Institution:
https://www.brookings.edu/experts/david-wessel/

References:

Wessel, David. In Fed We Trust: Ben Bernanke’s War on the Great Panic. Three Rivers Press, 2010:
https://www.penguinrandomhouse.com/books/188972/in-fed-we-trust-by-david-wessel/

Wessel, David. Red Ink: Inside the High-Stakes Politics of the Federal Budget. Crown, 2013:
https://www.barnesandnoble.com/w/red-ink-david-wessel/1110783493

Wessel, David. Only The Rich Can Play: How Washington Works in the New Gilded Age. PublicAffairs, 2021:
https://www.hachettebookgroup.com/titles/david-wessel/only-the-rich-can-play/9781541757202/?lens=publicaffairs

The Antideficiency Act:
https://www.gao.gov/legal/appropriations-law/resources

The Chips Act:
https://www.congress.gov/117/bills/hr4346/BILLS-117hr4346enr.pdf

The Biden Administration's International Economic Agenda: A Conversation with National Security Advisor Jake Sullivan:
https://www.brookings.edu/wp-content/uploads/2023/04/es_20230427_sullivan_intl_economic_agenda_transcript.pdf

On May 11, the Standing Committee on Law and National Security co-sponsored a bipartisan luncheon titled “Over-classification: How Bad Is It, What’s the Fix?” in person at U.S. Capitol Visitors Center cosponsored by the Nonproliferation Policy Education Center. Opening Remarks were given by Harvey Rishikof, Counselor, American Bar Association Standing Committee on Law and National Security, and Henry Sokolski, Executive Director, Nonproliferation Policy Education Center. Speakers included Senator Mark Warner, Chairman U.S. Senate Select Committee on Intelligence, Senator Mike Rounds, member U.S. Senate Select Committee on Intelligence, and Benjamin A. Powell, member Public Interest Declassification Board. The event examined how well the current classification and declassification system works and how best to reduce the volume and level of classified documents to help prevent future top-secret leaks. The program also featured a discussion of the bipartisan legislation introduced to reform the security classification system, “in order to reduce overclassification, prevent mishandling of classified information, promote better use of intelligence and enhance public trust.”

Senator Mark Warner is the Chairman of the U.S. Senate Select Committee on Intelligence:
https://www.warner.senate.gov/public/

Senator Mike Rounds is a Member of the U.S. Senate Select Committee on Intelligence:
https://www.rounds.senate.gov

Benjamin A. Powell is a Member of the Public Interest Declassification Board:
https://drive.google.com/file/d/1GL6Whli5OsZR4iKgQ5LLgWjENW4EZiP7/view?usp=share_link

The event was moderated by Harvey Rishikof, Senior Counselor of the ABA Standing Committee on Law and National Security, and Director of Policy and Cyber Research at the University of Maryland Applied Research Lab for Intelligence and Security:
https://www.arlis.umd.edu/about-arlis/our-people/harvey-rishikof-jd

References:

To watch the full program recording, visit The ABA Standing Committee on Law and National Security webpage:
https://www.americanbar.org/groups/law_national_security/


Sokolski, Henry. “Over-Classification: How Bad Is It, What’s the Fix?” NPEC, Mar. 2023, npolicy.org/wp-content/uploads/2023/03/2303-Full-Classification-Report.pdf.

FY 23, Congressional Reporting Requirement Referencing the NGA Model:
https://docs.google.com/document/d/1aEWsAgdO21qbKuIuh4g3qUqGaJvY7gvo9qvEarNOQrk/edit?usp=sharing

“Senators Introduce Bipartisan Legislation to Reform the Security Classification System.” Mark R. Warner, 10 May 2023, https://www.warner.senate.gov/public/index.cfm/2023/5/senators-introduce-bipartisan-legislation-to-reform-the-security-classification-system.

Senators Introduce Bipartisan Legislation to Reform the Security Classification System – Handout:
https://www.warner.senate.gov/public/_cache/files/6/0/60108bde-a49e-4eef-a676-02953097b1a7/6AA8FE9B9A8F171B3F920D7B83128DC0.security-clearance-one-pager.pdf

The Classification Reform Act of 2023:
https://www.warner.senate.gov/public/_cache/files/2/7/2748fc47-4999-4578-ba61-20b88c99e7b4/EF76391931E3038C2DF838DF398F7FBB.bag23456.pdf

A recent report out of the National Center for Education Statistics has revealed that America's 8th graders are scoring lower on civics education today than they have been in the last 20 years. This week's episode is a recast of an excellent conversation on civics, featuring former U.S. Secretary of Defense Bob Gates, Suzanne Spaulding of CSIS, with opening remarks by Dr. John Hamre of CSIS. To meet today's challenges, Americans must rediscover shared values, relearn the fundamentals of our constitutional republic, and re-form a sense of civic identity and commitment to our communities and across the nation. This conversation was originally recorded and broadcasted by CSIS as part of the CivXNow Civic Education Policy Summit.

