Siege at the Capital – The National Security Law Perspective National Security Law Today

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/