To view the original event:
https://www.csis.org/events/civics-national-security-imperative-conversation-secretary-bob-gates

To learn more about CivXNow Civic Education Policy Summit: www.civxnow.org

Dr. Robert Gates is the former U.S. Secretary of Defense:
https://www.defense.gov/About/Biographies/Biography/Article/602797/

Suzanne Spaulding is a senior adviser for homeland security and director of the Defending Democratic Institutions project at CSIS:
https://www.csis.org/people/suzanne-spaulding

Dr. John Hamre is the President and CEO of CSIS:
https://www.csis.org/people/john-j-hamre

References:

NAEP Report Card: 2022 NAEP Civics Assessment. The Nation’s Report Card, 2022, www.nationsreportcard.gov/highlights/civics/2022/

NSLT ep. 165, “National Security Lawyers on Civic Education as a National Security Imperative”: https://soundcloud.com/nsltoday/national-security-lawyers-on-civic-education

As the war in Ukraine continues, we are transitioning to tell the stories of those who have been on the ground during the conflict, and the legal challenges they face in the region. This week, host Elisa welcomes back Yevgeny Vindman, currently serving as an expert consultant with the Atrocity Crimes Advisory Group. Yevgeny has visited numerous war crimes sites across Ukraine, and has worked with leadership to help investigate and eventually prosecute those crimes. This week he shares his experiences in these investigations, and how the war crimes trials might play out in the future.

Yevgeny Vindman is a colonel in the U.S. Army JAG Corps, and former deputy legal advisor on the White House National Security Council from 2018 to 2020:
https://www.justsecurity.org/author/yevgenyvindman/

References:

The Criminal Code of Ukraine, Article 438:
https://www.justice.gov/sites/default/files/eoir/legacy/2013/11/08/criminal_code_0.pdf

The Nuremburg Trials:
https://tile.loc.gov/storage-services/service/ll/llmlp/2011525364_NT_war-criminals_Vol-VI/2011525364_NT_war-criminals_Vol-VI.pdf

18 U.S. Code 2339D:
https://www.law.cornell.edu/uscode/text/18/2339D#:~:text=18%20U.S.%20Code%20

The Wagner Group, a private military contractor with close ties to Russia, has been linked to countless human rights abuses and destabilizing efforts across the globe. The group is now raising speculation in Sudan as they acquire resources to aid Russia's efforts in the war in Ukraine. This week, friend-of-the-cast Adam Pearlman steps in to host John Dermody and Arthur Traldi in discussing how the Wagner Group is classified, whether it should be designated as a Foreign Terrorist Organization, as well as how the recent ICC charges against Putin are unfolding.

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

John Dermody is Counsel at O'Melveny:
https://www.omm.com/professionals/john-dermody/

Arthur Traldi is Senior Attorney-Consultant at Lexpat Global Services:
https://www.lexpatglobal.com/staff_trusted/arthur-traldi/

References:

U.S. Code: Title 18:
https://www.law.cornell.edu/uscode/text/18

H.R. 927, Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996:
https://www.congress.gov/bill/104th-congress/house-bill/927

“Situation in Ukraine: ICC Judges Issue Arrest Warrants against Vladimir Vladimirovich Putin and Maria Alekseyevna Lvova-Belova.” International Criminal Court:
https://www.icc-cpi.int/news/situation-ukraine-icc-judges-issue-arrest-warrants-against-vladimir-vladimirovich-putin-and

The Rome Statute: Crime of Aggression, and Articles 27 and 98:
https://www.icc-cpi.int/sites/default/files/RS-Eng.pdf

H.R. 11315, Foreign Sovereign Immunities Act:
https://www.congress.gov/bill/94th-congress/house-bill/11315

Section 702 of the Foreign Intelligence Surveillance Act is set to expire this year unless reauthorized by Congress. This week, we're airing our latest live discussion featuring special guest April Doss, General Counsel at the National Security Agency. April addresses the arguments for supporting 702, where its pitfalls may lie, and how critical this framework is to national security.

April Doss is General Counsel for the National Security Agency:
https://www.nsa.gov/Culture/General-Counsel/Leadership/

Moderated by Harvey Rishikof, Senior Counselor of the ABA Standing Committee on Law and National Security, and Director of Policy and Cyber Research at the University of Maryland Applied Research Lab for Intelligence and Security:
https://law.temple.edu/contact/harvey-rishikof/

Introductions by Glenn Gerstell, former General Counsel for the National Security Agency:
https://glenngerstell.com/#about

References:

FISA, Section 702:
https://www.govinfo.gov/content/pkg/BILLS-110hr6304enr/pdf/BILLS-110hr6304enr.pdf

E.O. 14086:
https://www.govinfo.gov/content/pkg/FR-2022-10-14/pdf/2022-22531.pdf

The Annual Statistical Transparency Report, 2022 Edition:
https://www.dni.gov/files/CLPT/documents/2022_ASTR_for_CY2020_FINAL.pdf

Check out the Foreign Intelligence Surveillance Act Section 702 Resource Page:
https://www.fisa702resources.com

*2023 Edition of The Annual Statistical Transparency Report is to be released later this month, and will be available on the 702 Resource Page listed above